TERMS AND CONDITIONS

Last updated: 16 July 2021

  1. About Us
    • Who we are. We are Siebelle s.r.o. trading as Siebelle. We are a company registered in Bratislava, Slovakia and our registered address is Černyševského 26 – Bratislava, 851 01.
    • What we do. We are purveyors of ladies fashion and related items (Products) which we sell through our website siebelle.com.
    • How to contact us. We look forward to hearing from you, to contact us, email us at [info@siebelle.com].
  2. These Terms
    • What these Terms cover. These terms and conditions of use together with our policies specified in Clause 2, are applicable for your use of our Website including the supply of Products to you therein (Terms).
    • Other terms. Your use of the Website and the supply of Products is also subject to our: (i) Privacy and Cookie Policy which describes how we use personal data that you provide to us and your related rights, and our use of cookies, (ii) our Delivery & Returns Policy; and (iii) other policies that we post on our Website; the terms of which are incorporated into these Terms.
    • Why you should read the Terms. These Terms are a legal agreement between you and Siebelle for your use of the Website and the supply of Products. You should read these Terms carefully as they affect your legal rights and govern your relationship with Siebelle.
    • When these Terms apply. By registering an account for the Website, using the Website, purchasing Products or clicking ‘I Agree’ or a similar approval button, you agree to be legally bound by these Terms. Likewise, if we change these Terms and you then use the Website, purchase a Product or click ‘I Agree’ or a similar approval button, you agree to be bound by the changed Terms. Your acceptance of these Terms is deemed to occur in Switzerland.
    • We recommend you print or save a copy of these Terms for your future reference.
  3. Eligibility
    • To purchase a Product, you must be at least 18 years old, and provide a valid payment method.
    • Our Products are only supplied for private use.
  4. Account
    • Account registration. To place an order, you may either register an account with us or place an order as a guest without creating an account. Where you place an order as a guest we may still create a guest account for you to process your order.
    • Accurate account information. The account information you provide must be complete, up-to-date and accurate. If you fail to provide this, or you provide incomplete, false or misleading information we may at any time and at our sole discretion, suspend or terminate your account and/or block your use of the Website.
    • You must keep your account safe and secure. You agree to keep your account information and password safe and secure. You agree to use a strong password and keep it secret; not to share your account or account information with any third party; and to notify us immediately if you become aware of any unauthorized use or access of your account.
    • You are responsible for all activities under your account. You are responsible for all activities under your account regardless of whether the activities are authorized or undertaken by you, or any other person. We are not responsible for unauthorized access to your account.
    • One account only. You agree not to have or register for more than one account with us.
  5. Our Contract With You
    • Our order process. You may place an order for Products by following the process indicated in the shopping pages on our Website. Our order process allows you to correct any errors or modify your order before submitting your order. Please review carefully your order and the information you provide at each stage of the process.
    • Order confirmation. After you submit your order you will receive an email from us confirming that we have received your order and providing an order reference and details of the Products ordered together with the applicable charges. Please note that this order confirmation is just an acknowledgment that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Products ordered.
    • How we accept your order. We will only accept your offer when we send you an e-mail confirming that the Product has been dispatched (Dispatch Confirmation). We may refuse to accept your order including for the following reasons:
      • where the Product is not available;
      • where we cannot obtain authorisation for your payment method;
      • where we are unable to meet a delivery deadline you have specified;
      • if there has been an error in the pricing or Product description; or
      • if you do not meet the eligibility criteria set out in Clause 3
    • How a Contract is formed. The contract between us (Contract) will only be formed upon the earlier of:
      • when we send you the Dispatch Confirmation; or
      • delivery of the Products;

The parties to the Contract are you and Siebelle.

  • Scope of Contract. The Contract will relate only to those Products for which we have confirmed dispatch in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  • If we don’t accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product.
  1. Our Products
    • Products may vary from their pictures. The images of the Products on our Website are for illustrative purposes only. Some Products may be shown larger than actual size to show the details of the Products. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
    • Product packaging may vary. The packaging of the Product may vary from that shown in images on our Website.
    • Make sure your measurements and instructions are accurate. If we are making the Product to measurements you have given us, or ordering a special size or an item not in stock for your requirements, you are responsible for ensuring that your measurements and instructions are correct.
    • Special Items. Products that are made to your special requirements, personalized, customized, engraved or are special items manufactured for you which we do not carry in our regular stock (Special Items) are not refundable and the right of withdrawal described in Clause 12 is not applicable. In our sole discretion we may in certain circumstances offer to issue a credit note or exchange Special Items for another Product subject to an administrative charge and any reduction in the value of the item caused by your special requirements.
  2. Your Rights to make Changes

