1. Cream della Cream有限公司，位於瑞士Lugano的Via Pietro Capelli 18，6900Lugano，其中Philipp P. Plein先生，firstname.lastname@example.org是首席執行官（以下簡稱“Cream della Cream Switzerland GmbH”或“我們”） ，在互聯網地址www.plein.com（以下簡稱“網站”）下運營一個網上商店。通過本網站所下訂單和我們的交付服務都僅限於遵循訂單所下時有效的標準條款和條件。除非我們以書面形式同意其申請，否則我們不承認客戶的任何不同條款和條件。
我們要求在歐盟和瑞士之內以書面形式提交退還貨物申請，例如， 通過信件，傳真或電子郵件。 Cream della Cream Switzerland GmbH 將安排UPS直接提取貨物，除非貨物在沒有事先要求退貨的情況下已經發送給我們。
Cream della Cream Switzerland GmbH
Via Pietro Capelli 18
Товары отправляются по адресу:
ITG GmbH Logistik
Cream della Cream
3. 在Cream della Cream Switzerland GmbH有限公司收到客戶的完整訂單之前費用不能被退回，所有商品標籤應保持原始狀態並保留原包裝。
1. 如果貨物正確退回，雙方必須退還所有收到的服務或被提供的使用權（例如使用的效益）。如果您無法或僅能夠部分返回或恢復服務或收到的使用權（例如使用的效益），或只是在惡化的條件下，您將需要賠償我們該部分的價值。您只需要賠償我們的劣化或退還通過使用獲得的價值，如果這種使用或劣化是由於使用方法不符合產品的質量和它的工作原理所導致。您無需賠償我們由於簡單地將產品以正確的方式使用而導致的劣化。如果您使用產品的方式不符合產品的質量及其工作原理，您只需退還通過使用獲得的價值。 “檢查產品的質量及其工作原理”包括試用和測試所討論的貨物，如可能和慣例的，例如在商店。
1. 您和Cream della Cream Switzerland GmbH之間的合同直到我們將訂購的商品發送給您才會生成。您屆時已經在我們網站上輸入訂單並給我們提交了一份有約束力的要約，這份要約將以便與您簽訂合同。一旦您在訂購過程中輸入了所有要求的數據，我們將執行訂單，最後通過按下“訂購併扣款”按鈕確認訂單。
2. Cream della Cream Switzerland GmbH有權不提供任何理由拒絕您的訂單。
3. 客戶在下訂單時默認由Cream della Cream Switzerland GmbH採取可能的部分分批送貨。
1. 貨物將僅採取UPS交付。 Cream della Cream Switzerland GmbH將承擔運輸到客戶的風險。
Cream della Cream Switzerland GmbH 可以為客戶提供五種支付方式(根據國家不同):
PayPal, Klarna (發票在14天內支付，只有在德國，奧地利，荷蘭可用), SofortÃ¼berweisung/iDeal,貨到付款或信用卡。
Cream della Cream Switzerland GmbH通過SSL連接（安全套接字層）對數據進行安全編碼。這種編碼方法保護您的信用卡數據免於在傳輸期間被竊聽和操縱。因此，未授權的人不可能在因特網中傳輸期間讀取該數據。商品將在銀行或信用卡公司確認已付款後立即發貨。
已發貨商品所有權仍將歸 Cream della Cream Switzerland GmbH所有直到支付完成。
Cream della Cream瑞士有限公司將僅在符合有關數據保護的相關法律的情況下存儲和處理所有客戶數據。特別是，個人數據只會被記錄和存儲，用以處理貨物訂單，或者，如果您已獲得您的明確同意，也被用於Cream della Cream Switzerland GmbH的營銷措施，例如發送訂閱通訊。我們不會超過必要保留個人資料。我們不會將個人數據轉發給第三方。該第三方不包括Cream della Cream Switzerland GmbH的服務合作夥伴需要傳輸數據以處理訂單。然而，在這種情況下，發送的數據量將被限制在所需的最小值。
1. The below Terms and Conditions apply to any delivery transaction of the Seller. The Buyer placing the order constitutes the Buyer's legally binding acceptance of the Terms and Conditions.
