- 1 Scope, applicable law
(1) Within the business contact between LuxTex Küttel and the customer, the following general terms and conditions apply exclusively.
(2) Other terms and conditions do not apply, even if we do not object to their validity separately in individual cases, unless their validity is expressly agreed in writing.
(3) These terms and conditions and the entire legal relations between the parties are governed by Swiss law to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
- 2 Time of conclusion of the contract
(1) The mere presentation of the products marketed by LuxTex Küttel does not constitute a binding offer.
(2) Only by clicking on the button "Order subject to payment" you place a binding order of the goods contained in the shopping cart. By submitting the offer you are bound to it for two weeks. Your right of withdrawal in accordance with Section 3 remains unaffected.
(3) An order confirmation is made by an automated e-mail from email@example.com. With this confirmation, acceptance is not yet explained, unless the acceptance is also expressly included in the order confirmation. A contract will only be concluded if we expressly accept your offer or send you the ordered goods.
- 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who place the order for a purpose that cannot be attributed primarily to his commercial or independent professional activity), you shall be entitled to a right of withdrawal in accordance with the statutory provisions.
(2) With regard to this right of withdrawal, we grant you the following (pre-formulated by the legislator)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, Fiteluxe.ch, LuxTex Kütte, Islikonerstrasse 19 in 8547 Gachnang, e-mail: firstname.lastname@example.org, by means of a clear statement (e.B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. You can use the attached model withdrawal form, but this is not mandatory.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. Any payment fees may be charged to you. These may be limited to a maximum of 10% of the total
- 4 Prices, Payment, Due Date
(1) All prices in our online shop within Switzerland are gross prices including statutory VAT. For orders outside Switzerland, net prices are given. Deliveries to an address outside Switzerland may be subject to import duties and taxes due upon delivery at the delivery address.
(2) The shipping costs are indicated in our prices in our online shop. The price, including VAT and shipping costs, will also be displayed in the order form before you place the order.
(3) Payment can be made either by invoice, prepayment (transfer), credit card or PayPal. In case of payment by bank transfer, the full amount must be received by us no later than fourteen days after the conclusion of the contract.
Please note that an administration fee per invoice and additional fees in accordance with PowerPay's Terms and Conditions apply for partial and late payment.
(4) The invoice is delivered by post together with the goods.
Purchase on account with partial payment option (PowerPay) With the PowerPay monthly invoice, you can easily pay your online purchase by invoice with partial payment option. MF Group / PowerPay offers as an external payment service provider the payment method "Payment by invoice". Upon conclusion of the purchase agreement, PowerPay assumes the resulting invoice claim and handles the corresponding payment modalities. When you purchase on account, you accept the Terms and Conditions of PowerPay in addition to our Terms and Conditions. (powerpay.ch/de/agb).
(5) Obviously incorrect or non-existent prices (at least 20% below the normal value of sale) do not entitle the customer to receive the order for its prices as well. Fiteluxe is entitled to invoice these products separately.
(6) Return to items with the status "Pre-order"
These items are organized especially for you, so all items with this status are excluded from the return. If items are returned anyway, this will result in a handling fee of 30 francs or at least 25% excluding shipping costs.
Baseless cancellations of orders / incorrect address / incomplete address
Orders oblige customers to purchase the products and services.
Fiteluxe.ch is entitled to keep 10% of the total price as a handling fee for cancellation of any kind. For cancellations for no reason, an additional handling fee of 20 francs will be charged. This only applies if the customer does not accept the refund in the form of a Fiteluxe voucher.
For orders that are not picked up or are returned to us due to an incorrect address, a handling fee of 15 francs excl. shipping costs will be charged.
- 5 Availability and delivery
(1) Delivery takes place from the warehouse of FITELUXE or the declared supplier, to the delivery address you specified when ordering.
(2) We generally assume that a delivery of the goods to addresses within Switzerland takes about 3 to 5 working days from the conclusion of the contract (insofar as goods in stock) unless otherwise agreed or results from the description in our online shop. However, delivery delays can occur at FITELUXE itself as well as at dealers, especially due to production or delivery bottlenecks. All information on availability and delivery time is therefore without guarantee and can change at any time.
(3) In the case of shipping outside Switzerland and within Europe, delivery takes 5-7 working days on a regular basis for goods that are immediately available. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land route / shipping) and the destination of the recipient. Additional restrictions may arise from information from our online shop.
(4) Please note that all information on shipping or delivery is non-binding and does not constitute contractual assurances.
(5) If we at LuxTex Küttel are not able to deliver your ordered goods through no fault of our own, because our supplier does not only fail to fulfil its contractual obligations in the short term, we are entitled to withdraw from the contract. In this case, you will be informed immediately; any payments already made or other consideration will be refunded immediately.
(6) Your other rights remain unaffected.
(7) Return on noted orders is not possible. A refusal to accept results in a handling fee of 35 francs. Shipping costs of 15.-, 15.- for the return processing by post office. 5 Francs handling fee from Fiteluxe.
