GENERAL TERMS AND CONDITIONS

1. Validity of the general terms and conditions (scope of application)

1.1
Sofia designers Sàrl is the owner of the PRATIKA INTRANO brand and operates an online shop on the brand’s website, www.pratika.ch. The general terms and conditions of sale, hereinafter referred to as the GTC, of PRATIKA INTRANO apply to all services and products of the PRATIKA INTRANO online shop.

1.2
All deliveries and services of this online shop are exclusively subject to the conditions of these general terms and conditions in the version valid at the time of conclusion of the contract. Contrary or deviating conditions of the Customer will not be accepted unless PRATIKA INTRANO has expressly accepted their validity in writing in advance.

1.3
For PRATIKA INTRANO, a Customer is any natural or legal person who has a business relationship with PRATIKA INTRANO.

2. Contractual partner

2.1
The owner and contractual partner of the online shop is;

Sofia designers Sàrl
Chemin du Pré Bayard 7
CH – 2520 La Neuveville

At this address, the Customer can make enquiries or complaints and assert his warranty rights. The Customer may also contact customer service at any time at .

3. Registration, order, conclusion of contract and cancellation

3.1 Registration
Access to the online shop is free of charge and possible without registration and is reserved exclusively for persons with legal capacity.

The data required for the order must be provided truthfully by the Customer.

3.2 Order and conclusion of contract
Orders are placed exclusively online via the online shop. The data required for the order must be provided truthfully by the Customer.

The contract is concluded upon acceptance of the order by PRATIKA INTRANO, either by executing the order or by confirming the receipt of the order to the Customer. The receipt of an order confirmation does not constitute a promise that the product can actually be delivered. It only indicates to the Customer that the order has been received by the online shop and that a contract has been concluded under the resolutory condition of impossibility of delivery or wrong price.

PRATIKA INTRANO attaches great importance to the indication of the current availability in the online shop. However, it is possible that a product is no longer available at the time of ordering. All information regarding availability is therefore without guarantee and can be changed at any time.

If a (partial) impossibility of delivery (resolutory condition) occurs after an order has been placed or a contract has been concluded, the Customer will be informed immediately by e-mail. If the Customer has already paid, this amount will be refunded. If payment has not yet been made, the Customer is released from the obligation to pay. Further claims due to late or defective delivery are excluded.

3.3 Cancellation and return
Subsequent changes or cancellations of orders by the Customer may be accepted by PRATIKA INTRANO at its sole discretion and compensation will be requested for costs and any loss in value of the cancelled products.

PRATIKA INTRANO grants the Customer the right to return the products delivered intact, in perfect condition and in the original packaging within 5 working days (from the date of delivery or confirmation of receipt). Sealed and plastic products can only be returned in unopened condition. Products are returned at the Customer’s expense and risk.

4. Prices and shipping costs

4.1
The Customer accepts the price of the product as soon as he has confirmed the order. PRATIKA INTRANO reserves the right to modify the prices at any time. The price in the online shop at the time of the order is decisive. The right is reserved for incorrect prices and/or product specifications due to typing, transmission or other errors, as well as for price and/or model changes by the manufacturer.

4.2 Swiss prices
All prices are quoted in CHF (Swiss francs). No VAT is charged.

4.3 Shipping costs Switzerland
Shipping costs are not included in the price of the item and depend on the delivery method, order value, quantity, weight and size of the product and are displayed to the customer at the end of the ordering process.

4.4 Prices abroad
For customers ordering from abroad, no VAT will be charged.

4.5 Shipping costs abroad
Import and customs duties in the country are the responsibility of the Client and PRATIKA INTRANO cannot be held responsible for the costs incurred.

5. Methods of payment

5.1
The customer undertakes to pay with the supported debit and credit cards indicated in the shopping basket. After purchase, the customer will receive a confirmation of receipt of payment (receipt) by email and the order will be compiled by PRATIKA INTRANO and prepared for shipment.

5.2
At the request of the Customer, an invoice can also be sent by mail.

5.3
The products delivered to the Client remain the property of PRATIKA INTRANO until full payment of the purchase price. PRATIKA INTRANO is entitled to make a corresponding entry in the register of retention of title.

6. Delivery and delivery costs

6.1
Some parts are made on receipt of the order. In this case, delivery of the product may take up to five weeks. The Customer will be notified by email.

The delivery of the products ordered will be made by a delivery service mandated by PRATIKA INTRANO, generally within 5 to 7 working days to the delivery address indicated by the customer. PRATIKA INTRANO will do its best to keep delivery times as short as possible. The Customer has no right to terminate the contract or to claim damages in case of failure to comply with a specified delivery time.

6.2
If a successful delivery cannot be guaranteed due to reasons beyond PRATIKA INTRANO’s control, such as wrong delivery address, absence of the recipient, etc., PRATIKA INTRANO will not be liable for any damages. Any claim of the Customer for damages or actual compensation is totally excluded in such a case.

6.3
If PRATIKA INTRANO is in default of delivery, the customer has the right to withdraw from the contract as of the 30th day after the agreed delivery date indicated or calculated according to the delivery costs in the section “Delivery and Delivery Costs”.

7. Duty to examine and report defects (liability for defects)

7.1
Upon delivery to the Customer, the shipment must be checked to ensure that it is correct and complete. Defects must be reported immediately, but no later than 5 days after receipt of the products, to customer service at . If the Customer does not check the accuracy and completeness of the goods, the goods shall be deemed to be accepted.

7.2 Warranty
In the event of defects in the goods delivered, the Customer may, at his discretion, either request the termination of the contract or, if the goods are still available for delivery, request their replacement by goods free of defects. An additional guarantee is not granted.

Furthermore, PRATIKA INTRANO is not liable for damages that are attributable to one of the following causes: incorrect, non-contractual or illegal storage, interruption or use of the products; force majeure, in particular damages caused by natural forces, humidity, falling and shocks, etc., for which PRATIKA INTRANO is not responsible.

The customer will not receive any guarantees in the legal sense from PRATIKA INTRANO. Manufacturers’ warranties are not affected by this provision.

8. Product declaration

The images of the products in the online shop are provided for illustrative purposes and are not binding. The information on the products in the online shop is presented in the most user-friendly manner possible, but is not binding.

9. Data protection

9.1
In the privacy policy, the collection and processing of customers’ personal data by PRATIKA INTRANO is explained. This is an integral part of the contract of these GTC.

10. Property right (copyright)

All contents of the PRATIKA INTRANO website (www.pratika.ch), in particular images, graphics, texts, etc. are protected by copyright. Copyright protection is guaranteed by the Federal Law on Copyright and Neighbouring Rights (SR 231.1) and the Federal Law against Unfair Competition (SR 241). Any use in any form whatsoever is prohibited, in particular the publication or reproduction of the content of this website as well as any imitation thereof.

11. Applicable law, place of jurisdiction

11.1
Contracts concluded within the framework of these general terms and conditions are subject to Swiss law, to the exclusion of any reference to foreign law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. This choice of law only applies insofar as it is not contrary to the mandatory provisions of the law of the country in which the customer has his habitual residence.

11.2
The sole place of jurisdiction for all disputes arising out of or in connection with these general terms and conditions is the registered office of PRATIKA INTRANO.

12. Final provisions

12.1
Should any provision of these GTC become illegal, invalid or ineffective, the validity of the remaining contractual provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision and the intention of the provision.

Mandatory consumer protection provisions are not affected by this provision.

 

November 2020