2. Any contrary General Terms and Conditions from the Buyer only become part of the Agreement if the Seller has or will accept them in writing (i.e. not by silence). The Seller objects to any contradicting Terms and Conditions of the Buyer unless those have been or will be accepted in writing.
2. Agreement conclusion
1. All Seller's offers are subject to change.
2. The prices are net prices to which statutory value added tax is added. Furthermore, the Buyer will be charged the costs for packaging, freight, expenses such as customs duties and other shipment costs. Special surcharges shall be charged for individual and customized orders.
3. Any verbal information and agreements, especially with the Seller's field office, sales representatives or employees in the showrooms require explicit written confirmation by the Seller in order to become binding for the Seller. 4. Redispositioning within the framework of a placed order is only permitted by written mutual agreement.
3. Delivery and Delivery Time
1. The Seller is entitled to make partial deliveries. The Buyer agrees to unsorted partial deliveries provided that the subsequent delivery is delivered within the agreed upon delivery period after receipt of the respective partial deliveries.
2. The Seller will never conclude sales that are to be performed at a fixed point in time. The specified delivery times are estimates that only express approximate delivery times. If, in individual cases, a delivery time has been agreed upon in writing it is considered fulfilled if the goods that are to be delivered have been dispatched at the deadline or if the Buyer has been informed of the readiness for dispatch in those cases in which the Buyer is to pick the goods up.
3. Force majeure and other extraordinary events that are outside the Seller's influence and which make the delivery within the arranged delivery period significantly more difficult or impossible, e.g. strike, sickness, disturbances in the business operations of the pre-suppliers, extend the delivery time by the duration of the interference. The Seller shall inform the Buyer immediately once such events occur, as soon as the Seller determines that they will impact the delivery time. At the same time, the Seller specifies the estimated duration of a required extension of the delivery period. In these cases of non-availability, the Seller is entitled to withdraw from the Agreement if it has not yet been fulfilled. The Seller shall immediately after becoming aware of the non-availability notify the Buyer if it intends to withdraw from the Agreement.
4. If the Seller is late with a delivery, it shall be granted an additional 18 days to deliver. After unsuccessful expiry of these additional days to deliver, the Buyer is entitled to withdraw from the Agreement only, and limited to the portion of the delivery obligation that has not yet been fulfilled, if the Buyer informs the Seller in writing upon occurrence of the delivery delay that it will reject fulfilment of the Agreement after unsuccessful expiry of additional days to deliver of at least 18 days. In this case, the Buyer may only request compensation for non-fulfilment instead of exercising the right to withdraw if the Seller or its vicarious agents have intentionally or through gross negligence caused the delivery delay. In exceptional cases, in the event of a partial delivery delay caused by the Seller, the Buyer is entitled under the aforementioned conditions to withdraw from the entire Agreement or request compensation due to non-fulfilment of the entire delivery obligation if the partial fulfilment of the Agreement is of no interest for the Buyer by applying strict assessment criteria.
4. Shipping and Transfer of Risks
1. The goods shall be delivered from the Seller's warehouse. Place of fulfilment for all services under the Supply Agreement is the location of the Seller's warehouse.
2. The Buyer bears the shipping costs including all incidental expenses, such as packaging and customs duties.
3. With the transfer of the goods to the Buyer, forwarding agent or freight carrier or any other individual or establishment who has been commissioned to carry out the shipment, however no later than at the time of leaving the warehouse, risks are transferred to the Buyer. The Seller is only liable for defects regarding the packaging of the goods, its shipment or the choice of the transportation means or route of transport if the Seller or its vicarious agents have acted intentionally or grossly negligent.
4. The Seller is only obligated to effect a transport insurance if the Buyer specifically requests it. The costs shall be borne by the Buyer
5. If shipment of goods is delayed for a reason that is not the Seller's responsibility, risk is already transferred to the Buyer at the time of notification of shipment readiness. In this case, the Seller is entitled to store the delivery item at the Buyer's expense and risk at the Seller's own discretion and request immediate payment of the invoice amount.
