The following General Terms and Conditions (GTC) between Secondhandbags AG and its customers, hereinafter also referred to as “orderer” or “buyer”, apply to all business relationships, including all orders via telephone, fax, internet, email or letter. The version of the GTC valid at the time of the order is always decisive. These therefore also apply to all future terms and conditions, even if they are not expressly agreed again. By placing the order, the customer accepts the following terms and conditions.
Deviations from these terms and conditions are only effective if Secondhandbags AG acknowledges and confirms them in writing. Purchasing conditions of the customer are not binding, even if Secondhandbags AG does not expressly contradict them. Counter-confirmations by the customer with reference to his business or purchasing conditions are hereby rejected.
§ Offer and conclusion of contract
The customer's order represents an offer to Secondhandbags AG to conclude a purchase contract. After receipt of the order, Secondhandbags AG will inform the customer of the receipt of his order by email (order confirmation). The order confirmation does not represent an acceptance of the offer of the customer. The purchase contract is concluded with acceptance of the offer by Secondhandbags AG. Acceptance takes place through the dispatch confirmation sent by email or through delivery of the goods. Secondhandbags AG can accept the offer within two weeks of receipt of the offer from the customer.
Secondhandbags AG only concludes contracts with legal entities and natural persons with unlimited legal capacity who have reached the age of majority. If it turns out that the customer is not yet of legal age, Secondhandbags AG is entitled to withdraw.
Secondhandbags AG is entitled to withdraw from the contract if Secondhandbags AG is not supplied correctly and / or on time by its suppliers. The purchaser will be informed immediately about the unavailability of the goods. Considerations by the customer will be reimbursed immediately.
Should an article not be available, Secondhandbags AG reserves the right to offer the delivery of a replacement article - at least of the same price and quality. The customer is free to accept or reject this offer.
The information in the Secondhandbags AG sales documents or in the online shop (images, drawings, dimensions, weights, product descriptions, contents, prices and other services) are only to be understood as guidelines and do not represent any assurance of properties, unless they are expressly stated in writing designated as binding.
§ Prices and costs
The prices include the statutory VAT applicable in Switzerland and exclusive of shipping costs. The prices at the time of the order apply. The prices published on Secondhandbags.ch or in the sales documents are in CHF.
The customer has to bear all additional taxes, duties and / or costs incurred in the event of a delivery to countries other than Switzerland. These are not included in the prices.
The customer is responsible for the shipping costs for the goods ordered.
§ 14-day right of return
The buyer has the option of returning an order within 14 days at his own expense. The order is checked, assigned and canceled upon arrival. The money transferred back or any claims reduced. If the buyer has discovered undeclared defects, the bag will be taken back free of charge. The right of return also applies to purchases on account. If the bag is for personal reasons (no longer like it, changed decision, etc.), the buyer will be charged 5% of the purchase price or a maximum of CHF 100.-.
§ Purchase on account with partial payment option (PowerPay AG)
With the PowerPay monthly invoice, you can easily settle your online purchase by invoice with a partial payment option. As an external payment service provider, MF Group / PowerPay offers the payment method “payment by invoice”. When concluding the purchase contract, PowerPay takes over the resulting invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept the PowerPay terms and conditions in addition to our terms and conditions. (powerpay.ch/de/agb).
Deliveries are made according to the shipping conditions valid at the time of the order. The ordered goods will be delivered to the address given by the customer. The delivery times are not binding. Fixed delivery dates must be confirmed in writing by Secondhandbags AG. There are no shipping costs for ordered goods that are made available for collection. The ordered goods are usually dispatched 1-3 working days after receipt of the purchase price (prepayment).
After the first attempt at delivery, the transport risk and the risk of spoilage of the goods are transferred to the purchaser, as delays in acceptance may result in the goods being spoiled. Secondhandbags AG is entitled to partial deliveries and partial services at any time. These must be acceptable to the customer to a reasonable extent. The customer only bears the shipping costs incurred for the entire delivery of the ordered items.
Delivery and service delays due to force majeure and due to events that make Secondhandbags AG significantly more difficult or impossible to deliver - this includes in particular strikes, lockouts, official orders, etc. - even if they occur with the deliveries for Secondhandbags AG or its sub-suppliers, Secondhandbags has AG is not responsible even in the case of binding deadlines and dates. You authorize Secondhandbags AG to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the hindrance lasts longer than 5 working days, Secondhandbags AG is entitled, after a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled. If the delivery time is extended or if Secondhandbags AG is released from its obligation, the customer cannot derive any claims for damages.
