General terms and conditions
§ 1 Subject and contracting party
The following terms and conditions are binding for all contracts between you, as a customer (“the customer”), and us as the operator/owner of the online shop www.shopviu.com (“the seller”). As integral part of the order process you acknowledge the general terms and conditions its most recent version at the time of the order. All verbal agreements must be confirmed in written form to be binding. The written form prerogative is also fulfilled if the intent declaration is send via emails.
Sole owner and operator of the online shop www.shopviu.com (“Online Shop”) and your contracting party is
VIU VENTURES AG, Weststrasse 70, 8003 ZÜRICH
Our offer in the online shop is targeted solely at non-commercial customers with regular residency in Switzerland or Liechtenstein
§ 2 Contract of purchase
- Our online shop product offering is a not a binding contract of purchase. The customer initiates the contract of purchase by completing the order form and clicking “submit order” at the end of the order process. The customer’s request for a contract of purchase is valid for one week. If we accept the customer’s request for a contract of purchase within this period as stated in cif #2, the contract is valid and binding.
- After submitting the order, customers receive an automatic email confirming the receipt of the order – this email is not a binding acceptance of the request for a contract of purchase. The acceptance of the customer’s request for a contract is declared by issuing one of the following: a customer invoice for the respective order (sent via email or in written form), the confirmation email that the product has been submitted to the post office or at the latest with the arrival of our product at the customer.
- The contract is limited to the products which are explicitly included in the invoice, the receipt confirmation or sending confirmation.
- The customer’s right to return the purchased product (according to paragraph 6) is not influenced by the terms specified above.
- For security reasons each single order is limited to a maximum order value of CHF 2000 (excl. surcharges, e.g., for shipments outside of Switzerland).
- The signed contract may be in German or English language. The order receipts saved by the online shop serve as proof of the contract of purchase and the transaction.
§ 3 Prices and potential surcharges
- Prices in the online shop are quoted including value added tax and all other relevant price elements. The are quoted in Swiss Frank (CHF) currency.
- The following surcharge rules apply: package deliveries in Switzerland are generally free of charge for the customer, while surcharges apply for international package deliveries (CHF 15). Excluded from this rule are returns with regard to reclamations, which in general are covered by the customer.
- Limited to cases mentioned in § 4 Ziff. 2, additional surcharges may apply
§ 4 Payment and proprietary rights
- The due amount can be paid by Postcard/Postfinance, Credit card (VISA and Mastercard) or via bank transfer (only available to customers in Switzerland), as shown on website.
- If we are unable to obtain the full amount due, e.g., because of insufficient credit card or bank account limits, then the seller has the right to a lump-sum compensation of up to CHF 100 for additional costs incurred.
- The lump-sum compensation mentioned in § 4 cif. 2 only applies if there the incurred costs are not higher then the stated CHF 100. Further legal rights are not excluded.
- Offsetting or holding back rights only apply for customers in case they are uncontested or have been recognized by declaratory judgment.
- Until the full amount due has been received, the property rights of the product belong to the seller. A delivery obligation only starts from the moment when the full amount has been received. If the full amount has not been received within 30 days after order confirmation, the seller has the right to step back from the contract of purchase.
- Until the property rights have been duly transferred, customers have no right to use the product as security or pledge the rights to a third party, but they are only entitled to sell the product in the context of a ordinary course of business.
§ 5 Delivery and transfer of risks
- Try at home deliveries are only possible for addresses within Switzerland and Liechtensein – direct purchases are also possible internationally.
- The costs of delivery are stated in § 3 cif. 2.
- Products are either being sent out from our central storage or from our optician partner Müller Optik Zürich AG in Zürich. These shall be the fulfillment locations.
- Should a product not be completely in stock, then the seller has the right to deliver parts of the product.
- The service of the seller is an obligation to send and is fulfilled with the transfer of the product to a logistics provider.
§ 6 Right of return
- Customers have the right to return the purchased product within 30 days after the issuance date of the invoice. For individually personalized corrective glasses, the seller has the right to charge 25% of the purchase prices for the costs of personalization already incurred. At the latest, the product has to be received by a logistics operator at the last day of the return period (proof via datestamp)
- Please return the product in the original packaging including a reason for return to the the following address: VIU VENTURES AG, Grüngasse 4, 8004 Zürich
- The seller will only accept the return if the product is as a new, original state, including the original invoice. Furthermore, the product needs to be returned complete, including all items and accessoires (e.g., Etui and/or cleaning cloth)
- If the product delivered is corresponding to the ordered product, then the customer bears the cost for the return delivery.
- If the product is returned in an imperfect condition, then the seller has the right to charge for the incurred loss in value. If the customer decides to use a different packaging than the VIU original packaging for the send-back, then the risk of damaging and loss lies with the customer.
- If the products have been returned correctly, the seller will check the product/order and pay out the amount to be returned. The amount can be deducted by additional costs incurred by the seller. For credit card payments, the amount will be paid out as credit to the card account. For customers with invoice payment option, the amount will be transferred to the account from which the original payment has been made.
§ 7 Liability for examination and notice requirement
- The customer is obliged to examine the product after receipt and is required to give notice about any defects of the product, as soon as the ordinary course of business allows this. If the customer is not giving written notice about any defect within the first 14 days after delivery, then the product is regarded as approved.
- Defects, which could not be identified in an ordinary examination, will need to be brought to notice to the seller immediately after discovery in written form. Otherwise, the ordered products are regarded as approved.
