Terms and Conditions
General Terms and Conditions of Smekerski online shop
Our General Terms and Conditions apply to all contracts, purchases and the use of services that are concluded between our customers and www.smekerski.com (hereinafter referred to as “Smekerski”). As a part of the ordering process, you accept the terms and conditions within the time of placing the order. All verbal and telephone agreements must, in order to be binding, be confirmed in writing or by e-mail.
The operator of the online shop at smekerski.com ( referred to as “Online Shop”) and the customer’s contractual partner is: Mitrovic-Smekerski, with its registered seat in Wettingen ZH, Switzerland. Our product range of the Online Shop is exclusively aimed for people who have reached the age of 18 (hereinafter referred to as “Customers”).
The current Terms and Conditions can be downloaded and printed at any time from the website www.smekerski.com/terms-and-conditions
Conclusion of Contract
By clicking the “buy” button and accepting the General Terms and Conditions, you place a binding order for the items in your shopping cart. We will confirm the receipt of your order via e-mail. A binding contract is concluded upon receipt of the order confirmation. Please note that the delivery of the ordered goods upon advance payment takes place only when the payment of the full purchase price and any additional costs has been received. Therefore, we ask you to transfer the purchase price immediately after receipt of the order confirmation. If ordered goods are not available or cannot be delivered within the certain period, you have the right to refund purchase price. The right to fulfillment is expressly excluded.
The contract is concluded only on those items that are expressly listed in the invoice, the order confirmation or shipping confirmation.
The contract is concluded in English. The data stored by Smekerski serve as proof of the conclusion of the contract and the transaction. The Customer hereby agrees that the contract-related communication in electronic form can be unencrypted.
Prices and Delivery
The prices shown in the online shop are exclusively in Swiss francs (CHF) including shipping costs, value added tax and any custom duties. There is no minimum order value. Payment for all orders is made exclusively in Swiss francs (CHF).
Smekerski reserves the right to change prices and conditions at any time. For the products ordered by Customers, the prices and conditions valid on the order date and stated on the order confirmation always apply.
Delivery is carried out by Smekerski. Smekerski strives to inform about the delivery times in the confirmation e-mail. If several products are ordered, the delivery time may vary depending on the product.
Depending on the country of delivery, delivery may be subject to custom duties and government fees. These must be paid directly by the Customer. Please contact the local authorities for more information.
Unless otherwise agreed, all products, performances and services are to be paid by PayPal, credit card (VISA, EuroCard / MasterCard, American Express but not Diners Club) or by advance payment. The data stored on behalf of Smekerski are evidence of all transactions between the Online Shop and the Customer. The data stored by the payment system is considered proof of financial transactions. The Customer is only entitled to set off and / or retention rights insofar as the claim is legally established or undisputed.
Smekerski receives the product information from the manufacturer / designer or other partner. The images on the website are not binding and are for illustration purposes only. Colors or the overall appearance of articles may differ slightly from what is displayed on the screen.
Right of Return
Exceptions are defective goods or goods that have not been ordered (see section 6).
Inspection and Reprimand Obligation, Liability for Defects
The warranty does not cover normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as deficiencies due to external circumstances, in particular: worn, soiled or damaged items. Also, articles in which the labels and / or fuses such as labels or security threads have been removed.
The Customer has the opportunity to open a customer account. In the customer account, the order data can be viewed after entering the personal access data. Smekerski reserves the right to block customer accounts at its sole discretion without giving reasons.
The Customer hereby consents to the storage of personal data entered by him/her as part of the use of the website. This also applies to the storage of the IP addresses that are transmitted each time the website is used. The Customer also agrees to the use of personal information for the personalization of advertisements and product offerings displayed on the website. A transfer of personal data to the advertisers does not occur.
The Customer agrees that Smekerski uses customer’s personal information for direct marketing purposes. This includes advertising to the address of the customers by e-mail and mail.
The Customer confirms the accuracy of the information provided by accepting the General Terms and Conditions and authorizes Smekerski to obtain all information necessary for the examination of the order by public offices, credit reporting agencies and the central credit information office. At regular intervals, existing customers can also be inspected by the above mentioned bodies.
All cases of breaches or violations of contract and their legal consequences as well as all claims of the Customer, irrespective of their legal basis, are governed by these General Terms and Conditions. Other claims of the Customer are excluded. Smekerski is not liable for damages that are not caused to the goods themselves, especially not for consequential damages, loss of profit or other financial loss of the Customer.
Termination of Contract by Smekerski
If the Customer fails to comply with any of his obligations, or fails to comply in part, for example, with a payment date, Smekerski reserves the right to demand all immediate payment of any outstanding amounts of whatever nature, stop deliveries and / or terminate the current contract with immediate effect.
Changes to the General terms and Conditions or Other Parts of the Contract
Smekerski is entitled to amend or supplement these General Terms and Conditions at any time. As soon as the Customer makes use of the services of Smekerski after the change, he implements the new terms and conditions.
Contract terms which contradict these General Terms and Conditions are only valid if Smekerski has given expressly written consent or consent by e-mail.
Should individual provisions of these General Terms and Conditions be ineffective or incomplete or should fulfillment be impossible, this will not affect the validity of the remaining provisions. The contracting parties undertake to replace the ineffective provision with a permissible, effective provision which comes closest in content to the original intent and the economic purpose pursued.
Applicable Law and Jurisdiction
This contract is exclusively subject to Swiss law to the exclusion of the standards of the Vienna Sales Convention. Disputes between the Customer and Smekerski are subject to the ordinary jurisdiction of Smekerski’s headquarters, unless otherwise required by law.
Contact / Customer Service
Do you still have questions? In our FAQs you will find frequently asked questions and answers about Smekerski and the products and services offered. Of course, you can always contact us directly, we are here for you.