If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, Secondhandbags AG is entitled to demand compensation for the damage it incurs as a result, including any additional expenses. We reserve the right to make further claims. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance. If the products have been used or are no longer in their original packaging, the customer will be billed for 100% upon return.
§ Terms of payment, retention of title
The purchase price is due for payment upon acceptance of the order and the order confirmation by Secondhandbags AG. The customer pays according to the payment modalities valid at the time of the order. Discounts and cash discounts are not permitted.
All deliveries are subject to retention of title. Until the purchase price has been paid in full, including all ancillary requirements, the goods remain the unrestricted property of Secondhandbags AG.
Secondhandbags AG reserves the right to exclude individual persons / customers from buying on account without giving reasons. The exclusion will be displayed on the website.
Invoices are issued by our partner Power Pay AG. Power Pay AG sends an order invoice by email the day after the order. The invoice must be paid within 10 days of receipt.
Power Pay AG lists an invoice fee of CHF 1.90.
§ Right of withdrawal
No right of withdrawal
§ Limitation of Liability and Defect Rights
If there is a defect in the ordered goods, the statutory provisions apply, unless otherwise stipulated below. If Secondhandbags AG is liable for damage to the customer due to simple negligence on the basis of the statutory provisions, the following applies: Liability for simple negligence only exists in the event of delay or impossibility or breach of an essential contractual obligation and is limited to the reasonably foreseeable typical damage (contract-typical average damage). It is also limited to the order value. No compensation will be given for lost profit. Incidentally, Secondhandbags AG's statutory liability remains unaffected, in particular liability for willful intent, fraudulent concealment of a defect, gross negligence and any no-fault liability. Any liability arising from the assumption of a guarantee also remains unaffected.
The limitation of liability also applies to third parties who are included in the scope of the contractual relationship. The legal representatives, employees and vicarious agents of Secondhandbags AG are not liable further than Secondhandbags AG themselves.
Warranty claims are initially limited to supplementary performance. The supplementary performance takes place without recognition of a legal obligation and does not lead to a new start of the limitation period. The customer can only withdraw from the contract or reduce the purchase price if the subsequent performance fails.
If the delivery item is defective, the deficiency must be reported to Secondhandbags AG immediately after receipt of the goods, with notification by email being sufficient. Access by Secondhandbags AG is decisive for compliance with the deadline. A violation of the above obligations excludes any warranty claims against Secondhandbags AG. If the delivery item is defective or if the guaranteed properties are missing, the warranty is provided exclusively through replacement delivery. Multiple repairs are permitted. Further claims by the customer are excluded, unless the replacement delivery fails after a reasonable period. Then the customer can, at his option, request a reduction in the purchase price or cancellation of the contract.
All personal data collected will be treated with absolute confidentiality.
The type, scope, location and purpose of the collection, processing and use of the personal data required to carry out orders and support the customer is explained in the information on data protection. Secondhandbags AG will inform the customer in detail at this point. The customer expressly consents to this collection, processing and use of personal data.
§ Details on data protection
All your data will be treated with absolute confidentiality at Secondhandbags AG. The personal data / customer data and information provided by you will only be used by Secondhandbags AG in the context of the customer relationship between you and Secondhandbags AG.
Your data will be treated confidentially by Secondhandbags AG in accordance with the statutory provisions. We collect, save and process your data insofar as they are necessary for the full processing of your purchase including services, technical administration, our own marketing purposes and any warranties that may arise at a later date. Secondhandbags AG is entitled to pass on your data to third parties for creditworthiness and credit checks. The data passed on in this way may only be used by the service provider of Secondhandbags AG to fulfill their task.
Data protection - newsletter:
Secondhandbags AG automatically enters new customers in the newsletter recipient list. You have the option of unsubscribing from the newsletter either in the shop under "Newsletter" or in any newsletter that has been sent, thereby removing yourself from the mailing list.
