Terms and Conditions
Gstaad Palace Royal Hotel Winter & Gstaad Palace AG
Our deliveries are subject to these Terms and Conditions (T&Cs) exclusively. These T&Cs shall apply to the processing of all orders placed with Gstaad Palace Royal Hotel Winter & Gstaad Palace AG via the Internet. These T&Cs shall be deemed to have been accepted by the customer upon receipt of our goods at the latest. Our online product offers are only valid for as long as they are displayed on our website and while stocks lasts. The images shown on our website are for illustration purposes only and are not legally binding.
2. Conclusion of the contract
Our website does not represent an offer in the legal sense, but, rather, an invitation to offer. By placing an order by way of pushing the button “Submit order”, you are submitting a legally binding offer for the conclusion of a purchase agreement. You will subsequently receive an email which confirms the receipt of your order. The acceptance of your order and, thus, the conclusion of the contract take place by means of an order confirmation being sent. All offers and quotations are subject to confirmation. We are entitled, on any grounds whatsoever, to refuse to accept any offers or to confirm them. We reserve the right to change our prices and products at any time. We deliver worldwide. The costs for customs clearance and other costs arising in the country of delivery shall be borne by the customer. The minimum order value is CHF 50.00.
If, after confirming the order, it is determined that we are unable to carry out the delivery in whole because individual products are temporarily out of stock, we shall notify the customer of a new delivery date.
3. Prices and shipping costs
All prices include statutory VAT. Currently, the shipping costs vary from CHF 9 to CHF 20 depending on the shipping option within Switzerland and from CFH 45 to CHF 278 depending of the country and the shipping option outside of Switzerland.
4. Delivery times
All deliveries will be performed within six business days. Should a certain product be out of stock, we will promptly notify you of a new delivery date.
5. Payment terms
Payment shall be made at our sole discretion by credit card, Postfinance Card or Paypal. The invoice total will be charged upon provision of our order confirmation. In the event of late payment, we reserve the right to charge a reminder fee. You may only assert a right of retention if the underlying claims stem from the same contractual relationship. Payment by cash or cheque is not permitted. We hereby exclude any liability in the event that an item gets lost.
6. Retention of title
We will retain the legal title to any products delivered by us until the purchase price has been paid in full. The customer is obliged to cooperate with regard to any measures required to protect our property. In particular, by concluding the contract, the customer authorises us to register or note the retention of title in public registers, books and suchlike, at his/her own expense, in accordance with the applicable national regulations and to fulfil all corresponding formalities.
7. Right of return and return notice
If you are a consumer, i.e. a natural person, who purchases an item for a purpose that cannot be attributed to your commercial business activity or your self-employed occupation, you have the right of retention that is set out below. This does not apply to goods that have been specially made for you according to your individual specifications.
You may return the received goods within 14 days, without having to give reasons, by sending the goods back to us. This limitation period shall commence upon receipt of this notice in writing (e.g. letter, fax or email) but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before the performance of our legal obligation to inform and our other legal obligations. Only where the goods in question cannot be sent by mail (e.g. bulky goods) are you entitled to also demand that they be taken back by submitting a request in writing. The timely sending of the goods or of the request for the goods to be taken back shall be deemed sufficient for observing the limitation period. In all cases, the goods will be returned at our expense and risk. The request for the goods to be taken back must be sent to:
Letter: Gstaad Palace Royal Hotel Winter & Gstaad Palace AG, Palacestrasse CH-3780 Gstaad; Email: firstname.lastname@example.org
Consequences of return
In the event of a valid return, the mutually received services shall be returned, along with any benefits derived therefrom. You are obliged to compensate us for the respective value in the case of deteriorated goods and for any benefits (e.g. benefits of use) that cannot be returned either in full, partially or only in deteriorated condition. You are only required to compensate us for the deterioration of the goods or for derived benefits if the derived benefits and the deterioration can be attributed to using the goods in a way that goes beyond the mere examination of their fitness for purpose and their characteristics. “Examination of their fitness for purpose and their characteristics” means the testing and utilisation of the respective goods to the extent that would be customary and possible in a shop. The duty to refund any payments must be performed within thirty days. The limitation period shall commence for you upon sending the goods or the request for the goods to be taken back; for us, it shall commence upon receipt thereof.
