Allgemeine Geschäftbedingungen

Gültig vom: 8. October 2021

1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between piq GmbH (hereinafter referred to as piqyourdress, "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for products (hereinafter referred to as "products" or "goods") purchased via our website www.piqyourdress.com (hereinafter referred to as "Online Shop" or "Website"). Our offers, services, products and deliveries are made exclusively on the basis of the respective valid GTC and our data protection declaration. These GTC and our data protection declaration shall also apply to all future business relations, even if they are not expressly agreed again.

You can access the current GTC at any time at https://www.piqyourdress.com/en-de/terms-conditions/.

The Online Shop is operated by:
piq GmbH, Grubenstrasse 25, 8045 Zurich, Switzerland
UID-No. Switzerland: CHE438210884
UID No. EU: ATU76823458
Telephone: +41 43 233 00 11
E-Mail: contact@piqyourdress.com

Individual agreements concluded with the customer shall take precedence over these GTC. Opposing conditions of the customer are not recognized.

piqyourdress reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the Website. The relevant time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.

The contractual language is exclusively German. If the present German text and the English text are in conflict, the German text shall prevail in its validity.

Please read these terms and conditions carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to conclude legally binding contracts and that you are at least 18 years old.

2. Conclusion of a Contract
The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the Online Shop. piqyourdress expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for piqyourdress.

The customer can place a binding order for the products selected by him/her via our Online Shop. The customer can put the products he/she selects into the "shopping cart". This is not yet considered a binding order. An order shall only be deemed to be binding when the customer clicks on the button "order subject to payment" on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary, before the binding final submission of the order.

We will confirm to have received your order immediately and automatically by e-mail. This confirmation e-mail contains the information of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a contract of sale. By sending the order you confirm that you have read the terms and conditions and that you agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer. The invoice for your order is sent to you in a separate e-mail.

After you have placed a binding order, piqyourdress is free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded when the order is cancelled. You remain bound to your order for 10 days.

Upon acceptance of the order by piqyourdress, a binding purchase contract with the customer is created. This acceptance takes place through explicit notification by e-mail.

3. Availability and reservation of performance for products not available
All information about the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.
Our products are available as long as our stock lasts. If, while processing your order, piqyourdress discovers that the products you ordered are not available, we will inform you immediately. In this case, no contract will be concluded.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer by e-mail accordingly.

4. Prices and Shipping Costs
Our products and prices correspond to those indicated on the Website. For customers with a delivery address in Switzerland, all prices are provided in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 7.7%. For customers with a delivery address in Germany or Austria, the prices are provided in EUR (Euro) and include the statutory value added tax (VAT) of 19% for Germany resp. 20% for Austria. The total price of your order, including all additional charges and shipping costs, is displayed at the end of the ordering process.

By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.

piqyourdress reserves the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.

Indicated product prices do not include delivery costs.

5. Payment Conditions
The customer has the option to pay with the means of payment, which are shown on the Website or during the ordering process. These may change from time to time and vary from country to country.

By choosing the means of payment, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorizes piqyourdress to accept or collect payments by the appropriate means. Should there be a chargeback, piqyourdress shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, piqyourdress shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address details and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, piqyourdress reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.
In the case you choose pre-payment as payment method, the customer will receive the invoice after placing her/his order by e-mail. The payment shall be made according to the instructions given on the invoice using the payment slip or the payment reference. If the payment is not made on time, piqyourdress reserves the right to cancel your order.

If you are in default of payment, you owe a default interest in the amount of 5% per year. For each reminder sent to you after the occurrence of the default, you may be charged a reminder fee in the amount of CHF 5.00 resp. EUR 5.00 Any collection, legal and court costs will additionally be borne by you in full. We reserve the right to prove and claim a higher damage caused by delay.

6. Delivery Conditions
Deliveries to Switzerland and the Principality of Liechtenstein:
The delivery to addresses in Switzerland and Liechtenstein cost CHF 10.00 and is made by the delivery service of the Swiss Post. Deliveries with an order value of up to CHF 2,500.00 will be invoiced to the customer at CHF 10.00.

Delivery to Germany and to Austria:
Delivery to addresses in Germany is carried out via the delivery services of DHL. The delivery to addresses in Austria is carried out via the delivery service of the Austrian Post. For both countries, deliveries with an order value up to EUR 2,500.00 will be charged to the customer with EUR 5.90.

For all countries:
The products that you order in our online store and that are in stock will be delivered to you within 2 working days (or 10 working days for customized products) after confirmation of the conclusion of the contract. piqyourdress is not liable for delivery delays for which piqyourdress is not at fault. If a delivery delay occurs, the customer can cancel his order.

If the delivery of the product fails due to the customer's fault (e.g. unsuccessful delivery attempts), piqyourdress can withdraw from the contract. Any payments made will be refunded.

If not all ordered products are in stock, we are entitled to make partial deliveries. Any deadlines only begin with the receipt of the partial delivery.

7. Retention of title
piqyourdress remains the owner of the delivered products until they have been paid for in full. piqyourdress may have the retention of title entered in the public register for this purpose.

8. Revocation policy for customers based in Germany and Austria
Revocation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us piq GmbH, Grubenstrasse 25, 8045 Zurich, Switzerland, e-mail: contact@piqyourdress.com, telephone: +41 (0)43 233 00 11, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we
received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us or to in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Sample revocation form
If you wish to revoke the contract, please fill out and return this form.
Delivery address:
Scherrer Logistik, c/o piqyourdress, Augartenstraße 27, 6890 Lustenau, Austria,
e-mail: contact@piqyourdress.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.

