General Terms and Conditions

Section 1 – Scope

These General Terms and Conditions apply to all contracts entered into with Sourire En Soie AG, Strehlgasse 26, 8001 Zurich (“En Soie ”). You acknowledge these terms and conditions in the version valid at the time of placing the order in the context of the order process.

Section 2 – Conclusion of contract and delivery of products

2.1. All contracts concluded over www.ensoie.ch are entered into with En Soie. By clicking the "buy now" button the customer has made a binding order. A binding contract is entered into when you received the order receipt.

2.2. The ordered products are delivered as soon as we have received the customer's payment in full.

2.3. Delivery shall be made under the condition of punctual and proper self-delivery by our suppliers. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, as well as the manufacturer's or subcontractors' blocking of deliveries, there shall be no delay in delivery. The seller shall not be liable for delays in delivery caused by manufacturers or third parties.

2.4. If, after conclusion of the contract, products cannot be delivered either partially or totally for reasons for which En Soie is not responsible, the customer is entitled to withdraw from the contract. In this case, En Soie will refund payments which have already been made.

2.5. En Soie’s performance is an obligation to send. En Soie’s obligation is fulfilled with the handover of the ordered product to the transport company. After dispatch, the risk of accidental deterioration and accidental loss of the product passes to the customer. En Soie is not responsible for any fault of the transport company used.

Section 3 – Price, custom duties and shipping costs

3.1. The prices quoted at the time the order is placed apply. The prices quoted are final prices, i.e. they include the statutory VAT at the time.

3.2. Shipping costs, custom duties and all other occurring cost are not covered by En Soie and must be paid by the customer in full.

3.3. Please note that Swiss VAT is automatically deducted in the shopping cart when shipping outside Switzerland.  However, local VAT and customs duties may apply upon receiving the ordered product. 

Section 4 – Payment

4.1. En Soie offers payment via Credit Card, Twint or Paypal. En Soie reserves the right to refuse certain methods of payment or refer a customer to other payment methods. In particular, customers cannot purchase any products on this Website by using En Soie’s gift certificates.

4.2. Any costs for money transfers have to be borne by the customer.

Section 5 – Return

5.1. En Soie offers a return for all purchased products within 14 days of the purchase, subjet to (i) the condition that the products to be returned are unused, in the same condition as when received and in original packaging and (ii) section 5.3 of these general terms and conditions.

5.2. In order to return a product a return authorization is needed. To receive a return authorization please email onlineorders@ensoie.com . Please do not ship your products before having received authorisation.

5.3. Gift Cards, products purchased on SALE, swimwear, silk bracelets, ceramic ornaments and care products cannot be returned.

5.4. Shipping costs, custom duties and all other occurring cost for the return of the product are not covered by En Soie and must be paid by the customer in full.

5.5. Please send returns to: EnSoie, Strehlgasse 26, 8001 Zurich. Please note that we can only accept returns by post. You cannot return your products in store.

Section 6 – Refunds

Any refunds will be made to the account you have used for payment after inspection of your returned good. You will be notified by email on the approval or rejection of your refund request. We will not refund any shipping cost, custom duties or other occuring cost.

After inspection of your returned good we will inform you by email of the approval or rejection of your refund.

Section 7 – Warranties

7.1. You are obliged to check the delivered products as soon as it is feasible after the usual course of business and to inform En Soie within 5 business days since receipt of the product of any detected defects by sending a picture of the defect to onlineorders@ensoie.com . If you fail to do so, the products shall be deemed approved.

7.2. Defects that could not have been detected in the course of proper inspection must be notified to us immediately after detection by sending a picture of the defects to onlineorders@ensoie.com . Otherwise, the product is deemed to have been approved with regard to these defects.

7.3. En Soie warrants by rectifying defects. This shall be done at our discretion either by subsequent performance, i. e. elimination of a defect (remedy) or delivery of a defect-free item (replacement delivery).

7.4. If supplementary performance of the contract fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer's right to reduction of the purchase price is excluded. This exclusion of liability also applies to all claims which compete with the warranty rights.

7.5. The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the buyer or third parties or defects due to external circumstances.

7.6. En Soie does not give a warranty of title.

Section 8 – Liability

Any potential liability arising in connection with the sale or delivery of En Soie’s products or use of this Website is limited to the extent possible under the applicable law. The amount of a potential claim due to En Soie’s liability is further limited to the purchase price of the sold product in question.

En Soie does not assume any liability for the descriptions of third parties, in particular customers within the framework of the online shop or our social media presence published customer reviews.

Section 9 – Severability

Should individual provisions of this contract including these provisions be or become invalid in whole or in part, or should this contract have missing provisions, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective legal regulations.

Section 10 – Applicable Law and Jurisdiction

This Agreement and all legal relationships hereunder are governed by Swiss Law. The United Nations Convention for the International Sale of Products (CISG) is not applicable. With regards to consumer contracts, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

The Courts of Zurich, Switzerland, have exclusive jurisdiction over any dispute in connection to this Agreement. With regard to consumer contracts, the courts at the consumer's domicile in Switzerland have exclusive jurisdiction.

Section 11 – Changes to General Terms and Condition

En Soie reserves the right to change, update or replace any part of these General Terms and Conditions at any time without notification.

 

Terms of Use

Section 1 – Scope of application

The following provisions govern the relationship between En Soie and users of the website www.ensoie.ch . By using this Website you agree to the following terms of use and the privacy statement (verlinken)

Section 2 – Use of Website
This website may only be used in compliance with the applicable laws and these terms of use. In

particular, the user is prohibited from using En Soie's website:

-  for any unlawful purpose;

-  to solicit others to perform or participate in any unlawful acts;

-  to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

-  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

-   to submit false or misleading information;

-  to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

-   to collect or track the personal information of others;

-   to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose;

-  to interfere with or circumvent the security features of the Service or any related website, other

websites, or the Internet.
En Soie reserves the right to deny access to its website to any user at any time.

Section 3 – products and services
Users are not entitled to any products or services offered on this website. En Soie reserves the right to

modify or discontinue any services offered or products shown on this website.
En Soie has made the effort to display its products accurately on the website. However, En Soie does

not guarantee that the depiction of the product on this Website will be identical to the original product. Section 4 – IP Rights

EnSoie is the owner of the copyright and all other intellectual property rights to the website and its content.

Section 5 – Third Party content

The website contains hyperlinks that lead to websites of third parties or access to tools offered by third parties. En Soie has no influence on their design and content and therefore does not assume any responsibility for the accuracy, timeliness, completeness and/or content of the information provided therein.

Section 6 – Liability

En Soie shall not be liable, to the extent permitted by law, for the accuracy of any information on En Soie's website or any content distributed on En Soie's website, nor for any damage resulting therefrom. This applies to all types of damage, in particular damage caused by errors, delays or interruptions in transmission, malfunctions of technical equipment and services, incorrect content, loss or deletion of data, viruses or in any other way by using this website.

Section 7 – Indemnities

The User undertakes to indemnify En Soie and all its affiliate companies and persons from any claim or demand made by a third party due to or arising out of the non-contractual use of this Website and its content.

Section 8 – Changes to Terms of Use

En Soie reserves the right to change, update or replace any part of these Terms of Use at any time without notification.