General Terms and Conditions of Supply
The following General Terms and Conditions of Supply (“GTC”) for online orders in the United Kingdom apply between the customer (“you”) and the supplier, Victorinox Retail AG, Schmiedgasse 57, CH-6438 Ibach-Schwyz, Switzerland, (“we” or “us”) in the current version at the time each order is placed.
Please read the GTC carefully before you submit your order to us. The GTC tell you who we are, how we will provide products to you, how you and we may charge or end the contract, what to do if there is a problem and other important information.
Victorinox Retail AG is a wholly owned subsidiary of Victorinox AG – the owner and operator of this website.
Deviating, additional or conflicting customer terms and conditions will not be recognised unless we have expressly agreed in writing to their validity.
2. REGISTRATION REQUIREMENTS
Registration: Proper registration is required for the use of offers in our online shop. As a result, you are responsible for providing truthful and complete information as a customer. We are not obligated to accept the registration or orders of a registered customer. Likewise, we are not obligated to make our services permanently available. Orders that have already been confirmed remain unaffected by this.
Faulty information: If incomplete or inaccurate information is provided upon registration, or you neglect to inform us of changes, then we are entitled to immediately exclude you from using the online shop.
Login information: You are obligated to treat your personal login information as confidential and to prevent access by unauthorised third parties.
3. OUR CONTRACT WITH YOU
Placing an order: Begin your order by logging in to your account and adding the selected product(s) to the shopping cart. By pressing the “BUY NOW” button (or similar button indicating order completion), you are confirming a binding order of the product(s) that are in the shopping cart. An automated email letting you know that we have received your order is generated immediately after the order is sent. However, this automated email does not constitute our acceptance of the order. If you have opened a customer account, then you can see your orders at any time under “My Orders”.
Formation of contract: Your order is only accepted when we send you a separate order confirmation via e-mail within five (5) days after your order was placed. A contract for the purchase and supply of product(s) will be concluded at this point. There is no contract concluded for ordered products that are not listed in the order confirmation.
Unable to accept order: If we are unable to accept your order, we will inform you of this in writing and reimburse you for any payments already made. This might be because the product is out of stock, because the order does not comply with the GTC or because of unexpected limits on our resources.
Product temporarily unavailable: If the product indicated in your order is temporarily unavailable, we will inform you of this in writing and provide you with an estimate date on which the product will become available. You will then have the choice to cancel the order (in which case we will reimburse you for any payments already made) or wait until the product becomes available. Failure for the product to become available within the estimated timeframe will have the same consequences as clause 6 ‘Late delivery’.
Purchaser requirements: Products displayed on the website may only be purchased for personal use and by consumers who are at least 18 years of age, legally competent and who have their regular residence as well as a delivery and billing address within the permitted delivery location (see clause 6).
4. OUR PRODUCTS
Products: The subject matter of the contract is the products specified in your order and listed in the order confirmation email at the retail prices listed in the online shop.
Characteristic variations: The characteristics of the ordered products are based on the product descriptions in the online shop. Although we have made every effort to display the colours of products accurately in the online shop, we cannot guarantee that a computer’s display of the colours will accurately reflect the actual colour of the product. Your product may vary slightly from those images. For this reason, the images of the products in the online shop are for illustrative purposes only. Technical data, weight, dimensions and performance specifications are specified as precisely as possible, although they may have the usual variations.
Packaging variations: The product packaging of the product may vary from that shown on images on our website.
5. PRICES AND PAYMENTS
Price: The prices quoted at the time of the order shall apply to orders in our online shop. The prices quoted are retail prices in Pounds Sterling (GBP) and include the applicable value-added tax.
Incorrect pricing: We take all reasonable care to ensure that the price of the product advised to you is correct. However, it is always possible that some of the products we sell may be incorrectly priced. Where the product’s correct price at your order date is less than the price stated in our online shop at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our online shop at the order date, we will contact you for instructions before we accept your order.
Payment method: Payment for the items is implemented via the methods of payment selected by you during the order process and under the conditions specified there. You must pay for the products before we dispatch them. Instalment payments are not possible.
Delivery from/to location: Unless otherwise agreed, delivery is made from our distribution centre in Neckarsulm (Germany) to the delivery address provided by the customer during the order process. Deliveries are only made to the United Kingdom (England, Wales, Scotland, Northern Ireland). Deliveries to the Channel Islands, the Isle of Man or Ireland are not possible.
Timing and cost of delivery: During the order process, we will let you know the approximate timeframe and cost for delivery.
Excusable delays: Disruptions that are not caused by us or any of the companies that we have contracted (such as logistics companies for performance of the contract) as well as any event outside our control may further delay the delivery. We will inform you of these types of delivery disruptions as soon as we become aware of them. Provided we do this, we will not be responsible for delays caused by such events.
You are not home when the product is delivered: If we are unable to make the delivery because there is nobody home, we will leave a card confirming that we have attempted delivery. It will then be your responsibility to arrange a new delivery date. If you do not arrange a new delivery date or collect the product from a delivery depot within a reasonable time (as applicable), we may cancel the order and refund any money you have paid in advance for the product, less any reasonable costs we incurred as a result of your failure to receive the delivery (such as storage and further delivery costs) if applicable.
Late delivery: You may cancel your order if we have not delivered the product to you within the above delivery deadline and:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (in the circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you choose to cancel your order, please let us know in writing. We will then refund any sums that you have paid to us for the cancelled products and their delivery. If the products are later delivered to you, you must arrange for them to be posted back to us (at our cost).
