Terms and Conditions

 

 

 

Van der Graaf couture website (our "Site") and related services is made available to you in accordance with the following Terms of Use; Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.vandergraafcouture.ch. VAN DER GRAAF COUTURE is the trading name, a company registered in Switzerland under registration number 5381426. Our registered address is Bergstrasse 209, Uetikon am See, CH-8707, Switzerland. In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about our Privacy Policy before you use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however. We may modify the TOS from time to time. Please read the TOS and re-read then again frequently. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

ORDERS

All orders are subject to acceptance and availability.

VAN DER GRAAF COUTURE offers products for sale that are in stock and available. Please be aware that we may be unable to deliver selected merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

VAN DER GRAAF COUTURE will store a record of your transactions for a minimum of one year.

 

PRICING POLICY

Prices shown on the Site are in CHF and are inclusive of VAT at the applicable rate for Switzerland. All prices and offers remain valid as advertised from time to time. The CHF price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by us. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in CHF, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed and paid, you will receive an email acknowledging the details of your order. Unless you cancel your order, acceptance of your order and completion of the contract between you and VAN DER GRAAF COUTURE will be completed when we email you to confirm receipt of your order. At that time we will give you an estimated delivery date. The sale contract is therefore concluded in Uetikon am See, Switzerland and the language of the contract is English or German. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

PAYMENT

Payment can be made by Visa, Visa Electron, American Express, MasterCard, using Paypal and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon receipt of your order if the goods will be dispatched within fourteen days. If the estimated dispatch date payment will be taken on the date of dispatch. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to VAN DER GRAAF COUTURE, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site using the Paypal payment option are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple, and secure, VAN DER GRAAF COUTURE uses Paypal or direct bank transfer. VAN DER GRAAF COUTURE will give their banking details upon request. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

INSURANCE

VAN DER GRAAF COUTURE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by VAN DER GRAAF COUTURE, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders as quickly as possible. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. VAN DER GRAAF COUTURE are not responsible for any delays caused by destination customs clearance processes.

 

CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Van der Graaf couture , Bergstrasse 209, CH-8707, Uetikon am See or by email to: vandergraafcouture@me.com. For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us unworn and in perfect condition so that it can be resold, at your own cost. Cancelled orders should be returned to: Returns Van der Graaf couture, Bergstrasse 209, CH-8707, Uetikon am See. All items must be returned unused and in their original condition, from the original delivery country.

 

INSURANCE AND DELIVERY

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at the above address. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.

Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your RMA at VAN DER GRAAF COUTURE. An RMA can be obtained by sending an e-mail to vandergraafcouture@me.com requesting it.

 

OUR POLICY

Items should be returned unused and with all VAN DER GRAAF COUTURE tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

Please email vandergraafcouture@me.com if any of your purchases have been delivered without VAN DER GRAAF COUTURE tags. All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

 

FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within two months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

 

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on VAN DER GRAAF COUTURE . However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

 

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including VAN DER GRAAF COUTURE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by VAN DER GRAAF COUTURE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. VAN DER GRAAF COUTURE tries to ensure that the information on this site is accurate and complete. VAN DER GRAAF COUTURE does not promise that VAN DER GRAAF COUTURE 's Content is accurate or error-free. VAN DER GRAAF COUTURE does not promise that the functional aspects of the Site or VAN DER GRAAF COUTURE 's Content will be error free or that this Site, VAN DER GRAAF COUTURE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

 

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

 

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than VAN DER GRAAF COUTURE, including advertisers. VAN DER GRAAF COUTURE has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

YOUR RIGHTS

You have certain rights under the law. In Switzerland these include:

1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

2. Certain remedies if a product is defective; and

3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in the TOS is intended to affect these rights.

 

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us VAN DER GRAAF COUTURE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and VAN DER GRAAF COUTURE as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of VAN DER GRAAF COUTURE , and we shall not be liable for any representation, act, or omission on your part.

 

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

 

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Swiss law and the relevant courts of Switzerland will have exclusive jurisdiction

 

 

Returns Information

 

Faulty items

The procedures set out here to cancel an order or return an item do not affect your right to reject faulty goods.

Please note that certain items cannot be returned unless we are at fault.

These are personalised or engraved items.

Returns by post

If you wish to return goods, you have a duty to keep them in your possession and to take reasonable care of them until you return them. Please contact us if you would like to return your order and obtain a Returns Reference Number. Goods must be returned in their original condition, including immediate packaging, within the cooling off period.

