general terms of sale online

Lamaro GmbH

The Company publishes the https://www.https://lamaro-designs.com
Clients can use the Web Site to order various Products by shop or mail.

The terms and conditions under which the Company shall sell the Products that are offered for sale to clients on the Web Site. They therefore apply to any order for Products placed by a client on the Web Site.

The clients hereby declare that they have read and accepted these T&Cs prior to placing their order.

A client’s confirmation of their order shall therefore be tantamount to acceptance of these T&Cs. These T&Cs are updated regularly; The T&Cs that are applicable shall be those that are in force on the Web Site on the date on which the order is placed.

Before being able to place an order, clients shall be given the opportunity to create a personal account in order not to have to input their data anew each time they wish to place an order. It is up to clients to preserve the confidentiality and the security of their connection identifiers. clients must immediately inform the Company about any unauthorized use of their identifiers. The Company shall not be liable for any loss or damage resulting from a client’s inability to protect their identifiers.

To place an order, clients should select the Products that they wish to buy; they may access their shopping basket, containing the summary of their order, at any point in time, before confirming it. For any new order, clients should input their delivery information and their delivery mode.

After having keyed in their delivery information and chosen their preferred delivery mode, clients must then proceed to pay for the Products in their shopping basket using one of the methods of payment proposed on the Web Site. A clear and legible payment statement shall be displayed in the order confirmation screen in order to ensure that clients can clearly see the payment required for their order.

The Company shall send an order confirmation e-mail to the client, setting out the data of the summary of their order. The sending of this confirmation e-mail shall result in the formation of the contract of sale between the Company and the client.

The prices shall be displayed on the Web Site as part of the descriptions of the Products, in Swiss Francs, excluding tax.

The sum total due shall be mentioned in the order summary, before the client is asked to accept these T&Cs, confirm their order, input and confirm their delivery address and their billing address if different, and proceed to making payment.

Orders placed by clients for Products on the Web Site shall be payable in Swiss Francs. The entire payment must be made on the date of the order unless the Company expressly accepts special terms of payment.

The Web Site uses a security system provided by a service provider specializing in secure online payments. This system guarantees the total confidentiality of the client’s banking information.

The client hereby guarantees to the Company that they have the requisite authorization to use the chosen payment method to place their order.

The Company shall be entitled to suspend or to cancel the fulfilment and/or delivery of an order, whatever its nature and its stage of fulfilment, in case of a failure to pay or in case of partial non-payment of any sum of money that the client owes to the Company, in case of a payment default, or in case of fraud or attempted fraud in the use of the Web Site and the payment of an order.

The availability of the Products is displayed at the time of placing an order.

Each Product is however manufactured by the Company’s suppliers on request, so errors or changes may exceptionally arise, such as in case of stock outages of raw materials at a supplier of the Company or due to a large number of orders being placed for the same Product.

Should a Product be unavailable after the placing of an order, the Company shall inform the client as soon as possible and shall offer to either replace the Product ordered by a different Product or to cancel the order and issue a refund.

The countries to which Products can be delivered shall be listed on the Web Site upon the order being placed. Outside these delivery destinations, the Company shall be entitled to reject an order or to only accept it after an agreement concerning the carriage costs that will be incurred by this delivery.

The delivery costs and restrictions shall be stated during the ordering process. Deliveries shall be made by the carrier depositing the Products on a transport pallet in front of the block of flats or the house indicated by the client upon placing their order. All deliveries to the interior of the building or domicile of the client shall be subject to personalized quotes which must be accepted by the client in order to confirm their order.

In case of late delivery due to unforeseeable circumstances, the client should contact the Company to find out the additional timescale needed for delivery. Should delivery not have taken place upon expiry of the additional timescale disclosed to the client, the client may cancel their order by contacting the Company in writing. The client shall then be refunded within fourteen days following the Company’s receipt of the request for cancellation.

clients must however ensure that the delivery information they provide to the Company is and remains correct until the Products ordered have been received in full. The clients therefore undertake to inform the Company about any change in their delivery address and contact details that occurs between the placing of the order and the delivery by immediately sending an e-mail to the e-mail address of the Company’s customer service unit. Failing this, the Company shall not be liable for delivery delays or errors.

Should it not be possible to deliver the Products due to the client’s failure to comply with the delivery restrictions mentioned above when placing their order, the client may pick up their order in person from the warehouse of the closest carrier or may have to pay additional delivery costs.

The Company hereby disclaims liability should the failure to receive the Products or their late delivery be due to circumstances of force majeure as defined by the applicable law and court precedents or by client’s responsibility.

