General Terms and Conditions of PATER et FILIUS GmbH
1. Scope
These General Terms and Conditions (“GTC”) of PATER et FILIUS GmbH (hereinafter referred to as “P&F”) apply to all contracts concluded by a customer with P&F via the P&F online shop. For improved readability, these GTC use the term “customer”; however, this includes all gender identities equally.
The term “customer” within the meaning of these provisions refers to both natural and legal persons, consumers and entrepreneurs.
2. Conclusion of Contract
The product representations in the P&F online shop serve as an invitation for the customer to submit a legally binding offer.
The customer may submit an offer via the online order form integrated into the P&F online shop. By entering personal information and clicking the “purchase” button at the end of the ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart. Before submitting the binding order, the order can be reviewed and modified at any time.
P&F will confirm receipt of the customer’s offer immediately by email. However, this confirmation of receipt does not yet constitute acceptance of the offer. P&F may accept the offer either by sending an order confirmation via email or by delivering the goods. P&F reserves the right to reject the order.
The order data is stored by P&F and used solely for the execution of the order. It is not used for any other purpose and is treated confidentially.
P&F processes orders and communicates with the customer via email and automated systems. The customer must ensure that the email address provided is correct and capable of receiving emails from P&F. If spam filters are used, the customer must ensure that P&F and any third parties commissioned by P&F can deliver emails.
3. Prices
All prices on the website are quoted and will be charged in Swiss Francs (CHF). If buying from outside Switzerland, the customer can simply use the daily currency converter by clicking on the currency button next to the price, for prices in Euros (€) if buying from the EU, in GBP (£) if buying from the UK, or in Dollars ($) if buying from another country.
Swiss prices include VAT (8,1%) payable if delivery is within Switzerland, but exclude delivery charges, which are detailed separately unless stated otherwise.
EU, UK and US prices are exempt from VAT and exclude delivery charges, which are detailed separately.
On all orders placed for delivery outside Switzerland, it is the customer’s responsibility to pay any subsequent import duties or taxes that may be applicable for deliveries within their own country.
P&F has no control over these charges and cannot predict their amount. If the order is refused or rejected at the destination due to import fees, taxes or any other reason, P&F will charge €35 which will be deducted from the customer’s store credit to cover return shipping.
P&F may change the prices on the website at any time and without any notice.
Discounts or discount vouchers may only be redeemed under the conditions specified in the relevant promotion.
4. Payment Methods and Terms
The following payment methods are accepted for orders placed in the P&F online shop: Credit card, Stripe and PayPal.
For credit card payments, the amount is reserved upon completion of the order, and the customer’s account is charged when the goods are shipped.
For PayPal payments, customers are redirected to the PayPal website during the ordering process, where they must log in and confirm payment to P&F.
5. No Set-off
Offsetting with potential counterclaims and the assertion of rights of retention are excluded.
6. Returns
This right is granted equally to Swiss customers and customers of Liechtenstein.
Customers have the right to withdraw from this contract within fourteen days without providing any reason.
The withdrawal period is fourteen days starting from the day the customer, or a third party designated by the customer who is not the carrier, takes possession of the goods.
In the case of partial deliveries, the withdrawal period begins fourteen days from the day the customer, or a third party designated by the customer who is not the carrier, takes possession of the final goods.
To exercise his right of withdrawal, the customer must inform PATER et FILIUS GmbH, Neu Letten 6a, 8192 Zweidlen, Switzerland, contact@paterfilius.com, via a clear statement (e.g., a letter sent by post or an email) of his decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for the customer to inform P&F of his right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal:
If the customer withdraws from this contract, P&F will refund all payments received from the customer, excluding delivery costs, without undue delay and no later than fourteen days from the day on which P&F receives notification of withdrawal from this contract. P&F will use the same payment method for this refund as the customer used in the original transaction unless expressly agreed otherwise with the customer.
P&F may withhold the refund until the returned goods have been received.
The customer must return or hand over the goods to PATER et FILIUS GmbH, Neu Letten 6a, 8192 Zweidlen, Switzerland, without undue delay and no later than fourteen days from the day on which he receives the goods. The deadline is met if the customer sends the goods before the fourteen-day period has expired. The goods must be returned unworn and unused, in their original packaging and with their labels intact.
The customer bears the direct cost of returning the goods and is responsible for any diminished value of the goods.
Expiration of the Right of Withdrawal:
When trying on clothing, the customer must observe hygiene guidelines, particularly ensuring that swimwear is tried on over his underwear.
P&F does not accept any returns of intimate apparel (underwear)
The right of withdrawal expires prematurely if the goods are used beyond what is necessary for inspection or trying on. In such cases, P&F reserves the right to claim compensation for loss in value and return the goods to the customer.
7. Delivery and Shipping Conditions
Orders are delivered to the delivery address provided by the customer. If delivery to the customer is not possible and the shipping company returns the goods to P&F, the customer bears the cost of the failed delivery.
Delivery times are specified during the ordering process and can be selected by the customer.
If the final day of the delivery period falls on a Saturday, Sunday, or a public holiday recognized at the delivery location, the next working day shall apply.
8. Warranty
The statutory warranty provisions apply.
Please note that minor color deviations between the product displayed on the customer’s screen and the delivered product may occur. These differences are due to variations in browsers and/or software and do not constitute a defect.
9. Limitation of Liability
Once a product has been received by the customer, all risk of damage to or loss of the product will pass from P&F to the customer.
10. Data Protection
The separately listed privacy policy applies.
11. Miscellaneous
All contracts concluded with P&F are governed exclusively by Swiss law, and the place of jurisdiction is the registered office of P&F in Switzerland.
Should any provision of these General Terms and Conditions be or become unenforceable, the validity of the remaining provisions shall remain unaffected.
P&F reserves the right to amend these General Terms and Conditions at any time. The version applicable to any customer relationship is the one in effect at the time the contract is concluded.