General Terms and Conditions (GTC) of the Atelier 1985 Online Shop
1. Scope
The following General Terms and Conditions apply to all legal transactions concluded via the online shop www.shop.atelier1985.ch (hereinafter referred to as "Online Shop"). This Online Shop is operated by Kaufhaus Krone GmbH Olten (hereinafter referred to as "Kaufhaus Krone").
Kaufhaus Krone reserves the right to modify these GTC at any time. The version of the GTC in force at the time of the order, available at https://www.atelier1985.ch/agb, will be applicable. Conflicting or deviating terms and conditions of the customer are not recognized.
For readability, masculine terms are used. These terms apply equally to all genders for the purpose of equal treatment.
2. Conclusion of Contract
All items and prices displayed in the Online Shop do not constitute binding sales offers but serve as an invitation for the customer to submit an offer. A binding purchase offer is made by the customer when they click the button that completes the order process in the Online Shop. By submitting the order, the customer accepts the General Terms and Conditions.
The order is confirmed to the customer through an automatically generated order confirmation sent to the provided email address. This confirmation merely indicates receipt of the order and does not constitute binding acceptance of the order. The purchase contract is only concluded under the conditions of delivery availability and correct pricing, as indicated in the shipping confirmation, which defines the final scope of the delivery.
3. Delivery
The ordered products will be shipped once full payment has been received by Kaufhaus Krone. The products will be dispatched within approximately 3 working days of the order date in Switzerland. Delays may occur on weekends or public holidays. Please note that Kaufhaus Krone has no influence on delivery times to the EU once the items have been dispatched.
The customer is entitled to withdraw from the contract if, after the contract is concluded, products cannot be delivered in whole or in part due to reasons beyond Kaufhaus Krone`s control. In such cases, any purchase prices already paid will be refunded.
If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods transfers to the customer or an authorized recipient only upon delivery. A consumer is any natural person acting for purposes outside their trade or business in relation to the contract.
If the customer acts as an entrepreneur, Kaufhaus Krone fulfills its obligation by handing over the ordered product to the transport company. The risk of accidental loss passes to the entrepreneur upon handover to the transport company. Kaufhaus Krone is not liable for any errors made by the chosen transport company. An entrepreneur is any natural or legal person acting for purposes related to their business or trade in relation to the contract.
Kaufhaus Krone delivers exclusively to addresses in Switzerland and the EU. Shipping to PO box addresses is not available.
Prices listed do not include shipping costs or customs fees. Standard parcel post or a courier service (for an additional charge) is used for shipping.
4. Prices/Shipping Costs
Prices listed at the time of the order are applicable. Prices include VAT for deliveries within Switzerland but do not cover shipping costs, customs duties, or other taxes and charges. Prices displayed in the Online Shop are in euros.
Shipping costs, customs duties, taxes, and all other associated costs are not covered by Kaufhaus Krone and are fully borne by the customer unless otherwise explicitly agreed.
5. Payment
Payments can be made by credit card (currently unavailable) or via prepayment through e-banking or bank transfer (a payment slip can be sent upon request). Prepayment must be made within 3 calendar days of order confirmation. If payment is not received within this period, Kaufhaus Krone is entitled to withdraw from the contract without compensation. The customer will be informed by email.
6. Right of Withdrawal
If the customer is a consumer, they are entitled to the following right of withdrawal when purchasing from the Online Shop.
The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to an EU member state and whose sole residence and delivery address are outside the EU.
The consumer has the right to withdraw from the contract within 14 days of receiving the goods without providing any reasons. To exercise the right of withdrawal, the consumer must send an email to Kaufhaus Krone (contact@atelier1985.ch) with a clear declaration of their decision. It is sufficient for the withdrawal notification to be sent before the withdrawal period expires.
