general Terms
& Conditions (GTC)
1. SCOPE AND APPLICATION
(a) These General Terms and Conditions ("GTC") govern the contractual relationship between Koch Fashion, c/o Impact Hub Zürich AG, Viaduktstrasse 93 - 95, 8005 Zurich, Switzerland ("Koch Fashion"), operator of the online shop available under https://www.simonkayfashion.com ("Online Shop"), and the customer ("Customer"; Customer and Koch Fashion each a "Party" and together the "Parties"). They apply to the sale of products ("Products") by Koch Fashion to the Customer and to all other legal transactions made through the Online Shop. The Products offered by Koch Fash-ion are not intended for resale by the Customer.
(b) Koch Fashion reserves the right to amend these GTC at any time. The version of the GTC valid at the time the Customer places the order shall apply to the respective order and may not be amended unilaterally thereafter. Any conflicting or deviating terms of the Customer shall not apply unless expressly accepted by Koch Fashion.
(c) Any agreements between the Parties shall be valid only if made or confirmed in writing. Written form shall also be deemed satisfied by email.
2. CONCLUSION OF CONTRACT
(a) The offers displayed by Koch Fashion on its website (https://www.simonkayfashion.com) or the Online Shop constitute a non-binding invitation to the Customer to order products in the Online Shop. By clicking the "Submit Order"-button in the final step of the ordering process, the Customer submits a binding offer to conclude a purchase contract for the Products ("Contract") in the shopping cart. The Customer shall be bound to this offer for two weeks.
(b) After submitting an order, the Customer receives an automatically generated email confirming receipt of the order ("Order Confirmation") to the email address provided by the Customer. This Order Confirmation shall serve solely to inform the Customer that Koch Fashion has received the order and shall not constitute a commitment that the Product will be delivered.
(c) A Contract shall only be concluded once Koch Fashion accepts the order within the period specified in Clause 2(a). Acceptance shall occur through the dispatch of a shipping confirmation or by delivery of the Product.
(d) The Contract shall be concluded only with respect to the Products explicitly listed in the invoice or shipping confirmation. These documents shall conclusively determine the scope of delivery and services.
(e) A Contract between Koch Fashion and the Customer may also be concluded as follows:
(i) by the Parties signing a written contract;
(ii) by conduct, in particular where the Customer accepts services from Koch Fashion that are typically provided only against payment.
(f) If delivery becomes impossible for reasons beyond the control of Koch Fashion, Koch Fashion may withdraw from the Contract. Any payments already made shall be refunded.
3. PRODUCTS AND PRICES
(a) All information contained in advertising materials, brochures or the Online Shop (including product descriptions, images, illustrations, videos, dimensions, weights, specifications and other details) is provided for illustrative purposes only, is approximate and non-binding. Such information does not constitute any representation of qualities or characteristics or any warranty unless expressly stated otherwise. Koch Fashion endeavours to ensure that the information provided is correct, complete, up to date and clear but makes no express or implied representations or warranties in this respect. Technical modifications, errors and misprints remain reserved. Advisory and support services are not included in the sales prices.
(b) All offers are subject to availability unless otherwise stated.
(c) All prices are stated in Swiss Francs (CHF) and include any applicable statutory VAT.
(d) Koch Fashion reserves the right to change the prices of the Products at any time. The prices indicated in the Online Shop at the time the order is placed shall apply. Time-limited offers apply only for the specified period.
(e) Orders shall be dispatched only after full payment has been received and provided that the Products are available. If, after the conclusion of the Contract, it becomes apparent that the ordered Products cannot be delivered in whole or in part, Koch Fashion shall be entitled to withdraw from the Contract in whole or in part. If the Customer's payment has already been received by Koch Fashion, the amount shall be refunded to the Customer. If no payment has yet been made, the Customer shall be released from the payment obligation. In the event of such termination of the Contract, Koch Fashion shall not be obliged to provide a replacement delivery.
(f) Koch Fashion charges an additional shipping fee of CHF 9.10.
4. PAYMENT TERMS
(a) Koch Fashion shall issue invoices to the Customer for all Products and services purchased through the Online Shop.