- The seller is responsible to remedy defects. This can either be done by substituting the defect product or by remedy of the defect (rectification). If the good is substituted it becomes property of the seller.
- If it is not possible to remedy the defect (rectification), then the customer has the right to step away from the contract of purchase. This is not the case for minor (insignificant) defects. Customers have no right for purchase price reduction. This exclusion of liability also applies to all rights which compete with the warranty rights – be it those from contract (Art. 97 ff. OR), offence (Art. 41 ff. OR), recession for reason of mistake or change of circumstances (Art. 23 ff. OR.) etc.
- The right of the customer warranty shall be time-barred and is only valid within 2 years after the product has been delivered.
- The seller does not give its customers any legal guarantees. Exempt hereof are manufacturer warranties. Advertisement, public remarks and other commercial statements don’t represent a contractual quality of the products.
- The seller does not take legal responsibility for the statements and claims of third parties, in particularly customers, which provide feedback in the context of the online shop and social media presence.
§ 8 VIU EYEWEAR TRY AT HOME
- The seller provides potential customers with the ability to order up to 4 frames online for a non-binding try at home („VIU EYEWEAR TRY AT HOME“).
- The option VIU EYEWEAR TRY AT HOME can be selected in the online shop order process. The seller will send the selected eyewear frames as fast as possible to the delivery address registered in the order process. The costs for delivery and return (both ways) are covered by the seller.
- The VIU EYEWEAR TRY AT HOME comes with VIU frames equipped with demo lenses. The frames will remain in the property of the seller and customers only receive the temporary right to use the frames (during the try-at-home phase).
- No payment process is required to order VIU EYEWEAR TRY AT HOME.
- The potential customer has the right to examine and try-on the selected and delivered eyewear frames.
- The 4-day Try-at-home phase starts with the arrival of the products at the customer address. In order to keep the return deadline, the package including all frames and accessories should be delivered to the Post at the latest on the fourth day after receiving the package.
- The transport risk of delivery and return of the package is with the seller, as long as the potential customer is using the provided packaging and is applying reasonable care. The packaging is designed for delivery and return and needs to be used. Should the potential customer use a different packaging, then the risk of loss during the transport remains with the customer
- If the package incl. all the frames and equipment is not returned with the specified 4 day period, then the seller will send out a reminder notice. The seller has the right to issue a cost contribution invoice for the costs incurred with the reminder.
- If the TRY AT HOME package is not returned within 30 days after being sent out by the seller, then a contract of purchase is automatically in effect, covering all products, which have been sent as part of the TRY AT HOME (eyewear frames, equipment). Hereby, we’ll charge a fee of CHF 145 for every eyewear frame being sent. A return warranty as stated in §6 above does not apply. Otherwise the regular payment terms, as stated in §4 above, apply.
- During the TRY AT HOME, you are obliged to treat the glasses carefully and protect them from damaging or loss. For the deterioration you will have to pay compensation if the deterioration is due to the misusage of the goods, which goes beyond the testing and functioning properties. The goods can be tested and tried on similar to how this is possible and customary in a retail store.
§ 9 Frames, lenses and prescription/eye correction
- Colors and patterns of the delivered frames may differ from the pictures on the internet.
- The color of tinted lenses may differ from the pictures on the internet.
- We do not determine or verify your individual refractive error. To order corrected glasses it is required to specify your refractive error (correction values, eyeglasses prescription data or information). You are responsible for providing the correct information. We recommend the regular consultation of an ophthalmologist in order to update your prescription data and for medical examination. When you confirm your order and prescription data, you will confirm that your prescription is not older than two years. We take no liability for providing false (prescription) information.
§ 10 Liability
- All cases of breach of contract and the relevant legal consequences, as well as all claims of the customer, irrespective on what ground they are based, are exhaustively covered by these terms and conditions. The customer can only claim for compensation of damage to the product itself. A liability claim that exceeds the value of the order is excluded.
- The exclusion of liability under the forgoing section 1, does not apply in case of unlawful intent or gross negligence.
- The ordered products shall only be employed for the agreed usage. For other applications a written consent must be obtained in advance.
The treatment of personal customer data by the seller is governed by the Privacy Statement. This forms an integral part of these Terms and Conditions. The Privacy Statement is available on the website [www.shopviu.com]. For order processing, we store the data of our customers and give them for this purpose, if necessary, to third parties. The customer can object to the use of the data for advertising purposes at any time.
§ 12 Severability clause, Subject to change
- In case any provision of these Terms is invalid or incomplete or if the fulfillment would be impossible, the validity of the remaining provisions shall not be affected. The contracting parties shall take action to replace the invalid provision by a valid provision that comes closest to the content of the original intent and the pursued economic purpose.
- Any changes or additions to these Terms and Conditions shall have a form which allows the detection of text, such as particular fax and e-mail. This also applies to an amendment of the written form requirement. The seller may change these terms at any time. The changes will be sent to the customer by e-mail or will be published online by other appropriate means. Once the customer makes use of services of the seller after the changing of the terms, he implicitly agrees to the new terms and conditions. The binding version of the GTC can be read and printed under http://www.shopviucom/de/content/3-allgemeine-geschaeftsbedingungen.
- Other contractual terms for customers, even those which explain the applicable contract, are not part of the contract. They are only valid if the seller has explicitly accepted them in a written form.
§ 13 Choice of law and jurisdiction
- Swiss law is applied exclusively and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.
www.shopviu.com January 2014