General terms and conditions
General terms and conditions of business
1. General
bernina-shop.ch and bernette-shop.ch are the online stores of the sole proprietorship BERNINASHOP, Patrick Planche with registered office in CH-3900 Brig (VS) and the commercial register number CHE-103.557.587. We have been an official and certified BERNINA partner since 01.07.1997. You place your orders and purchases at BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) and the delivery is made by us.
All services provided to the customer by the Online Shop bernina-shop.ch and bernette-shop.ch are provided exclusively on the basis of the following General Terms and Conditions. Deviating regulations are only valid if they have been agreed upon in writing between BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) and the customer. The general terms and conditions (GTC) are the basis of a fair partnership. By sending an order, you agree to the terms and conditions. BERNINASHOP, Patrick Planche, CH-3900 Brig (VS) is entitled to change or amend the GTC including all attachments (terms of delivery and payment) at any time with a reasonable transition period. Orders received before the change will be processed according to the old GTC valid at that time.
2. Offer
The offers of our online store on the Internet represent a non-binding offer to the customer to order goods in this online store. By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract. Our online store is entitled to accept this offer by sending an order confirmation or to reject it without giving reasons. The purchase contract is concluded with the order confirmation, which is sent by e-mail. Small deviations and technical changes compared to our illustrations or descriptions are possible. A course registration is binding. With a valid registration you will be reserved a place in the corresponding course. A course will be held with a minimum of 2 participants. The decision to hold the course will be made at the latest 2 weeks before the course starts.
3. Prices
The offers of the online store on the Internet represent a non-binding invitation to the customer to order goods in the online store. By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract. The order confirmation will be sent electronically to the e-mail address provided by the customer.
All prices are shown in CHF (Swiss francs), or the selected currency and include VAT. Information on shipping costs, please refer to the store page "Shipping costs". Prices are subject to change without notice. For deliveries abroad we charge the usual postal rate. This can be requested at any time.
For deliveries abroad, the shipping costs exemption does not apply for an order value over CHF 100.
4. Delivery times and delivery
All articles will be delivered immediately, if available from stock.
Deliveries are made within Switzerland and, upon request, within Europe.
If an item is not available in the time specified on the product page, we will inform you by e-mail about the expected delivery time, provided that we have an address from you.
In the event of delays in delivery, such as force majeure, traffic disruptions and natural events, as well as other events for which we are not responsible, no compensation can be claimed.
Information about the expected delivery time is not binding. If an item is no longer available or at least not available for the foreseeable future, the customer will be informed and the item will not be delivered. We reserve the right of partial delivery. Articles that are made to order or only after an order has been placed will be delivered at a later date.
All orders are binding. All weight specifications in our store are only guidelines.
The shipping costs are shown with the order and include postage and packaging. The customer has the option to pay by payment methods offered in our online store. Unpaid goods remain the property of BERNINASHOP, Patrick Planche, CH-3900 Brig (VS). BERNINASHOP patrick Planche, CH-3900 Brig (VS) reserves the right of prior sale. After shipping, the item becomes the property of the buyer. The sender declines any responsibility for loss or damage caused by the transport company. Likewise, BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is not liable for theft or undelivered goods. In case of refusal to accept, the ordered goods, wrong or insufficient address information, unreported absence, the or the orderer is liable for the packaging and shipping costs. Likewise for the return fees or repeated sending. In case of absence of a delivery due to theft, the customer is obliged to report this within 7 days in order to be able to initiate appropriate prosecution proceedings. The notification of theft is the responsibility of the customer.
5. Packing and shipping costs
For delivery within Switzerland, we charge a shipping fee for orders under CHF 100. For orders over CHF 100, we deliver free of charge within Switzerland. Shipping is by PostPac priority and from a value of CHF 250.- registered mail (receipt against signature). Express shipping (SwissMond) is available on request for an additional charge and can be selected in the shipping methods. The shipping fee includes postage costs, packaging material and a handling fee.
For deliveries abroad we charge the usual postal rate. This can be requested at any time.
For deliveries abroad, the exemption from shipping costs does not apply for an order value of more than CHF 100.
Deliveries abroad may take longer (up to 10 working days).
6. Payment
All prices are final prices, which include the legal value added tax of currently 8,1%.
Payment can be made exclusively by credit card, Postfinance, Paypal, TWINT, bank transfer/advance payment, cash payment upon collection in the store or purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept the AGB of POWERPAY in addition to our GTC. (powerpay.ch/en/agb)
7. Right of withdrawal
A return of products by the customer requires the prior consent of BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) and is at the expense and risk of the customer. Products must be returned in their original packaging and accompanied by a detailed description of the defect(s) within a maximum of 7 days after delivery.