6. If the Buyer does not accept shipped goods or does not accept them on time, the Buyer must bear any resulting additional transportation costs and incurring storage costs. The Seller will charge those separately.
1. The Buyer is obligated to thoroughly check the goods immediately upon receipt. The Buyer must inform the Seller in writing of any deficiencies and complaints within no later than 10 days after receipt. Evidence in the form of photos of the deficiencies and complaints must be provided by the Seller who is a businessman/businesswoman as defined by Section 14 of the German Civil Code (BGB) and processing of the complaint must be carried out by using the online complaints program that has been set up by the Seller.
2. Warranty rights do not exist if the Buyer carries out or causes modifications to the delivered goods or has tolerated modifications by third parties.
3. Customary deviations and/or minor and/or technically unavoidable deviations in the quality, colour, weight and dimensions of the design do not entitle to claims and do not result in warranty claims unless compliance has been explicitly agreed upon.
4. In the event of material damage, the Seller is entitled to improvement or delivering replacement goods that are free of defects within two weeks after receiving the returned goods. Returning goods is only allowed if the Seller has agreed to it. If the Seller chooses improvement or replacement delivery and if this fails, the Buyer may request at its choice that the purchase price is reduced or withdraw from the Agreement with respect to the goods for which the improvement or replacement delivery has failed.
5. The Buyer may exercise the right of retention of the purchase price that it owes due to possible material defects or incompleteness only with regard to the partial amount which it would owe for the deficient or missing parts during proper delivery. Any withholding of payments to the Seller that exceed the aforementioned entitles the Seller to refuse fulfilment of its warranty obligation until receipt of such payments.
6. For new delivery items, the period of limitation for claims is one year from the date of the transfer of risks. The statutory periods in accordance with Section 478 of the German Civil Code (BGB) shall remain unaffected.
7. If a Buyer's claim proves to be unjustified, the Buyer shall bear the shipping costs for returning the goods. In addition, the Buyer shall bear an administrative fee of Euro 5.00 for each item which the Seller invoices for when returning the goods if the Buyer cannot provide evidence that the incurred costs where less than the charged flat rate.
1. Buyer claims, especially for compensation or lost profit are excluded, unless they are based on an intentional or grossly negligent breach of contract by the Seller or its statutory representative or its vicarious agents.
2. If the Seller is liable to pay compensation even in cases of common negligence based on particular agreements or obligatory legal provisions, the amount of the compensation that is to be paid by the Seller is limited to a maximum of 100% of the delivery value and the damage which the Seller should specifically have anticipated at the time of the Agreement conclusion, by considering all circumstances that were known at this point in time as possible results of the contract breach or other actions that obligate to pay compensation. In the event of a delay, the compensation is furthermore limited to a maximum of 0.5% of the delivery value for each completed week of the delay.
7. Terms of Payment/Set-Off Prohibition
1. The invoice is issued on the day of delivery or provision of the goods. Any postponement of the invoice value date is excluded unless agreed to otherwise.
2. 30% of the invoice amount is due upon receipt of the confirmation of the order prior to the start of production; the remaining amount is due upon delivery in the form of cash or bank-certified cheque. Any payment terms that deviate from the aforementioned require written confirmation by the Seller.
3. The Seller does not grant any cash discount deduction.
4. Any costs that incur as a result of accepting bills of exchange or cheques, especially discount charges and interest shall be borne by the Buyer.
5. In the event of delayed payments, the Seller is entitled, without special announcement or giving notice, to charge interest on arrears in the amount of 8 percentage points above the respective base interest rate, however no less than 12% p.a. For each payment reminder, the Seller is entitled to an arrears fee of Euro 5.00.
6. Furthermore, in the event of delayed payments, all other outstanding amounts receivable - including from bills of exchange - are immediately due, regardless of their due date. The Seller is furthermore entitled to withdraw from all ongoing agreements, cease deliveries, make them dependent on the provision of securities or to only deliver on the basis of cash on delivery.
