1. scope of application
The company MANILO operates an online store under the domain manilohemden.ch.
For the use of this online store as well as the business relationship between MANILO and its customers, these General Terms and Conditions (GTC) apply in the version currently available and valid when ordering goods. The offer in this online store is exclusively directed to customers with residence in Switzerland or Liechtenstein.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions must be expressly confirmed in writing by MANILO in order to be valid. When ordering goods, the customer confirms that he/she has understood and fully accepted these GTC (including the terms of delivery and payment).
Should individual provisions of these GTC prove to be invalid or unenforceable, or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
2. information in the online shop
The online store contains information about products and services. We reserve the right to make price and product range changes as well as technical changes. All information in the online store (product descriptions, illustrations, dimensions, technical specifications and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. MANILO makes every effort to ensure that all details and information in the online store are correct, complete, up to date and clear, but MANILO cannot guarantee this either explicitly or implicitly.
All offers in the online store are subject to change and are not to be understood as a binding offer.
MANILO cannot guarantee that the listed products will be available at the time of the order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
Unless otherwise stated, MANILO's prices include the statutory value-added tax, any advance recycling fees (VRG) and copyright levies. Prices are quoted net in Swiss Francs (CHF).
Shipping costs, if any, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and other possible errors are reserved, in particular MANILO can make price changes at any time and without notice. Consulting and support services are not included in the sales prices.
4 Conclusion of contract
The offers in the online store represent a non-binding invitation to the customer to order products and/or services from MANILO. By placing an order via the online store, including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal (see point 7 "Right of withdrawal).
orders will be delivered only after full payment and if the goods are available. If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, MANILO is entitled to withdraw from the entire contract or from a part of the contract. If the customer's payment has already been received by MANILO, the payment will be refunded to the customer. If payment has not yet been made, the customer will be released from the obligation to pay. MANILO is not obligated to make a replacement delivery in the event of a contract cancellation.
5 Payment options and retention of title
The customer may use the payment options indicated in the order process. MANILO reserves the right to exclude customers from individual payment options or to insist on advance payment without giving reasons.
In the event of late payment by the customer, MANILO may charge interest on arrears of 5% per year and a reminder fee of a maximum of CHF 20 per reminder. The products delivered to the customer remain the property of MANILO until full payment has been received.
As an external payment service provider, POWERPAY offers the payment method "purchase on account". With the individual invoice, the customer can simply settle the online purchase by invoice (the customer receives the invoice free of charge by e-mail). When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. If the customer opts for the payment method "purchase on account", he or she accepts POWERPAY's GTC in addition to MANILO's GTC.
6 Delivery, duty to inspect, notification of defects
Deliveries are sent by Swiss Post to the delivery address specified by the customer in the order. Invoices will be sent by e-mail or by post. With the dispatch, benefit and risk are transferred to the customer, as far as this is legally permissible.
If the delivery cannot be delivered, or if the customer refuses to accept the delivery, MANILO can cancel the contract after notifying the customer by e-mail and setting a reasonable deadline, as well as charging the customer for the costs of the inconvenience.
The customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to immediately report any defects for which MANILO provides a warranty in writing by e-mail to firstname.lastname@example.org.
If MANILO's inspection of the returned goods reveals that the goods do not have any identifiable defects or that they are not covered by the manufacturer's warranty, MANILO may charge the customer for the costs of handling, returning or disposing of the goods.
7. right of withdrawal
Since the majority of the goods sold by MANILO are individually manufactured for the customer (e.g. personalized embroidery) and the production of these individually manufactured goods starts immediately after the order is placed, no right of withdrawal applies to these goods.
In case of purchase of goods "ex stock" (without individual production and without personalized embroidery), the customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. This period is considered to be met if the customer returns the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery bill to the business address (MANILO GmbH, Libellenrain 17, 6004 Lucerne) of MANILO. Returns to MANILO are at the expense and risk of the customer.
MANILO reserves the right to demand the full purchase price as compensation for wear and tear caused by wearing the goods or damage due to improper handling and to invoice the customer for this, as in these cases the goods are considered "unsaleable" and must be disposed of.
Again, the reference to those cases in which no right of withdrawal is granted: If the contract has as its object a movable item that is made according to the consumer's specifications or is clearly tailored to personal needs (e.g. personal embroidery, individual printing, etc.). And if the subject of the contract is a movable item that is not suitable for return for reasons of health protection or hygiene (e.g. if the product has already been worn).
MANILO endeavors to deliver the goods in perfect quality. Embroidery and printing can vary depending on the material. In the case of defects reported in time, MANILO guarantees that the item purchased by the customer is free of defects and functional during the legal warranty period, which is generally one year from the date of delivery. It is at MANILO's discretion to provide the warranty by repairing the product free of charge, by replacing it with an equivalent product, or by refunding the purchase price. Further claims are excluded.
Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty. A claim to warranty expires after one month for articles of daily use. Likewise, the warranty for consumable and wear parts is excluded.
MANILO is not possible to provide assurances or guarantees for the timeliness, completeness and accuracy of the data and for the continuous or uninterrupted availability of the online store, its functionalities, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that the use of the online store does not violate the rights of third parties not owned by MANILO.
MANILO excludes any liability, regardless of its legal basis, as well as claims for damages against MANILO and any auxiliary persons and vicarious agents. In particular, MANILO is not liable for indirect damages and consequential damages, loss of profit, or other personal injury, property damage, or pure financial loss of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
MANILO only uses hyperlinks to simplify the customer's access to other websites. MANILO can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
10 Data Protection
MANILO may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners or other third parties.
11 Further Provisions
MANILO expressly reserves the right to change these GTC at any time and to put them into effect without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules.
12. place of jurisdiction
The place of jurisdiction is 6000 Lucerne, unless the law provides for a mandatory place of jurisdiction.
Version 1.2 (valid from 1.8.2022)