General
Zirkuss GmbH, Neumarkt 11, 8001 Zürich, Owners: Lucia Marchettini, Patrizia Jaeger, info@zirkuss.com (hereinafter “Zirkuss” or “we”), operates an online shop at the internet address www.zirkuss.com (the “Website”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
Contract
The presentation of products on our Website does not constitute any offer by zirkuss.com for a purchase contract.
By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “submit order”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
A purchase contract between you and Zirkuss will become effective only after we have accepted the offer by dispatching the goods ordered.
Zirkuss.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
Returns; Advisory; Right of return
You may return the goods delivered within 14 (fourteen) days -except for international shipments 20 (twenty ) days – by return shipment without stating any reason. The time limit commences on receipt of this advisory in text form (e.g. letter, fax, e-mail), however, not until the recipient has received the goods (or not until receipt of the first partial delivery in the event of recurring deliveries of similar goods. You may declare a return also by posting a return request in text form, however, only for goods not eligible for parcel shipping (such as bulky goods). To comply with the deadline the goods or return request must be dispatched in a timely manner. Sale products can be exchanged within sizes and style but not refunded. Due to hygienic reasons swimwear and underwear are not returnable nor exchangeable. All return shipments are at your ( the buyers ) expense and risk. Please address all returns and return requests to: Zirkuss, Neumarkt 11, 8001 Zürich/Switzerland.
Consequences
You are required to compensate us for any loss in value if the goods are returned in a deteriorated state and for any benefits derived (such as advantages derived from usage) which cannot be returned at all or in part or can only be returned in a deteriorated state. You are required for compensate us for any loss in value for deteriorated goods or benefits derived only to the extent that such benefits or deterioration are due to any handling of the goods extending beyond an inspection of their qualities and functions. “Inspection for qualities and functions” shall mean the testing and trial of the goods, as is possible and common in, for example, a store. Any obligations to refund payments must be fulfilled within 30 days. For you, this time limit starts upon dispatch of the returns or return request, and for us, upon their receipt.
Return shipments
All return shipments are made via the service used for original delivery (Post within Switzerland and worldwide ), using the consignment note and/or label enclosed with the parcel.
Please note that we can only accept return shipments from the country of destination. For example, if your delivery was made to France, any returns must be shipped from France as well.
Returns will be credited to your credit card, any losses caused by currency fluctuations will not be refunded.
All payments made by advance payment will be refunded by bank transfer ( your bank details will be needed for these transfers )
Please note:
Goods can not be refunded by Zirkuss, in case the parcel (s) are rejected by the buyer due additional import sale taxey (VAT), costums duties and handling charges in it's own country.
For any questions about your right of return, please contact our Team:
email: info@zirkuss.com
Prices; product presentation; availability; vouchers
The prices stated on our Website www.zirkuss.com at the time of your order apply. Shipping costs will be stated separately.
The goods offered at zirkuss.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
If you have ordered several items at the same time, the products may be delivered at different times. Shipping charges will be incurred only once in any such case.
Vouchers remain valid for three years upon receipt and can be spent on our online shop (www.zirkuss.com) and as well at our shop at Neumarkt 11, 8001 Zürich.
Storage of contract data
You will receive an e-mail order confirmation stating all details entered, which may be printed out as well.
Shipping & dispatch
All worldwide shipments are made via Swiss post. The risk of transportation is on zirkuss.com for orders shipped on priority and economy post within Switzerland and worldwide for orders shipped just on priority post with a tracking number. Orders shipped worldwide with economy post (also free shipping ) are not provided of a tracking number and insurance. Zirkuss is not responsible of any order loss sent via economy post. In case of upgrading the free shipping ( economy post/no tracking number) to priority post (with tracking) please contact ZIRKUSS (info@zirkuss.com).
The goods will be ready for dispatch on or after the day following your order. Please note: On mondays are no send-outs. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance (just in Switzerland ) was chosen as payment option, the goods will be dispatched only after receiving the full payments of the buyer. Payments are due within 7 days.