7. In the event of delayed payments, the Seller is entitled to remove any items subject to retention of title even without withdrawing from the Agreement and even if partial payments have been made. All costs incurred due to the removal of items shall be borne by the Buyer. The goods that were taken back shall be offset against the outstanding amount at the current market value, subject to proof of a significantly lower decrease in value by the Buyer.
8. Offsetting of Buyer's amounts receivable against Seller's amounts receivable is excluded unless the Buyer's amounts receivable are undisputed or have been determined as legally binding.
8. Retention of Title
1. Delivery of the goods is subject to retention of title in accordance with Section 449 of the German Civil Code (BGB) with the following expansions:
a) The delivered goods remain the Seller's property until complete payment of all amounts receivable and secondary claims from other and future transactions with the Seller (expanded current account retention). The Buyer may only sell the goods within the framework of its ordinary business operations.
b) The Buyer is not entitled to give away, pledge or transfer items subject to retention of title as a security.
c) If the Buyer does not fulfil its obligations towards the Seller or not on time or if the Buyer affects the items that have been delivered subject to retention of title in an unauthorised manner, regardless of the entitlement for fulfilment of the Agreement, the Seller may request return of the items if the Buyer has not fulfilled its obligation within a reasonable time period that shall be granted by the Seller. Once the Buyer has fulfilled the Agreement, the Seller must return the items. The above regulation does not apply to instalment purchase transactions. The right of retention may not be exercised against the entitlement for return of the items. The authorisation to sell delivered items may be revoked under the same conditions.
2. The Seller is obligated to release securities it is entitled to, to the extent that they exceed the value of secured Seller's amounts receivable by 20%.
3. The Buyer must immediately inform the Seller if any third parties access the Seller's property, items of joint ownership, claims that have been assigned to the Seller or Seller's right (garnishment, confiscation or other order); otherwise the Buyer is liable for damages.
9. Contractual Penalty
1. The Buyer is obligated to solely offer the goods for sale, display, sell them, etc. in the retail shop which it specifies as the delivery address in the order.
2. The Buyer is obligated to refrain from giving away, selling or making goods that have been sold to it to commercial resellers or making them otherwise accessible to them.
3. The Buyer is obligated to refrain from offering, selling or otherwise advertising for goods that have been purchased from the Seller on the Internet or other sales platforms outside of its retail shop that it has specified to the Seller during ordering
4. The Buyer assures that the information regarding its trader status which it made during ordering is accurate.
5. The Buyer is obligated to pay contractual penalty in the amount of Euro 5,001.00 to the Seller if the Buyer breaches any of the aforementioned reassurances and/or obligations. The Buyer shall not raise the defence of continuation of offence.
1. Goods cannot be exchanged.
2. If, in exceptional cases, the Seller agrees to an exchange, the Buyer shall pay an administrative fee in the amount of 10% of the net value of the exchanged goods, plus the incurring postage and packaging costs. The Buyer is entitled to provide evidence that significantly lower costs than this flat rate incur. After return of the exchanged goods, the goods are checked by the Seller to determine whether the items are fault-free and new. If this is the case, the Seller shall issue a credit note in the amount of the net value of the returned goods to the Buyer which may be deducted from an invoice resulting from an additional order / additional orders that is / are placed by the Buyer with the Seller. The credit note amount shall never be paid out.
1. The Seller does not provide any exclusivity promises.
2. If, in exceptional cases, an exclusivity promise is made by the Seller it shall apply exclusively and only if this has been confirmed in writing by the Seller.
12. Other Provisions
The Buyer's rights under the contract of purchase may not be transferred.
13. Place of Jurisdiction
If both parties are business people, the place of jurisdiction is in Nuremberg, Germany. The same applies to bills of exchange and cheque claims.
14. Applicable Law
The law of Germany excluding any conflicts of law shall exclusively apply. This law is also decisive for determining the question as to whether the Buyer has agreed to the validity of these General Terms and Conditions at the time of Agreement conclusion or at a later point in time.
15. Legal Validity
Any, even partial, invalidity of individual aforementioned provisions shall not affect the validity of the remaining provisions.