TNC

## 1. General

These General Terms and Conditions (hereinafter: "Terms") apply to the sale and delivery of the products listed on the website esquive.shop (hereinafter: "Website") to customers in Switzerland, Germany, Austria, Italy, France and Liechtenstein.

Please read these Terms carefully before ordering products from our Website. By ordering our products, you accept the provisions set out below.

This Website is operated by RÖSSLER PORZELLAN AG, TTöpfereistrasse24, 3423 Ersigen, email esquive2026@outlook.com

## 2. Legal capacity

You confirm that, at the time of ordering a product from our Website, you have legal capacity within the meaning of Art. 13 of the Swiss Civil Code (ZGB) — that is, you are capable of judgement and at least 18 years old.

## 3. Purchase of goods, ordering process

Your order of a product on this Website constitutes an offer to purchase that product under these Terms.

After you place an order, you will receive an email confirming that we have received it. Please note that this does not yet mean your order has been accepted. To protect ourselves and to prevent fraud, we reserve the right, before accepting an order, to require that you:

•⁠ ⁠confirm certain information about your order by telephone; and/or

•⁠ ⁠provide proof of your identity (e.g. a copy of an ID document).

If you do not provide the requested information within a reasonable period, we reserve the right to refuse your order and decline to enter into a contract.

If the ordered products are unavailable, we will notify you by email, and you may choose either to wait until the item is back in stock or to cancel the order.

We confirm acceptance of your order by sending you an order confirmation by email. A binding contract between you and us is formed only when we send this order confirmation. Only those products whose dispatch we have confirmed in the order confirmation become the subject of the contract. The order confirmation states the estimated dispatch date of the products sold.

## 4. Purchase price, payment and retention of title

The purchase price of a product corresponds to the details shown on this Website, except in cases of obvious error.

The prices shown are without guarantee and subject to any unforeseeable price changes by suppliers. We therefore reserve the right to adjust prices in exceptional cases.

Payment is possible by invoice and with all common credit cards — Mastercard, Visa and American Express. The credit card account is charged upon completion of the order. We reserve the right to restrict the use of the above payment methods individually to one or more methods.

The purchase prices shown include VAT at the current rate but do not include shipping costs. Shipping costs are shown separately. Before you submit your order, the purchase price and the applicable shipping costs are shown individually and as a total price.

Shipping is carried out by Swiss Post. Partial deliveries are charged according to actual postage costs. We ship your items free of postage from an order value of CHF 100.00 (within Switzerland).

If we are under an obvious error regarding the purchase price that is recognisable to the customer, the contract is non-binding and we are not obliged to perform it. This applies regardless of whether an order confirmation with an incorrect price has already been sent to the customer.

Payment may be made using the methods stated in the ordering process. The amount payable by the customer for the purchase price and shipping is set out in the order confirmation. Payment must reach us before the products are dispatched; the purchased products are dispatched only after payment is received.

All cardholders are subject to validity checks and authorisations by the card issuer. We may exchange the cardholder's personal data necessary for these checks with third parties. If the card issuer refuses to authorise payment to us, we are not liable for delays or non-delivery.

Until the purchase price has been paid in full, the dispatched goods remain the property of RÖSSLER PORZELLAN AG, Töpfereistrasse 24, 3423 Ersigen.

## 5. Shipping

We will notify you of the dispatch date by means of a dispatch notice. Dispatch generally takes place within 30 days of the order date, unless expressly agreed otherwise at the time the order is placed.

The shipping address is as stated in the order confirmation, unless the customer has provided other details. For logistical reasons, products from a single order may be split across several shipments.

If we cannot meet the estimated dispatch date stated in the order confirmation, the goods are not available in stock, and the new dispatch date falls outside a period of 30 days from the order date, we will contact you without delay to inform you of the new dispatch date. If you reject the new dispatch date and we are unable to deliver the product(s) within 30 days of the original order date or before any specifically agreed delivery date, you may cancel the order at no cost and will be refunded the full purchase price paid.

Where several products are delivered in partial shipments, these are dispatched within 30 days of the order, unless expressly agreed otherwise. Delivery of the remaining items is not affected. When ordering several items with different delivery times, we automatically ship the already available products in advance.

## 6. Transfer of risk

Risk for the product passes to you upon dispatch. "Risk" within the meaning of this provision means financial responsibility for damage to the product arising from its use, handling, transport or storage.

## 7. Right of withdrawal, consequences and returns

In the case of manufacturing defects and incorrect deliveries, we will exchange the items concerned for a correct one. You may withdraw your contractual declarations within 14 days without giving reasons, in text form (e.g. letter, fax, email) or by returning the goods. The period begins on the day after you receive the goods.

To meet the withdrawal deadline, it is sufficient to send the withdrawal or the goods in good time. Withdrawals should be addressed to: RÖSSLER PORZELLAN AG, Töpfereistrasse 24, 3423 Ersigen, fax 034 447 70 71, email: fabikladen@roesslerporzellan.ch.

We cannot take back:

•⁠ ⁠goods manufactured to the customer's specifications;

•⁠ ⁠goods specially procured for the customer;

•⁠ ⁠apparel that has been worn, washed or otherwise used, or that is no longer in its original, unused condition with all original tags attached.

In the case of a valid withdrawal, we will refund the price paid, provided the goods reach us unused and in original condition. For returns, please always state your customer number and invoice number. Returns are made at the customer's own risk and liability. The cost of return is borne by the withdrawing customer.

Transport damage must be reported by the customer to the local post office immediately. The entire shipment, including packaging, must be presented to the postal service.

## 8. Liability

Claims by the customer for damages are excluded. Except for the statutory warranty for defects in the product sold, we give no warranty as to the performance or suitability for any use of products or services offered on this Website.

We accept no liability for any errors in images or spelling on this Website. We accept no liability for losses or damage of any kind arising from or in connection with access to, use of, performance of, querying of, or downloading of data or files from this Website, or from linking to other websites.

We accept no responsibility and give no warranty that the functions, content, downloadable files and software on this Website are error-free or will not be interrupted, that errors will be corrected, or that this Website or its servers are free of harmful components. Access to our Website may be interrupted or unavailable at any time, in particular during maintenance and improvement work.

## 9. Miscellaneous

Severability clause: Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the relevant statutory provision.

Electronic communication: When you use our Website, you agree that communication with us will — to the extent legally permitted — take place electronically. We will contact you by email at the address you provide, or by post at the address you provide.

## 10. Applicable law and place of jurisdiction

These Terms are governed by Swiss substantive law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The exclusive place of jurisdiction for all disputes arising from these Terms is Zurich, Switzerland. Rössler Porzellan AG is also entitled to bring proceedings at the customer's domicile.

## 11. Privacy

For order processing, we store personal customer data within the framework of the applicable data protection provisions of Swiss law. We reserve the right to use this data to verify the shipping address and for credit checks. No data is transmitted to or stored with third parties, except for the payment service providers required for validation.