Terms and conditions

General

These terms and conditions serve as the basis for a fair customer relationship. We are committed to serve every customer to the fullest satisfaction. When you use the website, submit an order or conclude a contract you agree to the following terms and conditions. Deviating terms and conditions of the contractual partner are hereby expressly rejected, unless we have agreed to their validity in writing.

1. Scope

Monsacro AG, Bergstrasse 6, 8700 Küsnacht, Switzerland, operates with the brand name AQVAROSSA the webpage www.aqvarossa.com and within an online shop (hereinafter referred to as AQVAROSSA). In the online shop dresses, jackets, coats, tops and accessories are sold.

1.1. These terms and conditions apply to all orders, placed through the website. These General terms and conditions can be changed at any time. Therefore the terms and conditions valid for the contract are the ones valid at the time of the order. The customer acknowledges these terms and conditions with the use of the website or during the order process by checking the "I accept the General terms and conditions" box and submitting the completed order form.

1.2. When referring to “Customers” in these general terms and conditions we refer to either natural individuals which order is not of a commercial or professional nature or natural or legal persons, associations or companies with commercial interest in the order. "Customers" are both individual persons as well as companies.

1.3. When defining delivery frames with working days, all days of the week are counted, with the exception of Saturdays, Sundays, and public holidays.

2. Important Notes

2.1. Presentation
The goods offered at www.aqvarossa.com are clearly displayed on the website and correspond with the real product. However, AQVAROSSA is unable to ensure full compliance with reality caused by different screen, graphics or printer settings for images and colors that the customer sees on his/her screen.

2.2 stock
AQVAROSSA points out that the products presented at www.aqvarossa.com may in exceptional circumstances no longer be available at the time of the customer's visit to the online shop.

2.3 Sealed Products
All goods ordered are delivered with sealed Hangtag. While trying on the ordered goods, the customer shall not remove or damage the sealed Hangtag. AQVAROSSA will not take goods back if the seal is removed or damaged.

2.4 exclusion of liability
Monsacro AG and its employees are not liable for any damages arising in connection with the use of this website and the information contained therein as well as the functionality of this website itself. Everyone who uses the information and / or materials contained herein, regardless of type and extent, bears all responsibility for any direct or indirect loss, damage or expense arising out of the use of this site.

3. The conclusion of the contract

3.1. The purchase contract
The presentation of the goods of AQVAROSSA does not constitute a binding offer; the customer only concludes a sales contract with AQVAROSSA by sending the order form provided on the AQVAROSSA website.

The order is placed by the customer by entering all the necessary information during the ordering process and has sent the order form by pressing the button "Send order". Before submitting the form, the customer automatically receives an overview of the information provided and the possibility of correcting any input errors.

Upon receipt of the order, AQVAROSSA will send the customer an e-mail confirming receipt of the order and specifying the details of the order (order confirmation). This order confirmation does not constitute an acceptance of the order, but merely serves for informational purposes. The purchase contract between the customer and AQVAROSSA is only concluded when AQVAROSSA delivers the ordered goods. This makes the contract binding.

AQVAROSSA is entitled to refuse an order at its sole discretion without stating any reasons, in particular if there is a reasonable suspicion that the goods purchased via the AQVAROSSA website should be resold commercially but not limited to.

3.2.Contract
The text of the contract is not stored at AQVAROSSA and can not be retrieved after the completion of the ordering process. The customer can print the order data immediately after sending the order. For this he/she can either use the following page "Your order" or the mail "order confirmation".

3.3. Contract with Monsacro AG
Contracts via the Internet address www.aqvarossa.com or with AQVAROSSA are resolved exclusively with the company Monsacro AG. The contract language is German.

4. Delivery and Shipping costs

4.1. Deliveries within Switzerland
Unless otherwise agreed, the delivery takes place in Switzerland from AQVAROSSA’s warehouse via PostPac-Economy within 3 to 5 working days to the delivery address indicated by the customer. AQVAROSSA does not charge shipping costs for economy deliveries.

