|Terms & Conditions|
Cotton & Color, Astrid Oberhauser (subsequently called “Cotton & Color”) executes your order accordance with the terms and conditions in force at the time it is placed. You can download those terms & conditions onto your computer or print them out. Cotton & Color cannot accept any other terms & conditions.
2. Conclusion of a contract
A contract is concluded when Cotton & Color accepts the contract offer made through your order by sending an order confirmation by e-mail. The order confirmation describes the major elements of your order, obvious errors being excluded. Please check your order confirmation for obvious typing and calculation errors as well as for discrepancies between order and our confirmation. Cotton & Color should be informed immediately of any discrepancies.
If you have given an incorrect e-mail address in connection with your order and Cotton & Color’s confirmation cannot be delivered to you, the contract will become effective if Cotton & Color sends you the order confirmation by another channel.
3. Cancellation right
You are entitled to revoke the purchase contract within 10 days after receipt of the shipment by returning the unused and originally packaged item(s) without having to give any reasons. Always put sufficient postage on the returned shipment and include the original invoice. Returned items can be accepted only if postage is paid on them.
Should the item(s) already show signs of use, Cotton & Color reserves the right to charge you for the reduction in its value and for the value of its use. Stencils, patterns, fabrics and batting less than 1 m in length and opened CDs or DVDs are excluded from the right to be returned.
To meet the deadline for the cancellation right, the item(s) simply need(s) to be sent off in good time to:
Cotton & Color
CH 4125 Riehen 1
If you cancel an order in good time, you are released from the contract with Cotton & Color. Cotton & Color will refund you the purchase price already paid – where appropriate after a deduction for the loss in value.
Unless otherwise agreed, items will be shipped from stock to the delivery address you stated. The delivery time for orders from Switzerland is approx. 6 days, for orders from EU countries approx. 10 days. Items that are out of stock will be re-ordered immediately. In this case the delivery time ranges from 1-3 weeks for European to 4-8 weeks for overseas products. Cotton & Color may fill only part of an order. For you this results in no additional cost.
5. Shipping Cost and Customs Duty
Please note the detailed information regarding shipping cost.
Import duty, payable by you, may be due on items sent outside Switzerland. It varies from one customs area to another. You are responsible for the proper payment of the necessary customs duty and other charges. Import duty does not fall under the heading of shipping costs.
6. Payment terms, late payment
- on account (for domestic customers and international customers with a proven payment history). Invoices become due within 30 days of the invoice date. In case of late payment, Cotton & Color is entitled to demand interest of 10% p.a.
- by credit card (VISA, Eurocard/Mastercard). The purchase price becomes due when the items are shipped.
- Prepayment: shipping of the items after receipt of the payment. In case of prepayment by wire transfer or check you get 3% discount on the invoive total. Credit card payments are excluded from this provision.
- Pick-up and payment of the items in the shop.
The prices include the current statutory VAT.
8. Reservation of title, withdrawal
Delivered items remain the property of Cotton & Color until all existing claims on you have been fully settled. Cotton & Color is entitled to withdraw from the contract in the case of late payment. If, despite a contractual obligation, a supplier does not supply an ordered item to Cotton & Color so that Cotton & Color, through no fault of its own, is permanently unable to deliver it, Cotton & Color is entitled to withdraw. Cotton & Color will immediately inform you if unable to supply an item and will immediately refund you any amounts already paid.
9. Offsetting, right of retention
Offsetting is permissible only if your claim has been legally established or recognized. The right of retention exists only insofar as your counterclaim derives from the same contractual relationship.
10. Warranty, liability
If, at the time of the passing of risk, an item has a defect for which Cotton & Color can be held responsible, you may choose between the elimination of that defect and the item’s replacement. If the item cannot be made perfect or replaced, you are entitled to withdraw from the contract or demand a reduction in the purchase price. The warranty period is 2 years.
Cotton & Color assumes liability for its own negligence and for malicious or grossly negligent damage caused by assistants. It does not assume liability for indirect damage or foregone profit or for damages caused by assistants’ ordinary negligence. Its liability under product liability rules remains unaffected.
11. Delivery Point
Cotton & Color
CH 4125 Riehen 1
12. Data protection
You have been informed by Cotton & Color about the nature, scope, place and purpose of the collection, processing and utilisation of the personal data required to execute your order. You expressly agree to that collection, processing and utilisation of your personal data.
13. Applicable Law and court of jurisdiction
Swiss law is applicable and not UN law regarding purchases. The court of jurisdiction for all claims connected with your order is Basel-Stadt.
Riehen, October 2003