Terms and conditions
Version last updated 10 April 2019
Please read carefully the following Terms & Conditions (hereinafter “TC”) that govern the use of Sakuben.ch (hereinafter ”Website”).
0. Scope of application
The following TC concern and apply to all legal transactions made within our Website. The TC can be changed at any time and may be called up under Terms & Conditions and printed out or stored locally at any time.
All items displayed on the Website are available for purchase (when displayed as such and made accessible for) while stocks last and for customers aged +18 at the moment of the obligation to pay.
You acknowledge that the offer on the Website can be purchased with the advantage of being locally available in Switzerland.
Sakuben.ch contact e-mail is : firstname.lastname@example.org
Sakuben is a brand distributed by the company Saku, B.Tibo, company registered in the canton of Neuchatel in Switzerland, CHE-494.576.982.
1. General information
1.1 Clothing, accessories and superfoods
The Website offers an exclusive range of clothing, accessories and superfoods (hereinafter “offer”) to customers living in Switzerland (place of residence or place of business).
The total amount of the shipping fees is indicated on the website during the order process and may vary depending on the type and/or quantity of product(s). A minimum fee will start from CHF 8 (eight Swiss Francs). All orders above CHF 100 (one hundred Swiss Francs) have a free delivery. Deliveries are made only within Switzerland to the address that is indicated during the registration or the order.
If for any reason Swiss Post cannot deliver the placed order during the usual business times, Sakuben.ch accepts no responsibility for the delivery of the product. Sakuben.ch reserves the right to withdraw from the contract should the delivery be unsuccessful twice. Payments already made by you are in this case will be reimbursed minus the shipping costs caused.
Deliveries are usually made within 2 (two) working days and up to 5 (five) working days. Sakuben.ch assumes no liability in the case of a theft, loss or any damage of a package after shipment in proper form. Any customised request to suit your needs must be clearly indicated in written during our order and may cause additional fees.
In cases of force majeure the delivery period shall be prolonged accordingly. Force majeure is considered in particular to be strike, lockout, governmental interventions, energy and raw material shortages, transport bottlenecks, operational disturbances e.g. through fire, water, machine damage and lightning strike and all other disturbances, such as e.g. later delivery by product suppliers, which Sakuben.ch could not foresee and was not responsible for.
Sakuben.ch will inform you by e-mail the event of a delay. However, this shall not lead to any entitlement to a reimbursement of costs or compensation in any case.
1.3 Retention of title
Title to the products will be transferred to you only upon the complete payment of the purchase price. Sakuben.ch is entitled to arrange for the entry of a corresponding retention in the competent retention of title register. By confirming these TC you give your consent in all essential points to the entry of such retention of title. In addition, you are obliged to confirm once again your consent in all essential points to Sakuben.ch at first request to the entry of the retention of title (Art.4 (4) of the Swiss Federal Court Regulation on the Entry of the Retention of Title. Until the complete payment of the respective purchase price you are not authorised to resell a product.
1.4 Right of revocation
You have the right to revoke an order at any time before receipt of the delivery without stating grounds through the contact form or to return this up to 5 (five) days after receipt to Sakuben.ch. The goods must be sent back to us undamaged and complete, in the original packaging (including label) together with the delivery note within 5 (five) days after receipt.
For this please contact us at email@example.com. In this way you have the guarantee that your return consignment will be returned to the correct address and be processed quickly and without errors.
If orders from Sakuben.ch are returned the postage costs for the return consignment will be borne by you. This also applied to cancellations of orders that you have not received yet but which have already left our warehouse and whose delivery can no longer be stopped.
If a return is due to an error committed by Sakuben.ch, the paid amount is refunded to the credit card used for payment. Shipping fees for the return shall be refunded by gift voucher. In any other case, the customer shall be offered a gift voucher.
The return consignment is especially excluded for the following products :
Articles from special offers (e.g. sales)
Articles for the notice “no return possible”
Sakuben.ch reserves the right to reduce the amount of the credit item proportionately in the event of the deterioration of the product.
If the delivery is not made within 3 (three) days after the expiry of the delivery period indicated in the detailed description, you will have the right to withdraw from the contract. Payments already made will not be reimbursed in this case. Any further obligation to pay damages by Sakuben.ch is excluded. It may happen that for some items, the delivery might take longer than 2 (two) days up to 5 (five) days, you will be notified either way.
1.6 Faulty and defective goods
It is your responsibility to check the delivery upon reception of the order.
If the delivered product does not correspond to the ordered product, the delivered product is faulty (e.g defective, whereby the defect is not attributable to your fault) or the delivery is incomplete, you must notify this to Sakuben.ch within 2 (two) working days through the contact form or by e-mail (firstname.lastname@example.org). At the same time you must state whether you would like to withdraw from the contract or wish to receive a subsequent delivery.
Then you have to send back the delivered product in its original packaging within 5 (five) working days. You will receive corresponding instructions and assistance from your Customer Service department.
Sakuben.ch assumes no procurement risk. Sakuben.ch is only obliged to deliver from the existing product stocks and the quantity order and delivered by the product suppliers. In particular, you acknowledge that Sakuben.ch does not manufacture the products by itself, that Sakuben.ch does not have the corresponding capacities to repair defective products and that it is in any case impossible or possible only at disproportionate cost implications for Sakuben.ch to procure replacement products at all or within a reasonable period from product suppliers.
