Terms & Conditions
The General Terms of Sale of the start-up called Ben & Emma, Trade and Retail for use of the website www.ben-emma.com, www.ben-emma.ch, www.ben-emma.ru.
The purpose of these general terms of sale is to govern relations between:
- the start-up M. Kämpf – Starenweg 9 – 3052 Zollikofen (hereinafter called “Ben & Emma”) and publisher of the website of Ben & Emma
- and any person or entity wishing to make a purchase via the website of Ben & Emma hereinafter called the Customer.
1 – Purpose
The purpose of these general terms of sale is to define the contractual relationship between Ben & Emma and the Customer and the conditions applicable to all purchases made through the online shop of Ben & Emma by the Customer, whether a professional or consumer. The purchase of goods through this site implies acceptance by the Customer of these terms of sale. These general terms of sale prevail over any other general or special conditions not specifically approved by Ben & Emma. Ben & Emma reserves the right to modify its terms of sale at any time. In this case, the applicable terms will be those in effect on the date of the order by the Customer. The Customer is responsible for regularly checking the content of and any changes to these terms by visiting the website of Ben & Emma. The general terms of sale are available in French, German, English and Russian.
2 – Specifications of the products offered
The products sold are those listed in the catalogue published on the Ben & Emma website. These products are available for sale within the limits of available stock. Product specifications and photos are set in accordance with the supplier and are for information purposes only. The photographs in the catalogue are as accurate as possible but perfect similarity with the product cannot be guaranteed, especially with regard to colours.
3 – Prices
Prices in the catalogue are in Swiss francs or any other available choosen prices. Ben & Emma reserves the right to change prices at any time and without notice, it being understood however that the price listed in the catalogue on the day of the order shall be the only one applicable to the Customer. Ben & Emma reserves the right to not deliver products if their corresponding prices shown are incorrect and agrees to inform its customers about the price difference and will offer alternative products. Ben & Emma may offer sales and promotions in its catalogue. These offers are only valid during the posting period on the site and cannot be applied retroactively. Vouchers or discounts distributed on the site or through partner sites are only valid under the conditions established in the offer. These vouchers or discounts can only be used when ordering and must be entered in the field provided for this purpose. By no means can a voucher or discount be applied retroactively. The shipping fees listed in the “shopping basket” of the order form are added to the listed prices.
4 – Orders and completion of the sale
The Customer, who wishes to buy a product at the Ben & Emma website, must go through the various stages of the purchase process (summary of the products selected and placed in the shopping basket, identification, address and choice of delivery and choice of payment and payment as provided). Confirmation of the order implies acceptance of the terms of sale, the recognition of having perfect knowledge of the same and waiver of any claims against these terms of sale or other conditions. All information provided and the registered confirmation shall constitute valid proof of the transaction. Confirmation shall constitute the signing and acceptance of the transactions made. Ben & Emma will send the details of the order made via e-mail. Payment for purchases made at the website of Ben & Emma is due at the time of the order, without discount. Payment may be made by bank credit card (Visa or MasterCard) or Postcard account or PayPal or via bank transfer. The Customer has 3 working days to pay via bank transfer; the order will be canceled if no payment is done within this time. Ben & Emma does not have access to confidential information related to the payment method. The information entered is encrypted and securely transmitted from the servers of the Swiss Hosting Company Hostpoint to the financial service provider you have choosen to pay through. Ben & Emma informs the clients that the final confirmation and final contract of the purchase is given when all goods are in stock, packed for shipping and the shippment is confirmed by e-mail. Befor the clients does not have any claim of the good ordered.
5 – Shipping
Deliveries are made to the shipping address specified by the customer during the ordering process.
Ben & Emma ships to the following countries:
- Switzerland, European Union, Russia, USA and Canada
- Worldwide deliveries are highly welcome
The postage cost is indicated in the “shopping basket” and is subject to the approval of the customer before the validation of each order and the amount may vary depending on the country of delivery.
The current shipping rates are as followed:
Switzerland and Lichtentum Fürstenstein:
– Up to CHF 50.–: CHF 9.90
– Above CHF 50.–: CHF 0.–
– Up to CHF 175.–: CHF 12.90
– Above CHF 175.–: CHF 0.–
– Up to CHF 200.–: CHF 12.90
– Above CHF 200.–: CHF 0.–
USA & Canada:
– Up to CHF 250.–: CHF 12.90
– Above CHF 250.–: CHF 0.–
– Upt to CHF 350.–: CHF 15.90
– Above CHF 350.–: CHF 0.–
Delivery times are applied once the payment is received, and the package is ready for shipment. Derlivery time depends on the destination and whether the goods are in stock. Ben & Emma commits on informing customers of any delivery delay but cannot be held responsible for these delays nor give any form of compensation for these delays. In case of damage during the transportation, a written notification should be sent to the transporter within 3 days after receipt of the parcel. Should the client discover a damage of the products after signing the bill of delivery, the client will have to contact the Client Services of Ben & Emma within 3 days for any claims.
