1. Scope of application
1.1. These general terms and conditions (hereinafter "GTC") apply to all sales contracts concluded between Urbany’s Switzerland GmbH, Butzenstrasse 56, 8038 Zurich, Switzerland (hereinafter "Urbany’s") and consumers via the Urbany’s online shop (www.urbanys.com).
1.2. The version of the GTC published on the homepage at the time of the order is decisive. The general terms and conditions are subject to change at any time. In addition, the relevant provisions of the Swiss Code of Obligations apply - unless the terms and conditions contain any provisions.
2. Conclusion of contract
2.1. The presentation of goods in Urbany’s online shop does not constitute a binding offer.
2.2. With the order you make a binding offer to buy. Urbany’s will send you an automatic order confirmation by email, which documents the order again. This automatic order confirmation only confirms that the order has been received by Urbany’s and does not constitute an acceptance of your offer.
2.3. The contract is only concluded when the goods are dispatched.
2.4. If delivery of the ordered goods is not possible, for example because the corresponding goods are not in stock, Urbany’s refrains from a declaration of acceptance. A contract is not concluded in this case. Urbany’s will inform you about this immediately and immediately refund any consideration already received.
3. Right of revocation
3.1. As a consumer, you have the following right of withdrawal when purchasing from the Urbany’s shop.
Right of revocation:
You have the right to withdraw from this contract within 30 days without giving any reason. The cancellation period is 30 days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration. To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired. Preferably by email to firstname.lastname@example.org.
Consequences of the revocation:
If you want to cancel this contract, we have to reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting therefrom) immediately from the day on which you are notified of your cancellation of this contract received by us. We can refuse repayment until we have received the goods back or until proof has been provided that the goods have been sent back, whichever is earlier. The goods are to be returned immediately and in any case no later than 30 days from the day on which we were informed of the cancellation of this contract to the following address:
Urbany's Switzerland GmbH
c / o SG Spedition Deutschland GmbH
The deadline is met if the goods have been dispatched before the deadline of 30 days has expired. The direct costs of returning the goods are borne by the buyer. The buyer only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the nature, properties and functionality of the goods.
4. Retention of title and right of retention
4.1. The delivered goods remain the property of Urbany’s Switzerland GmbH until all claims against the customer have been settled in full.
4.2. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same sales contract.
5.1. Urbany’s is entitled to make partial deliveries, provided this is reasonable for the buyer.
5.2. The goods are delivered to the delivery address specified by the buyer.
5.3. The risk of accidental loss or accidental deterioration of the goods is transferred to the buyer when the goods are handed over.
6. Prices / shipping costs
6.1. The prices at the time of the order apply. All prices are retail prices, include the statutory value added tax and do not include shipping costs and any payment fees.
6.2. Urbany’s will inform you about the shipping costs and any payment fees before the contract is concluded. When ordering via the Urbany’s online shop, the price including VAT and any shipping and payment costs will also be displayed in the order mask before the contract is concluded.
6.3. If an order is to be sent to a delivery address outside of Switzerland, VAT will be deducted at the checkout. Please note that if the order is sent to a country outside of Switzerland, there may be additional import duties and taxes that are due when the package arrives at your delivery address. The buyer is responsible for paying such import duties and taxes. Please note that Urbany’s has no control over these fees, and since these are different for different countries, Urbany’s cannot predict their amount. Urbany’s recommends contacting the local customs authority for further information.
7. Payment Options
7.1. The following payment methods are available:
Payment with credit card:
You have the choice between VISA, Mastercard and American Express. Payment is made through our partner Stripe. Your credit card details are transmitted via a secure SSL connection and are not stored by us.
PayPal is an online payment service with which you can pay for your order easily, securely and quickly. To use this payment method, it is not necessary to be a registered PayPal customer. You can simply log into PayPal during the payment process.
Twint (only in Switzerland):
Pay quickly and securely in online shops and apps: with TWINT you don't have to enter a complicated card number. You simply pay in a few seconds with your smartphone via QR code. Open the TWINT app and point the camera at the QR code that you see in the online shop. Or enter the short code in the TWINT app that is displayed in the online shop or in the app.
Klarnas and Billpays payment options:
- Invoice: The payment period is 30 days from dispatch of the goods. You can find the billing conditions . Payment is made to Billpay.
Prepayment (bank transfer):
Urbany's Switzerland GmbH
Account number: 1579102-72-1
IBAN: CH59 0483 5157 9102 7200 1
BIC / SWIFT: CRESCHZZ80A
Your order will be shipped as soon as we receive your payment. Please note that the transfer can take different times depending on the bank.
Important: Please use your order number as the reason for payment when making the transfer.
8. Warranty and liability
8.1. Urbany’s guarantees to deliver the goods in perfect quality. Should there still be defects in the delivered goods, the customer is obliged to report the defects in writing within 30 days of delivery. After returning the defective goods, the customer receives a replacement delivery. If no replacement delivery is possible, Urbany’s Switzerland GmbH will refund the payment made. In addition, any claim to a reduction in price, cancellation or compensation for consequential damage caused by a defect is excluded, as far as legally permissible. Changes by the manufacturer in the external design of the product do not represent a defect; The images shown on the homepage are for illustration purposes only and are non-binding. In addition, the customer forfeits any warranty rights in the event of improper use of the goods.
8.2. Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from unauthorized action are excluded from Urbany’s, unless there is willful or grossly negligent action. Liability for indirect damage and consequential damage resulting from use, incorrect performance or loss of performance is excluded.
9. Data protection
9.1. Urbany’s uses the personal data you provide (such as name, address, email address, telephone number, account number and bank code) in accordance with the provisions of data protection law.
9.2. All personal information will be treated confidentially. The personal data necessary for business transactions are stored by Urbany's and used to process orders, manage customer relationships, deliver goods, process payments and avert bad debts and, if necessary, to service partners whom Urbany's uses to process contracts (such as forwarding companies or Credit institutions). Furthermore, data is used for our own advertising and marketing purposes, e.g. for sending written advertising information. Urbany’s uses your e-mail address to send promotional offers if the buyer has not objected to this. As far as the consent of the buyer is required for this, Urbany’s will obtain this in advance. A promotional approach by phone will also only take place with your express consent.
You can object to the use and processing of your data for your own advertising and marketing purposes at any time by notifying us.
10. Fraudulent acts, breach of duty
10.1. Urbany’s will immediately report fraudulent or other illegal actions. If the buyer concludes a contract with Urbany’s with fraudulent or illegal intent, Urbany’s is entitled to withdraw from the contract and to assert claims for damages.
10.2. Urbany’s is entitled to refuse to conclude contracts with the buyer. In particular, but not exclusively, if he violates his obligations from these terms and conditions.
11. Intellectual property
11.1. All industrial property rights, trademark rights and copyrights as well as the know-how in relation to our domains as well as in relation to the products sold via the Urbany’s online shop belong exclusively to Urbany’s or their subcontractors or licensors. Any use of these rights by you that is not for your personal, non-commercial use is prohibited without Urbany’s prior consent.
12. Applicable Law
12.1. All contracts concluded on the Urbany’s Switzerland GmbH website are subject to Swiss law. When ordering by private individuals for private use, the place of jurisdiction is based on the Jurisdiction Act. In all other cases, Zurich is the exclusive place of jurisdiction.