Terms and Conditions (AGB)

1.1.2018

Please read our terms and conditions to avoid any uncertainties when ordering.

The terms and conditions between you and Leilani Lingerie by Mirjam Christen (hereinafter "Leilani Lingerie", "Leilani Lingerie Online Shop" "Leilani Lingerie Showroom" or "we/us") are as follows:

1. Terms and Conditions

1.1. The present general terms and conditions of sale apply to all purchases or the use of services via www.leilani-lingerie.ch, the online shop on the website of Leilani Lingerie by Mirjam Christen (hereinafter referred to as website) and our showroom. If only the feminine form of "customer" is mentioned below, this naturally also includes male customers.

1.2. The special conditions applicable to the purchase of certain products or the use of certain services are defined below: The product and service offers published online are only valid as long as they are visible on the website and while stocks last.

1.3. The images shown on the website are for illustration only and are non-binding. The information and explanations given in catalogs and brochures are for explanation only and are non-binding.

1.4.Leilani Lingerie declines all responsibility for any errors or inaccuracies related to the images, explanations, etc. mentioned in the mentioned catalogues.

2. Conclusion of contract

2.1. By ordering online or placing the order by telephone or email, you make a binding offer to conclude a purchase contract.

2.2. Leilani Lingerie accepts the offer by delivering the goods. The automatically generated order confirmation e-mail does not yet represent acceptance of the order, but merely documents that we have received the order. The decision as to whether an order will be accepted is at our absolute discretion. If an order cannot be executed, we will inform you immediately.

2.3. If, while processing your order, we discover that the products you have ordered are not available, you will be informed of this immediately by e-mail. A contract for the unavailable goods does not come about.

2.4. Leilani Lingerie sells goods exclusively to end consumers who have reached the age of 18 and only in commercially available quantities.

2.5.  When ordering via our online shop, the ordering process consists of 5 steps. In the first step you select the desired goods, then you register with us in the online store and in the third step enter the desired delivery address. In a next step you choose your shipping method and in step 5 your desired payment method. At the end of this process you can send your order to us.

3. Registration

3.1. When entering the personal data required for registration, the customer is responsible for providing truthful and complete information. She is obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The confirmation of the registration follows immediately after sending the registration by clicking on the button.

3.2. The customer is solely responsible for content that you post in areas accessible for this purpose (e.g. in blogs). These must not infringe the rights of third parties.

3.3. Leilani Lingerie is not obliged to accept the registration or the order of a registered customer. We are not obliged to keep our offer permanently available. Orders already confirmed by us remain unaffected.

4. Product offer

4.1. All information about the goods that the customer receives as part of the ordering process is non-binding. In particular, we reserve the right to make changes to the design that improve the functionality of a product, as well as errors in the description, illustration and price. All information on the individual goods is based on the information provided by the manufacturer.

5. Pricing

5.1. The prices stated on the website at the time of the order apply. All prices are given in Swiss francs and include the legally applicable value added tax/sales tax. Processing fees and shipping costs are not included. These will be charged separately. Payment for all orders is accepted exclusively in Swiss francs.

5.2. All catalog prices are target prices that are constantly being adjusted to the market. Leilani Lingerie reserves the right to change its prices at any time. However, the prices valid on the order date and stated on the order confirmation always apply to the products ordered by customers.

5.3. Promotional discounts offered as part of commercial campaigns on the website cannot be combined with other discounts, unless otherwise stated. These special promotional discounts are directly deducted from the purchase amount of the order.

6. Terms of payment

6.1. The price stated on the order confirmation sent to the customer will be invoiced.

6.2. Unless otherwise agreed, all products and services are to be paid for in advance. Goods purchased in our showroom can also be paid for in cash or by MaestroCard.

7. Gift certificates

7.2. The balance of a gift voucher is neither paid out in cash nor does it earn interest.

7.3. Gift vouchers can only be redeemed in the showroom prior to the completion of the purchase process. Gift vouchers cannot be credited retrospectively. Gift vouchers cannot be credited retrospectively. When making a purchase on our website, the order can be placed either by telephone or online.

A cancellation of the purchase of a gift voucher can only be made by our customer service if the gift voucher has not yet been redeemed. A gift voucher is considered redeemed when it has been applied to an order or credited to the account balance.