6 – Guarantee for defects and withdrawal
In case of non-compliance of a product sold, Ben & Emma’s guarantee is limited to product return and exchange or refund of the product, subject to compliance by the Customer with the conditions and time limits specified in the following paragraph. Regardless of the existence of product non-compliance, the Customer, a non-professional individual, has a withdrawal period of seven (7) days from delivery of their order to announce the return of the product to Ben & Emma for exchange or refund without penalty. In case of a return consistent with the terms & conditions, the price paid will be refunded as follows:
- if the return is due to an error on the part of Ben & Emma in the delivery, by refunding the amount charged to the Customer’s credit card
- in other cases, by offering the Customer a gift certificate for the website Ben & Emma.
To return a product the customer needs to contact Ben & Emma’s Customer Service by email prior to sending the product back, and needs to mention the order number, the products that the customer wishes to return and the reason for returning them. Ben & Emma reserves the right to refuse a returned product in case the Customer did not contact Ben & Emma’s Customer Service beforehand and within the defined timeline. Ben & Emma’s Customer Service will then inform the Customer on how to proceed with the return. All goods returned must be in their original packaging, should neither have been used, washed nor have been damaged in any sense. Items ordered on demand (items ordered outside from our catalogue or personalized items –e.g. specific color choices ) cannot be canceled after they have been ordered. We will not refund any charges and fees of delivery fees and taxes etc. Additionally we will refund the amount of the goods less the charges of the payment partner. If the client wishes, Ben & Emma offers a voucher for the online shop over the full amount excepted the fees and charges for example delivery fees and taxes.
Further are sales and reduced items non-exchangeables nor refundable!
7 – Guarantees and Liability
Ben & Emma has taken all precautions to ensure both reliable information and secure access to ist website. However, Ben & Emma cannot, under any circumstances, guarantee the total absence of material error, technical defects or other unintended problems. Likewise, no assurance can be given as to the suitability of the site for your particular needs and uses. Ben & Emma shall not be held responsible for any damage related to the use of its site, and accepts no responsibility for the information contained in other sites that may be linked to it by a hypertext link or any other means.
8 – Intellectual Property Rights
All data of any kind, including text, graphics, logos, icons, images, audio or video clips, trademarks, and software appearing on the Site are necessarily protected by copyright, trademark rights and other intellectual property rights. Ben & Emma, in its capacity as publisher of the Site, grants the User the right to private, noncollective and non-exclusive use of said content. In these conditions, the User agrees not to reproduce, summarize, modify, alter or redistribute, without the express authorisation of the publisher, any text, title, application, software, logo, brand, information or illustration for any other use that is not strictly private, which excludes any representation for professional purposes or bulk redistribution. Similarly, the User agrees not to copy all or part of the Site to another site or an internal corporate network. Ben & Emma shall not be held responsible for any use made by Users of the data available on the Site. The creation of hypertext links from another website to the Site must be expressly authorised by Ben & Emma!
9 – Personal data protection
All customer data is treated in a strictly confidential manner and Ben & Emma respect the actual Swiss law of data protection and always looks for higher technologies to protect your data!
- Article 1
We only use your data for the smooth running of your order. The e-mail address provided during order procedure will only be used to confirm your orders with you. You may unsubscribe at any time. Ben & Emma will not disclose your personal information to third parties for commercial purposes.
- Article 2
- Article 3
According to federal law on personal data protection, you can review and edit your personal information at any time upon request at our customer care center.
Use of the website of Ben & Emma is for private use only. Any commercial use, particularly for the resale to third parties of products purchased on the site, is prohibited. Any violation of this condition will be punishable by immediate and permanent exclusion from the circle of customers. The damages suits are reserved.
11 – Applicable law and jurisdiction
Relations between Ben & Emma and the Customer are governed by Swiss law. Jurisdiction for any dispute relating to the relations between Ben & Emma and the Customer is at the headquarters of the company Ben & Emma.
We reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of www.ben-emma.com, www.ben-emma.ch and www.ben-emma.com following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
Date of last modification: 04th December 2016