(b) The Customer may use the payment methods available during the ordering process. Koch Fashion reserves the right to exclude certain payment methods in individual cases and to require the Customer to use alternative payment methods. Any transaction fees associated with the chosen payment method shall be borne by the Customer.
(c) Payment shall be made in Swiss Francs (CHF).
(d) Until full payment of the invoice amount (i.e. final and unconditional receipt of the purchase price), title to the delivered Products shall remain with Koch Fashion. Koch Fashion shall be entitled to register the retention of title in the retention of title register at the Customer’s place of residence or registered office. The Customer shall cooperate in all measures necessary for such registration. Prior to the transfer of title, the Customer may neither pledge the Products nor transfer them by way of security. Processing, modification or resale of the Products shall only be permitted with Koch Fashion's prior written consent.
(e) Koch Fashion may charge a reminder fee of CHF 5 for the second payment reminder and CHF 20 for the third payment reminder. If payment remains outstanding after the reminder process, the claim may be assigned to an external debt collection agency.
5. DELIVERY
(a) Koch Fashion delivers Products only within Switzerland. Delivery is made directly by Koch Fashion's external logistics partner to the delivery address and contact person specified by the Customer, unless otherwise agreed.
(b) Koch Fashion endeavours to ensure the shortest possible delivery times. Any delivery dates indicated are for information purposes only and shall not constitute binding deadlines. Delivery delays may occur in particular due to production or supply shortages. All information regarding availability and delivery times is subject to change.
(c) If not all ordered Products are in stock, no partial deliveries shall be made. The order shall be shipped only once all Products are available. Partial deliveries may be made at the Customer's request.
(d) Delivery times for out-of-stock Products – and for all Products where no partial deliveries are made – may be subject to delays. If a Product proves to be unavailable, the Customer shall be informed accordingly. If the Customer has already paid for the unavailable Product, the purchase price shall be refunded in full. Refunds in cash are excluded. Any further claims due to delayed or failed delivery are excluded.
(e) Koch Fashion's delivery obligation is fulfilled upon handover of the Products to the transport company. The risk of accidental loss or damage shall pass to the Customer at that moment. Koch Fashion shall not be liable for any acts or omissions of the transport company.
(f) If delivery is prevented due to actions or omissions attributable to the Customer, the risk for the Products shall pass to the Customer on the day the Products were ready for shipment. If delivery cannot be completed or if the Customer refuses to accept the delivery, Koch Fashion may terminate the Contract after notifying the Customer by email and granting a reasonable grace period for acceptance, and may charge the Customer for the administrative costs incurred as a result.
(g) If any issues arise in connection with customs clearance, Koch Fashion shall not be liable for any losses, costs or fees incurred. The Customer shall be solely responsible for the customs clearance of the Products. The Customer shall not be entitled to claim damages due to delivery delays or issues arising during customs clearance.
(h) If an order is seized or held by customs authorities, any resulting costs or fees shall be borne by the Customer. In such case, the Customer shall not be entitled to a refund of the purchase price or to cancel or withdraw from the Contract.
6. RIGHT OF RETURN
(a) The Customer has the right to return the Product without stating reasons within fourteen (14) calendar days from the date of delivery, provided that the following conditions are met. The deadline shall be deemed met if the Product is handed over to the post office or another shipping company on the last day of the period:
(i) The Customer shall notify Koch Fashion by email at mail@simonkayfashion.com within 14 calendar days and complete the return form ("Return Form"). Exercising the right of return shall result in the rescission of the Contract. The Customer shall return the Products within 14 calendar days in their original packaging, complete with all accessories, together with the delivery note and Return Form, to the warehouse of Koch Fashion at the following address: Simon Koch, Obere Reben 7, 5415 Hertenstein AG, Switzerland. Click here for the Return Form, it must be printed and enclosed with the return shipment.
(ii) All returned Products must be in new and unused condition and in their original packaging. Damaged or used Products cannot be returned and may be invoiced in full to the Customer. Gift cards cannot be returned and are not eligible for refund or exchange.
(iii) Returns to Koch Fashion shall be at the Customer's expense and risk. If the Product is lost during the return shipment, no refund of the purchase price shall be made. Koch Fashion recommends that the Customer return the Product using a courier service with tracking.