7.4. If the credit on a gift voucher is not sufficient for the order, the difference can be paid in advance in the online shop or in the showroom in cash or by debit or credit card.

7.5. More than one gift voucher can be used on one order. If the items ordered cost less than the value of the redeemed gift voucher, we will issue you a new gift voucher for the remaining amount.

7.6. We accept no liability in the event of loss, theft or illegibility of voucher cards for which we are not responsible. Likewise, we assume no liability for spelling errors in the postal address or e-mail address of the voucher recipient.

7.7. The gift voucher is transferrable. The use of the vouchers for commercial purposes is not permitted. Reproducing, editing or manipulating the vouchers is also not permitted.

8. Terms of delivery and shipping costs

8.1.  Orders that are shipped within Switzerland and Liechtenstein are shipped by Swiss Post and the shipping costs are 9.- for A-Post and 7.- for B-Post. For parcels that are sent within Europe and that weigh less than 500g, the shipping costs are 20.- for A-Post and 16.- for B-Post. For packages with a total weight of less than 500g to Canada, the shipping costs are 38.00 for Peiority Mail and 26.00 for Economy Mail. For heavier packages, the shipping costs are adjusted to the weight of the ordered goods. The products are usually shipped within 3 to 7 working days.

8.2. For articles that cannot be delivered immediately, the customer is continuously informed about the delivery status. In the event of a postponement of dates, the customer has the option of withdrawing from the purchase at any time by replying to the postponement by email within 5 days.

8.3.If the goods are not in stock at our suppliers either, delivery periods of one month or more can occur. The customer will be informed of this and then has the right to withdraw from the contract in writing within 5 days. The deadlines will be postponed appropriately if obstacles arise that are beyond the control of our suppliers (severe operational disruptions, late or defective deliveries, etc.). The obligation on our part to deliver does not apply if, despite proper hedging transactions, we are not supplied correctly and on time and are not responsible for the lack of availability, we have informed you of this immediately and we have not assumed a procurement risk. If the goods are not available, we will refund any advance payment immediately.

8.4. DThe delivery time is extended appropriately in the event of circumstances affecting the delivery due to force majeure. Strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of ours, e.g. through fire, water and machine damage, and all other hindrances which, from an objective point of view, were not culpably caused by us, are equivalent to force majeure. We will inform you immediately of the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. Further claims, especially for damages do not exist.


8.5. We are entitled to partial deliveries. We will assume the additional shipping costs for partial deliveries.

8.6. Externally visible damage to our packages and unsuccessful delivery of our packages must be reported to our customer service immediately. We immediately seek clarification of the situation with the customer or our carriers.

9. Return and exchange conditions

9.1. It is the customer's responsibility to check the goods immediately upon delivery and to complain about any defects or discrepancies with his order. Said objections or complaints must be communicated to us by email or letter within the shortest possible time and at most within 5 days of delivery.

9.2. In our online shop it is possible to return the goods in case of dissatisfaction upon presentation of proof of purchase. Goods can also be exchanged in our showroom. For a return or exchange, the goods must be in their original packaging, unused, clean, complete and undamaged. Items that are incomplete, damaged or soiled by the customer will generally not be accepted.

9.3. Returns are possible within 10 calendar days of receipt of the shipment or collection from our showroom. If the customer is unable to present the delivery or receipt confirmation, the 10-day period begins when the order is dispatched. Only items that are in their original packaging, are unused, clean, have been returned in their entirety and are undamaged, together with the label or proof of purchase, will be taken back.

9.4. The shipping costs and the shipping risk are to be borne by the customer in the event of a return of the goods. The goods can be returned by post or returned to the showroom free of charge.

Please ship returns to:


Leilani Lingerie by Mirjam Christen
Grendelstrasse 13
5408 Ennetbaden
Switzerland

9.5. When returning goods free of charge in the showroom, the goods must be presented together with the delivery note or order confirmation. Proof of purchase must be presented for goods purchased in the showroom. It should be noted that the refund can only be made using the same payment method as the original payment.

9.6. Nfter the goods have been received, Leilani Lingerie checks the return and decides whether it is in perfect condition and whether a credit can be issued. The refund will be made using the same method of payment as the original payment and will usually be made within 5 business days.


