Terms and conditions of online purchase

Terms and Conditions Online Purchase

Status: 05/31/2022

1. Applicability and Scope
The offer is aimed at natural customers with their place of residence or legal customers with their registered office in Switzerland. Deliveries are generally only made to addresses in Switzerland "( customers "). For shipping outside of Switzerland, please contact us individually, these terms and conditions have no effect in this regard.
The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between REAWAKE GmbH, Brandschenkestrasse 43, UID no. CHE-483.247.020 (hereinafter referred to as " REAWAKE ", " us " or " we ") and the customer (hereinafter referred to as " customer ", " buyer " or " you ") for high-quality second-hand products (hereinafter lovingly referred to as « Treasure(s )») that are purchased via our website www.reawake.ch (hereinafter referred to as « online shop » or « website »).
The website and the online shop are operated by:
REAWAKE GmbH
Brandschenkestrasse 43
UID Nr. CHE-483.247.020
Telephone: +41 44 300 30 07
Email: info@reawake.ch

Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Conflicting conditions of the customer are not recognized.
REAWAKE reserves the right to change these GTC at any time. All changes will take effect upon the posting of the new T&Cs on the website. When purchasing a product, the relevant point in time for the applicability of the valid General Terms and Conditions is the date on which the binding order was submitted to us.
Please read these terms and conditions carefully before placing a binding order. By bindingly ordering our Treasures, you agree to the terms below and represent that you have the legal capacity to form legally binding contracts and are at least 18 years old.

2. Conclusion of a purchase contract
The presentation of the Treasures in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. REAWAKE expressly reserves the right to change the Treasures themselves as well as the content, such as images, range, prices and descriptions of our Treasures, at any time and without prior notice. Illustrations, images, brochures, advertising and other information related to our Treasures are for informational purposes only and shall not be binding on REAWAKE. Product images contained on the website may be incorrect. The colors in particular may vary for technical reasons. Technical data such as dimensions or materials, as well as other performance specifications, are given as accurately as possible but may show the usual deviations.
The customer can place a binding order for the treasures he has selected via our online shop. The customer can add the Treasures he selects to the shopping cart. This does not yet count as a binding order. An order is only considered binding if the customer clicks on the “Buy” button after the “Check Out” button on the order page at the end of the ordering process. Before submitting the order ("Buy" button), the customer can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order. By clicking on the "Check Out" button, the customer accepts our terms and conditions by ticking the appropriate box. We recommend that you print out the GTC for the purpose of online ordering and your documentation or save them on your computer
After entering the payment details by clicking the "Buy" button, the customer will immediately and automatically receive an order confirmation via email. This confirmation email contains the details of your order. When the confirmation e-mail is sent, a binding purchase contract is concluded, which irrevocably obliges you to pay.
If a product is no longer available in individual cases, we reserve the right to cancel the order within 48 hours of receipt of the confirmation email by sending a corresponding email and without assuming any liability towards you. Any payment already made will be refunded to you upon cancellation of the order. Reasons for refusing an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is reason to believe that the customer has breached these T&Cs, Individual Contracts, fraudulent or other criminal activities or for any other important reason.

3. Availability and reservation of performance for undeliverable Treasures
All information regarding the availability of our Treasures and the shipping and delivery of our Treasures is preliminary information and approximate guideline. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable Treasures or for delays in shipping or delivery of the Treasures is expressly excluded.
Our Treasures are unique pieces. If, while processing your order, REAWAKE determines that the Treasures you have ordered are not available, we will notify you immediately. In this case, a contract for the undeliverable Treasure does not come about because the ordered Treasure cannot be delivered.
We also reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.

4. Prices and shipping costs
Our treasures and prices are the same as those stated on the website. All prices are given in CHF (Swiss francs) and include the statutory value added tax (VAT). The total price of your order, including all additional and shipping costs and the VAT to be paid, is displayed at the end of the ordering process. When shipping to countries outside of Switzerland (only possible in exceptional cases after individual agreement), additional customs fees may apply. These are not included in the price, are outside of REAWAKE's sphere of influence and must be paid for by the customer.
With the binding order you declare that you agree to the total price for the ordered Treasures.
REAWAKE reserves the right to change prices at any time. The Treasures are charged on the basis of the prices offered at the time the binding order was placed.
Shipping is always by registered mail, including shipping insurance that may be included by the shipping company (currently with Swiss Post max. CHF 1,500). At the customer's request, additional insured shipping is possible for an additional charge. If you would like additional insured shipping, please let us know by email after placing your order.