Consequences of Withdrawal
If the consumer withdraws from the contract, Kaufhaus Krone will refund all payments, including delivery costs (except for additional costs resulting from the consumer`s choice of a different delivery method than the cheapest standard delivery offered by Kaufhaus Krone), within 14 days from the date the withdrawal notification is received. Refunds will be made using the same payment method as the original transaction unless expressly agreed otherwise. Kaufhaus Krone may withhold the refund until the goods are returned or proof of return is provided.
The consumer must return the goods within 14 days of notifying Kaufhaus Krone of the withdrawal. The consumer bears the cost of returning the goods.
The consumer is liable for any reduction in the value of the goods resulting from handling beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods.
Please return products by post or courier to:
Kaufhaus Krone, Solothurnerstrasse 8, 4600 Olten, Switzerland.
Or bring the items back to our store.
7. Warranty for Deliveries to the EU
The goods offered on the website are represented in digital photographs of actual goods. Minor deviations between the depiction and reality (especially in color) do not constitute a defect in the ordered goods.
If the goods are defective, the legal warranty provisions apply. If the customer is a consumer, they are requested to report any obvious transport damage to the delivery provider and inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
Shipping costs, customs duties, and all other costs for returning products after the withdrawal period are not covered by Kaufhaus Krone and are fully borne by the customer.
8. Warranty for Deliveries to Switzerland
Goods are inspected before dispatch and leave Kaufhaus Krone in perfect condition. The delivered products must be checked by the customer as soon as possible, and any defects must be reported within 3 days of receipt of the goods by emailing a photo of the defect to contact@atelier1985.ch. Failure to report defects within 3 days results in the goods being considered accepted.
In the event of a legitimate defect, Kaufhaus Krone will offer a remedy, either by rectifying the defect (repair) or providing a replacement. In such cases, Kaufhaus Krone will cover the return shipping costs.
If no remedy can be offered, the customer is entitled to withdraw from the contract.
Warranties are void on clothing and shoes that have already been worn, and for normal wear and tear, improper handling, or damage caused by external influences.
Further and particularly statutory warranty provisions are excluded.
If the customer is dissatisfied with the order, Kaufhaus Krone grants a return right within 3 days of receipt of the goods for all purchased products. Any items returned after this period cannot be refunded.
The return value will be credited to the customer as a voucher, provided the items are in pristine condition, meaning unworn, unwashed, and with tags still attached. Shoes must be returned in their original box. Shipping fees are non-refundable, and the customer bears the return shipping costs.
If the size does not fit, the item can be exchanged as long as it is returned in perfect condition.
A return authorization is required for any return. Return authorization can be obtained by emailing contact@atelier1985.ch. Please do not return any products before receiving return authorization.
Sale items, discounted products, gift vouchers, or swimwear cannot be returned.
Please return products by post or courier to:
Kaufhaus Krone, Solothurnerstrasse 8, 4600 Olten, Switzerland.
Or bring the items back to our store.
9. Disclaimer
The content on Kaufhaus Krone`s website does not contain any assurances or guarantees. Kaufhaus Krone is not liable (to the extent permitted by law) for any direct, indirect, or consequential damages resulting from the use of information and materials on this website or through access via links to other websites. Liability for third-party damage is also excluded. Any potential claims against Kaufhaus Krone are limited to the purchase price of the product.
Kaufhaus Krone assumes no liability for descriptions provided by third parties, especially customer reviews published in the Online Shop or on our social media presence.
10. Data Protection
Kaufhaus Krone does not trade in data sets or make them available to other companies for analysis or research purposes. Data is only shared with third parties when necessary to fulfill the contract (e.g., transport companies). More information about how we handle your data can be found in our privacy policy.
11. Severability Clause
Should individual provisions of this agreement, including these terms and conditions, be wholly or partially invalid or if this agreement contains a gap, this does not affect the validity of the remaining provisions or parts thereof. The invalid or missing provisions will be replaced by the respective legal regulations.
12. Applicable Law and Jurisdiction
This agreement and all related legal relationships are governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law do not apply.
The courts in Olten, Switzerland, have exclusive jurisdiction for all disputes in connection with this contract.
Version 1.0 (September 2024)