1. Scope of application
The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders placed and contracts concluded via the online shop of www.Brand-Unique.com (hereinafter referred to as “Brand Unique”) (hereinafter referred to as “Order”). Brand Unique reserves the right to amend the GTC. The version of the GTC in force at the time of the order shall apply and cannot be unilaterally changed for this order.
The offer is directed at natural customers with residence or legal customers with registered office in Switzerland and Europe. Deliveries will only be made to addresses in Switzerland and the European Union. The offer is valid while it is visible in the online shop and/or while stocks last. Prices and product ranges are subject to change at any time. The images shown in the online shop and all information on the products are for illustration purposes and are not binding.
3. Products and prices
Prices are in Swiss francs, including value added tax (VAT). The price in the online shop at the time of the order is decisive.
Brand-Unique.com is free to set prices and may change them at any time. When placing an order, the price published on the website is decisive. If prices have been published in error, Brand-Unique.com reserves the right to inform the buyer before dispatch in order to agree on a price correction or to cancel the order.
Shipping and packaging costs are included in all shown prices and will not be shown separately. Any COD charges incurred by the selected logistics partner shall be borne in full by the customer.
4. Information provided
Brand-Unique.com makes every effort to keep the published data in the online shop up to date and correct. However, delivery delays may occur due to production/delivery bottlenecks and sales via other channels. Therefore, all information on availability and delivery time is without guarantee and may change at any time.
Brand-Unique.com does not guarantee the accuracy or timeliness of information provided by other manufacturers, even if it has been carefully researched.
The presentation of the products in the online shop is not a legally binding application, but a non-binding online catalogue or a non-binding invitation to the clientele to order the product in the online shop. An order is deemed to be an offer to Brand-Unique.com to conclude a contract. A minimum order value applies per order. The minimum order values communicated in the online shop and the delivery cost guidelines apply.
After submitting the order, the customer will automatically receive a confirmation of receipt documenting that the order has been received by Brand-Unique.com. Brand-Unique.com is free to reject orders in whole or in part without giving reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded, in particular there will be no forwarding of undeliverable products. Temporarily unavailable products cannot be reserved.
6. Concluison of contract
A contract is only concluded when the order is processed at the Brand-Unique.com processing centre. As soon as the order is ready for dispatch, the customer will receive an order confirmation by e-mail.
6. Delivery conditions and collection
6.1 Availability and delivery
The customer’s delivery address must be in Switzerland or the European Union. No deliveries will be made on weekends and official national or cantonal holidays. If the client is not present at the time of delivery and has not given any special delivery instructions, the delivery driver will leave a collection invitation in the letterbox. The clientele must then collect the delivery from the relevant post office.
Any order not collected within the specified time limits will not be held or refunded. The customer is solely responsible for orders collected late and any rights to claim for defects are excluded. Customers are requested to confirm their collection additionally by their signature. Any liability for damages incurred by the customer due to loss, theft, misuse, etc. in connection with the collection process or the collection slip is expressly excluded. The customer assumes responsibility for the delivered products, even if they were not received directly by him/her.
Products marked as “available” are normally delivered within 11 – 25 working days from receipt of order (possible delivery delays due to COVID-19). If a product is out of stock or incorrectly marked as “available”, the customer will be notified by email or telephone and a new provisional delivery date will be agreed. Brand-Unique.com will endeavour to make a prompt subsequent delivery and will dispatch any backordered goods without additional shipping costs.
If Brand-Unique.com is not able to provide or ship the items within 60 calendar days from receipt of the order, the customer has the right to withdraw from the contract. Payments already made by the buyer to Brand-Unique.com for the product in question will be refunded in full. There are no further claims against Brand-Unique.com.
If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs will be borne in full by the buyer.
6.2 Additional provisions Delivery
Brand-Unique.com may provide warranty either by partial or complete replacement with an equivalent product.
If the customer does not accept the goods delivered by the supplier within the agreed or stated delivery periods, Brand-Unique.com may withdraw from the contract, cancel the order and charge the customer a handling fee of 25%.
7. Obligation to check
If products are delivered with obvious damage to the packaging or the contents, the customer must complain about this immediately to the delivery carrier and refuse acceptance, without prejudice to his rights in respect of defects. The customer is obliged to obtain a damage confirmation report from the delivery carrier. All transport damage must also be reported immediately to IG Glatt. Furthermore, it is the customer’s responsibility to inspect the ordered products immediately upon receipt. For any defects or deviations from the order, Brand-Unique.com’s customer service must be notified by e-mail firstname.lastname@example.org on the day of delivery. Brand-Unique.com reserves the right to request proof of the defect.
8. Guarantee conditions and benefits
Brand-Unique.com sells articles from other manufacturers. Brand-Unique.com has no influence on the durability and functionality of the products or the warranty of other manufacturers. Therefore, the manufacturer’s warranty information applies, provided that it is valid in Switzerland.
In all other respects, the Swiss statutory warranty provisions pursuant to Art. 197 ff. OR.
A warranty claim can only be asserted by the customer upon presentation of the purchase contract including the valid order form.
There is no warranty claim for damage caused by improper handling or for defects that are due to external influences. This could be, for example, damage due to the elements, moisture damage, damage due to falling or impact damage or damage due to modifications.
Brand-Unique.com may provide warranty service by replacing the product as new.
9. Liability and disclaimer
The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. An assumption of the transport costs by Brand-Unique.com agreed in an individual case has no influence on the transfer of risk.
Brand-Unique.com is only liable for the warranty services listed in section 8. Any further liability is excluded, in particular liability for damage that has not occurred to the products themselves. This may include indirect and consequential damages such as loss of profit, unrealised savings, or damages resulting from delayed delivery. Furthermore, Brand-Unique.com is not liable for damages caused by improper storage.
The invoice for the goods is to be paid in the currency specified therein and immediately upon submission of the order. The following means of payment are accepted in the online shop: TWINT, Mastercard, Visa, American Express, SEPA Direct Debit, SOFORT, Giropay.
11. Limitation of liability
Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents or persons employed in the performance of our obligations, except in the case of wilful intent or gross negligence. No liability is accepted for consequential damage arising from the use of the products.
12. Applicable law and place of jurisdiction
Tetovo is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to North-Macedonian law.