General terms and conditions

1. Scope of application

These General Terms and Conditions ("GTC") apply to the entire business area of Damnjanovic Clothing & More (hereinafter "Company").

2. Conclusion of contract

The contract is concluded when the customer accepts the company's offer regarding the purchase of products.

The contract is concluded in any case when the customer orders the products offered by the company via the company's online store or purchases them directly.

3. Prices

Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT).

The prices are exclusive of any other applicable taxes. The prices include packaging costs but do not include shipping costs. For more detailed information about our shipping policy, please see ‘Shipping + Handling’.

The company reserves the right to change prices at any time. The prices valid on the Company's website and according to the Company's price list at the time the contract is concluded shall apply.

4. Payment

The company offers the customer the following payment options: All common credit cards, Applepay, American Express and Twint .

If the invoice is not paid within the aforementioned payment period, the customer shall automatically be in default.

From the time of default, the customer shall owe default interest in the amount of 5% (five percent).

If the company also offers products for purchase, rental or other use via an online platform, it may also request payment by electronic means as part of the ordering process (credit cards, Paypal or other payment systems).

The invoiced amount may not be offset against any claims the customer may have against the company.

If the order amount is high, the company may request a down payment from the customer.

The Company shall be entitled to refuse delivery or provision of services in the event of default in payment.

5. Obligations of the company

5.1. Delivery / Delivery dates

Delivery shall be made within 10 (ten) working days of receipt of the order. If timely delivery is not possible, the customer will be informed by the company within 5 (five) working days of receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall fulfill its obligations by handing over the ordered products to the agreed forwarding agent. If no forwarder is agreed, the Company shall be free to choose a forwarder. The agreed delivery costs may not be increased by the choice of carrier.

5.2. Auxiliary persons

The parties have the express right to engage auxiliary persons to perform their contractual duties. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.

6. Obligations of the customer

The company is the provider of an online platform. By accepting these GTC, the customer confirms that he/she has unlimited capacity to act and is of legal age.

By registering, the customer expressly declares that all information provided is true.

The customer is fully responsible for the secure storage of their access data and passwords. The customer is responsible for the content of the uploaded data. In particular, the customer guarantees the legality, accuracy and currency of this data. Any uploading or publication of protected, illegal or offensive material, including plagiarism, is strictly prohibited. The company accepts no liability for unauthorized content.

The customer may only offer those products on the company's Internet platform over which he is authorized to dispose. They must be free of any legal claims by third parties. Furthermore, the customer may only offer services that he is authorized to provide and has the necessary knowledge and skills to provide.

The customer may not make any false, misleading or unfair statements about the products or services. He must provide full information about any defects and details of payment and delivery. There is no entitlement to advertise on the platform operated by the company.

The company is free to reject a customer without giving specific reasons and to delete the published offer or account or not to publish the offer. Any amounts already paid will not be refunded to the customer in this case.

The company is entitled to monitor the customer's behavior in connection with the use of the Internet platform. In particular, the company is entitled to check the legality of advertisements published by the customer on the online platform at any time.

The customer shall be liable to the company, its bodies, employees and auxiliary persons for all damage caused in connection with the use of the Internet platform, irrespective of fault. The customer shall indemnify the company against third-party claims and bear the costs incurred.

7. Cancellation of appointment

In the case of agreed appointments for the provision of the contractual service, cancellation up to 4 (four) hours before the appointment is free of charge, contacting us via E-mail: info@natsukashiiclothing.com.

8. Exchange

The customer is entitled to exchange products within 10 (ten) days of receipt. However, the products must be in their original packaging, unused and with all labels attached. The customer must bear the costs of return and exchange.

9. Revocation

The customer has the right to withdraw from the contract within 1 (one) day of sending the order in writing (e-mail, letter, etc.) or implicitly by returning the products. Timely dispatch of the revocation or the product is sufficient to comply with the revocation period. In the event of revocation, the customer shall bear the costs of returning the goods. In the event of an effective revocation, the services received by both parties must be refunded. The products must be returned in their original packaging and unused. Otherwise, the customer shall indemnify the company in full for any damage caused by opening the packaging or damaging the product.

10. Warranty

The company guarantees that the product complies with the product specifications. The company guarantees the above for a maximum period of 12 (twelve) months. The company must be notified immediately of any defects. The company is free to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty for the repaired element begins anew; the original warranty period continues for the remaining elements of the product.

11. Liability

Liability for any indirect damage and consequential damage is excluded in full. Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is excluded in full.

12. Intellectual property rights

The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner.

Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.

In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives 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 have a property right, the customer must ensure that no property rights of third parties are infringed.

13. Data protection

The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties.

Furthermore, the data protection regulations apply.

14. Changes

These General Terms and Conditions may be amended by the company at any time.

The new version enters 30 (thirty) days after the activation on on the website (www.natsukashiiclothing.com) by the company.

The version of the GTC in force at the time the contract is concluded shall apply to customers. Unless the customer has agreed to a newer version of the GTC.

15. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.

16. Severability clause

Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.

17. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.

18. Force majeure

If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure such as pandemics, natural disasters, earthquakes, volcanic eruptions, avalanches, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made.

Any further claims, in particular claims for damages as a result of vis major, are excluded.

19. Agents and sales partners

The customer acknowledges that any sales partners or agents work independently and thus independently of the company and that any potential claims must be asserted directly against them. The company is in no way liable for breaches of contract by any agents and sales partners.

20. Applicable law / place of jurisdiction

These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take

precedence, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant's domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.