General terms and conditions of business
Terms and Conditions - GENERAL TERMS AND CONDITIONS
ALVEN GmbH – ALVEN web shop
These General Terms and Conditions (GTC) regulate the relationships between ALVEN GmbH (hereinafter ALVEN) and the customers of the ALVEN web shop. The General Terms and Conditions are a mandatory part of every contract concluded between ALVEN and a customer (for standard items and custom-made products). Subsidiary agreements, assurances or changes to these terms and conditions must be in writing.
In the ALVEN web shop, orders can only be placed by private customers (who are at least 18 years old) who are resident in Switzerland and/or Liechtenstein and who have a delivery address in Switzerland and/or Liechtenstein. Only normal household quantities can be ordered. According to these General Terms and Conditions, private customers are natural persons who want to conclude a contract for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. Customers who are not private customers should contact our customer service via the contact form or telephone.
3. Order and conclusion of contract
When placing an order, the customer must register and open a personal account. The personal data will only be used to process this order. Regardless of the type of order placed, all data must be provided completely and correctly. The personal password chosen by the customer when registering must be kept strictly secret. The customer is responsible for all actions taken on the website under this password, even without his knowledge.
The contract as part of an online order in the ALVEN web shop is concluded when ALVEN has sent the customer the final order confirmation by email. The customer's order is binding for him. After submitting the order, the customer cannot make any changes to the order.
4. Delivery conditions
ALVEN only delivers within Switzerland and the Principality of Liechtenstein.
Packaging and shipping costs are displayed in detail before the order is completed and shown separately on the invoice.
ALVEN is not liable if the goods are undeliverable or delivered late due to the customer providing the delivery address incorrectly or the recipient not being present.
ALVEN offers the products subject to availability. If a product is not available or is no longer available, the customer will be informed accordingly. ALVEN reserves the right to withdraw from the contract if products are no longer available through no fault of ALVEN.
Available goods will be dispatched within ten working days of receipt of the order. The expected delivery times are guidelines. ALVEN is not liable for delivery delays through no fault of its own, e.g. due to force majeure, traffic jams, strikes, bad weather conditions, etc., and these do not entitle the customer to withdraw from the purchase contract or to claim damages. Longer parcel delivery times must be expected before public holidays (Easter, Christmas).
5. Prices and payment terms
The prices stated on the website at the time of ordering apply. All prices are gross prices in Swiss francs (they include VAT). We will debit the payment amount upon receipt of the order. The prices are binding until the order is confirmed by ALVEN or for the period specified in the order confirmation. Payment for the goods can be made either by credit card or on account. The condition is that the billing and delivery addresses match and the credit check by our payment service provider is positive.
The customer agrees that Alven GmbH will allow the third parties called in to check the customer's creditworthiness and to collect the purchase price (in particular the credit reporting agency CRIF AG, Zurich, or a company affiliated with it) to have access to his or her personal data arising from the business relationship at any time Data including all payment experiences from the ordering process are granted. The customer is entitled to revoke his above consent in writing at any time.
Collection is not possible as ALVEN only sells online.
The invoiced amount must be paid to the account specified in the invoice no later than the due date specified on the invoice form.
If the invoice is not paid by the due date, the customer is in default upon expiry of the payment deadline without further reminder and default interest of 8% will be charged. ALVEN reserves the right to assign outstanding claims to debt collection partners without warning. These debt collection partners are then entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as other fees, in particular the costs of any debt collection proceedings. The goods remain the property of ALVEN until full payment has been made.
6. Returns / Exchanges / Returns
The customer undertakes to check the goods for completeness and condition immediately upon receipt. Any complaints regarding quality and completeness must be reported to ALVEN immediately, but no later than within 24 hours of delivery, otherwise the delivery is deemed to have been accepted. In principle, the legal regulations regarding liability for material defects apply. Deviations in color representations may depend on the monitor used and the recording technology and do not constitute a defect.
ALVEN is not liable for transport damage or damage resulting from improper storage of the goods after they have been taken over by the customer or his assistants.
There is a right of return of ten working days for undamaged, unused goods. The goods must be carefully packaged, preferably in the original packaging, to be returned. ALVEN reserves the right not to take back damaged or used goods.
Items excluded from return:
Excluded from the return are goods whose production requires an individual selection or configuration by the consumer or which are clearly tailored to the personal needs of the consumer (e.g. production of special dimensions to order). This applies to items that were ordered by the customer according to their own specifications, as well as to sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
7. Data protection
The data necessary for the transaction is stored and passed on to the company commissioned with the delivery as part of the contract processing. Otherwise, stored data will not be passed on to third-party companies, with the exception of the credit rating agencies. ALVEN’s data protection regulations generally apply to data protection.