If you withdraw from the contract, you will be reimbursed with the full purchase price.
If a subsequent delivery of a product is not possible for reasons outside of the responsibility of Sakuben.ch, Sakuben.ch assumes no liability and is not obliged to pay damages based on this.
1.7 Manufacturer’s warranty
All product-specific details are based on information from our products suppliers. Sakuben.ch uses these details for purely information purposes and can therefore not be made responsible for their content. This likewise applies to the photos of the articles, which are shown in agreement with our Partners.
You acknowledge that Sakuben.ch does not produce the products by itself and does not assume any manufacturer’s warranty. Such manufacturer’s warranties exist at best if these are stipulated in the detailed descriptions of the product concerned or where applicable on packaging inserts or warranty notices, which are delivered with the product. Claims based on such manufacturer’s warranties in this regard made be directed only against the respective product supplier or guarantor (and not Sakuben.ch). Sakuben.ch hereby assigns any own claims under such manufacturer’s warranties with reference to the product concerned to you and grants you, if such an assignment is not possible, a corresponding authorisation to exercise rights.
All listed prices on the Website are net prices in Swiss Francs (CHF). The prices stated on the Website at the time of order placement apply. The shipping fees and possible fees related to the payment are calculated separately and listed in the order summary. The total cost of the order may depend on the type of shipping and the payment method.
3. Payment methods
Before completion of the order process, you have the possibility to select the payment type. The following possibilities are available :
Payment by credit card (Visa, Mastercard)
Payment via PayPal payment service : The general terms and conditions of PayPal (www.paypal.ch.apply). By confirming a purchase order you expressly declare that you agree to PayPal’s general terms and conditions.
Any credit in form of voucher or credit note on your Sakuben.ch account can be used for purchases on Sakuben.ch. Please note that those need to be redeemed before the end of the order process.
Credits cannot be paid in cash or yield interest.
Any credits, vouchers or credit notes shall expire not later than one (1) year after the respective issue date if not mentioned otherwise.
5. Limitation of Liability
It is expressly agreed that your legal remedies in the event of poor or non-fulfilment is limited to the right of revocation as laid down above as well as to the claims as laid down above and any further liability, obligation to pay damages or other assertion of a claim by Sakuben.ch is excluded if such an exclusion is permitted by law.
In other respects Sakuben.ch is liable only for your damage that was brought about intentionally or with gross negligence by employees of Sakuben.ch. For damage due to slight negligence no liability is assumed. If permitted by law, the liability for damages caused by vicarious agents is excluded.
6. Changes in Services and Technical Errors
Sakuben.ch reserves the right to amend, restrict or suspend the scope and the functionalities of Sakuben.ch at any time.
Although Sakuben.ch makes every effort to ensure maximum availability, it cannot be excluded that Sakuben.ch will temporarily not be available through preventive maintenance work. In isolated cases this can also result in a loss of data. Sakuben.ch is not liable for any disruptions in the availability of Sakuben.ch or any data losses.
In cases which prices on Sakuben.ch are shown incorrectly due to technical errors, both you as well as Sakuben.ch are entitled to declare a contract regarding the purchase of vouchers or products to be non-binding. The burden of proof regarding the technical error in this regard will be borne by Sakuben.ch. Payments already made will be reimbursed to you without undue delay.
The Partners and product suppliers concerned alone are responsible for the proper and flawless provision and performance of the goods and services to be purchased with the vouchers as well as the products, and Sakuben.ch does not assume any liability whatever in this regard.
7. Intellectual Property
Sakuben.ch and its Partners and products suppliers retain all copyrights and other rights to Sakuben.ch as well as the contents, information, images, videos and database published through Sakuben.ch. Any alteration, copying, publication, disclosure to a third party and/or other exploitation of the copyrighted property without prior written consent of Sakuben.ch is expressly prohibited.
8. Prohibition of Commercial Usage
A person who operates such a commercial use is excluded from the online sales offered on Sakuben.ch and held accountable for any damage incurred by Sakuben.ch.
9. Data Protection
You will be notified and informed in detail about the nature, scope and purpose of the collection, processing and use of the personal data required for executing orders by Sakuben.ch in the data protection provisions. The data protection provisions are an integral part of these TC and may be called up at Sakuben.ch. By accepting these TC you consent also the data protection provisions.
10. Amendment of the Present Terms
Sakuben.ch may amend these TC at any time for example in order to implement legal requirements or take into account changed functions. You can find the currently applicable provisions on Sakuben.ch. Should you not agree to the amended TC, you can unfortunately no longer use our service.
11. Miscellaneous Provisions
Severability clause : Should one provision of the TC be or become invalid or null and void, this shall not affect the validity of the other provisions. In the case of the invalidity or nullity and voidness of a provision this must be replaced by a valid provision that approximates most closely to the economic purpose of the invalid provision.
Applicable law : Swiss law shall apply to the exclusion of the provisions of private international law and UN Sale of Goods law (CISG).
If for any reason you don’t agree to the above TC, we kindly ask you to exit the Website now.