GENERAL TERMS AND CONDITIONS

General Terms and Conditions within the framework of purchase contracts that are established via the https://www.helloheidifabrics.com and https://helloheidifabrics.ch platforms between the

Hello Heidi Fabrics GmbH
Kempttalstrasse 11
8320 Fehraltorf
Switzerland

(hereinafter referred to as ‘we’) and the users of this platform (hereinafter referred to as ‘you’) designated in § 2 of these General Terms and Conditions.

§ 1 Scope of Application

(1) For the business relationship between us and you, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

(2) We do not accept any deviating terms and conditions on your part.

(3) We are entitled to supplement or amend our General Terms and Conditions at any time.

§ 2 Conclusion of Contract

(1) You can select goods from the Hello-Heidi range and collect them virtually using the ‘Shopping Cart’ button. Click the ‘Buy now’ button to make a binding request to purchase the goods in your shopping cart. Before sending the order you can view the data at any time and change it if necessary.

(2) We will then send you an automatic confirmation of receipt with the subject ‘Confirmation of your order at Hello Heidi Fabrics’ by email, in which all details of your order are listed again. You can of course print this message. Your order represents the offer to conclude a contract with the respective contents of the shopping basket. The confirmation of receipt (order confirmation) is the acceptance of the offer by us. In this the contents of the order are summarized. With this email you will also receive the contract text (consisting of order, terms and conditions and order confirmation). The text of the contract will be stored in compliance with data protection regulations.

(3) The contract is concluded in English.

§ 3 Delivery, Availability of Goods, Payment Modalities

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.

(2) If the product you have specified in your order is temporarily unavailable, we will inform you immediately. In this case you have the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In this case we will refund any payments already made by you immediately.

(3) For technical reasons, we are unfortunately unable to offer a pre-order option for fabrics that are ordered subsequently.

(4) At Hello Heidi Fabrics GmbH you can make your payment via PayPal, Stripe (credit card) or TWINT. We also offer ‘direct bank transfer’ as an option. This payment option is an alternative for people who do not want to or cannot pay with PayPal, credit card or TWINT. Please note that this is not a purchase on account. In this case the goods will be reserved for you for 48h (two working days) only. Please transfer the money as soon as possible and within the set time limit. Your package will be wrapped up and shipped only after receipt of money. If we have not heard from you within two working days, your order will be cancelled.

(5) The payment of the purchase price is due immediately upon conclusion of the contract or within 48h (working days) in case of the option “direct bank transfer”. A purchase on account is not possible.

§ 4 Retention of Title

The delivered goods remain the property of Hello Heidi Fabrics GmbH until the full payment of the purchase price.

§ 5 Prices and Shipping Costs

(1) If you order from Switzerland or Liechtenstein, our shopping prices are shown with 7,7% VAT.

If you order from the EU, we are obliged to pay VAT to the EU. Therefore, all prices that our shop software automatically provides for you, including the legal value added tax of 19% valid in Germany, are understood. Even if you order from another country within the EU, these 19% (and not the rate applicable in the destination country) will be displayed. This is correct, as we pay the corporate tax (representing all countries) to Germany when selling to the EU.

(2) The corresponding shipping costs will be indicated to you during the ordering process and are to be carried by you unless otherwise stated.

(3) For worldwide shipping (outside Switzerland, Liechtenstein and the European Union) we base our postage calculations on an average weight of less than 2kg per parcel. If an order is significantly heavier, we reserve the right to contact the buyer again to discuss the next steps. If we do not find a mutually acceptable solution for the payment of the additional costs, both sides have the right to withdraw from the contract.

(4) Additional customs costs and tax payments in the destination country must also be paid by you, unless otherwise stated. This applies in particular to international deliveries to non-EU countries.

(5) In the event of revocation, you shall carry the direct costs of the return shipment.

§ 6 Warranty for Material Defects and Liability

(1) We shall be liable for material defects in accordance with the applicable statutory provisions. In the event of a defect in the goods, you are entitled to warranty rights. It is up to you whether you request a replacement product or withdraw from the contract.

(2) You are obliged to check the state and condition of the goods immediately upon receipt. If you discover any defects, you are obliged to inform us immediately. Otherwise it is possible that your legal claim to warranty for material defects expires.

(3) If our products have not been delivered in the quantity ordered by you or have simply been delivered incorrectly, we will refund all costs incurred by you (sales price, shipping and any customs duties and taxes) and ask you to return the goods to us. Please note that in this case we need receipts (e.g. from return postage) as receipts in order to refund the correct amount.

§ 7 Revocation

(1) You will find all information on revocation in our Revocation Policy and the Revocation Policy for Digital Goods.

(2) According to this revocation instruction, we do not take back any goods that are ‘tailored’ to the personal needs of the consumer. In concrete terms, this means that all fabrics and other meter goods offered in the online shop Hello Heidi Fabrics GmbH which were delivered in proper condition are excluded from the revocation right.

§ 8 Product Colour

We endeavour to reproduce the colours of our fabrics realistically. However, we would like to point out that there may be slight deviations from the actual colour shades when taking photographs. Further colour variations may also occur due to settings on your monitor or mobile device and are not a defect. If you have any questions about our products or would like to request fabric samples, please contact us at [email protected].

§ 9 Protection of Intellectual Property

Our brand ‘Hello Heidi Fabrics’, our designs and all contents of the websites are protected by copyright. Reproductions and imitations of any kind are prohibited.

§ 10 Final Provisions

(1) Only Swiss law applies to contracts between you and us to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Exclusive place of jurisdiction is the Swiss Federal Supreme Court with registered office in Zurich, with the proviso of legal remedies. This shall not apply to consumers residing within the EU.

(3) The remaining parts of the contract shall remain binding even in the event of the legal invalidity of individual points. The ineffective points shall, if any, be replaced by the statutory provisions. Insofar as this would represent an unreasonable burden for a contracting party, the contract as a whole shall become invalid.

Status: October 2020.