Terms of service
1.1 Our range of goods in the online store is aimed at consumers throughout the world (hereinafter "Customers").
1.2 The operator of the online store at www.lostandfound-accessoires.com/.ch (hereinafter referred to as the "online store") and your contractual partner is:
lost&found design gmbh
St. Jakobstrasse 39
1.3 These General Terms and Conditions (hereinafter referred to as the "GTC") apply to all contracts concluded between you as a customer and us as the operator of the online store www.lostandfound-accessoires.com/.ch (hereinafter referred to as the "Seller" or "LOST & FOUND accessoires"). Within the framework of the ordering process, you acknowledge the GTC in the version applicable at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.
2.1 The offer to conclude a purchase contract is made by the customer by clicking the "Buy now" button after completing the order page. The customer remains bound to the order for one week. The contract is bindingly concluded if we accept the order within this period in accordance with section 2.3.
2.2 After sending the order, the customer will receive an automated e-mail with which we confirm the receipt of the order (order confirmation). The order confirmation merely serves to inform the customer that we have received the order.
2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (shipping confirmation) or, at the latest, by delivering the goods.
2.4 The contract shall only be concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also conclusively determines the scope of services.
2.5. The contract shall be concluded in English. The data stored with us serve as proof of the conclusion of the contract and the transaction.
2.6. The customer has the option of printing out the order and the data entered during the ordering process. Furthermore, it is possible to open a customer account. In the customer account, the order data can be viewed after entering the personal access data. LOST & FOUND accessoires reserves the right to block customer accounts at its own discretion without giving reasons.
3.1 All prices are net in Swiss francs (CHF) including VAT, advance recycling fees and copyright levies, if applicable. The prices, conditions and vintages stated on the website are subject to change, the effective date being the date of the order.
Price differences of products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in stationary trade are possible. There is no entitlement to a subsequent price adjustment or credit.
There are also local, regional and national promotions, discounts and price reductions on products and services in stationary trade that cannot be offered identically online. There is no entitlement to a subsequent price adjustment or credit.
3.2. Shipping costs and delivery times:
All orders within Switzerland are shipped free of shipping costs for the customer. Delivery takes place within 2-5 working days after receipt of order.
For orders within the EU, flat-rate shipping costs of CHF 10.- apply. Deliveries above an order value of CHF 150.- will be shipped free of charge. There are no further charges. Delivery is usually within 4-10 working days after receipt of order.
For worldwide orders, flat-rate shipping costs of CHF 20.- apply. Deliveries with an order value of CHF 150.- or more will be shipped free of charge.
Depending on the country, VAT, import taxes and customs duties may apply to the customer. We have no influence on this. Delivery usually takes place within 14 working days after receipt of order.
For resellers inside and outside Switzerland, shipping costs depend on the order quantity.
4.1 Payment of the purchase price shall be made either by credit card (VISA and Mastercard), debit card PostFinance Card, Twint, Paypal or prepayment, if provided for and available on the website. The data for payment via credit and debit cards are transmitted in encrypted form.
4.2 Orders are payable immediately subject to the following provisions.
4.3 In the case of purchases by resellers on account, purchases made will be invoiced on the day of delivery. Unless our invoices are objected to within 14 days of the invoice date, the balance shown shall be deemed to have been approved. The invoice amount is due within 30 days of the invoice date. In the event of default, we charge default interest of 2% per month on the outstanding amount. In addition, we charge a reminder fee of CHF 20 for each reminder, which is added to the outstanding amount plus default interest.
4.4 You as the customer shall only be entitled to rights of set-off or retention insofar as the claim has been legally established or is undisputed. This shall not affect your counter rights in the event of defects in the delivery.
4.5 We shall retain title to the delivered goods in any case until the respective invoice amount of a delivery has been paid in full (final and unconditional crediting of the total purchase price). The Seller is entitled to make a corresponding entry in the retention of title register.
4.6. Please note that our online shop is primarily geared to the needs of our private customers. For this reason, it is not possible for us to subsequently issue invoices, receipts or VAT statements for your online order.
5. Delivery & Transfer of risk
5.1 The seller delivers worldwide. Delivery shall be made directly to the delivery address and contact person notified by the buyer.
5.2. Delivery shall be made subject to timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters as well as in the event of a suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturing companies or third parties.