4.2 International Shipping
Unless otherwise agreed, the international delivery takes place from AQVAROSSA’s warehouse via our logistics partner, depending on the destination, within 5 to 7 working days to the delivery address specified by the customer. For destinations overseas, delivery may be longer than 7 days. AQVAROSSA does not charge any delivery costs, and taxes, customs costs and charges are included.

4.3. Express Shipping within Switzerland
If the customer requires an Express shipping, he will be charged the extra costs according the special agreement.

4.4. Delivery times
We process and send orders during our general business hours. These are Monday to Friday, from 10 o'clock till 18 o'clock CET (except public holidays). The delivery time is extended appropriately in case of interfering circumstances due to force majeure. Force majeure applies as strike, lockout, official interventions, energy and raw material scarcity, involuntary transportation bottlenecks, involuntary operation obstructions, for example caused through fire, water and all other obstructions that occur  without our fault or negligence. We will inform about such obstacles, as they arise. If the obstacles mentioned in the above cases last longer than 4 weeks after the originally applicable delivery times, the client can withdraw from the buying contract. Further claims, especially compensation or indemnity are not applicable.

4.5. Loss or deterioration of the shipped goods
From the moment the goods are handed over to the shipping agent, the risk of accidental loss and/or accidental deterioration of the sold goods passes to the buyer. This applies regardless of whether the shipment is insured or not.

5. Payment methods. AQVAROSSA offers the following types of payment:

- Credit card
- Bank Transfer, Prepayment

5.1. If in exceptional cases and, contrary to the indication on the Online Shop, the ordered goods, are not available, the advanced amount will be credited immediately to the relevant Bank or credit card account.

5.2. The customer agrees to receiving invoices and credit notes in electronic Form only.

5.3. AQVAROSSA never covers the costs of a monetary transaction.

6. Price information

All prices on this website are subject to change without further notice. The prices in the AQVAROSSA Online Shop at the time of order are the valid prices for the contract. Where a product is listed at an incorrect price due to typographical, tecnical or any other error, AQVAROSSA shall have the right to refuse or cancel any order placed for the product listed at the incorrect price. The prices are final sales prices, including the legal VAT. All prices are indicated in CHF (Swiss francs), EUR and USD. Advance recycling fee, as well as administration fees, shipping and customs fees are included.

7. Retention of title

Until the full customer payment is registered, the goods remain property of Monsacro AG.

8. Revocation

8.1. Returns
The customer has the right to withdraw from the sales contract within fourteen days from receiving the goods.

The revocation period is fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, has taken possession of the goods.

In order to exercise your revocation right, you must inform AQVAROSSA (service@aqvarossa.com, Monsacro AG, Bergstrasse 6, 8700 Küsnacht, Switzerland) in written and within the revocation period (e.g. email or letter) of your decision to withdraw from this contract.

8.2. Consequences of the revocation
If the customer revokes this contract, the payment received from him (with the exception of any additional costs arising from choosing a type of delivery other than our offered standard), will be returned after receiving and examining the goods. The same means of payment  and currency used by the buyer for the initial transaction will be used for this repayment, unless otherwise agreed between AQVAROSSA and the customer. There are no additional fees for the revocation.

The goods must be returned to us immediately and no later than fourteen days after notifying us about the cancellation of this contract. The deadline is met if the goods have been dispatched before the expiry of the period of fourteen days.

The buyer must pay for any loss in value of the goods if this loss of value is due to unusual and unartful treatment of the goods.


8.3 Example revocation form
(If you want to revoke this purchase contract, please fill out this form and send it back.)

To [service@aqvarossa.com, AQVAROSSA, Bergstrasse 6, 8700 Küsnacht, Switzerland]:

I hereby revoke my contract for the purchase of the following good(s):
Order Date
Receiving Date:
Name of the customer:
Address of the customer:
Signature of the customer (only if notified in written):
Reason:

8.4. The goods can only be returned if:

- the goods are returned in the original packaging
- the product is unworn and unwashed
- no traces of use are visible (loss of quality)
- the items have not been opened (for example beauty products)
- the return takes place within the period of 14 days
- If several items are affected, they must be returned in the same shipment
- and no labels or seals have been damaged or removed by the customer.
Otherwise, the liability for damages is up to 100% of the purchase price.

