General Terms & Conditions of Capuani Group GmbH
1. Scope
These General Terms and Conditions ("GTC") apply to the entire business area of Capuani Group GmbH (hereinafter referred to as "Company").
2. Conclusion of the Contract
The contract is concluded upon acceptance of the Company's offer regarding the purchase of products by the customer.
The contract is definitely concluded if the customer orders or directly purchases the products offered by the Company via the online shop.
3. Prices
Unless otherwise offered, all prices are in Swiss Francs (CHF). All prices include any applicable value-added tax (VAT).
Prices are exclusive of other applicable taxes.
Prices are exclusive of packaging and shipping costs.
The Company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract apply, as stated on the Company's website and according to the Company's price list.
4. Payment
The Company offers the following payment methods to the customer: credit card, PayPal. Offsetting the invoiced amount with any potential claims of the customer against the Company is not permitted.
The Company reserves the right to refuse delivery or provision of services in case of late payment.
5. Obligations of the Company
If you wish to make a change to the product you have ordered, please contact us for assistance.
5.1 Delivery / Delivery Dates
Delivery is made within 7 (seven) working days after receipt of the order. If timely delivery is not possible, the customer will be informed within 5 (five) working days after receipt of the order, and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance is the Company's registered office. The Company fulfills its obligation by handing over the ordered products to the agreed carrier. If no carrier is agreed upon, the Company is free to choose one. The agreed delivery costs cannot be increased by the choice of the carrier.
5.2 Auxiliary Persons
Both parties have the express right to use auxiliary persons to fulfill their contractual obligations. They must ensure that the use of auxiliary persons complies with all mandatory legal provisions and any applicable collective labor agreements.
6. Exchange
The exchange of products is generally excluded.
7. Warranty
The Company warrants that the product complies with the product specifications.
Any defect must be reported to the Company immediately. The Company is free to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a price reduction or a refund of the purchase price. Claims for reimbursement of costs for third-party repairs are excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period for the repaired element starts anew, while for the remaining elements of the product, the original warranty period continues.
8. Liability
Liability for any indirect damages and consequential damages is fully excluded.
Liability for direct damages is limited to the sale price of the product. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damages to the Company immediately.
Any liability for auxiliary persons is fully excluded.
9. Intellectual Property Rights
All rights to the products, services, and any trademarks belong to the Company, or it is authorized by the owner to use them.
Neither these GTC nor any related individual agreements entail the transfer of any intellectual property rights unless explicitly stated.
Furthermore, any reuse, publication, or making accessible of information, images, texts, or other content received by the customer in connection with these provisions is prohibited unless explicitly authorized by the Company.
If the customer uses content, texts, or visual material in connection with the Company, to which third parties hold rights, the customer must ensure that no third-party rights are violated.
10. Data Protection
The Company is entitled to process and use the data collected during the conclusion of the contract to fulfill its obligations. The Company takes measures to ensure data security according to legal provisions. The customer fully agrees to the storage and contractual use of their data by the Company and is aware that the Company is obliged and entitled to disclose information from the customer to courts or authorities upon request. Unless the customer explicitly objects, the Company may use the data for marketing purposes. The data necessary for the performance of services may also be transferred to commissioned service partners or other third parties. Further data protection regulations apply.
11. Amendments
These General Terms and Conditions may be amended by the Company at any time.
The new version comes into effect 30 (thirty) days after being published on the website (www.capuanifragrances.com) by the Company.
For customers, the version of the GTC that was in effect at the time of the conclusion of the contract applies, unless the customer has agreed to a newer version of the GTC.
12. Priority
These GTC take precedence over all previous provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC take precedence over these GTC.
13. Severability Clause
Should any provision of this contract or an attachment to this contract be invalid, the validity of the rest of the contract remains unaffected. The contractual parties will replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any contractual gaps.
14. Confidentiality
Both parties and their auxiliary persons are obliged to treat all information that is provided or acquired in connection with the services as confidential. This obligation remains in effect even after the termination of the contract.
15. Force Majeure
If timely fulfillment by the Company, its suppliers, or third parties involved is made impossible due to force majeure such as pandemics, natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, unrest, civil wars, revolutions, uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, supply shortages, loss of delivery, and delivery delays from production, the Company is released from fulfilling the affected obligations for the duration of the force majeure and a reasonable ramp-up period thereafter. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company will fully refund the customer for any payments already made.
Any further claims, particularly compensation claims due to force majeure, are excluded.
16. Agents and Distribution Partners
The customer acknowledges that any distribution partners or agents operate independently and are not affiliated with the Company. Any potential claims against them must be made directly. The Company is not liable for any breach of contract by agents or distribution partners.
17. Applicable Law / Jurisdiction
These GTC are governed by Swiss law. Unless mandatory legal provisions take precedence, the court at the Company's registered office is competent. The Company is free to bring a lawsuit at the defendant's registered office.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) (SR 0.221.211.1) is expressly excluded.