Deliveries to Switzerland and Liechtenstein
Based on experience, deliveries within Switzerland and Lichtenstein take max 7 business days by economy delivery. Packages over the weight of 2 kg are charged extra. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax.
Free shipping is offered just in Switzerland for orders over 150 CHF.
Deliveries to EU destinations
Based on experience, deliveries to Countries of the EU take max 7 business days with priority and 18 days by economy delivery. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents just on priority delivery with tracking. Orders shipped with economy post (also free shipping over 250 CHF ) are not provided of a tracking number and insurance. Zirkuss is not responsible of any order loss sent via economy post so as the free shipping service . In case of upgrading the free shipping ( economy post/no tracking number) to priority post (with tracking) please contact ZIRKUSS (info@zirkuss.com).The product prices as indicated exclude value-added tax and customs and handling charges. Please note that there will be charges of all import sales taxes, customs duties and handling charges separately for each country.
Deliveries to other destinations
Based on experience, deliveries to countries liable to customs duties take up 10 business days with priority and max 30 days by economy delivery. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents just on priority delivery. Orders shipped with economy post are not provided of a tracking number and insurance. Zirkuss is not responsible of any order loss sent via economy post so as free shipping service over 350 CHF. In case of upgrading the free shipping ( economy post/no tracking number) to priority post (with tracking) please contact ZIRKUSS (info@zirkuss.com). The product prices as indicated are exclusive of value-added tax and customs duties. Please note that there will be charges of all import sales taxes, customs duties and handling charges separately for each country.
For any questions about taxes and duties in your country, please contact your local costum office. Please note that you will be responsible for any banking charges as may be incurred in foreign countries.
Customs duties, import sales taxes and handling charges will not be refunded if the goods are returned.
Shipping charges
All packages are sent via Swiss Post
Switzerland:
- Up to 20kg with Economy (2-3 business days): 7.00 CHF
- Up to 20kg with Priority (1-2 business days): 9.00 CHF
- over 150 CHF Shipping Priority, 1-2 business days): Free
European Union:
- Up to 2 kg with Priority (4-18 business days) and tracking: 34.00 CHF
- 2 to 5kg with Priority (4-18 business days) and tracking: 38.00 CHF
- over 350 CHF Shipping Priority, 4-18 business days) and tracking: 22 CHF
Ret of the world:
- Up to 1 kg with Priority (4-18 business days) and tracking: 38.00 CHF
- 1 to 5kg with Priority (4-18 business days) and tracking: 42.00 CHF
- over 350 CHF Shipping Priority, 4-18 business days) and tracking: 22 CHF
Your payment options for orders with zirkuss.com are via paypal (Visa, MasterCard), Sofort-payment (sofort.com), STRIPE, Twint (only switzerland) or voucher.
All payments and credit notes will be handled in the currency chosen for the purchase (see also currencies).
Payment by credit card or directly by paypal.
Payment on invoice
Zirkuss GmbH
IBAN: CH83 0900 0000 3192 5543 1
Post Konto: 31-925543-1
Payment via Sofort.com (SOFORT AG)
SOFORT Banking is an international online payment system TÜV certified. Without opening a virtual bank account or owning a credit card ,payments can be done in real time and your order will be packed and dispatched. This specific payment method is available just in Switzerland and in some selected European countries.
For further informations please check the official website www.sofort.com.
Retention of title
The goods delivered remain property of zirkuss.com until full payment has been made.
Inquiries, complaints
For any inquiries about your order or complaints, please contact our Customer Care Team:email: info@zirkuss.com
Warranty
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.
Liability
We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper performance of the contract and whose fulfillment customer could reasonably rely upon (“essential secondary obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual secondary obligations which are not essential secondary obligations.
Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.
Any exclusion or limitation of the liability of zirkuss.com shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
Governing law, severability
All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by Swiss law. The jurisdiction is Zurich. The CISG does not apply.
If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.