In principle, a return policy of 14 days applies. This right of return excludes supplements. Unfortunately, no exception can be made for late returns due to billing reasons of our service provider.
- 6 Retention of title
(1) The delivered goods remain the property of LuxTex Küttel until full payment has been made.
- 7 Warranty / Right of return / Right of exchange
(1) LuxTex, here fiteluxe.ch , does not guarantee products sold by us from the end of the contract.
(2) In principle, a right of return of 14 days* applies. Unfortunately, no exception can be made for late returns due to billing reasons of our service provider.
(3) Items that have already been opened are excluded from the exchange/return right.
(4) All reduced items are excluded from the right of exchange / return without exception
*does not apply to already reduced items and items marked with "Pre-order".
Should the customer still no longer want the items, Fiteluxe is entitled to withhold at least 10% but max. 30% of the final amount for administrative costs. (Excl. shipping costs taken over by Fiteluxe)
(5) In the event of a product defect resulting from the manufacture, we will repair, replace or credit the product in question free of charge at our discretion. This warranty does not apply to damage caused by accidents, improper handling, negligence, washing, normal wear and tear or natural colour and material degradation during prolonged use. Accidental damage such as cracks, holes or burn marks is not covered by our warranty.
(6) Warranty obligation on watches is 2 years. The following applies to our NAKA backpacks: Damages within the first 3 months after delivery will be taken over by Fiteluxe, after which any claim will be waived.
- 8 Liability for defects
(1) Unless otherwise stipulated below, our liability for damages is limited to grossly negligent and intentional conduct, regardless of the nature of the breach of duty and including tort.
(2) In the event of a breach of essential contractual obligations, we shall be liable for any negligence, but only up to the amount of damage foreseeable in accordance with the nature of the order at the time of conclusion of the contract.
(3) All limitations and exclusions of liability do not apply to claims arising from fraudulent conduct. Furthermore, they do not apply to liability for characteristics guaranteed by us and to claims under the Product Liability Act, nor to claims for damages resulting from injury to life, body or health.
(4) Insofar as our liability is excluded or limited, this also applies to our employees, employees, (legal or legal) representatives or vicarious agents
(5) If you assert a claim for supplementary performance, we will only fulfil this by way of replacement delivery.
- 9 Other provisions
(1) To the extent permitted is the exclusive, also international, place of jurisdiction for actions against us 8500 Frauenfeld. We are free to bring legal action against the customer elsewhere.
(2) Assignment of claims against us by is only permitted with prior written consent.
(3) Set-off against claims by us is only permissible if your counterclaims are legally established, undisputed or accepted by us. In addition, you are also entitled to set off against our claims if you make complaints about defects or counterclaims arising from the same sales contract.
(4) You are only entitled to a right of retention if your counterclaim comes from the same sales contract.
(5) Legally relevant declarations and advertisements to be made by you to us after conclusion of the contract (e.B. deadlines, notices of defects, declaration of withdrawal or reduction) must be made in writing in order to be effective.
(6) If individual provisions are of the contract with the customer, including these general terms and conditions, to be or become ineffective in whole or in part or if a gap emerges, this shall not affect the validity of the remaining provisions. The invalid provision of the contract or the filling of the gap shall be replaced by a legally effective replacement provision which takes into account or comes as close as possible to the will of the parties, the economic sense and the purpose of the omitted regulation, which is recognizable from the contract and the general terms and conditions.
(7) For amendments and additions to these terms and conditions and/or the other contractual relationship, the written form is necessary; this also applies to the condition of the written form.
(8) Vouchers may be bound to a minimum value. Especially those vouchers in the Advent calendar of Fiteluxe. The minimum value does not need to be printed or mentioned on the voucher. Using the voucher as an individual with several e-mail addresses (abuse) is not permitted. Such orders will be cancelled and charged a 10.- handling fee.
(9) Fiteluxe cannot be held responsible for reminder fees for unpaid invoice by Powerpay.
All information on our website has been carefully checked. We make every effort to offer our information on an up-to-date, correct and complete range of content. Nevertheless, the occurrence of errors cannot be completely excluded, so we cannot guarantee the completeness, correctness and up-to-dateness of information, even in a journalistic and editorial manner. Liability claims arising from material or non-material damage caused by the use of the information offered are excluded, provided that there is no demonstrable intentional or grossly negligent fault.
All products sold by FITELUXE are subject to the strictest controls of the respective manufacturer. For this reason, only the respective manufacturer is liable for the quality of his products.
With your order you confirm that FITELUXE cannot be prosecuted for any discomfort or complications
The publisher may, at its sole discretion and without notice, modify or delete texts and is not obligated to update the contents of this website. The use or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, predetermined or consequential damages, which are allegedly caused by the visit to this website and therefore assume no liability for this.
The publisher also assumes no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher thus expressly distances itself from all contents of third parties that may be relevant under criminal law or liability law or violate good morals.
Updated: August 2020