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:

  • For frozen products  

  • With fresh products

  • 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 September, 2017

 

Privacy policy 

1. User safety comes first

La Guadalupana GmbH respects the privacy of the users of the website and the online shop. These data protection provisions form the basis for processing personal data and provide information about the type of user data that La Guadalupana GmbH collects and how La Guadalupana GmbH uses this data. La Guadalupana GmbH complies with the applicable data protection laws and processes the personal data only for the purposes for which the data were transmitted.  These data protection provisions are adapted, supplemented or changed from time to time. With each new call or visit to the website, the current, available version applies.

 

2. Type of data collected

When visiting the La Guadalupana GmbH website, statistical visitor data is collected about which parts of the website are visited particularly frequently by the respective user. For example, data relating to the browser, operating system, weblog and other connection data used by the user can be recorded, regardless of whether they are required for our purposes or for other purposes. In this context, it is sometimes necessary that so-called cookies are used. This collected data does not contain any personal reference or is sufficiently anonymized so that no conclusions can be drawn about your person.

 

La Guadalupana GmbH does not automatically collect user personal data such as name, address, telephone number or email address. An exception to this is information that the user voluntarily transmits to La Guadalupana GmbH by filling out website forms or by contacting La Guadalupana GmbH in another way via the website.

 

3. Use of cookies

In order to continuously improve the website for users, La Guadalupana GmbH can use cookies. Cookies are small pieces of software information that are stored on the user's computer hard drive by the browser (e.g. Internet Explorer or Mozilla Firefox) in order to facilitate the use of the website (e.g. language selection, shopping cart, etc.). These cookies are completely anonymous and do not contain any personal data. At no time will spy software be installed or used to access data and information stored on the computer.

 

Most browsers automatically accept such cookies, but the browser can be configured in such a way that they do not accept or save cookies. Details on this can be found in the operating instructions or the browser's help function.

 

4. Use of the data

La Guadalupana GmbH does not use any data that is recorded by cookies - neither Google Analytics nor Google Ads.

 

5. Social media content

La Guadalupana GmbH can use social media plugins on its website. These platforms have their own data protection regulations, over which La Guadalupana GmbH has no influence.

 

Facebook  

 

If the user does not want any of these plugins to be loaded, it is recommended to log out of the relevant social media service. Furthermore, various browsers can be set or supplemented with add-ons (e.g. Facebook blockers) so that the social media plugins are not loaded.

 

6. Passing on your data

La Guadalupana GmbH can use personal data in accordance with this privacy policy. In addition, the personal data will not be disclosed to third parties.

This does not apply if the user has consented to the transfer of the data to companies that are not affiliated with La Guadalupana GmbH or if La Guadalupana GmbH is legally, officially or judicially obliged to do so. In addition, if service providers who support La Guadalupana GmbH in data processing, the administration of the website or in any other way, as well as in the provision of the products and services requested by the user, are called in. These third parties are obliged to maintain the same level of security and data protection as La Guadalupana GmbH.

 

7. Data security

Unfortunately, the transmission of data over the Internet is not completely secure. La Guadalupana GmbH works  together with service providers and internet providers who take appropriate technical and organizational security precautions to protect users' personal data. However, La Guadalupana GmbH cannot guarantee the security of the data transmitted by the user. Any data transfer is therefore at your own risk.

 

8. Your information and right of withdrawal

Of course, every user is free to inform La Guadalupana GmbH at any time - for example in an email - that the personal data should not be used to contact us in the future.

In addition, it is possible to obtain information on the processing of the data or to request a copy of the personal data collected via the La Guadalupana GmbH website. Please send relevant inquiries in writing to La Guadalupana GmbH, (Feldeggstrasse 53, 8008 Zurich) or laguadalupana@bluewin.ch.

 

9. Final provisions

Should individual provisions or parts of these data protection provisions prove to be void or ineffective, this shall not affect the validity of the rest of the data protection provisions.

The place of jurisdiction and the applicable law are based on the terms and conditions.

 

(Version August, 2018)

 

imprint

La Guadalupana GmbH is responsible for the content of these pages

La Guadalupana GmbH
In the back room 4
CH-8700 Küsnacht

Email: laguadalupana@bluewin.ch
Phone: +41 44 382 98 40

 

Manager:
Maria de los Angeles Lopez Heer

The company is based in Küsnacht ZH
Commercial register: Canton of Zurich
UID: CHE-362.869.994 VAT