Terms and Conditions (GTC)
1. Scope
For the use of this website and the business relationships between La Guadalupana (www.laguadalupana.ch/shop) and its customers, the following General Terms and Conditions (GTC) apply in the version that is currently available when the website is called up or when goods are ordered. The offer on this website is aimed exclusively at customers with Swiss domicile.
Any natural or legal person who maintains business relationships with La Guadalupana GmbH is referred to as a customer. The terms and conditions, the delivery and payment conditions as well as the data protection provisions may be adjusted from time to time. La Guadalupana GmbH asks you to read these provisions carefully each time you visit the website and each time you order goods.
These terms and conditions apply exclusively. Conditions that contradict, supplement or deviate from these terms and conditions require express written confirmation by La Guadalupana GmbH to be valid. When using this website or when ordering goods, the customer confirms that he fully accepts these terms and conditions, including delivery and payment conditions.
Should individual provisions of these terms and conditions prove to be ineffective or unenforceable, or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is La Guadalupana GmbH Imprint .
2. Information on this website
La Guadalupana GmbH contains information about products and services. We reserve the right to make changes to prices and ranges as well as technical changes. All information on www.laguadalupana.ch/online-store (product descriptions, images, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and, in particular, do not represent any assurance of properties or guarantees, except for this is explicitly noted differently.
La Guadalupana GmbH makes every effort to provide all details and information on this website correctly, completely, up-to-date and clearly arranged, but La Guadalupana GmbH can neither expressly nor tacitly guarantee this.
La Guadalupana GmbH cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and can change at any time and without notice.
3. Prices
Unless otherwise noted, the prices quoted by La Guadalupana GmbH include the statutory value added tax. The prices are net in Swiss Francs (CHF).
Unless otherwise provided, any shipping costs will be charged additionally and must be paid for by the customer. Shipping costs are shown separately in the ordering process.
4. Conclusion of a contract
The offers on this website represent a non-binding invitation to the customer to order products from La Guadalupana GmbH. With the order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. La Guadalupana GmbH then sends an automatic "order confirmation" by email, which confirms that the customer's offer has been received by La Guadalupana GmbH. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as La Guadalupana GmbH sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders are only delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If, after the conclusion of the contract, it turns out that the ordered goods cannot be delivered or cannot be delivered in full, La Guadalupana GmbH is entitled to withdraw from the entire contract or from a part of the contract. If the customer's payment has already been received by La Guadalupana GmbH, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay. In the event of a contract termination, La Guadalupana GmbH is not obliged to make a replacement delivery.
5. Payment options and retention of title
The payment options specified in the ordering process are available to the customer.
La Guadalupana GmbH reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.
If the customer defaults on payment, La Guadalupana GmbH can charge default interest of 5% per year as well as a reminder fee of a maximum of CHF 20.- per reminder.
The products delivered to the customer remain the property of La Guadalupana GmbH until full payment has been made.
6. Delivery, inspection obligation, notification of defects and return
Deliveries are sent by Swiss Post to the address specified by the customer in the order. Invoices are sent by email or post. With the dispatch, the benefit and risk are transferred to the customer, insofar as this is legally permissible. The shipping costs are calculated by the post office, based on the weight. All orders are sent with A Priority, unless the customer wants another delivery method offered by Swiss Post (PostPac Economy, Express, SameDay Services, etc.).
If the delivery cannot be delivered or the customer refuses to accept the delivery, La Guadalupana GmbH can terminate the contract after notification of a complaint by email to the customer and setting a reasonable deadline and invoice the costs for the activities.
La Guadalupana GmbH does everything to deliver quality products to its customers. Our priority is customer satisfaction and our goal is to provide excellent service. If the customer is not satisfied with the products delivered, he / she can contact us by phone 044 382 98 40 or by email laguadalupana@bluewin.ch. For defective goods, the money will be credited to the customer or sent again at the customer's request.
Returns to La Guadalupana GmbH are made at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given by La Guadalupana GmbH in the imprint.
If the inspection by La Guadalupana GmbH shows that the goods do not have any detectable defects or that these are not covered by the manufacturer's guarantee, La Guadalupana GmbH can invoice the customer for the activities, the return or any disposal.
7. Right of withdrawal
The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by email laguadalupana@bluewin.ch or telephone 044 382 98 40 to La Guadalupana GmbH within the deadline. The revocation does not require justification.
Exercising the right of withdrawal leads to the contract being reversed. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address given by La Guadalupana GmbH in the (> Imprint). Returns to La Guadalupana GmbH are made at the expense and risk of the customer. Any payment that has already been made will be refunded to the customer within 20 calendar days, provided that La Guadalupana GmbH has already received the goods back or the customer can provide proof of dispatch.
La Guadalupana GmbH reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the decrease in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
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For frozen products
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With fresh products
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Products that have expired within the right of withdrawal period
8. Liability
In particular, La Guadalupana GmbH is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal, property or pure financial damage suffered by the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
La Guadalupana GmbH only uses hyperlinks to simplify the customer's access to other websites. La Guadalupana GmbH can neither know the content of this website in detail, nor accept liability or any other responsibility for the content of this website.
9. Data protection
La Guadalupana GmbH may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations from the purchase contract and use it for marketing purposes. The data required to fulfill the service can also be passed on to commissioned service partners (logistics partners) or other third parties.
The other data protection provisions can be found under the following link: Data protection
10. Further provisions
La Guadalupana GmbH expressly reserves the right to change these terms and conditions at any time and to bring them into effect without notice.
The place of jurisdiction is Zurich insofar as the law does not provide for any compulsory places of jurisdiction.
11. Contact
If you have any questions about these terms and conditions, please contact: Imprint
Version January 2024
Imprint
La Guadalupana GmbH is responsible for the content of these pages
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La Guadalupana GmbH
In der Hinterzelg 4
CH-8700 Küsnacht
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Email: laguadalupana@bluewin.ch
Phone: +41 44 382 98 40
Manager:
Maria de los Angeles Lopez Heer
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The company is based in Küsnacht ZH
Commercial register: Canton of Zurich
UID: CHE-362.869.994 VAT