§ 1. General
Your contractual partner for all orders within the scope of this online offer is Hospitality Management Services di Nicolaas Olivier Wiemeijer, hereafter HMS. Registered at the Commercial Register of the Canton Ticino, Switzerland under number CHE-212.852.011
All deliveries to the customer are based on the following general terms and conditions. These form the basis of all offers and agreements between HMS and the customer and are recognized for the duration of the entire business relationship. Opposing or deviating conditions of the buyer are only binding if HMS has acknowledged them in writing.
§ 2. Responsibility for online offer
(1) the online shop is available on the www.humanitywear.ch platform.
(2) HMS is responsible for the articles and designs offered in its online shop, and for the design of the shop as a whole.
§ 3. Conclusion of contract
(1) The "offers" contained on the website represent a non-binding invitation to the customer to order from HMS
(2) By submitting the completed order form through the website, the customer submits a binding request to conclude a purchase contract or a contract for additional work and/or services. Before the final submission, the customer has the option of checking the correctness of his entries in the "your chariot" overview section and, if necessary, correcting them. The following languages are currently available for the ordering process: English.
An automated order confirmation is then sent to the customer, via e-mail. The order confirmation is intended to inform the customer that his order has been received by HMS.
The contract is in effect when the customer has paid.
We save the text of the contract and send you the order data and these terms and conditions by email.
(3) The conclusion of the contract is subject to timely and complete payment. This reservation does not apply in the case of short-term delivery disruptions or if HMS is responsible for the non-delivery. The customer will be informed immediately about the unavailability of the service. If any consideration has been provided by the customer, it will be reimbursed.
§ 4. Delivery / dispatch
(1) Delivery is generally made within 3-4 weeks of receipt of the order confirmation by the customer.
(2) The delivery takes place according to the schedule and services of the courier of choice
(3) Deliveries are made by a shipping service provider selected by HMS. The customer has to pay a flat postage fee, which depends on the order value and the location to which delivery is to be made, within CH.
(4) Duties and taxes for shipments outside of CH are the responsibility of the purchaser.
§ 5. Prices
(1) In addition to the prices given, transport costs within CH, as per the table in the payment section, must be added to arrive at the final invoice amount. The final price for deliveries outside CH contains the applicable statutory taxes, V.A.T., and are the responsibility of the purchaser. The delivery address and the value of the order are decisive.
§ 6. Payment
(1) Payment is made by bank transfer to the account of HMS.
(2) If the bank transfer is not feasible despite the contractual execution by HMS, because a debit from the customer's account is not possible due to insufficient funds in his account or due to the provision of incorrect data, the customer has to reimburse incurred additional costs.
(3) The customer agrees that he will only receive electronic invoices. The invoices are made available to the customer in PDF format by email.
§ 7. Retention of title
(1) The goods remain the property of HMS until the claims due to HMS have been settled. If the customer is a merchant within the meaning of the Swiss Commercial Code, HMS reserves ownership of all delivery items until all payments from the business relationship have been received.
(2) The customer is obliged to treat the goods with care until the transfer of ownership to him.
§ 8. Warranty
(1) Information, drawings, illustrations, technical data, descriptions of weight, dimensions and services contained in brochures, catalogues, circulars, advertisements, or price lists are purely for information purposes. HMS does not guarantee the correctness of this information. Regarding the type and scope of the delivery, only the information contained in the order confirmation is decisive.
(2) The statutory warranty rights apply to the products we offer.
(3) In the event of returns due to defects, HMS will also cover the postage costs.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be always error-free and / or available. HMS is therefore not liable for the constant and uninterrupted availability of the online offer.
(5) The claims of the customer from the warranty presuppose that the customer, if the customer is a businessman, has complied with his inspection and complaint obligations according to Swiss Trade Law.
(6) The limitation period for warranty claims for the delivered goods is one month from receipt of the goods.
§ 9. Limitation of Liability
(1) The liability of HMS is otherwise based on the statutory provisions, unless otherwise stipulated in these general terms and conditions. HMS has liability for damages, regardless of the legal basis, only in the event of wilful intent and gross negligence. In addition, HMS has liability for damage resulting from injury to life, limb, or health in the event of simple negligence. In the case of simple negligence and the breach of an essential contractual obligation (cardinal obligation), HMS’s liability is limited to compensation for the foreseeable, typically occurring damage equal to the value of one article.
