General terms and conditions – Onlineshop

Badrutt’s Palace Hotel AG in St. Moritz will be happy to arrange personal service for you. To ensure the success, we request that you carefully read the following terms and conditions which form an integral part of the contract. We would like to thank you for your understanding and taking notice of these conditions.

1. Operator of the online shop / contract partner / customer service
1. Purchase agreements in the online shop at https://shop.badruttspalace.com/shop/ are concluded with Badrutt’s Palace Hotel AG (hereinafter referred to as “we”, “hotel” or the “seller”), Via Serlas 27, CH-7500 St. Moritz (CHE-105.980.962), the operator of the online shop.
2. Questions about products, orders, deliveries, complaints and invoices are to be address to the customer service department of the hotel: by e-mail at wellness@badruttspalace.com and by post to the address specified above.

2. Area of validity
1. These general terms and conditions (“GTCs”) apply for the processing of all orders by the customer ("you”, “customer”, the “buyer” or “consumer”) with the hotel, which are placed via our online shop. Within the scope of the order process, you acknowledge the GTCs valid at the time the order was placed.
2. Any other contractual conditions, even those which the customer declares are applicable upon the acceptance of the contract, are only valid if and to the extent that they have been explicitly recognised by the seller as valid in written form.
3. When making reservations or bookings for non-cash benefits, the specific GTCs apply.

3. Conclusion of contract
1. The presentation of the goods and services on our website does not represent a binding offer in the legal sense, but a non-binding online catalogue.
2. Only once you have selected the product you want, the payment method, confirmed our GTCs and clicked on the “Buy” button do you send us a legally-binding offer to conclude a purchase agreement.
3. You subsequently receive an automatically-generated e-mail, which confirms the receipt of our order by us.
4. The acceptance of your order and the associated conclusion of contract occur by means of an order confirmation. The contractual relationship is only concluded upon the sending of this electronic order confirmation to the customer. All offers and prices are non-binding prior to this. We are permitted, for whatever reasons, to refuse the acceptance or confirmation of certain orders. The costs for customs clearance and other costs which are incurred in the destination country, have to be borne by the customer (see the point 4 for further information about the prices and costs).

4. Availability, prices, dispatch and delivery
1. The offer of goods and services in the online shop only apply as long as they are published and available on our website. The images on our website are exclusively intended for display purposes. We reserve the right to change our prices and products at any time.
2. If the product you ordered is not available, because we have not been supplied by a reliable supplier without it being our fault, despite the placement of a congruent order, we will notify you of this immediately. This therefore releases us from our obligation to provide a service and can withdraw from the contract. If you have already made payments, we will refund them immediately. Unless self-delivery is agreed, we will ensure quick delivery. If part of the delivery cannot be supplied immediately, because we have not been supplied on time by a reliable supplier, without it being our fault, despite the placement of a congruent order, we will deliver the rest of the goods later without charging the delivery costs again, provided this is reasonable for you.
3. The prices quoted by us are final prices, i.e. they contain the legal VAT.
4. The quoted prices do not include delivery and customs costs.
5. The delivery times stated in the online shop or our order confirmation are calculated – subject to the conclusion of a contract - from the time the order is sent.
6. When ordering a voucher, the voucher can be downloaded online as a PDF document and printed locally by the customer (Print@Home). Adobe Acrobat Reader is required for this. The customer is responsible for ensuring that the necessary prerequisites are available to print the voucher. The customer shall take the necessary precautions to prevent the use of the voucher by unauthorised people, or misuse. For purchased vouchers printed at home, the customer has to ensure that its voucher is protected from misuse (e. g. copying, modification or printing by unauthorised people). Purchased vouchers are not allowed to be transferred on the internet or other networks, or used commercially. Printed vouchers are to be stored so that all the details on the voucher and in particular the voucher number are easily legible. The hotel assumes no liability for damage which the customer incurs due to the use or misuse of the voucher by unauthorised people, or due to illegible vouchers.
7. The other products are handed over after the payment, by delivery to the address provided by the customer.

5. Period of validity of vouchers
1. Service and accommodation vouchers
Service and accommodation vouchers are valid for two years from the date of the voucher (= date of the electronic confirmation by the hotel). The hotel reserves the right to charge a surcharge if it accepts older service or accommodation vouchers.
2. Gift vouchers
Gift vouchers are valid, after payment of the full price, for two years from the date of the voucher (= date of the electronic confirmation of the hotel) and can be redeemed at all the facilities of the hotel.
3. Special provisions for non-cash benefit vouchers (vouchers for services and accommodation, i.e. not pure gift vouchers) do not give the customer or the voucher holder a claim for the performance of a service on any date and at any time. The customer or voucher holder is obliged to make a specific booking request with the hotel for the service. If a customer or voucher holder does not make use of an appointment reserved for the service (a so-called no-show or late cancellation), the standard cancellation conditions of the corresponding division shall apply.

