General Terms of Business
1. SCOPE OF APPLICATION
1.1. These general terms and conditions (hereinafter referred to as "GTC") apply to all sales contracts concluded between Urbany’s Switzerland GmbH, Butzenstrasse 56, 8038 Zurich, Switzerland (hereinafter referred to as"Urbany’s") and consumers via the Urbany’s online shop (www.urbanys.com).
1.2. The version of the GTC published on the website at the time of the order is authoritative. We reserve the right to make changes to the GTC at any time. In addition, the relevant provisions of the Swiss Code of Obligations apply - unless the terms and conditions contain any provisions.
2. CONCLUSION OF CONTRACT
2.1. The presentation of goods in Urbany’s online shop does not constitute a binding offer.
2.2. By placing an order you submit a binding offer to purchase. Urbany’s will send you an automatic order confirmation by email which documents the order once again. This automatic order confirmation only confirms that the order has been received by Urbany’s and does not constitute an acceptance of your offer.
2.3. The contract is only concluded when the goods are shipped.
2.4. If delivery of the ordered goods is not possible, for example, because the goods in question are not in stock, Urbany’s will refrain from accepting the order. A contract is not concluded in this case. Urbany’s will inform you about this immediately and will refund any payment already received without delay.
3. RIGHT OF REVOCATION
3.1. As a consumer, you are entitled to the following right of revocation when purchasing from the Urbany’s shop.
Right of revocation:
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement. To meet the cancellation deadline, it is sufficient to send your notification that you are exercising your right of cancellation before the cancellation period has expired. Preferably through our contact form or by sending an email to email@example.com.
Consequences of the revocation:
If you want to cancel this contract, we have to reimburse you for all payments we have received from you, including delivery charges (other than any additional costs arising from such a withdrawal), immediately on the day we receive notice of your withdrawal from this contract. We may refuse repayment until we have received the goods back or until proof has been provided that the goods have been returned, whichever is earlier. The goods must be returned or handed over to us (Urbany’s Switzerland GmbH, Butzenstrasse 56, 8038 Zurich, Switzerland) without delay and in any case within whitin fourteen days at the latest from the date on which we were informed of the cancellation of this contract. The deadline is met if the goods have been dispatched before the period of fourteen days has expired. The direct costs of returning the goods are borne by the purchaser. The buyer is only liable for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods.
4. RETENTION OF TITLE AND RIGHT OF RETENTION
4.1. The delivered goods remain the property of Urbany’s Switzerland GmbH until all claims against the customer have been settled in full.
4.2. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchases contract.
5.1. Urbany’s is entitled to make partial deliveries if this is reasonable for the buyer.
5.2. The goods are delivered to the delivery address specified by the buyer.
5.3. The risk of accidental loss or accidental deterioration of the goods is transferred to the buyer when the goods are handed over.
6. PRICES / SHIPPING COSTS
6.1. The prices at the time of the order apply. All prices are retail prices, include the statutory value added tax and do not include shipping costs and any payment fees.
6.2. Urbany’s will inform you about the shipping costs and any payment fees before the contract is concluded. When ordering via the Urbany’s online shop, the price including VAT and any shipping and payment costs will also be displayed in the order mask before the contract is concluded.
6.3. If an order is to be sent to a delivery address outside of Switzerland, VAT will be deducted at the checkout. Please note that if the order is sent to a country outside of Switzerland, there may be additional import duties and taxes that are due when the package arrives at your delivery address. The buyer is responsible for paying such import duties and taxes. Please note that Urbany’s has no control over these fees and as they are different for different countries, Urbany’s cannot predict their amount. Urbany’s recommends contacting the local customs office for further information.
7. PAYMENT OPTIONS
7.1. The following payment methods are available to you:
Payment with credit card:
You have the choice between VISA, Mastercard and American Express. Payment is made through our partner Stripe. Your credit card details are transmitted via a secure SSL connection and are not stored by us.