Order-related and other correspondence by ALVEN can be carried out electronically. We expressly point out the security risks associated with data transmission via email that are not under the influence of ALVEN, such as virus transmission, data damage, data loss or third-party access. By placing the order, the customer allows ALVEN to send documents and other data using unencrypted emails.
8. Applicable Law
Swiss law (excluding the UN Convention on Contracts for the International Sale of Goods) applies to these General Terms and Conditions. The place of jurisdiction is Zurich.
9. Cancellation policy
Right of withdrawal:
You have the right to cancel this contract within ten days without giving reasons. The cancellation period is 10 (ten) days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must inform us by post to ALVEN GmbH, Webshop, Bohlweg 6, CH-8800 Thalwil or by email to service@ALVEN.ch by means of a clear, written statement of your decision to withdraw from this contract . In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation:
If you cancel this contract, we will pay you all payments we have received from you immediately, including delivery costs (except for the additional costs that arise if you have chosen a type of delivery other than standard delivery) and at the latest to be repaid within ten days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods immediately and in any case no later than ten days from the day on which you inform us of your cancellation of this contract to ALVEN GmbH, c/o ESPAS Logistik, Erlenstrasse 89, 8805 Richterswil. The deadline is met if you send the goods before the deadline of ten days has expired. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Items excluded from the right of withdrawal:
The right of withdrawal does not apply to contracts for the delivery of goods for the production of which an individual selection or configuration by the consumer is essential or which are clearly tailored to the personal needs of the consumer (e.g. production of special dimensions to order).
All duvets, pillows, mattresses and fixed moltons are generally excluded from the right of withdrawal.
10. Redeeming gift vouchers
We generally offer gift and promotional vouchers. Gift vouchers are vouchers that you can purchase. Promotional vouchers are vouchers that you cannot purchase, but that we issue as part of advertising campaigns with a specific period of validity.
10.1 Gift vouchers (vouchers that you can purchase) can be redeemed to purchase ALVEN items. However, they cannot be used to purchase additional gift vouchers. Gift vouchers can only be redeemed once as part of an order process.
10.2 The balance of a gift voucher will neither be paid out in cash nor interest.
10.3 Gift vouchers and credit can only be redeemed before completing the ordering process. Gift vouchers and credit cannot be applied retroactively.
10.4 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 offset against an order or credited to the credit account.
10.5 If the balance of a gift voucher is not sufficient for the order, the difference can be made up using the payment options offered. If the value of your gift voucher exceeds the total value of your order, the remaining amount will be forfeited. For administrative reasons, it is not possible to refund any remaining balance. Promotional vouchers cannot be used to purchase gift vouchers.
10.6 Only one gift voucher can be used with an order.
10.7 To redeem gift vouchers on your order, write down the gift voucher code in the relevant field or in the comments field.
10.8 We assume no liability for loss, theft or illegibility of voucher cards through no fault of our own. We also assume no liability for typographical errors in the information about the voucher recipient.
10.9 The gift voucher is transferable. The use of vouchers for commercial purposes is not permitted. Reproducing, editing or manipulating the vouchers is also not permitted.
11. Redeeming promotional vouchers
11.1 Promotional vouchers are only valid for the specified period and can only be redeemed once as part of an ordering process. Individual brands may be excluded from the voucher campaign.
11.2 The value of the goods must be at least equal to the amount of the promotional voucher. For administrative reasons, it is not possible to refund any remaining balance.
11.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible. The balance of a promotional voucher will neither be paid out in cash nor interest.
11.4 The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined with each other.
11.5 If the balance of a promotional voucher is not sufficient for the order, the difference can be made up using the payment options offered.
11.6 The promotional voucher will not be refunded if goods are returned in whole or in part, provided the promotional voucher was issued as part of a promotional campaign and no consideration was provided for it.
11.7 If you used a promotional voucher when making your purchase, we reserve the right to charge you the original price of the goods you are keeping if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher.
Customer and logistics center, address for deliveries and returns:
c/o ESPAS Logistics
Our customer service opening times:
Mon - Fri: 9:00 a.m. - 12:00 p.m., 1:00 p.m. - 5:00 p.m. excluding national and local holidays and bridge days
Billing address and company headquarters:
Appointments by appointment only. If you have any questions about our offer, your delivery or warranty cases, please contact customer service first: +41 44 786 7289