6. Right of cancellation
1. Consumers have the following right of cancellation:
You have the right to cancel this contract within fourteen (14) days without stating grounds. The cancellation period is fourteen (14) days from the date on which you or a third party appointed by you, who is not the carrier, received the last goods.
To assert your right of cancellation, you must notify us (Badrutt’s Palace Hotel AG, Via Serlas 27, CH-7500 St. Moritz, wellness@badruttspalace.com, + 41 (0)81 837 10 00) if your decision to cancel this contract by means of a clear declaration (e. g. by a letter sent by post, fax or e-mail). For this purpose, you can use the attached sample cancellation form, although it is not mandatory to do so. To meet the cancellation deadline, it is sufficient to send a message about the assertion of the right of cancellation before the expiry of the cancellation period.
2. Consequences of cancellation
If you cancel this contract, we have to refund to you all the payments we have received from you, including the delivery costs (excluding additional costs incurred because you selected a different means of delivery than the best value standard delivery option offered by us), immediately, at the latest within fourteen (14) days from the date on which the message about your cancellation of this contract is received by us. For this refund, we will use the same means of payment that you used for the original transaction, unless something else has been explicitly agreed with you; under no circumstances will you be charged fees as a result of this refund. We can decline the refund, until we have received the goods back or until you have provided proof that you have sent back the goods, depending on which of these occurs first.
You have to send or deliver the goods back to us immediately, and in any case at the latest within fourteen (14) days from the date on which you notified us about the cancellation of this contract. The deadline is deemed to be met, if you send the goods before the expiry of the period of time of fourteen (14) days. We bear the costs for sending back the goods. You are only responsible for any loss of value of the goods, if this loss of value is due to handling by you which is not related to a check of the quality, characteristics and functioning of the goods.
3. The right of cancellation does not exist for contracts for the delivery of sealed goods, which are not suitable for return due to hygienic or health safety reasons, if the seal has been removed after delivery. The right of cancellation also does not exist for contracts for the delivery of goods, which have been produced according to customer specifications or are clearly tailor-made for personal requirements.
4. We enclose a return delivery label with the order, which ensures free delivery. It is necessary to use the return delivery label to ensure free return delivery, otherwise the consumer bears the direct costs.
5. Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us.) – An Badrutt’s Palace Hotel AG, Via Serlas 27, CH-7500 St. Moritz, wellness@badruttspalace.com – I/we (*) hereby cancel the contract concluded with me/us (*) for the purchase of the following goods (*)/the performance of the following services (*) – Ordered on (*)/received on (*) – Name of the customer – Address of the customer – Signature of the customer (only for messages sent on paper) – Date (*) Cross out parts that do not apply.

7. Retention of title
Until the full payment of the respective invoice for a delivery (the final and unconditional credit of the total purchase price) we reserve the ownership of the delivered goods in all cases. For customers with their registered office in Switzerland, we are permitted to make a corresponding entry in the retention of title register.

8. Payment methods
1. We accept credit cards as a form of payment (Eurocard/Mastercard, VISA and American Express).
2. You send us your credit card details upon placing an order. After receiving proof of your identity as a legitimate card holder, we request that your credit card company initiates the payment transaction. The payment transaction is automatically performed by the credit card company and your card is charged.

9. Assignment
We reserve the right to assign or pledge our claims against you for the payment of the due purchase price associated with the delivery of goods, including any due instalments, default interest and dunning charges to third parties.

10. Warranty and guarantees
For customers with their registered office in Switzerland and Liechtenstein the following applies:
1. You are obliged to check the delivered goods as soon as possible in the regular course of business, and to report any detected defects immediately to our customer service department (see the contact details in point 1). If you fail to do this, the products are deemed to be approved. Approval is deemed to have been given in any case, if you do not report a defect to our customer service department via the afore-mentioned e-mail address within eight days of delivery.
2. Defects which were not detectable during the proper check as per the above paragraph, are to be reported to our customer service department as soon as they are detected (contact details in point 1), otherwise the ordered products are deemed to be approved even with regards to this defect.
3. A good quality photograph is to be taken of the defect product and this must then be sent to the hotel, with a copy of the invoice and a detailed description of the defect. The hotel decides whether the product is defective. If this is the case, please send the product back to the hotel. You are notified of the return address with every delivery. The incurred transport costs are to be borne by you.
4. We meet our warranty requirements by remedying defects. This is done, at our discretion, either by supplementary performance, i.e. removing a defect (remedy of defect), or the supply of a defect-free item (replacement delivery). Products sent back by customers are transferred back into our ownership.
5. If the supplementary performance fails, you are permitted to withdraw from the contract. This does not apply in the event of insignificant defects. A right to the reduction of the price is excluded. This liability exclusion covers all claims which compete with the warranty rights, whether they arise from the contract (Art. 97 ff. OR [Swiss Code of Obligations], an offence (Art. 41 ff. OR), the rescission of the contract by accident (Art. 23 ff. OR) etc.
6. You do not receive any guarantees in the legal sense from us. Manufacturer’s guarantees remain, of course, unaffected by this. We assume no liability for the descriptions of third parties, in particular from other customers within the scope of customer assessments made in the online shop and on our social media networks.
7. For customers with their place of residence outside of Switzerland and Liechtenstein, the legal right of warranty applies of the state in which the customer has its normal place of residence.

11. Liability of the hotel
1. For customers with their place of residence in Switzerland and Liechtenstein all liability is excluded – excluding the mandatory liability cases listed in point 11.2 (injury to life, limb or health etc.) . Liability for auxiliary persons is excluded in full.
2. For claims of other customers due to damage which was caused by us, our legal representatives or vicarious agents, we always have unlimited liability

Regardless of these cases, the amount of our civil law liability is limited to the foreseeable and direct damage upon the conclusion of the contract.

12. Transport damage
If goods are delivered with evident transport damage, please report these defects as soon as possible to the suppler and contact us immediately. The failure to make a complaint or contact us has no consequences on your legal claims and their assertion, in particular on your warranty rights. They do help us, however, to be able to assert our own claims against the haulier or transport insurance company.

13. Data privacy
The data privacy statement can be accessed via our homepage.

14. Applicable law and place of jurisdiction
1. The contract is solely subject to Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (UN CISG). This choice of law only applies provided a customer is not excluded from the protection which it is granted by the mandatory consumer protection legislation of the state in which it has its normal place of residence.
2. For dispute from or associated with these GTCs, the courts in St. Moritz, Switzerland have sole responsibility.
 

Version: November 2018