8.5. The shipping costs of the return and any customs charges are to be borne by the customer.

8.6. If the goods are lost or damaged during the return, no costs will be reimbursed. We recommend using delivery companies that offer track and trace shipping services.

8.7. Please note that we can only accept returns from the respective country of delivery. The delivery happened within Switzerland, the return will therefore only be accepted if sent from Switzerland.

9. Refund of the purchase price

9.1. After we have received and checked the returned goods, we will inform you by e-mail about the credit to be reimbursed.

9.2. If you used the prepayment option, the refund will be done to the account from which the transfer was made. Please ensure that you have access to the specified bank account, as Monsacro AG takes no liability for this. If you have paid by credit card, the refund will be made to your credit card account.

9.3. The time of the refund depends on the respective payment method. The refund will always be in Swiss Francs. Any losses due to currency fluctuations will not be reimbursed.

10. Damaged or incorrectly delivered items

If the customer received a damaged or an incorrect item, AQVAROSSA will take back this article, or, if necessary exchange or credit the value of the goods back to the customer. For this please contact the AQVAROSSA Customer Service at (service@aqvarossa.com) and the procedure to follow will be as described in Section 8.

11. Complaints

AQVAROSSA wants satisfied customers, this is our top credo. For any questions and / or doubts, the AQVAROSSA customer service (service@aqvarossa.com) is at your disposal.

12. Warranty

AQVAROSSA does not offer any guarantee on any of the articles sold. Should a production error manifest with proper and careful use, AQVAROSSA offers a repair service. Normal wear and tear caused by wearing, washing, etc. are excluded.

13. Registration & Privacy

13.1. The customer is responsible for providing truthful and complete information when entering his/her personal information. The customer is obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The confirmation of the registration follows immediately after sending the application by clicking the button.

13.2. The customer is solely responsible for the content that he/she posts in accessible areas and must not violate third parties’ rights. Claims on storage or publication of Customer owned content (such as product reviews but not limited to) does not exist.

13.3. The customer must refrain from any actions that may disrupt any of the AQVAROSSA web sites, misuse of the data accessible on the exclusive customer internal platform. Tampering with the aim of obtaining unauthorized payments or other benefits to the detriment of AQVAROSSA or other users may, in addition to loss of access, result in legal action to the discretion of AQVAROSSA. The access rights entitles to the use of the online resources and offer as well as to the use of the contents for own private, not commercial purposes.

13.4. Each customer is only entitled to one customer account. AQVAROSSA reserves the right to eliminate/cancel multiple registrations or to delete or modify content (virtual house right) and to warn or terminate customers who violate these provisions as described in Section 13 of this document.

13.5. AQVAROSSA is not obliged to accept neither the registration nor the order of a registered customer. AQVAROSSA is not obliged to keep its product offer permanently available. Orders already confirmed by AQVAROSSA remain unaffected.

13.6. For more details on the privacy policy, please read in detail the form "Privacy Policy".

14. Protection of industrial and intellectual property

14.1. The materials on this site are for informational and promotional use only: information, images, photographs, trademarks and any other materials contained on this site are and will remain the exclusive property of Monsacro AG.

14.2. The reproduction (in whole or in part), distribution, publication, transfer, modification and sale of the content of this website is strictly prohibited.

14.3. Only the personal, non-commercial use of the material on this website is permitted: This use grants no rights or claims to any of the content contained here. Therefore, any use other than that described above is prohibited and constitutes a violation of the IP rights of Monsacro AG.

15. Final provisions

15.1. Governing Law
Swiss law applies. Fulfillment and jurisdiction is Zurich.

15.2. Ineffective business terms
Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of all other provisions or agreements. The relevant statutory provisions shall apply in substitution of those ineffective provisions.

15.3. The present General terms and Conditions and all related matters are governed by the substantive laws of Switzerland. Any and all disputes arising in connection with these terms and conditions will take place in the courts of Zurich/Switzerland.

COMPANY INFORMATION/LEGAL NOTES

AQVAROSSA owned by Monsacro AG
Based in Bergstrasse 6, 8700 Küsnacht, Switzerland
Commercial Registry (Zurich): CH-170.3.040.983-6
VAT.: CHE-285.099.657