Data protection - cookies:
Data protection - other:
We cannot accept any liability for the security of data transmission on the Internet; there is a particular risk of third-party access when data is transmitted by e-mail. Use of the contact data published in the legal notice by third parties for advertising purposes is hereby expressly prohibited. The operator expressly reserves the right to take legal action in the event of unsolicited advertising or information material. Should individual regulations or formulations of this disclaimer be or become ineffective, the remaining regulations remain unaffected in their content and validity.
Data protection - Google Analytics
This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link.
This website uses Google AdSense, a service for including advertisements from Google Inc. (“Google”). Google AdSense uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages.
The information generated by cookies and web beacons about the use of this website (including your IP address) and the delivery of advertising formats are transmitted to a Google server in the USA and stored there. This information can be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored about you.
You can prevent the installation of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you declare that you agree to the processing of the data collected about you by Google in the manner described above and for the purpose stated above.
Data protection - Facebook plugins (like button)
Plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our website. You can recognize the Facebook plugins by the Facebook logo or the “Like” button on our site.
When you visit our website, a direct connection is established between your browser and the Facebook server via the plugin. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This enables Facebook to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Facebook.
If you do not want Facebook to be able to assign your visit to our website to your Facebook user account, please log out of your Facebook user account.
Data protection - Twitter
Functions of the Twitter service are integrated on our sites. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. In doing so, data such as IP address, browser type, domains accessed, pages visited, mobile phone providers, device and application IDs and search terms are transmitted to Twitter.
We would like to point out that, as the provider of the website, we have no knowledge of the content of the data transmitted or how it is used by Twitter. Due to the ongoing updating of Twitter's data protection declaration, we refer to the latest version at (http://twitter.com/privacy).
You can change your data protection settings on Twitter in the account settings. If you have any questions, please contact [email protected]
Data protection - Google +1
You can publish information worldwide using the Google +1 button. You and other users receive personalized content from Google and its partners via the Google +1 button. Google saves both the information that you have given +1 for content and information about the page that you viewed when you clicked +1. Your +1 can be displayed as a reference along with your profile name and photo in Google services, such as in search results or in your Google profile, or in other places on websites and advertisements on the Internet.
Google records information about your +1 activities in order to improve Google services for you and others.
In order to be able to use the Google +1 button, you need a globally visible, public Google profile that must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name can also replace another name that you used when sharing content via your Google account. The identity of your Google profile can be shown to users who know your e-mail address or have other identifying information about you.
In addition to the purposes outlined above, the information you provide will be used in accordance with the applicable Google data protection regulations (http://www.google.com/intl/de/policies/privacy/). Google may publish summarized statistics on the +1 activities of users or pass these statistics on to our users and partners, such as publishers, advertisers or linked websites.
§ Complaints, Applicable Law, Place of Jurisdiction
Any complaints on the part of the customer must be addressed in writing to the company address.
Swiss law applies to this contract and to all disputes arising from this contract, excluding the UN Convention on Contracts for the International Sale of Goods, even if orders are made from abroad or deliveries are made abroad.
The place of jurisdiction for any disputes arising from the business relationship is - as far as legally agreed - the registered office of Secondhandbags AG
§ Customer ratings
If you write a customer review, product review or similar in the online shop or on other publicly accessible pages, you grant us the exclusive and unrestricted license for their further use. We reserve the right to show customer reviews after checking them without comment, not or only for a period selected by Secondhandbags AG, shortened or changed, or omitted entirely. Customer ratings or product reviews only reflect the opinion of the customer and do not necessarily agree with the opinion of Secondhandbags AG.
§ Final provisions
The offers from Secondhandbags AG are subject to change and non-binding.
Secondhandbags AG endeavors to describe the goods offered as precisely as possible using images and information. The majority of the products are not mass-produced items, so there may be slight and seasonal deviations from the images and text descriptions. Due to changes in the manufacturer's packaging, it is possible in exceptional cases that the illustration does not always correspond to the products shown. Secondhandbags AG tries very hard to keep the article images up to date.
Secondhandbags AG sales employees are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of these terms and conditions.
These terms and conditions represent the entire agreement between Secondhandbags AG and the customer. Subsidiary agreements, changes and additions to these terms and conditions (including this clause) must be made in writing to be legally effective.
This version represents the most current status; it supersedes all previous terms and conditions.
§ Severability Clause
Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic objectives of the parties. The same applies in the event of a loophole.