Liability under the Product Liability Act remains unaffected by the above regulations.
(2) As far as the liability of HMS is excluded or limited in these general terms and conditions, this also applies to the personal liability for damages of the employees, workers, employees, representatives, and vicarious agents of HMS.
§ 10. information about the right of withdrawal for consumers
Right of withdrawal
You have the right to cancel this contract within seven (7) days without giving any reason.
To exercise your right of withdrawal, you must contact us (Hospitality Management Services di Nicolaas Olivier Wiemeijer, Via Tarì Cippo 3b, CH-6944 Cureglia – n@humanitywear.ch) by means of a clear declaration (e.g., a letter sent by post, or email) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will refund you all payments that we have received from you, excluding delivery costs (except for the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties, and functionality of the goods.
The cancellation form:
To: Hospitality Management Services di Nicolaas Olivier Wiemeijer, Via Tarì Cippo 3b, CH-6944 Cureglia – n@humanitywear.ch:
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) as per Order Nr(s) ............
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Email of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- Date
(*) Delete where inapplicable.
Exceptions to the right of withdrawal
There is no right of revocation in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.
Fair return rules
We maintain a 30-day exchange guarantee.
Exchange your goods within 30 days of the order date, regardless of whether the article does not fit you, does not like it or does not meet your expectations for other reasons. As we make-on-demand, we offer you the following return options:
- Exchange for new goods
- Exchange for a voucher for your next order
We do not refund.
Returns made easy
- Open your shipping confirmation
- Mark "Send back"
- Advise us via email at n@humanitywear.ch , mentioning “RETURN GOODS OF ORER N° ……..”
- Your return will be processed as quickly as possible
Who pays the return costs?
From an order value of 50,-- CHF. (Swiss Francs) we pay the return costs. Please always contact us before returning anything. We may find a solution that avoids unnecessary sending back and forth of packages. For the sake of your time and the environment!
Returned goods
Every item that you order from us is unique. Returned goods do not end up in the garbage can with us.
- If the goods carry only our logo (humanity matter) then the goods will be donated to a charitable institution for further action
- If the goods carry also additional logos/texts, then we recommend that you find a suitable purpose for the goods no longer needed by you.
Notice
Our satisfaction guarantee exists in addition to your statutory rights, including the right of withdrawal and warranty claims.
§ 11. Copyrights to print designs, release from liability
(1) If the customer submits his own motif or if he has any other influence on the product (text personalization), the customer assures HMS that the text and motif are free from third party rights. In this case, any violations of copyright, personality or name rights are fully borne by the customer. The customer also assures that he does not violate any other rights of third parties by customizing the product.
(2) The customer will indemnify HMS from all claims and claims that are asserted due to the violation of such third-party rights, provided that the customer is responsible for the breach of duty. The customer reimburses HMS for all defence costs and all other claims.
§ 12. Technical and design deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues, and other written and electronic documents regarding the nature of the material, colour, weight, dimensions, design, or similar features, insofar as these are reasonable for the customer. Reasonable reasons for changes can result from commercial fluctuations and technical production processes.
§ 13. Data protection
HMS processes the customer's personal data for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by HMS to fulfil and process the contract. This data is treated confidentially by HMS and is not passed on to third parties who are not involved in the ordering, delivery, and payment processes. The customer has the right to request, free of charge, information about the personal data that HMS has saved about him. In addition, he has the right to correct incorrect data, block and delete his personal data, if there is no legal obligation to retain it.
§ 14. Dispute Resolution
Swiss Law provides a platform for online dispute resolution. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 15. Place of jurisdiction - place of performance - choice of law
(1) The place of performance for all deliveries is HMS's registered office in Cureglia, Switzerland.
(2) If the customer is a merchant within the meaning of the Swiss Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction is Lugano, Switzerland. In this case, HMS is also entitled to sue the customer at HMS's local court. The same applies if the customer does not have a general place of jurisdiction in Switzerland, relocates his domicile or habitual abode outside of Switzerland after the conclusion of the contract or his domicile or habitual abode is unknown when the action is brought.
(3) The contract in accordance with these general terms and conditions is subject exclusively to the law of the Swiss Confederation. The validity of the UN sales law is excluded. If the customer is a consumer within the meaning of the Swiss Civil Code and has his habitual residence abroad, the mandatory provisions of this country remain unaffected.
(4) Should individual provisions of these General Terms and Conditions of Business and Delivery be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract.