5. Terms of Payment/Credit Check
Orders are generally due for payment immediately.
The customer has the option of paying with the means of payment that are displayed on the website or during the ordering process. These may change from time to time. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (e.g. to hedge our credit risk only those according to the respective credit rating). REAWAKE is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
With the choice of the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes REAWAKE to receive or collect payments in the appropriate way. Should chargebacks occur, REAWAKE is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, REAWAKE is not 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, check the availability parameters for collection and address details and 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, REAWAKE reserves the right to cancel the order and stop shipping the Treasures. In this case we will contact you immediately. The Treasure will then immediately be released for sale again.

6. Terms of delivery or collection
a) Delivery
The Treasures will be delivered to the delivery address specified when ordering. Deliveries are always made via the delivery service of Schweizerische Post AG.
For shipping outside of Switzerland, please contact us individually using the contact form. We will then try to find the optimal shipping solution with you individually.
Shipping is always by registered mail, including shipping insurance that may be included by the shipping company (currently with Swiss Post AG, max. CHF 1,500). At the customer's request, additional insured shipping is possible for an additional charge. If you want additional insured shipping, please let us know by email after placing your order.
Treasures that you order in our online shop are usually delivered to you within Switzerland within 1-4 working days after receipt of full payment. REAWAKE is not responsible for delays in delivery by the carrier, regardless of the cause.
If the customer does not accept ordered and delivered Treasures or if the customer does not collect them from the post office or a designated PO box within the period specified by the post office or the delivery service, you will arrive on the day after the attempted delivery or after the collection period has expired Delay of acceptance. Failure to accept the Treasures you have ordered will not relieve you of your obligation to accept such delivery and timely pay all amounts due under the contract of sale. You shall bear the shipping costs and all other costs that REAWAKE incurs as a result of your default in acceptance.
If the delivery of the Treasures fails due to the fault of the customer despite three delivery attempts, REAWAKE can withdraw from the contract. In this case, any payments already made by the customer will be refunded in the form of a REAWAKE voucher.
b) Collection
You make the appropriate selection for collection during the ordering process. If you choose the pickup option, the Treasure must be picked up within 5 business days at the show location indicated on the Treasure description. Deviating collection requests are to be discussed individually. When picking up, payment can alternatively be made both in the online shop and at the exhibition site. If treasures for which the collection option was selected are not collected and paid for within 5 working days, or if bindingly ordered treasures are paid for but not collected within 2 months, they will be released for sale again, the purchase contract will be canceled and reversed and we will refund the purchase price paid in the form of a REAWAKE voucher. The obligation to pay also arises when the pick-up option is selected with the binding order in the online shop. Therefore, the Treasure must be paid even if the customer does not like it, then REAWAKE will issue a credit note (no cash back) at the customer's request.

7. Transfer of Title
Ownership of the Treasures only passes to the buyer once the purchase price has been paid in full.

8. Right of Return
As a gesture of goodwill, we grant you a 3-day right of return for orders placed in our online shop. You must do this within 3 bank working days in Switzerland from receipt of the goods. Please contact us in advance about an intended return by email at info@reawake.ch .
If you exercise your right of return, we will issue you a REAWAKE voucher in the amount of the purchase price. A refund of the purchase price in cash is not possible. The REAWAKE voucher will be issued when we have received the goods back. You must pay for shipping and all return transport costs yourself.
The issuance of a full value REAWAKE Voucher requires that the Treasure be in the same condition as when the Treasure was delivered to you. If the condition of the Treasure deteriorates, REAWAKE reserves the right to reduce the amount of the REAWAKE voucher according to the deterioration of the Treasure or to refuse it completely.
Furthermore, a return is excluded for specially marked so-called “charity treasures”.
If the Treasure was purchased via our online shop and was also refreshed in the studio at your request, we will only issue the REAWAKE voucher for the amount of the purchase price, without taking the costs of the studio into account.

9. Notification of Defects/Warranty
REAWAKE guarantees that the Treasures are a 100% authentic original product. Each Treasure is carefully checked by a team of experts. If a Treasure is not authentic, we will refund the purchase price 100% immediately.
In addition, REAWAKE guarantees that the Treasures correspond to the promised properties and have no defects that would impair their value or their suitability for the intended use. Since the Treasures are usually used one-offs, normal signs of wear to the extent specified in the description of the Treasure in question do not constitute a defect. The conditions of use are defined as follows:
Like new: The Treasure has never been worn. No visible signs of use.
Very good : The Treasure was rarely worn. Slightly visible signs of use.
Good : The Treasure was worn. Visible signs of use.
loved : The Treasure was often worn. Clearly visible signs of use.

