General Terms and Conditions (GTC) of BERNINA International AG, Steckborn (TG), Switzerland, for Transactions With Users via the Online Store “inspiration.bernina.com”
The following General Terms and Conditions, as amended at the time the order is placed, apply to business dealings with BERNINA International AG (hereinafter called “BERNINA”), particularly to all orders and contracts with users, i.e. for the private purposes of the customer, on the website “inspiration.bernina.com”.
Contract conditions that differ from these General Terms and Conditions require our written approval in every instance.
2. Product Presentation
The user can purchase physical and digital products in our online store. The product presentations in our online store do not constitute a binding offer; they are only an invitation to the user to submit an offer.
We may alter product descriptions at any time.
All prices listed in the respective online store are given in the indicated currency (CHF, EUR, USD, or AUS-D) and include the respective legally mandated VAT. The prices generally do not include shipping costs. However, if shipping costs are incurred when purchasing a physical product (magazine), the shipping costs will be clearly indicated to the user on the order page before the order is completed.
4. Orders/Execution of the Contract/Special regulation for subscriptions
Orders made by the user are binding. Each order constitutes an offer to us to conclude a purchase agreement.
We immediately confirm the receipt of the order by email. This order confirmation, however, does not constitute an acceptance of the user’s offer; rather, it only informs the user that the order has been received. For the purchase of digital products, our acceptance is given immediately before or upon shipment of the digital goods. For physical products, the purchase agreement is not executed until we confirm shipment or ship the ordered products. This occurs no later than within 5 business days after the user places the order.
We can refuse to accept an offer at any time without providing justification. In this case, we will inform the user about the non-acceptance of the order as soon as possible via email.
In the event of the purchase of an annual subscription of our magazine “inspiration” and payment by credit card, the subscription shall be automatically renewed for one year at a time unless it is expressly terminated by the consumer with a notice period of 4 weeks.
We will send the consumer without separate request a few days before the expiration of the cancellation period a reminder by e-mail including a “cancellation link”. By taking out a subscription, the consumer authorizes us to collect the annual subscription fees via his credit card until he effectively cancels the subscription.
5. Availability of Our Physical Products
We cannot always guarantee the consistent availability of the physical products being ordered. In particular, old issues of “inspiration” magazine can only be ordered and shipped in physical form as long as supplies last. We therefore reserve the right not to ship ordered products if they are no longer (or not fully) deliverable. We will inform the user as quickly as possible of any products that are not available and therefore not deliverable.
6. Terms of Delivery and Shipping Costs
Delivery will be made as soon as possible after receipt of the offer; for digital products (such as patterns or individual issues of “inspiration”), delivery will be made immediately after receipt of the offer. For orders of a subscription to “inspiration” magazine, deliveries will begin with the next scheduled issue.
Shipping costs, if incurred, are listed separately. This is only the case for physical delivery of individual issues of “inspiration”.
7. Terms of Payment
The user can pay with credit card or PayPal. If payments are returned and you are responsible for the return debit, the user is considered in default of payment. Furthermore, the user is also considered in default of payment as soon as the payment deadline specified in an invoice is not met. At such time, we are authorized to charge default interest in the amount of 5% p.a. In this case, we have the option of disallowing the respective customers from making additional online purchases from us.
8. Right of Cancellation and Return of the Goods
Right of revocation/right of cancellation for the delivery of physical, tangible goods (magazine):
You have the right to cancel this agreement within fourteen (14) days without justification. The cancellation period is 14 days from the date on which you came into possession of the goods we delivered or, in the case of a magazine subscription (an agreement concerning the regular delivery of goods across a predetermined period of time), from the date on which you came into possession of the initial product.
To exercise your right of cancellation, you must send notification of your decision to cancel this agreement to: BERNINA International AG, inspiration Editorial Department, Seestrasse 161, 8266 Steckborn, Switzerland, +41 (0)52 762 11 11, [email protected]. This notification must be an unambiguous declaration (for example, with a postmarked letter or by email).
To meet the cancellation deadline, it is sufficient that you send the notification of exercising your right of cancellation before the expiration of the cancellation period.
Consequences of cancellation:
When you cancel this agreement, we must pay back to you all payments we have received from you, including the delivery costs. This repayment must be made immediately and no later than within fourteen (14) days from the date on which we received your notification to cancel the agreement. The payment method we will use for this repayment is the same method that you used for the original transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse this repayment until we have received the returned goods or until you have provided evidence that the goods have been sent back, whichever comes first.
You must return or surrender the merchandise to us (BERNINA International AG, inspiration Editorial Department, Seestrasse 161, 8266 Steckborn, Switzerland) immediately and in any case no later than within fourteen days from the date on which you reported to us that you were canceling the agreement. The deadline is met if you ship the goods before the fourteen-day period has expired.
You are liable for the immediate costs of returning the goods.
You are only obligated to pay for any loss in value of the goods if, upon inspection of the condition, quality, and functionality of the goods, this loss in value is traceable to unnecessary handling of the goods on your part.
Expiration of the right of cancellation – Your BERNINA International AG
In an agreement pertaining to the delivery of digital content not contained on a physical data carrier (direct transmission of patterns or content from a magazine via telemedia), the right of cancellation expires, even if BERNINA has begun executing the agreement, after the customer
1. has explicitly agreed that BERNINA begins executing the agreement before the cancellation period expires, and
2. has confirmed their awareness that by consenting to the execution of the contract, they will lose their right of cancellation.
9. Reservation of Ownership
The goods remain the property of BERNINA until payment has been made in full.
10. Claims for Defective Goods
We guarantee our products in accordance with the statutory provisions. Furthermore, we do not assume liability for errors in the depictions, prices, or texts on our homepage or in our online store.
The BERNINA website (including the online store) is sometimes unavailable due to maintenance work or for other reasons, without this resulting in claims against us.
The images used on our homepage are our property or are licensed to us and may only be used with our approval.
12. Governing Law / Place of Jurisdiction
Swiss substantive law applies to all legal relationships between us and the user, unless it is superseded by mandatory user and consumer protection provisions from the country in which the respective user resides.
The place of jurisdiction is Steckborn (TG), Switzerland, unless there is a mandatory place of jurisdiction for consumers in the country of the respective user.
These General Terms and Conditions are valid effective 04/01/2020
Consumer information regarding online dispute resolution according to Regulation (EU) No. 524/2013:
The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr. This platform is used for the out-of-court settlement of disputes with a consumer. We are willing to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.