PayPal is an online payment service with which you can pay for your order easily, safely and quickly. To use this payment method, it is not necessary to be a registered PayPal customer. You can simply log into PayPal during the payment process.
Twint (only in Switzerland):
Fast and secure payment in online shops and apps: With TWINT you don't have to enter a complicated card number. You simply pay in a few seconds with your smartphone via QR code. Open the TWINT app and point the camera at the QR code that you see in the online shop. Or enter the short code in the TWINT app that is displayed in the online shop or in the app.
Klarnas and Billpays payment options:
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, and Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin, Germany, we offer the following payment options:
- invoice: The payment term is 30 days from dispatch of the goods. The invoice terms can be found here. The payment is made to Billpay.
Prepayment (bank transfer):
Urbany's Switzerland GmbH
IBAN: CH23 0483 5157 9102 7100 0
Your order will be shipped as soon as we have received your payment. Please note that the transfer can take different amounts of time depending on the bank.
IMPORTANT: Please use your order number as the reason for payment.
8. WARRANTY AND LIABILITY
8.1. Urbany’s guarantees to deliver the goods in perfect quality. Should there nevertheless be defects in the delivered goods, the customer is obliged to report the defects in writing within 14 days of delivery. After returning the defective goods, the customer receives a replacement delivery. If no replacement delivery is possible, Urbany’s Switzerland GmbH will refund the payment made. In addition, any claim to a reduction in price, cancellation or compensation for consequential damage caused by defects is excluded, as far as legally permissible. Changes by the manufacturer to the external design of the product do not constitue a defect; the images shown on the homepage are for illustration purposes only and are not binding. In addition, the customer forfeits any defect rights in case of improper use of the goods.
8.2. Claims for damages against Urbany's arising from impossibility of performance, breach of contract, from negligence when concluding the contract and from unlawful acts are excluded from Urbany’s, unless there is intentional or grossly negligent action. Liability for indirect damage and consequential damage resulting from use, incorrect performance or loss of performance is excluded.
9.1. Urbany’s uses the personal data you provide (such as name, address, email address, telephone number, account number and bank code) in accordance with the provisions of the data protection law.
9.2. All personal information is treated confidentially. The personal data necessary for business transactions are stored by Urbany's and used to process orders, manage customer relationships, deliver goods, process payments and avert bad debts as well as passing it on to service partners that Urbany's uses to process contracts (such as shipping companies or credit institutions). Furthermore, data is used for our own advertising and marketing purposes, e.g. for sending written advertising information. Urbany’s uses your e-mail address to send promotional unless the purchaser has objected to this. If th consent of the purchaser is required for this, Urbany's will obtain this in advance. A promotional approach by phone will also only take place with your express consent.
You can object to the use and processing of your data for your own advertising and marketing purposes at any time by notifying us.
10. FRAUDULENT ACTIVITIES; BREACH OF DUTIES
10.1. Urbany’s will immediately report any fraudulent or other illegal actions. If the buyer concludes a contract with Urbany’s with fraudulent or illegal intent, Urbany’s is entitled to withdraw from the contract and to assert claims for damages.
10.2. Urbany’s is entitled to refuse to conclude contracts with the buyer. In particular, but not exclusively, if he violates his obligations from these terms and conditions.
11. INTELLECTUAL PROPERTY
11.1. All industrial property rights, trademark rights and copyrights as well as the know-how in relation to our domains as well as in relation to the products sold via the Urbany’s online shop belong exclusively to Urbany’s or their subcontractors or licensors. Any use of these rights by you that is not for your personal, non-commercial use is prohibited without Urbany’s prior consent.
12. APPLICABLE LAW
12.1. All contracts concluded on the Urbany’s Switzerland GmbH website are subject to Swiss law. When ordering by private individuals for private use, the place of jurisdiction is based on the Jurisdiction Act. In all other cases, Zurich is the exclusive place of jurisdiction.