Please return products by post to our office within 14 days of receipt for a refund or exchange. Purchases delivered to international addresses must be returned by post. Please ensure that the despatch note is returned with your products as proof of purchase.

From within and outside Switzerland, please address your parcel to:

Returns Department

Van der Graaf couture

Oeltrottenstrasse 7

CH-8707, Uetikon am See

We'll refund the full price you paid for the products, using the same method you used to pay for them, within 14 days of us receiving the products.

If products are returned to our fulfillment centre, you should obtain proof of postage from the Post Office. This is particularly important if you are an overseas customer, where it may take longer for parcels to reach us. Any claims for lost items will not be accepted if proof of postage has not been obtained.

Reasonable care:

You have a legal obligation to take reasonable care of the products while they are in your possession. When we say 'reasonable', we mean:

* You can open the packaging to look at and try on the products, as you would in our store.

* Please don't try on products wearing strong perfume, aftershave or a make-up that may leave a scent or marks.

* Tags shouldn't be removed from any item.

* The original packaging should be retained.

 

If you don't take reasonable care of the products before returning them to us, you may have to compensate us.

Unfortunately we can't stop an order once it's been confirmed by us. If you change your mind about your order after this point, you can return the products in accordance with this returns policy.

This returns policy does not affect your statutory rights in respect of defective products.

 

Name:*

Email Address:*

Date of Purchase:*

Reason for Return:*

 

Data Protection

Van Der Graaf Couture appreciates your interest in our company and its products. We take the protection of your privacy when using our websites very seriously. In the following we are pleased to inform you about the collection of anonymous and personal data.

 

Anonymous data collection.

In general, you can visit the website of Van Der Graaf Couture on an anonymous basis, i.e. without informing us of who you are.

 

Cookies.

We do not use cookies.

 

Collection and processing of personal data.

We save and process personal data only if you provide us with this information voluntarily, e.g. by completing a contact form or sending us an email. No data will be passed on to other third parties.

 

Copyrights

Copyright 2016 Van Der Graaf Couture. All rights reserved. The content including pictures and the design of the Van Der Graaf Couture website are subject to copyright protection and other laws for the protection of intellectual property. No dissemination or alteration of the content of these pages or of the frames or similar measures are permitted. Moreover, these contents may not be copied, disseminated, modified or made available to third parties for commercial purposes.

 

Liability

The information that Van Der Graaf Couture presents to you on this website is compiled and updated periodically. It is impossible to guarantee freedom from all errors. For this reason, Van Der Graaf Couture disclaims and excludes all liability or warranty with regard to the accuracy, completeness and up-to-dateness of the information provided on this website. There is no warranty of merchantability, no warranty of fitness for a particular use, and no other warranty of any kind, express or implied, regarding the information or any aspect of this website.
In no event will Van Der Graaf Couture or other companies mentioned at this site be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the content contained at any or all such sites, including but not limited to damages to computer system, data or any personal objects resulting from the downloading of material and/or data from this website or from websites reached by links from this website.
Van Der Graaf Couture reserves the right to undertake alterations or additions to the information or data provided at all times without further notice. Insofar as our Internet pages contain forward-looking statements, these statements are based on opinions and estimations of Van Der Graaf Couture Management and are subject to risks and uncertainties. Van Der Graaf Couture is not obliged to update such forward-looking statements. All liability for such statements is expressly excluded.

 

Trademarks

Unless otherwise indicated, all trademarks used on Van Der Graaf Couture Internet pages are protected by trademark law. The same applies to company logos and signs.

 

Licensing rights

The intellectual property contained on this website is legally protected through copyrights. This website does not grant any license to use the intellectual property owned by Van Der Graaf Couture. Duplication, dissemination, reproduction and further transmission and other use are prohibited without the written consent of Van Der Graaf Couture.

 

Use of this Website and Agreement to Terms

Use of this website and the interpretation of this Disclaimer shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law provisions. Any dispute arising out of this Agreement shall be resolved in the courts in Switzerland. Through your continued use of this website, you agree to submit to the personal jurisdiction of the courts of Switzerland. Van Der Graaf Couture may change this Disclaimer at any time without notice to you and without liability to you or any other party. It is your responsibility to periodically check this Disclaimer for changes. If you do not agree to any changes made to the Disclaimer, you should cease use of this website. Continued use of this website signifies acceptance of any changes made to the Disclaimer.

 

 

VANDERGRAAFCOUTURE

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