Upon receipt of the Treasures, the customer must immediately check them for correctness, completeness, any deviation from the described condition of use or any additional defects. Errors, deviations from the described state of use or defects that go beyond this must be reported to REAWAKE within 3 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it promptly, the product will be deemed approved and you will no longer be entitled to make any claims against us.
The statutory warranty regulations apply. The warranty period is 1 year from receipt of the product. Excluded from the warranty are treasures that have been damaged through the buyer's own fault. Furthermore, the warranty for separately marked “charity treasures” is excluded.
Due to the uniqueness of the Treasures, the customer's warranty claims are limited to the elimination of defects/repairs to the exclusion of all other claims, in particular to the exclusion of replacement delivery, reduction or compensation for indirect and consequential damage. If a subsequent improvement fails or is not possible due to the nature of the matter, the customer is entitled to withdraw from the contract in the event of significant defects.
To report a complaint or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
REAWAKE GmbH
Brandschenkestrasse 43
8002 Zurich
info@reawake.ch
+41 44 300 30 07

The defective Treasure must be returned to the REAWAKE address above or brought to a REAWAKE branch with a copy of the invoice and a detailed description of the defect. Treasures are returned at the customer's expense and risk. Please confirm your return and keep this confirmation, as in the event of a lost package your warranty claim cannot be processed.

10. Registration for an Account
When registering a customer account, you can view information about your completed, open and recently sent orders and manage your address data. Since your data is saved, you do not have to re-enter it when you make a new purchase.
If you register for such an account, you are responsible for ensuring that your personal data required for registration is true and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. REAWAKE ensures that your data will be treated confidentially and not passed on to unauthorized third parties.
Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
REAWAKE is not obliged to accept the registration or the order of a registered customer.

11. Praise, Complaints and Complaints
We attach great importance to customer satisfaction. You can contact us at any time using the contact information given above. We aim to process your enquiries, compliments and complaints as quickly as possible and will contact you upon receipt of the documentation or your input or complaint. If you have any complaints or complaints, please help us by telling us the exact problem and, if necessary, providing a copy of the order documents or at least stating the order number, customer number, etc. We aim to reply to you within 3 business days.

12. Liability
REAWAKE is liable in the event of a breach of its own obligations under these GTC and the contractual relationships based on them for damage caused and proven by it through illegal intent or gross negligence. Liability is expressly excluded for slight and moderate negligence and for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damage includes, for example, lost profits, financial losses, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of the REAWAKE services. In addition, REAWAKE assumes no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.
The above exclusions and limitations of liability do not apply in the case of culpable injury to life, body and health caused directly by REAWAKE or in the case of mandatory statutory regulations.
Subject to the foregoing, our total liability under these Terms, regardless of the reason and to the extent permitted by law, shall be limited to the price of the Treasures that the Client has ordered from us.
Event outside of our control
If an event occurs which is beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or late performance of any obligations arising from these GTC and the contractual relationship based on them. An event outside of our sphere of influence exists, for example, in the following cases:
strikes, lockdowns or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosion, storm, flood, earthquake, epidemic, pandemic (including Covid-19), other natural disasters, or failure of public or private communication networks or the inability to use the rail, shipping, air, motor vehicle routes or other means of public or private transport.
If an event outside our control occurs that affects the performance of our obligations under the contract, we will let you know as soon as possible.

13. Privacy
The data required for business transactions will of course be treated confidentially.

14. Copyright
The information and content published on the website are protected by copyright and are the property of REAWAKE or the respective copyright holder. Reproduction, processing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. REAWAKE and the relevant rights holder expressly reserve all rights relating thereto.

15. Severability Clause
Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.

16. Governing Law and Jurisdiction
Only substantive Swiss law applies to these GTC, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Treasures (CISG).
The place of jurisdiction for natural persons is REAWAKE's registered office or at the customer's place of residence. For legal entities, the REAWAKE headquarters is the sole place of jurisdiction.
These provisions only apply if there are no mandatory provisions of the law of the state in which the consumer has his habitual residence which take precedence over these GTC.