End of return notice
8. Warranty and right to exchange
The statutory warranty provisions shall apply. In the case of a defective delivery, please contact our customer service department by email (email@example.com) immediately upon discovering the defect. You may return the defective goods free of shipping costs. We will replace defective goods. If, in individual cases, the provision of a replacement is not possible or reasonable, we will refund you the invoiced purchase price. Likewise, in the event of an incorrect delivery please contact our customer service department by email (firstname.lastname@example.org) immediately upon discovery. You may return the wrong goods to us free of shipping costs. The purchase price will be re-credited upon receipt of the goods.
9. Data protection
During the initiation, conclusion, processing and cancellation of a purchase agreement, we will collect, save and process data in compliance with the legal provisions.
When visiting our website, the IP address, date and time, the browser type and the operating system that your PC currently uses, as well as the pages visited by you, will be recorded. This does not enable us to make any inferences to your personal data and we do not intend to do so, either.
The personal data that you disclose to us when e.g. placing an order or sending an email to us (e.g. your name and contact details) will be used for communicating with you and will be processed for the purpose for which you have provided such data. We will pass on your details to the forwarding company that has been assigned with the delivery, provided that this is necessary to deliver the goods. In order to process payments, we will forward your payment details to the financial institution that has been assigned with processing the payment.
An analysis of personal data will not take place. For statistical purposes, such as to determine the traffic on the website on any given day, data will be analysed anonymously. We warrant that we will not disclose your personal data to third parties in any other way, unless we have a legal obligation to do so or you have explicitly provided your prior consent. Where we use the services of third parties to perform and implement data processing procedures, we will comply with the provisions of the Swiss Data Protection Act.
10. Place of jurisdiction, applicable law, severability clause
If you are a merchant, a trading company or a legal entity pursuant to private or public law, or a special fund governed by public law, then the place of jurisdiction for any disputes arising from or in relation to this contractual relationship shall be in Saanen, Switzerland, although we are entitled to assert claims against you at your place of residence or registered office or at any other place of jurisdiction permitted by law. In the case of disputes arising from consumer contracts, you may assert a claim at the place of residence or of the registered office of either party.
All legal relationships between us and the customer shall be governed by the substantive laws of Switzerland, under exclusion of the UN Convention on the International Sale of Goods (Vienna Convention, CISG). If you are a consumer, the legal provisions of the state in which you usually reside, which cannot be derogated from by agreement, shall apply in addition. Should individual provisions of these T&Cs be invalid, the remaining provisions shall not be affected thereby.
11. Address, contact details, customer service
Name and registered office of the company: Gstaad Palace Royal Hotel Winter & Gstaad Palace AG, Palacestrasse CH-3780 Gstaad, Switzerland
Company No.: CH-092.3.008.546-3
Swiss VAT Reg. No.: CH 242.746
Director: Andrea Scherz
Contact for customer enquiries: You may choose from the following options:
Enquiries about products: (email@example.com);
enquiries about orders, deliveries and invoices: (firstname.lastname@example.org).
The entire content of our website, such as text, images, graphics, other files and software, is protected by copyright and other laws that serve the protection of intellectual property. It may not be copied, amended, or used on other websites, either for commercial purposes or for purposes of forwarding to third parties.
Gstaad Palace Royal Hotel Winter & Gstaad Palace AG reserves all rights. Any use requires our explicit prior consent.
Gstaad Palace Royal Hotel Winter & Gstaad Palace AG, c/o Ernst Scherz, Hotel Palace, CH-3780 Gstaad, Switzerland
Version: 01 November 2011