If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our Rights to make Changes

We reserve the right to make minor changes to the Products to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

  1. Providing the Products
    • Delivery costs. The costs of delivery will be as displayed to you on our Website.
    • When we will provide the Products. We will inform you of the estimated delivery date during the order process and confirm the expected delivery date in the Dispatch Confirmation.
    • We are not responsible for delays beyond our control. We will not be liable if our supply of the Products is delayed or prevented by an event outside our control. In such event we will contact you as soon as possible to let you know of the delay and the expected new delivery date and we will take steps to minimise the effect of the delay. If there is a substantial delay of more than thirty days you may contact us to agree a new delivery date or to end the Contract and receive a refund for any Products you have paid for but not received.
    • If you are not home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    • If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local delivery depot then we reserve the right to end the Contract pursuant to Clause 10. We will refund you the price paid for the Product less any delivery, storage and administrative costs we have occurred because of the failed delivery.
    • When you become responsible for the Product. A Product will be your responsibility from the time we deliver the Product to the address you gave us or you.
    • When you own the Product. You own a Product which has been delivered to you once we have received payment in full.
    • We may need certain information from you so that we can supply the Products to you. If applicable, this will have been stated in the description of the Products on our Website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and Clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  2. Our Rights to end the Contract
    • We may end the Contract if you break it. We may at our sole discretion end the Contract for a Product at any time by writing to you if:
      • you do not make any payment to us when it is due, and you still do not make payment within fourteen days of us reminding you that payment is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
      • you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
      • product returns are not possible for products (ordered and purchased) during active promo, sale, or special discounts campaigns. 

We may in the alternative in our sole discretion affirm the Contract and seek payment in full and/or damages for your breach of Contract.

  • You must compensate us if you break the Contract. If we end the Contract in the situations set out in Clause 1, except for any Special Items, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
  • We may stop providing Products. We may write to you to let you know that we are going to stop providing a Product. We will let you know in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for a Product which will not be provided.
  1. If there is a Problem with the Product
    • Please Contact us if there is a problem with the Product. If you have any questions or complaints about the Product, please contact us. You can email our customer service team at [info@siebelle.com].
    • Product returns are not possible for products (ordered and purchased) during active promo, sale, or special discounts campaigns. 
    • Your legal rights. We are under a legal duty to supply Products that are in conformity with this Contract. You may have a legal right to end the Contract and to get some or all of your money back if:
      • The Product you have bought is faulty or misdescribed;
      • We have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed, see Clause 3;
      • The supply of the Products is significantly delayed because of events outside our control.
  1. Right of Withdrawal
    • You may withdraw from the Contract for online purchases. If you are a consumer, except for Special Items which are non-refundable, you have the right to cancel the Contract for Products purchased via our Website without giving any reason up until fourteen days from the day on which you obtain physical possession of the Products in your order. If you are a consumer based in the European Union or the European Economic Area and have made a purchase via the Website this is considered to be your statutory right to withdraw from the Contract. To meet the withdrawal deadline, it is sufficient for you to notify us that you wish to withdraw before the withdrawal period has expired in accordance with Clause 2.
    • How to exercise your right of withdrawal. To cancel the Contract and to arrange for the return of your Products, please send us an unequivocal statement in writing that you wish to cancel by email to us at [info@siebelle.com]. Alternatively, you may cancel (i) using the Model Cancellation Form in Appendix 1 and emailing it to us, or (ii) writing to us at Seefeldstrasse 173 – 8008 Zürich, Switzerland.
  2. Process for Returned Products
    • You must arrange with us the return of rejected Products or where you exercise your right of withdrawal. If you wish to exercise your rights to cancel the Contract under either Clause 11 or 12 you must return the Products to us from you using the postal service or a reputable courier company. You are responsible to pay the costs of returning the products to us. Please email us at [info@siebelle.com] to inform us that you are returning the Products.
    • Product returns are not possible for products (ordered and purchased) during active promo, sale, or special discounts campaigns. 
    • Our Delivery & Returns Policy. Any return of Products is subject to our Delivery & Returns Policy. If you abuse or misuse our Delivery & Returns Policy we reserve the right to close your account and not accept orders from you.
    • Refunds. Except for Special Items which are not refundable, we will refund you the price you paid for the Products provided they comply with the terms of our Delivery & Returns Policy and in particular they are in their original condition, contain their security tag and have not been worn, used or damaged. We will make any refunds by the method you used for payment. However, we may make deductions from the price as follows:
      • to reflect any reduction in the value of the goods if they are not in the same condition as they were in when they were supplied;
      • for any import duties, customs duties or equivalent that we incur relating to the return of your Products; and
      • in accordance with our Delivery & Returns Policy and to reflect any additional costs we incur if you do not follow our Delivery & Returns Policy.