(b) Once the returned Product has been received and inspected, Koch Fashion shall notify the Customer by email whether the refund has been approved. Refunds in cash are excluded.
(c) Koch Fashion reserves the right to claim reasonable compensation for damage, excessive wear and tear, or loss of value resulting from improper handling of the Product, and to deduct the reduction in value from the purchase price already paid by the Customer or to charge such amount to the Customer. If the Product is damaged during the return shipment, the Customer shall bear the risk and no refund shall be made.
(d) If the Customer wishes to exchange a Product for a different colour or another Product, the Customer shall contact Koch Fashion at mail@simonkayfashion.com. Standard shipping costs shall apply.
(e) Discounted Products are not eligible for exchange or return.
(f) No right of return shall apply in the following cases:
(i) if the Contract depends on price fluctuations beyond Koch Fashion's control;
(ii) if the Contract relates to Products manufactured according to the Customer's specifications or clearly personalized for the Customer; or
(iii) if the Contract relates to a service that has been fully performed by Koch Fashion with the Customer's prior express consent before the expiry of the return period.
7. CONTENT
(a) All trademarks, names, titles, logos, images, designs, text and other materials used on the website or in the Online Shop are the property of Koch Fashion or its licensors or contractual partners. Accessing, downloading or copying content from the website or the Online Shop does not grant any rights, in particular any rights of use or intellectual property rights.
(b) All information provided on the website of Koch Fashion or in the Online Shop (including product descriptions, images, videos, dimensions, weights, technical specifications, accessory references and other details) is provided for informational purposes only and shall be regarded as approximate. Such information does not constitute a representation of qualities or characteristics or a warranty unless expressly stated otherwise.
(c) The Online Shop may contain links to third-party websites. These websites are neither operated nor monitored by Koch Fashion. Koch Fashion accepts no responsibility for their content or for their compliance with applicable data protection laws and has no influence on the content of such websites.
8. WARRANTY
(a) The Customer shall inspect the Products immediately upon receipt for completeness, conformity with the order, and any defects, including damage in transit.
(b) The Customer shall notify Koch Fashion of any defects or incorrect or incomplete deliveries immediately upon discovery and no later than five (5) calendar days after delivery; otherwise, any warranty claims shall be forfeited. The Customer shall keep the Product in the condition in which it was delivered and shall not use it.
(c) Koch Fashion strives to deliver the Products free from defects. The warranty period is two (2) years from the date of delivery, provided that any defects are reported in a timely manner. The warranty period shall not be extended or renewed as a result of the provision of warranty services.
(d) Koch Fashion shall, at its own discretion, provide warranty services by repairing the Product free of charge, replacing the Product in whole or in part, granting a price re-duction, or refunding the purchase price (up to the sales price at the time of the orig-inal order). In the event of rescission or a price reduction, the purchase price (or part thereof) shall be refunded. Refunds in cash are excluded.
(e) The warranty does not cover normal wear and tear, consumable or wear parts, or damage resulting from improper handling, misuse, excessive use, or damage caused by the Customer or third parties.
(f) Returns are at Customer's expense and risk.
(g) If a Product is damaged during transport, the Customer shall assert any claims directly against the transport company in accordance with its terms and conditions. Koch Fashion shall not be liable for damage occurring during transport.
(h) Koch Fashion makes no representations or warranties regarding the timeliness, completeness, or accuracy of the information provided, or the continuous or uninterrupted availability of the website or the Online Shop, their functionalities, hyperlinks, or other content. In particular, Koch Fashion does not warrant that the use of the website or the Online Shop will not infringe the rights of third parties.
(i) The Products may differ from the images shown. As the Products are handmade, variations may occur.
(j) Any further claims, in particular statutory warranty rights, are excluded to the extent permitted by law.
9. LIABILITY
(a) Koch Fashion excludes liability, to the extent permitted by law, for slight negligence as well as for indirect or consequential damages, including loss of profit, unrealised savings, third-party recourse claims, business interruption losses, and losses resulting from delivery delays.
(b) Koch Fashion excludes liability for any acts or omissions of its employees, agents, contractors or other auxiliary persons.
(c) Koch Fashion shall not be liable for damages resulting from:
(i) improper, non-contractual, or unlawful storage, adjustment, or use of the Products;
(ii) lack of maintenance and/or improper modification or repair by the Customer or third parties.
