General Terms and Conditions of Business
When you place an order in the webshop on this website a purchase agreement arises between you (‘customer/you’) and namuk GmbH (‘we/us’). The transaction is handled and delivery takes place solely in accordance with these General Terms and Conditions of Business (‘GTCB’). The webshop is run by namuk GmbH, a company registered under Swiss law, also known under the commercial name ‘namuk’ and whose legal domicile is as follows: namuk GmbH, Schönaustrasse 13, 8620 Wetzikon 7, commercial register number: CH-020.4.022.216-5, VAT ID no. Switzerland: CHE-100.955.425 / UID (uniform company ID no.) Germany: DE813737978.
2. Requirements for concluding an agreement with namuk GmbH
Only persons over the age of 18 and who are consumers within the meaning of § 13 BGB (Civil Code) may place orders online. You warrant that all the information you provide during registration and/or during the order process is accurate and complete.
3. Formation of contract
3.1 Conclusion of agreement online
The presentation of the goods in the webshop does not constitute a binding offer, but merely an invitation for the customer to make an offer. Initially you can place our products in your shopping cart without any obligation and correct the information inputted by you at any time before submitting your binding order by using the correction tools made available for this purpose during the order process.
When you send an order by clicking on the button ‘Buy now’ you place a binding offer with the intention of concluding a purchase agreement in respect of the goods in your shopping cart. When you place your order you must also accept the GTCB in the version in force when the order is placed.
namuk GmbH confirms receipt of the order from the customer by sending an email. This confirmation of receipt does not yet mean that the offer to enter into a contract has been accepted. It merely serves to inform the customer that the order has been received by namuk GmbH.
A contract is only formed when namuk GmbH issues a declaration of acceptance, which is sent in a separate email (order confirmation or dispatch confirmation), or when the order is dispatched at the very latest.
namuk GmbH reserves the right to decline an order without giving any reasons. Any payments made before the goods are dispatched and/or the order or dispatch is confirmed take place on a conditional basis. If the purchase agreement is not formed any payments already made will be refunded, albeit without interest.
3.2 Conclusion of agreement by email or letter
We can also accept orders by email or letter. After the order has been sent by email or letter, the customer may receive an automated email, which does not yet constitute acceptance of the agreement but merely serves to record the fact that the order has been received. Acceptance of the order and the associated conclusion of the agreement only take place by means of a declaration of acceptance issued by namuk GmbH, which is sent in a separate email (confirmation of order or confirmation of dispatch), at the very latest when the order is dispatched. Additionally, with regard to the conclusion of the agreement, reference may be made to the provisions of section 3.1 above.
3.3 Conclusion of agreement by phone
The customer may also make an offer to conclude a purchase agreement by telephone. namuk GmbH will explicitly draw the customer’s attention to the application of the GTCB (incl. explicit details about where the GTCB can be found). After the order has been placed the customer receives an automated email, which does not constitute acceptance of the agreement. Acceptance of the order and the associated conclusion of the agreement only take place by means of a declaration of acceptance by namuk GmbH, which is sent in a separate email (confirmation of order or confirmation of dispatch), at the very latest when the order is dispatched. Additionally, with regard to the conclusion of the agreement, reference may be made to the provisions of section 3.1 above.
4. Availability of products
The products on offer in the webshop will only remain available as long as they are advertised on the website and are in stock. If the products ordered are not available when the order is placed, namuk GmbH reserves the right to decline the order, which means that no agreement will be formed. If the customer has already made payments, the customer will be promptly reimbursed. If only part of the order is not immediately available because namuk GmbH, through no fault of its own, has not yet received an identical order from its suppliers, namuk GmbH will deliver the remaining products without any additional shipping charges at a later date, provided this is acceptable from the customer’s point of view.
5. Language of contract and contract storage
The language available for the conclusion of the agreement is German. The contract is not stored by us.
6. Reservation of title; setoff; right of retention
In the case of consumers we retain ownership rights over the purchase items until the invoice amount has been paid in full. For customers with a place of residence in Switzerland we are entitled to make an entry in the reservation of title register. If you are an entrepreneur operating on a commercial or freelance professional basis, a legal entity under public law or a special fund under public law, we will retain title of the purchase items until all the outstanding claims under the business relationship with the ordering party have been satisfied. The corresponding security rights may be assigned to a third party.
You are only entitled to exercise a right of setoff if your counterclaims have been legally established or have not been disputed by us or have been recognised by us. Moreover, you may only exercise a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
If you have fallen behind on any of your payment obligations vis-à-vis us or our external partner Creditreform https://www.creditreform.ch/index.html any outstanding claims will become immediately due.
Your order will be forwarded by us for processing as quickly as possible to the logistics department. Therefore, you can only cancel the order if you notify us promptly after the order has been placed and before receipt of the confirmation email. Naturally you also have the option of refusing to accept the package or sending back the goods as returns.