9.7. In the event of a mixed payment with a gift card, the amount on one gift card will be refunded in the event of a return or exchange in the showroom.

9.8. Only the value of the goods will be refunded. Any shipping costs incurred will not be credited.

9.9. In the case of panties, accessories, stockings and pantyhose, returns or exchanges are excluded. Individualized items or items manufactured to your customer specifications cannot be returned or exchanged.

9.10. Exchanges are only possible in the Leilani Lingerie showroom. An exchange is only possible for unused, clean and undamaged goods in the original packaging. In the case of a free exchange, the goods must be presented together with the delivery note or order confirmation. Proof of purchase must be presented for goods purchased in the showroom. If the goods were delivered defective, the procedure is the same as for a return.

10. Contract-resolving determinations

10.1. If the customer fails to meet one of his obligations, or only partially, or fails to meet a payment deadline, Leilani Lingerie reserves the right to either demand immediate payment of all outstanding amounts, of whatever nature, to suspend all deliveries or to continue the current one dissolve the contract.

10.2.In the event of a delay in payment, you undertake to reimburse all costs, expenses and cash expenses that we incur in pursuing our claims. This also includes all extrajudicial costs of a commissioned debt collection agency or lawyer, without prejudice to an obligation to reimburse costs under procedural law.

11. Reservation of proprietary rights

11.1 The delivered goods remain the property of Leilani Lingerie until full payment has been made. This is entitled to make a corresponding entry in the retention of title register.

12. Statutory warranty

12.1. Unless expressly agreed otherwise, the statutory warranty regulations apply.

12.2. We value your satisfaction. You can contact us at any time using one of the contact methods specified above. We try to check your request as quickly as possible and will contact you after receipt of the documents or your input. However, please give us some time, as warranty cases often require the involvement of the manufacturer. In the event of complaints, you can help us if you describe the problem or defect as precisely as possible and, if necessary, send us a copy of the order documents or at least state the order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask.

13. Copyright and trademarks

13.1. All content on the Website, including text, graphics, photographs, images, moving images, sounds, illustrations and software, is owned by us or our related companies, licensees and/or content providers. This content is protected by copyright and other rights. Their use is only permitted with our express consent. Unless otherwise stated, all trademarks used on the website are our trademarks. These may not be used without our prior written permission.

14. Privacy

14.1. Leilani Lingerie assures that the provisions of the Swiss Data Protection Act and the relevant legal standards are observed when collecting, processing and using personal data. The customer data collected during order processing is only used for internal market research purposes. A transfer to third partner companies only takes place to the extent that it is absolutely necessary for the proper provision of services (order processing). The customer agrees to this use of his data. In addition, he has the right to view the data stored about him at any time and to prohibit their use for internal market research purposes.

14.2. This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies. The information generated by the Google cookies about the use of our website (including the IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of our website for us, to compile reports on website activity for us and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. The user of our website agrees to the processing of the data collected in this way by Google in the manner and for the purposes set out above. We assume no responsibility or liability for data processing by Google.

15. Jurisdiction and Applicable law

15.1.Place of jurisdiction is the registered office of Leilani Lingerie. However, we may also appeal to the court at the customer's registered office. Swiss law applies exclusively, even if the goods are ordered from or delivered abroad. The parties will endeavor to settle any disputes arising from the implementation of this contract amicably. When the customer orders goods, these general terms and conditions are deemed to have been accepted. Changes or additions to the general terms and conditions are made exclusively by us.

16. Final clause

16.1. When selling the goods specified in print catalogues, flyers and in the Leilani Lingerie online shop, the General Terms and Conditions apply exclusively in the version valid at the time the respective contract was concluded. These terms and conditions also apply in particular if they differ from those of the customer. Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. Otherwise, Leilani Lingerie reserves the right to change these General Terms and Conditions at any time.

17. Impressum / Contact

Do you have questions? Check out our Frequently Asked Questions. Here you will find information and answers about our products and services. Of course you can also contact our customer service at any time, we are happy to be there for you.

Phone: ++41 (0)56 536 83 33

Email: kundenservice@leilani-lingerie.ch

Address: Grendelstrasse 13, 5408 Ennetbaden, Schweiz