(d) The above limitations of liability shall not apply to personal injury or to damages caused intentionally or by gross negligence, for which Koch Fashion shall be fully liable.
(e) Koch Fashion shall not be liable for any loss or damage of any kind, whether direct, indirect or consequential, arising from the use of or access to the website or the Online Shop or from links to third-party websites. Furthermore, Koch Fashion shall not be liable for any interference with the user’s IT system by unauthorised persons.
(f) Customers shall keep their customer account login credentials strictly confidential and shall take appropriate measures to protect their account from unauthorised access, in particular by using secure passwords and appropriate technical security measures.
(g) All actions carried out via the Customer's customer account, in particular the placing of orders, shall be deemed to have been carried out by the Customer. The Customer shall be liable for all orders placed through the customer account.
10. DATA PROTECTION
(a) Koch Fashion may process personal data collected in connection with the conclusion and performance of the Contract for the purpose of performing the Contract and may also use such data for marketing purposes. Personal data necessary for the provision of services may be disclosed to service providers (such as logistics partners) or other third parties.
(b) The Privacy Policy of Koch Fashion applies to the processing of personal data. It is available online.
11. FORCE MAJEURE
(a) Neither Party shall be liable to the other for damages arising as a consequence of force majeure events. If a Party is unable to perform its obligations under the Contract due to a force majeure event, the performance of such obligation shall be postponed until the force majeure event ceases to exist.
(b) Force majeure events include events beyond Koch Fashion's control, such as disruptions to public power supply, communication infrastructure, or transport routes; government measures; virus or hacker attacks; fire; extreme weather; epidemics; pandemics; nuclear or chemical accidents; earthquakes; war; terrorist attacks; strikes; sabotage, etc.
(c) Koch Fashion is not liable for events of force majeure. If Koch Fashion is unable to fulfil its contractual obligations due to force majeure despite exercising due care, performance is suspended for the duration of the event.
12. TERMINATION
Koch Fashion may terminate the Contract extraordinarily and without notice for good cause if the Customer has committed a material breach of the Contract, or if bankruptcy or composition proceedings have been initiated against the Customer.
13. CONFIDENTIALITY
(a) The Parties shall keep confidential all facts, information, and data that become known to them in connection with a Contract and in which the other Party has an interest in maintaining confidentiality. The Parties further undertake not to use such facts, information, or data for any purpose other than the performance of the Contract.
(b) The duty of confidentiality continues beyond the termination of the Contract for as long as a legitimate interest in confidentiality exists.
(c) Information that is publicly known or lawfully obtained by a Party independently of the contractual relationship is not subject to confidentiality. Statutory disclosure obligations remain reserved.
(d) The Parties shall ensure that their employees, auxiliary personnel, and subcontractors are bound to comply with the confidentiality obligations.
(e) Koch Fashion may list the Customer as a reference customer in marketing materials. Any further substantive description of the customer relationship requires the Customer's prior consent.
14. FINAL PROVISIONS
14.1 Assignment
The Parties shall not assign the Contract or any of the rights or obligations hereunder to any third party without the prior written consent of the other Party.
14.2 Set‑off
The Customer may not set off any claims against Koch Fashion's claims for payment unless such claims have been finally adjudicated or expressly acknowledged by Koch Fashion.
14.3 Severability
If any provision of the Contract or these GTC is for any reason held to be invalid, illegal or unenforceable, the remaining provisions of the Contract or GTC shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by the valid, legal and enforceable provision closest to the intention and purpose underlying the original provision.
14.4 Entire Agreement
The Contract is the entire agreement of the Parties with respect thereto and supersedes and cancels all prior oral or written representations, communications, or agreements between the Parties.
14.5 Jurisdiction and Applicable Law
(a) Each Contract shall be exclusively governed by substantial Swiss law under the exclusion of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
(b) For disputes arising out of or in connection with a Contract, the courts in Zurich, Switzerland, shall have exclusive jurisdiction. Customers may also assert claims before the courts of their place of residence.
PAYMENT METHODS
- Twint
- Credit / Debit Cards
- Apple Pay
- Google Pay
- Klarna