Clients should check the content of the delivery upon receipt of their order. It is up to the client to check, prior to signing the delivery note, that the Products are all delivered and are in good condition and that they have not suffered any damage during transportation. The checking of the state of the Products shall be deemed to have been performed and approved by the client once the delivery note shall have been signed.

In case of a non-compliant delivery, clients should contact the Company as soon as possible, and in any event no later than 3 days following the delivery, to agree on a refund or a replacement.

Should the wrong Product or a damaged or defective Product be delivered, the client must raise clear and precise reservations on the delivery note. In case of delivery of a Product that is damaged during transportation and not flagged up on the delivery note, the Company shall be entitled to refuse any claim or request for reimbursement within the limits permitted by the applicable law.

The client undertakes to comply with the terms of these T&Cs.

The client undertakes to use the Web Site in a way that complies with the instructions of the Company.

Clients hereby acknowledge and agree that they must only use the Web Site for personal purposes, in keeping with these T&Cs. In this respect, the clients undertake to refrain from:

• using the Web Site in an illegal way, for any illegal purpose or in any way that is incompatible with these T&Cs;
• selling, copying, reproducing, renting, lending, distributing, transferring or granting a sublicense over all or part of the content of the Web Site or from decompiling, extracting, disassembling, modifying, displaying in a legible form, attempting to uncover any source code or using any software application that activates or incorporates all or part of the Web Site;
• attempting to obtain unauthorized access to the computer systems of the Web Site or engaging in any activity that disrupts, reduces the quality, interferes with the performances or damages the functionalities of the Web Site;
• using the Web Site for wrongful purposes by deliberately introducing viruses or other malicious programs into it and trying to access the Web Site in an unauthorized manner;
• infringing the intellectual property rights of the Company and/or reselling or trying to resell the Products to third parties;
• denigrating the Web Site and/or the Products and the Company on the social networks and any other means of communication.

The Company implements all the measures needed to ensure that the client receives quality Products under optimal conditions. It hereby disclaims any liability and warranty as far as legally permissible. This means that the company is only liable in cases of fraudulent intent (Art. 199 OR).

Any Liability is also waived for any damage that might be due either to the fault of the client, or to force majeure, or to unforeseeable acts committed by parties that are external to the contract and that are impossible to overcome.

Although the Company does not provide any commercial warranty over its Products, the client is advised to read and comply with the usage and care instructions of the Products that are available on the Company’s Web Site, or elsewhere. The Company hereby disclaims liability and shall not be bound by any obligation under any applicable statutory warranty if the defect or damage affecting the client’s Product is linked to faulty maintenance of the Product by the client.The Web Site may contain links to other Web Sites that are not published or controlled by the Company, which hereby disclaims liability for the operation, the content or any element present on or obtained through these Web Sites.

Prior to any use of the Web Site, clients must ensure that they have appropriate computer and telecommunications resources to enable them to use the Web Site and order the Products of the Web Site, and that their browser enables them to gain secure access to the Web Site. clients must also ensure that the configuration of their computer hardware is up-to-date and does not contain any viruses.

The use of the Web Site and the ordering of Products shall give rise to the gathering and the processing of the personal data of the users of the Web Site and the clients by the Company.

These data gathering and processing operations shall be performed in accordance with the Company’s privacy policy which can be viewed on the Web Site.

All the elements of this Web Site and the Web Site itself are protected by copyright, trademark law, the rules of law applicable to drawings and models and/or all other applicable intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the world as a whole.

The name and the trademark of the Company, the logos, drawings and models, stylised letters, figurative trademarks, and all the signs represented on this Web Site are and shall remain the exclusive property of the Company.

No title nor any right over any element or software shall be obtained by downloading or copying elements of this Web Site. It is strictly prohibited for clients to reproduce (save for their strictly personal and non-commercial use), publish, disseminate, transmit, distribute, show, remove, delete, add to this Web Site and to the software elements and applications that it contains, modify them or perform any work using them as a basis, or sell or take part in the sale of any elements of this Web Site or any software application linked to same.

The client shall be barred from using the company names, trademarks and distinctive signs belonging to the Company, save with the prior, express agreement of the Company.

These T&Cs shall be governed and interpreted in accordance with Swiss law.

Should a dispute arise over the interpretation and/or the performance of these T&Cs or in connection with these T&Cs themselves, the client may opt to submit this dispute jointly with the Company to contractual mediation or to any other alternative mode of settlement of disputes.

The exclusive place of jurisdiction for disputes arising from this business relationship is Zurich.