All prices are indicated in the currency of the country of origin and constitute final prices, i.e. they include the statutory value-added tax applicable in any given case. In the case of deliveries to business customers value-added tax only applies to customers in Germany. If goods are supplied to customers in any other EU states the customer must provide a valid VAT ID no. for the country in question so as to enable the delivery to take place VAT-free. Shipping costs and, if applicable, customs duties also apply to the final prices.
Changes to prices and products may be undertaken at any time until the confirmation email is sent. namuk GmbH reserves the right to modify or withdraw special offers and other discounts at any time.
9. Shipping costs and delivery
The items will be delivered to the delivery address provided by the customer. The applicable shipping costs and delivery times can be found on the website in the section Shipping & returns. All items are sent by Swiss Post, UPS or DHL. Please bear in mind that any information about delivery times is provided without any obligation on the part of the namuk e-ship unless a fixed delivery time has been promised. Any defects must be reported as soon as the goods have been received (see section 14 below).
10. Means of payment
We essentially offer the following payment methods: credit card, PayPal and purchase on account (only Switzerland). However, for each order we expressly reserve the right to refuse certain payment methods and to refer to other forms of payment. In no case will we bear the costs of a money transaction. Payment by credit card is handled automatically by the company Six Multipay Schweiz.
10.1 Credit card
We accept Visa and Mastercard. Your credit card is only charged when you place your order.
If you wish to pay through the online service provider PayPal you must register with the latter and authenticate the payment order using your login details. You can find more information at https://www.paypal.com.
10.3 Purchase on account
If you purchase on account the invoice amount becomes due for payment to namuk GmbH without deductions on the calendar day (30 calendar days after the invoice date) indicated in the invoice. Once this period has expired you will be automatically deemed to be in default (see section 10.4 below for information on the consequences of late payment). The payment method ‘purchase on account’ is only available in Switzerland and is subject inter alia to the successful outcome of a credit check carried out beforehand by Creditreform. If the customer is allowed to pay on account for certain orders after successfully completing the credit check, the payment will then be handled.
10.4 Late payment
In the case of late payment and provided the statutory requirements have been satisfied, namuk GmbH is entitled to charge default interest of 5% on the invoice amount. namuk GmbH reserves the right to send the customer a warning letter in advance.
namuk GmbH reserves the right to assign or pledge claims for outstanding purchase price payments related to deliveries of products including any outstanding instalments, default interest and reminder fees to third parties.
11. Electronic notification
You must expressly provide your consent for any contractual communications including invoicing to take place in electronic format.
12. Promotional vouchers
Promotional vouchers are vouchers that we give out as part of promotional campaigns with a specific expiry date and which cannot be purchased. They may only be used in the webshop, are only valid during the period indicated and may only be redeemed once during any given order transaction. They may also be restricted for use with certain products and/or product categories. Promotional vouchers are non-cumulative.
Promotional vouchers may only be redeemed during the order process. They cannot be used for a transaction that has already been completed. The value of a promotional voucher cannot be paid out in cash nor does the voucher earn any interest.
The value of a promotional voucher that has already been used will not be refunded if the goods purchased are wholly or partially returned.
13. Right of withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reasons. The withdrawal period is fourteen (14) days starting on the day on which you or a third party named by you, and who is not the carrier, has or have taken possession of the last goods ordered. To exercise your right of withdrawal you must inform us about your decision to withdraw from this agreement by means of an unequivocal declaration (e.g. in a letter sent by mail, fax or email; returning the goods without a prior declaration is insufficient). You can use the sample withdrawal form provided (see further below) but this is not obligatory. The withdrawal will be deemed to have been observed if you send the communication informing us about your intention to exercise the right of withdrawal before expiry of the withdrawal period to the following address:
(for customers with a place of residence in Switzerland and Liechtenstein)
c/o namuk Retouren/Umtausch
Textil Logistik Zentrum
Güttinger Str. 35
(for customers with a place of residence outside Switzerland)
The return costs are borne by the customer. You bear the risk of returning any goods. Please make sure that the right amount of postage has been paid and that the items have been properly packed. Once the items have been successfully returned the services rendered and/or consideration paid by each party must be returned and any benefit obtained (e.g. benefits of use) surrendered. If the condition of the goods has deteriorated compensation for loss of value may be requested. This is not applicable if the deterioration in the goods’ condition is the result of trying them out – which may be the case if you visited the physical store. You can also avoid claims for compensation for loss of value if you did not use the goods in the capacity of their owner and refrained from doing anything that could have impaired their value. The returned goods must be in their original packaging and with their hang tags attached. If you make use of your right to return the goods the purchase agreement will lapse once the goods have arrived at the namuk webshop.
