Terms & Conditions
Last updated: March 2021
Please note: Only the German original of these Terms and Conditions of Jonathan Hare Goods and Handcrafted is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
1 Company Identity
Jonathan Hare Goods and Handcrafted, with its registered office at Heuelstrasse 26, 8153 Rümlang, Switzerland and with company number CHE-158.437.811 MWST (Zürich Handelsregister), hereinafter referred to as “JG&H”.
2 General Conditions
The present terms and conditions (hereinafter “T&C”) apply to all legal transactions made through the online shops
www.jghprofessional.ch and www.jonathansgoodsandhandcrafted.com
(hereinafter individually referred to as “online shop”).
Both online shops are operated by Jonathan Hare Goods and Handcrafted CHE-158.437.811 MWST (hereinafter “JG&H”).
JG&H reserves the right to change these T&C at any time. The version of the T&C valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online shop, is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
3.1 Product and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding.
All prices quoted are net, in Swiss Francs, include value added tax (VAT) and, where applicable, include an advance recycling contribution, packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. Only the minimum order surcharge – if applicable – is excluded. In addition to the final price, a B2C (Consumer) minimum order surcharge of maximum CHF 9.00 can be charged for order totals of below CHF 70.–. B2B (Professional) minimum order surcharge of maximum CHF 10.00 can be charged on order totals of below CHF 200.- JG&H reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
3.2 Availability and delivery times
JG&H is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for JG&H. Therefore, all information on availability and delivery times is subject to change.
4 Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from JG&H shall be deemed concluded with JG&H as soon as an order has been placed by the customer in the online shop, by telephone or e-mail (hereinafter referred to as “contract”).
Customers can see in the online shop and on the invoice who the supplier for any purchase is.
Customers are informed of their order placement by means of an automatically generated order confirmation by JG&H, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with JG&H under condition of deliverability and correct price quotation.
5 Delivery date
Together with the confirmation, the customer is advised that delivery is within 3 working days of order date.
If delivery by JG&H is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, JG&H will refund the customer any amount paid in advance. No further claims towards JG&H apply.
For products and services by JG&H, all delivery described under “Delivery and Payment” in the online shop are available to the customer.
The delivery address in Switzerland or Liechtenstein must be easily accessible by delivery truck. Should this not be the case, the customer shall bear any consequential costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, JG&H may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
7 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered products for correctness, completeness and potential transport damage.
The customer shall inform JG&H of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery at the latest. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in “Returns and Rights of Withdrawal”.
8.1 Basic provisions
JG&H warrant for two years from delivery date that the ordered product will be free from defects and fully functional. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. JG&H shall provide warranty either by
- repairing the product free of charge (original warranty period continues to apply to the entire product);
- providing a partial or full replacement with an equivalent product (for replacement within the first year of warranty, the original warranty period continues to apply. For replacement within the second year of warranty, the warranty period is one year starting from the time of replacement);
- replacing the product through JG&H (the warranty period of two years starting from the time of replacement applies)
- providing a refund at current price (no more than the sales price at the time of the original order); or
- giving a price reduction.
Provided that the manufacturer warranty exceeds the warranty of JG&H, JG&H shall grant the former to the customer.
While the warranty claim is being processed, both JG&H may, at their own discretion, provide the customer with a replacement product (replacement subject to reservation). This shall apply on condition (precedent) that a warranty claim actually exists. Therefore, the customer only gains ownership of the replacement product at the time of promise of guarantee by JG&H. If the warranty claim is rejected by JG&H, the customer may purchase the replacement product at retail value at the time of delivery or is obliged to return the replacement device at his or her own expense.
All further-reaching and in particular the legal provisions for warranty are excluded.
9 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall JG&H be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of JG&H, be this contractual or non-contractual.
Moreover, JG&H will not accept any liability in the following cases:
- storage, setting or use of products that is improper, unlawful or contrary to contract;
- use of incompatible spare parts or accessories;
- failure to maintain and/or improper modification or repair of the products by our clients or a third party;
- force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by JG&H or official orders.
10.1 Payment methods
JG&H claims all payments for products and services purchased on the JG&H online shops directly from the customer.
Payment must be made in Swiss Francs.
The current fees can also be viewed under “Delivery and Payment” and are given in detail in the ordering process.
Payment methods available to customers for the online shop are listed under “Delivery and Payment”.
When paying by credit card or other instant payment methods, the amount is debited at the time of order.
In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the JG&H main warehouse are reserved until the expiration of the payment term, which is at least 19 calendar days. This also applies to products that are ordered from an external source, but processed and shipped in our warehouse. Products that are delivered to customers directly by a merchant or an external distributor are only ordered upon receipt of payment.
For fee-based purchases on account (only possible for B2B (Professional) products from JG&H), customers are obliged to settle the invoiced amount within 30 calendar days of receiving the invoice without any (discount) deduction. In the event of a partial return of the delivered products, the invoiced amount may be reduced accordingly.
10.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to JG&H for any purchases become immediately due (within 8 calendar days from the first reminder for payment). JG&H may request immediate payment and suspend any further product deliveries to the customer.
JG&H levies an administrative charge of CHF 5.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
10.3 Reservation of ownership
All ordered products remain the property of JG&H until payment is received in full. JG&H is entitled to make an entry in the register for reservation of ownership. Without the express consent of JG&H, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
11 Order change or cancellation
In general orders can be returned and cancelled. Please refer to “Returns and Rights of Withdrawal” for full details.
12 Returning non-defective products
According to the conditions listed in the “Returns and Rights of Withdrawal”, JG&H grant the right to return ordered products within a maximum of 30 calendar days, from their dispatch.
Customers must register the return of a product in their personal customer account under the section “Returns and Rights of Withdrawal” on www.jonathansgoodsandhandcrafted.com or www.jghprofessional.ch and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
Should customers exercise their right of return according to the above-mentioned return conditions, JG&H shall refund the total purchase price with the exception of any minimum order surcharge paid.
13 Repairs outside of the warranty
All repair costs incurred outside of the warranty pursuant to point 8 shall be borne by the customer. JG&H reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 8.
14 Further provisions
14.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for six months by JG&H before being disposed of.
14.2 Data privacy protection
The privacy statement is an integral part of these T&C. By accepting these T&C, customers also agree to the privacy statement.
When the Customer visits the online shop, JG&H collects personal data about the Customer. For more information on how this data is handled by JG&H, please refer to JG&H’s privacy statement: Privacy Statement.
14.3 Partial invalidity
Should individual terms of these T&C be invalid or void, the validity of the other provisions of these T&C are not affected by this.
14.4 Place of jurisdiction and applicable law
All legal relations between JG&H and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
For any claims resulting from purchase contracts in which one party is JG&H: For claims by consumers, the place of jurisdiction that applies is Zurich or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Zurich.
14.5 Age restriction for alcohol
In accepting these Terms & Conditions you confirm that you are over the age of 18.
JG&H Online shops do not knowing sell to persons under the age of 18, and your acceptance of these T&Cs and purchase contract, guarantees that you are over the legal age limit: 18 years
By clicking yes to being over 18 years to the pop-up “Are you over 18?” on those pages that offer alcohol based products you confirm that you are over the age of 18 years.
JG&H reserves the right to place an order on hold for alcohol based products, and ask for proof of age from the consumer.
15 Questions relating to T&C
For further clarification, feedback to JG&H, service support and any general enquiries please contact: email@example.com