Alternatively, if you do not wish to cancel your order or you do not have the right to do so (because the circumstances in (a) – (c) above do not apply, you can give us a new (reasonable) deadline for delivery. If we do not meet this new deadline, you may cancel your order, in which case the above process and right to a refund would apply.
7. TITLE AND RISK
When you become responsible for the product: The product remains the responsibility of Victorinox Retail AG until the date we deliver the product to the address you gave us.
When you own the product: You will own a product once we have received payment in full for it.
8. REDEEMING PROMOTIONAL COUPONS
Validity: The conditions for validity of a coupon, including the period of validity and redeemable products, will be stated on the coupon or in documents accompanying the coupon. Coupons can only be redeemed once and not after an order has been placed. Coupons may not be used in conjunction with other promotional offers and are not transferable or redeemable for cash.
Purchase value: If the value of the promotional coupon is insufficient for the order, then the difference can be paid using the payment methods we offer. The required minimum value of an order is always mentioned in connection with the coupon.
Return of product purchased with a coupon: If you exercise your right of return on a product purchased with a coupon, the coupon will become void and the actual product price less the value of the coupon will be refunded. Similarly, if the minimum order value is no longer met because you return an items(s) purchased as part of the original order, then we will minus the coupon value from the actual product price being refunded.
9. RIGHT OF CANCELLATION
Right to cancel: If you change your mind and no longer want a product, you may cancel your order and receive a refund within 14 days, beginning on the day after you receive the product. You can find more information about your right to cancel your order and receive a refund in our Returns FAQ.
Care of product: If you are in possession of the product you wish to return, you are responsible to retain and take reasonable care of the products until the time of the physical return.
10. FAULTY PRODUCTS
Faulty or misdescribed product: If the product is faulty or not as described, you may have a legal right to get the product repaired or replaced or to get or all of your money back. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Contact: If you wish to exercise this legal right, you must contact us as soon as possible and post the product(s) back to us or allow us to collect them from you. We will pay the costs of postage or collection.
Transit Damage: If a product is delivered with obvious damage from transport, then we ask you to immediately file a complaint with the delivery agent and to contact us as soon as possible. Failure to file a complaint or to contact us has no consequences for your legal warranty rights, but it helps us to be able to file our own claims against the freight carrier or the transport insurance company.
Additional guarantee: A guarantee only exists for delivered goods if this has been explicitly stated in the respective product’s order confirmation. A guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Contact: Complaints and guarantee claims can be submitted to the address set out in clause 14.
Liability for foreseeable loss and damage: If we fail to comply with the GTC, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Product liability: The provisions of the Product Liability Act remain unaffected.
No liability for commercial use: Unless separately agreed otherwise, we only supply products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Data communication: Communication via the Internet cannot be guaranteed to be error-free and/or available at all times with the current technology. Therefore, we are neither liable for the continuous and uninterrupted availability of the online shop, nor for technical and electronic errors beyond our control during an ordering transaction.
14. CUSTOMER RATINGS AND REVIEWS
Content: By submitting any content to us, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
E-mail address: By submitting your email address in connection with your rating and review, you agree that we and our third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
15. CONTACT US
In case of questions regarding online orders you can reach us by calling our service number
+44 20 3734 9264
(local call tariffs apply; mobile tariffs may vary)
or via email: firstname.lastname@example.org.
Our open hours are Monday to Friday between 07:00 and 19:00 and on Saturday between 08:00 and 11:00 GMT.
16. GENERAL PROVISIONS
Language: The contract language is English.
Intellectual Property Rights: The logo “Cross & Shield”, Victorinox® and Swiss Army® are registered trademarks of us and our subsidiaries. We own further trademarks. logos, designs, products, information and all copyrights, and other intellectual property or proprietary rights contained on or used in connection with the Site which may not be copied, reproduced, posted, transmitted, modified or distributed, in whole or in part, in any form (electronic or written) without the prior written consent of the owner of such materials or a legal right to do so.
The downloading or printing of any materials of this Site will not result in the transfer, explicit or implied, of any rights. You may, however, download or print any pages from this Site for personal, non-commercial use only, provided you do not remove any copyright or other proprietary right notice.
The copyright in some documents and other material available on this Site belongs to third parties and such documents and other material have been produced on this Site with the permission of the third party copyright owners. You must check copyright notices on or in respect of such documents or material.
Invalidity: Should individual terms of this contract be or become inoperative or unenforceable, this will not affect the remaining terms of this contract.
Transfer of these GTC: We may transfer our rights and obligations under the GTC to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under the GTC to another person if we agree to this in writing (such consent not to be unreasonably withheld).
Change of these GTC: These GTC may be subject to change at our discretion.
Waiver: If we do not insist immediately that you do anything you are required to do under the GTC, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Third Parties: A contract formed under the GTC is between you and us. No other person shall have any rights to enforce any of its terms.
Notices: All notices given by you to us must be given to us in writing by email (see clause 14) or at the address detailed at the beginning of the GTC. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Online Dispute Resolution: If you are not happy with how we have handled any complaint, you may submit a compliant to the European Commission Online Dispute Resolution platform. You can find this platform, and more information about it, here: http://ec.europa.eu/consumers/odr/.
Jurisdiction and governing law: The GTC is governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Last Updated: 12 February 2016