5.3 If not all ordered goods are in stock, we are entitled to make partial deliveries. Should it transpire after conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the seller is not responsible, the customer shall be entitled to withdraw from the contract.
5.4 Our performance is a debt to be discharged and is fulfilled when the goods are handed over to the carrier. After dispatch, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We shall not be liable for any fault on the part of the transport company used.
5.5 The delivery times stated in the online store or in our order confirmation in accordance with Clause 2.3 are calculated from the time of our order confirmation. The delivery times are listed under section 3.2.
6.1 You are obliged to inspect the delivered products as soon as this is feasible in the ordinary course of business and to notify our customer service immediately of any defects detected at email@example.com. If you fail to do so, the products shall be deemed approved. Approval shall be deemed to have been given in any case unless the customer has submitted a notice of defect by e-mail to customer service within 8 days of delivery.
6.2. Defects which were not recognisable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after discovery by e-mail to firstname.lastname@example.org, otherwise the ordered products shall also be deemed to have been approved with regard to these defects.
6.3 The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. Any transport costs incurred shall be borne by the customer.
6.4 We provide warranty by rectifying defects. This shall be done at our discretion either by subsequent performance, i.e. elimination of a defect (rectification) or delivery of a defect-free item (replacement). Replaced products become the property of the seller.
6.5 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. A right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO), etc.
6.6. Normal wear and tear as well as the consequences of improper handling or damage by the buyer or third parties as well as defects attributable to external circumstances are not covered by the warranty:
- In particular, worn, soiled or damaged items are excluded from the warranty.
- Incorrect storage is not considered a warranty case.
6.7 The customer does not receive guarantees in the legal sense from the seller. Manufacturer's guarantees shall of course remain unaffected by this. The seller assumes no liability for the descriptions of third parties, in particular customers within the framework of the customer reviews published in the online store or on our social media sites.
7.1 The customer has the right to return the delivered goods within 7 calendar days (from the date of the delivery or receipt confirmation). The return deadline is met if the goods are handed over to the post office or another shipping company for return on the last day.
7.2 The goods must be returned in their original packaging and complete with all accessories. Sealed products and products sealed in plastic can only be returned in unopened condition. Any seal must not be broken.
7.3. The goods must be returned to the following address:
lost&found design gmbh
St. Jakobstrasse 39
Contact us to find out the return address for deliveries outside Switzerland.
7.4 The customer shall bear the costs of the return shipment. Shipping costs and gift wrapping costs will not be refunded. Promotional and discount vouchers will also not be refunded. If the goods are not returned in proper condition, we will charge you for the loss in value incurred.
7.5. If the goods are returned in proper condition, we will refund the total price paid to the customer by credit note after checking the goods. A refund will always be made to the means of payment used for the purchase. In the case of any refunds from purchase on account and prepayment, we will refund the amount to the corresponding account.
8.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the buyer - regardless of the legal ground - are excluded to the extent permitted by law. The seller, its auxiliary persons and any vicarious agents shall not be liable for damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the buyer.
9.1 The customer hereby consents to the storage of the personal data entered by him/her in the course of using the website. This also applies to the storage of the IP addresses that are transmitted each time the website is used. The customer also consents to the use of personal data for the personalisation of advertisements and product offers placed on the website. Personal data will not be passed on to advertisers.
9.2 The Customer further agrees that the Seller may use personal data of the Customers for direct marketing purposes. This includes addressing customers by e-mail and by post.
9.3. By accepting the GTCs, the customer confirms the accuracy of the information provided and authorises lost&found design gmbh to obtain all information from public offices, credit agencies and the Central Office for Credit Information (ZEK) that is necessary for checking the order. Existing customers are also checked at the above-mentioned offices at regular intervals.
10.1 Should individual provisions of these GTC be ineffective or incomplete or should fulfilment become impossible, this shall not affect the effectiveness of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible valid provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued thereby.
10.2 All amendments or additions to these GTC must be in a form which allows proof by text, such as e-mail. This also applies to an amendment of the written form requirement. As soon as the customer makes use of the seller's services after the amendment, he implicitly agrees to the new GTC.
10.3 Any other contractual terms and conditions of the customer, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and to the extent that they have been expressly accepted by the Seller in writing.
Swiss law shall apply exclusively, to the exclusion of the conflict-of-law rules of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the registered office of the seller / Zurich.
lost&found design gmbh
St. Jakobstrasse 39
0041 31 556 85 05