1. General
These terms and conditions apply to all of our contracts and services. Samyra Fashion GmbH (subsequent: Samyra Fashion) reserves the right to amend these terms and conditions at any time. By placing an order for products from our range, you accept these terms and conditions. Any deviation on the part of the customer will only be accepted if we have agreed to them in writing.
2. Offer and Prices
Contracts can be entered into in either English, French or German. All offers on this website are non-binding. The representation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. The images in our shop may deviate slightly from the actual products, in particular the colour, depending on your monitor settings.
By clicking the “order now” button, you are placing a binding order for the goods contained in your shopping basket. Once your order has been placed, you will immediately receive confirmation and acceptance of your order by automated e-mail. This e-mail forms the sales contract. Any product which Samyra Fashion does not have in stock must first be ordered from the manufacturer or supplier. Any possible sales contract is only formed on the condition of delivery by our suppliers. If a product is no longer produced or cannot be delivered by our suppliers, within five days of being notified, the customer can inform us which alternative model they would like, or alternatively withdraw from the contract. In the former case, the delivery time begins anew for the requested items. If the item has already been paid for, and if the customer withdraws from the contract, they will be reimbursed with the full amount within ten days at the latest. If the customer requests an alternative item which costs less than the original item ordered, they will be reimbursed with the difference in price within ten days at the latest. If the alternative item costs more than the original item ordered, the difference will be added to the invoice and payable within five days.
When ordering clothing, it is the sole responsibility of the customer to ensure they order the correct model as required (colour, size etc.). Dresses usually have a size chart indicating the individual sizes, allowing the customer to determine the correct size themselves. In the case of made-to-measure orders, the product will include a list of the sizing information we require from the customer for the order. The customer is responsible for establishing their size according to the guidelines which can be found on our website and with each item. We cannot rule out the possiblity of additional final adjustment costs on custom-made orders.
The valid price is the price listed at the time the order is placed. Price fluctuations during order fulfilment or due to a change in the exchange rate cannot be considered. All prices include 8% value added tax. There are no additional costs such as customs duty or import fees.
In general, the customer is obliged to pay the purchase price in advance (bank transfer, credit card via Paypal, Postcard or Postfinance). Payment of the purchase price is due immediately and must be made within five working days of completion of the order. If the customer selects the Paypal, Postcard or Postfinance payment method, the customer bears any fees incurred from Paypal (3.5% of the value of goods, plus 0.55 CHF) or Swiss Post (flat rate of 6 CHF if paying by Postcard or Postfinance). These fees are indicated both during the ordering process and in the final invoice. Payment by credit card via Paypal requires a Paypal account, which can be set up free of charge if a customer does not already have one. For the setting up of a Paypal account and payment via Paypal, Paypal’s privacy policy and terms and conditions apply. Public institutions or firms can pay on account, providing an order is received on official headed paper from an authorised person. Such invoices are payable within 30 days of the invoice date. The items remain the property of Samyra Fashion until full payment has been received. If, despite a duty of payment, payment is not made by the due date, the customer will be firstly contacted by post with a request to pay the outstanding balance (first reminder). If a customer must be reminded by post, it will result in a reminder charge of 10 CHF (second reminder). Only one reminder by post will be made, following which the legal route will be taken. The customer pays all delivery and dispatch costs. Delivery costs within Switzerland and to Liechtenstein are a flat rate of 15 CHF. You can also collect your order in person from our showroom in Zurich, thereby avoiding any delivery costs. Once your items have arrived, we will notify you by e-mail and arrange an appointment. You can find further information on delivery and dispatch here. Any possible damage in transit must be reported immediately to the transport firm and a damage form completed. We accept no responsibility for any damage in transit which cannot be supported by a damage log. Wherever possible, Samyra Fashion will send the complete order. The buyer agrees to be prepared to accept part delivery. Delivery times depend on the