Consequences of withdrawal
If you withdraw from this agreement we are obliged to return any payments made by you, and received by us, including the delivery costs (except for additional costs relating to the choice of an alternative delivery method other than the standard, competitively priced delivery method offered by us) promptly and within 14 days of the day on which we receive the communication informing us about your intention to withdraw from this agreement. We will use the same payment method for this refund as the one originally used by you for the transaction unless we expressly agree otherwise with you. In no case will you be charged any amounts for this refund. We are entitled to refuse to refund the order until we have received the goods or until you furnish proof that you have sent back the goods, whichever is earlier. You must send back or surrender the goods promptly, in any case within fourteen (14) days of the day on which you inform us about your intention to withdraw from this agreement. This period is deemed to have been observed if you send back the goods before the end of this fourteen (14)-day period. You bear the costs of returning the goods.
Sample of withdrawal form
(If you wish to withdraw from the agreement, please complete this form and return it to us.)
– I/We (*) hereby withdraw from the agreement concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
– ordered on (*)/received on (*)
– name of customer(s)
– address of customer(s)
– signature of customer(s) (only for written communications)
(*) strike if not applicable.
14. Statutory warranty and guarantee
14.1 For customers with a place of residence in Switzerland and Liechtenstein
You are obliged to examine the products delivered as soon as this is feasible in the course of normal business operations and to notify us promptly about any defects (contact address/email). If you fail to do this, the products will be deemed to have been accepted. In any case, their conformity is deemed to have been acknowledged if you do not report any defects within eight days of delivery. Defects that were not detectable during a proper examination must be reported promptly as soon as they are discovered, otherwise the products ordered will also be deemed to have been accepted in respect of such defects. The defective product must be sent back accompanied by a copy of the invoice and a detailed description of the defect. The return address will be indicated together with any delivery. The transport costs are borne by us.
Our warranty consists of the rectification of any defects. This takes place at our discretion either by rendering supplementary performance, i.e. rectification of a defect (repair) or by delivery of a defect-free item (replacement delivery). Any products sent back by customers become our property.
If the supplementary performance is unsuccessful, you are entitled to withdraw from the agreement. This is not applicable in the case of insignificant defects. There is no right to claim a reduction in the price. This exclusion of liability covers all claims deriving from the exercise of warranty rights, irrespective of whether they are asserted under the contract (art. 97 et seq. Swiss Code of Obligations), based on tort (art. 41 et seq. Swiss Code of Obligations) or in those instances in which the contract is contested because of an error in consent (art. 23 et seq. Swiss Code of Obligations).
We do not furnish any guarantees in the legal sense of the term.
14.2 For customers with a place of residence outside Switzerland and Liechtenstein
For all other customers the statutory laws governing liability in the country where the customer’s usual place of residence is located are applicable.
15. Negligible differences due to technical reasons
The entire content of the website is merely provided for general information purposes. Negligible differences in colours and other differences in products may be attributable to different images, display methods or other technical reasons. namuk GmbH accepts no liability for such discrepancies.
16.1 For customers with a place of residence in Switzerland and Liechtenstein
For customers with a place of residence in Switzerland and Liechtenstein – except for the mandatory liability cases described in section 16.2 below – any liability is excluded. Liability for associates is completely excluded.
16.2 For other customersFor claims asserted by other customers based on damage caused by us, our legal representatives or our vicarious agents our liability is unlimited:
- in the event of injury caused through negligence;
- in the event of the intentional or grossly negligent violation of obligations
and in other applicable circumstances giving rise to mandatory liability
In the case of a slightly negligent violation of material contractual obligations our liability is limited to the damage typically foreseeable when the agreement was concluded. Material contractual obligations are obligations whose fulfilment is required for the proper performance of the agreement and whose fulfilment the customer is normally entitled to expect. We accept no liability for the violation of non-material contractual obligations if the damage incurred by the customer has been caused by same or by a third party in respect of whose fault we are not obliged to take any responsibility under statutory provisions. All other claims for compensation are excluded.
17. Severability clause
If any provisions in this agreement including this provision is or become wholly or partially ineffective or if the agreement contains an unforeseen gap, the validity of the remaining provisions or parts of such provisions will remain unaffected. The relevant statutory provisions will replace any invalid or missing provisions.
The collection and processing of personal data is explained in the Privacy Declaration. The Privacy Declaration constitutes an integral part of these GTCB and the customer declares that he or she has taken note of and accepts it. The Privacy Declaration may be consulted on our website.
19. Applicable law
Any disputes arising from or in connection with this agreement are governed by Swiss laws. The provisions of the UN Sales Convention are not applicable. The exclusive place of jurisdiction is Wetzikon, Switzerland. The foregoing is subject to any other mandatory statutory provisions governing the place of jurisdiction.