We will not be liable for any fee charged by your payment provider in processing your refund.

  • When we will make the Refund. Where a Product is eligible for a refund we will make any refunds due to you within fourteen days from the day we receive the Product back from you.
  1. Price and Payment
    • Where to find the price for the Product. The price of the Product, including VAT (if applicable), plus any other costs will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 3 for what happens if we discover an error in the price of the Product you order.
    • We will pass on changes in the rate of VAT or sales taxes. If the rate of VAT or sales tax changes between your order date and the date we supply the Product, we will adjust the rate of VAT or the sales tax that you pay, unless you have already paid for the Product in full before the change in the rate of VAT or sales tax takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.
    • When you must pay and how you must pay. We accept payment with all major credit and debit cards. You must pay for the Products before we dispatch them.
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the greater of 5% or 5% a year above the Swiss Average Rate Overnight (SARON) of the Swiss National Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  2. Our Responsibility for Loss or Damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us subject to certain limitations. If we fail to comply with these Terms, subject to the limitations of liability in this Clause 15, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
    • Our liability is limited to the Price of the Product. Our liability is limited in any event to one hundred percent of the Price of the Products in the Dispatch Confirmation.
    • We disclaim all other liability for use of our Website. Except as provided in Section 2, we disclaim all other liability for your use of our Website including its Content.
    • We disclaim all liability for implied terms and consequential losses. To the fullest extent permitted by applicable law we disclaim and exclude all other terms, conditions and warranties not contained in these Terms. Siebelle shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from the Products and/or your use or inability to use the Website. Siebelle shall not be liable for any of the losses described in this Clause 4 even if you have informed Siebelle of the possibility of such losses.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and under applicable consumer protection law.
    • We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. Use of our Website
    • Access to the Website. We permit you access to our Website for the purpose of viewing or purchasing our Products on a temporary basis. We may change, amend, restrict access, or withdraw the Website in whole or part without prior notice. We are not liable if for any reason our Website are unavailable at any time.
    • You agree not to misuse our Website. You agree:
      • not to misuse the Website;
      • not to transmit any viruses or any code of a destructive or malicious nature in the Website;
      • not to use the Website for any unlawful, harmful, discriminatory, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive activity;
      • not to copy or resell any aspect or portion of the Website, including the HTML or any visual design elements, other than temporary copies made during your normal usage of the Website;
      • not to modify, reverse engineer, decompile, disassemble, create derivative works based in whole or any part of, the Website and its software;
      • not to use robots, spiders or other similar technology or techniques to scrape or data mine the data and content held on the Website, or otherwise access or collect content, data or information from the Website by automatic means;
      • not use any service, software, technology or any manual or automatic process designed to circumvent any restriction, control, technological security measure in the Website;
      • not to take any action that would impose an unreasonable or disproportionate load on our systems, network and infrastructure;
      • not to do anything that would disable, damage or adversely change the functioning and appearance of the Website; and
      • not to modify any other website to falsely or misleadingly imply that it is associated with the Website.
    • We may stop your use of the Website if you misuse it. If you improperly use the Website, or we determine that your use of the Website may pose a security risk to our systems or any third party, we may limit, suspend or terminate your use of the Website.
    • We reserve all rights in our Content. We are the owner or the licensee of all content on our Website, and also the look and feel, design and structure, of our Website, and all intellectual property rights therein (Content). We reserve all rights therein. Our Content is provided ‘as is’ and we do not warrant that it is accurate or complete. We are under no obligation to update our Content.
  4. Other Important Terms
    • We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
    • Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, except if the Contract is transferred pursuant to Clause 1 or 17.2. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
    • If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.
    • Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by Swiss law. Where the laws of Switzerland are different to mandatory consumer laws in your own country we will provide you with similar protection. You may bring legal proceedings against us in the Canton of Geneva, Switzerland. We may bring proceedings against you in the Canton of Geneva, Switzerland or in the country you are resident.
    • Applicable Consumer Law. Mandatory consumer law may entitle you to have adjudicated any consumer related disputes in your country of usual residence under the governing law of your country. If you are a consumer resident in the EU, in addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution

 

 

  • Appendix 1:
  • Model Cancellation Form

Complete and return this form only if you wish to withdraw from the Contract

To:       Siebelle

[info@siebelle.com]

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper),

Date:

[*] Delete as appropriate