End of the revocation policy

No right of revocation/ deviations
The right of revocation does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

9. Notice of Defects, Warranty
piqyourdress warrants that the goods correspond to the warranted characteristics and that they have no defects that could affect their value or their suitability for the intended use.

Upon receipt of the products, the customer must check them immediately for correctness, completeness, and possible damage. Any errors or damage must be reported to piqyourdress within 5 working days. Defects that could not be discovered during a proper inspection and only occur later must be reported in writing immediately after their discovery. If you do not inspect the defect or notify us immediately, the goods shall be deemed approved, and you shall no longer be entitled to assert any claims against us.
The statutory warranty regulations against manufacturing defects/material or production faults apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the buyer's own fault.

For customers from Switzerland and the Principality of Liechtenstein: The customer's warranty claims are limited to replacement delivery or rectification of defects/rectification to the exclusion of all other claims, in particular rescission, reduction or compensation for indirect and consequential damages. piqyourdress decides on replacement delivery or rectification at its own discretion. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in case of considerable defects.

For customers from Germany and Austria: The warranty claims are the supplementary performance, the withdrawal from the contract and the reduction of the purchase price. In particular, the customer can demand as subsequent performance of his choice the elimination of the defect or the delivery of a defect-free item. Piqyourdress can refuse the chosen type of supplementary performance if it is only possible with disproportionately high costs or is impossible altogether.

For all countries:
For complaint notification or service questions, please contact us at the following address with the order number, a description of the error and other helpful information: piq GmbH, Grubenstrasse 25, 8045 Zurich, Switzerland, e-mail: contact@piqyourdress.com

The defective product must be returned with a copy of the invoice and a detailed description of the defect to the following addresses:
For customers with delivery address in Switzerland and Principality of Liechtenstein:
Scherrer Logistik, c/o piqyourdress, Nebengrabenstrasse 16, 9430 St. Margrethen
For customers with delivery address in Germany and Austria:
Scherrer Logistik, c/o piqyourdress, Augartenstrasse 27, 6890 Lustenau, Austria.

The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as in case of package loss your warranty claim cannot be processed.

10. Registration for an account
When registering for a customer account you can find information about your orders as well as manage and store your address data. Since your data is saved, you do not have to enter it again when you make another purchase.

If you register for such an account, you are responsible for ensuring that your personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it available to unauthorized third parties. If you receive any indications of misuse of your customer account by third parties, you must inform us immediately.
piqyourdress assures to treat your data confidentially and not to pass it on to unauthorized third parties. For more information on data protection in dealing with your customer account, please refer to our privacy policy, available at: https://www.piqyourdress.com/en-ch/privacy-policy/.

The registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.

piqyourdress is not obliged to accept the registration or order of a registered customer.

11. Complaints and Claims
We attach great importance to customer satisfaction. You can reach us using the contact information provided at the beginning of this terms and conditions. We endeavor to investigate your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have any complaints or claims, please help us by describing the exact problem or errors and, if necessary, provide a copy of the order documents or at least indicate the order number. We will endeavor to reply to you within 2 working days.

12. Liability
Towards clients from Switzerland and the Principality of Liechtenstein:
Unlimited liability: We shall be liable without limitation for direct damages arising from intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
The remaining liability for further damages arising from contract or tort, in particular but not exclusively also for indirect, consequential damages etc. is hereby completely excluded.
Furthermore, piqyourdress assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
Subject to the foregoing, the total liability under these GTC, regardless of the reason, and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.

Towards customers from Germany and Austria:
Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely. The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our legal representatives and vicarious agents.
In the event of a breach of material contractual obligations, piqyourdress shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

For all countries:
In the event of the occurrence of an event beyond our control and influence (so-called force majeure), we assume no liability or responsibility for the non-fulfillment (or late fulfillment) of obligations arising from these GTC or the contractual relationship based on them. Furthermore, in such cases we reserve the right to withdraw from the contract. An event beyond our control exists, for example, in the following cases:

In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the loss of the ability to use rail, shipping, air, motor routes or other means of public or private transport.
If an event beyond our control occurs that affects the performance of our obligations under the Contract, we will notify you at the earliest possible time.

13. Data Protection
When you use our website and contact us, various personal data is collected. piqyourdress collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For more information on the processing of your personal data, your rights and related issues, please refer to our privacy policy. This can be accessed at https://www.piqyourdress.com/en-ch/privacy-policy/. The data protection declaration may be amended or supplemented by us at any time.

14. Copyright
The information and content published on the website are protected by copyright and are the property of piqyourdress or the respective rights holder. The reproduction, editing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. piqyourdress and the respective rights holder expressly reserve all rights in this regard.

15. Severability Clause
If one of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract into account as far as possible. The same applies to possible loopholes in these GTC.

16. Online Dispute Resolution
The European Commission has set up an online platform for alternative dispute resolution (ADR) for EU-based consumers, which provides an out-of-court procedure for settling all disputes arising from and in connection with online sales contracts. The platform is available under the following link http://ec.europa.eu/consumers/odr/.
piqyourdress is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

17. Applicable Law and Venue
These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss substantive Law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of piqyourdress or the customer's place of residence.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his/her habitual residence which take precedence over these GTC.

Zurich, 8th October 2021.

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