product and are particular to each individual item. If payment is by the due date, delivery usually takes 3-4 weeks for evening dresses, and 8-12 weeks for wedding dresses. You can find further information on delivery and dispatch here. Samyra Fashion accepts no liability for keeping to specified delivery dates (“Delivery no later than...“), even if the deadline is confirmed in writing and payment of the purchase price has been received by Samyra Fashion on time and in full. In the event that a binding shipping and delivery date is exceeded, despite payment on time and in full, the customer may specify an extension of time or withdraw from the contract with immediate effect. In the latter case, the customer will be refunded the full amount within a maximum of 10 days. Compensation due to delay is wholly excluded, providing it was not brought about deliberately or through gross negligence by Samyra Fashion or its auxiliary persons. On receipt of the order, the customer must immediately check that it is complete, and notify Samyra Fashion in writing within three days at the latest if the delivery is incomplete. See section 4 for damage in transit. If the customer refuses to accept a delivery, Samyra Fashion reserves the right to charge them for delivery costs in both directions, as well as a handling fee of 20 CHF including VAT. The contract is thereby automatically cancelled. Samyra Fashion only offers a guarantee for the suitability of an item for its intended purpose. The guarantee period begins on the date of purchase or the day the item is handed over. The buyer is obliged to notify Samyra Fashion of any faults within three days after receiving the item, and follow their instructions. Any guarantee expires after the three day period. If the customer undertakes either their own repairs, or repairs through a third party, or ignores Samyra Fashion’s instructions, entitlement to a guarantee is forfeited. Samyra Fashion reserves the right to make at its own discretion amendments or provide replacements, if time allows. If neither an amendment nor a replacement is possible within the specified time frame, the customer is free to withdraw from the contract. If the customer withdraws from the contract, the customer will be refunded the full amount within a maximum of 10 days. Any claim for compensation is excluded, providing it was not brought about deliberately or through gross negligence by Samyra Fashion or its auxiliary persons.3. Terms of Payment
4. Delivery / Part Delivery
5. Delivery Areas and Times, Delays, Undeliverable Items
6. Non-acceptance of delivery / unable to deliver
7. Guarantee / Warranty on Defective Purchased Goods
8. Returns and Exchange
As a rule, Samyra Fashion grants no right of return if items do not fit the customer, as the product descriptions and measurements fundamentally correspond to the size charts or, in the case of made-to-measure orders, to the measurements provided by the customer (see section 2). The exchange and return of goods delivered according to the contract is only possible in exceptional cases and with our agreement in writing. There is no right of return for customised items, including items of clothing with the length option “I am larger than 173cm.” Returns must be made immediately following receipt of the goods, in their original packaging and in perfect condition. In such cases, the customer’s account shall usually be credited electronically with the purchase price of the item. There will be no compensation for any delivery costs or fees arising from payment via Paypal or Postcard/Postfinance. There can be no general claim for return or refund of the purchase price in the form of cash or gift certificate, and it is entirely excluded from orders of customised items. The customer acknowledges that Samyra Fashion may charge a fee of a maximum 15 CHF incl. VAT per returned or exchanged item, to cover expenses. Samyra Fashion will bear any costs of returning an item to the customer in the case of an authorised exchange.
9. Returns
The customer must bear the cost of items returned to Samyra Fashion. If a return is received with either no or insufficient postage, the outstanding postage is charged to the customer, plus expenses, to a maximum 15 CHF incl. VAT, per returned item. The product must reach Samyra Fashion either in its original packaging or well-packaged, and in perfect condition. Returns which arrive unsolicited or without written approval will be kept for 60 days and can be collected in person at the Samyra Fashion showroom, by arrangement. Within the same time period, the customer can request Samyra Fashion to resend the items to them. If delivery must be rearranged, it will be sent cash on delivery, which incurs a fee in addition to expenses to a maximum of 15 CHF including VAT, per item. The customer acknowledges that Samyra Fashion is not legally obliged to retain articles any longer than this period and that after the 60 day period any claim for reimbursement of the purchase price in any form is forfeited.
10. Copyright
All text, images and graphics are protected by copyright laws and other laws for the protection of intellectual property. They may not be copied or altered for either private use, commercial purposes or use on websites, or for any other purpose. Certain items also include images which are protected by the copyright of their respective providers. All images, as well as photographs, text and graphics in the entire shop are the copyright of Samyra Fashion. Any publication or use of the data, not including journalistic coverage, is only permitted with explicit written permission from Samyra Fashion and acknowledgement of sources.
11. Liability
Despite the careful monitoring of content, Samyra Fashion accepts no liability for the content of external links. The content of external websites is the sole responsibility of the respective operator.
12. Jurisdiction / Governing Law
All legal relations and contracts between Samyra Fashion and the customer are governed exclusively by Swiss law. The Vienna Convention on International Sale of Goods does not apply. Jurisdiction is Zurich.
13. Final Provisions
Should one or several of the sections in these terms and conditions be entirely, or partly, invalid, or later lose its validity, the validity of the other sections remains unaffected.
Zurich, 30. October 2008 / Zurich, 1. January 2011