For procurement products, remnants and articles that have been specially made or cut or modified for you, a return is excluded.
In case of return of goods, which are not caused by the fault of BERNINASHOP , Patrick Planche, CH-3900 Brig (VS), the customer will be credited with the value of the goods based on the lower price, if the price has been reduced in the meantime. In the case of unjustified returns for credit, we will charge a return fee of 10% of the value of the goods, with a minimum of CHF 20.00.
The revocation in text form is to be addressed to:
BERNINA Shop
Patrick Planche
Gliserallee 8
CH-3902 Brig-Glis
In case of an effective revocation, the customer is obliged to return the received goods. If the customer is not able to return the received goods, or if he is not able to return the received goods in whole or in part, or if he is only able to return the received goods in a deteriorated condition, the customer shall compensate BERNINASHOP, Patrick Planche, CH-3900 Brig (VS) for the corresponding reduction in value in the event of his revocation. If the customer has already paid the purchase price, BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is entitled to deduct the reduction in value from the repayment amount.
In individual cases, the reduction in value may correspond to the purchase price paid. The customer bears the costs of the return, unless the delivered goods or services do not correspond to the ordered ones. In return BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) pays in case of an effective revocation a possibly already paid purchase price back to the customer, shipping costs and possible handling fees will be deducted. Until the complete return of the goods BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) makes use of his right of retention.
Course bookings: If you are unable to attend, a written cancellation is possible free of charge up to three weeks before the start of the course. In case of a later cancellation, the full course fee will be charged.
8. Transfer of risk
The risk is transferred to the buyer upon receipt of the order. If transport damage to the goods is detected, the recipient must immediately contact the carrier (shipping service) with a damage report. Other recognizable transport damages are to be asserted at the latest within 3 days after receipt of the commodity opposite us by telephone or in writing.
9. Warranty
The warranty period begins on the date of delivery or on the date of the beginning of the warranty mentioned on the official warranty certificate and is 2 years for all machines. The warranty conditions of the respective manufacturer apply. In case of defects caused by incorrect handling, normal wear and tear, by external influence or opening of the machine, the warranty does not apply. In the event of repairs to the goods carried out by the customer or by third parties without our written consent, the warranty claim against us shall lapse.
10. Limitation of liability
Unless otherwise stated below, further claims of the customer, regardless of the legal grounds, are excluded. The BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is therefore not liable for damages that have not occurred to the delivery item itself; in particular, the BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is not liable for lost profits or other financial losses of the customer. As far as the contractual liability of the BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The above limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the customer asserts claims regulated by law. The provisions of the Product Liability Act shall remain unaffected.
If the BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) negligently violates an essential contractual obligation, the obligation to pay compensation for property damage is limited to the typically occurring damage.
If the supplementary performance is carried out by means of a replacement delivery, the customer is obliged to return the first delivered goods within 30 days to BBERNINASHOP, Patrick Planche, CH-3900 Brig (VS) at the expense of the same.
The return of the defective goods has to take place according to the legal regulations. The BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) reserves the right to claim damages under the conditions regulated by law.
The period of limitation is two years. The period begins with the delivery of the item.
11. Acceptance and inspection
The customer has to check the goods immediately after acceptance. Obvious defects are to be reported immediately. In the case of deliveries with transport damage, the customer must also immediately record a damage report, which he must have visualized by the forwarding agent.
Hidden defects must be reported immediately upon discovery. Defects must be reported in writing. Delayed and not in writing formulated notices of defect result in the forfeiture of the listed warranty.
In case of warranty BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is entitled at its option
- to deliver a replacement against return of the rejected goods,
- to refund the purchase price
- or to refund the reduced value of the goods while maintaining the purchase contract.
If the customer does not notify VS in time, any warranty and any other claim of the customer shall expire, unless the damage or defect was not recognizable during the required initial inspection.
12. Free initial instruction
For each newly purchased BERNINA machine (sewing machine, embroidery module, embroidery machine and overlock), the customer is entitled to a free initial instruction. (duration approx. 1 - 1.5 hours) Valid: during the first 2 years (corresponding to the 2-year warranty period)
The initial instruction can be obtained from our store in Brig (VS).
If this is not possible, a free initial instruction can be obtained from any official BERNINA dealer in Switzerland. The cost of this will be covered by us and therefore remains free of charge.
The "free initial instruction" service is not available for bernette machines. Instructions for bernette machines can be booked and obtained from official BERNINA dealers in Switzerland for a fee.
We are available to schedule free initial instruction.
13. Data protection
The data you provide will be used by us exclusively for processing your orders. All your data will be treated strictly confidential by us. A passing on of the data to third parties (e.g. dispatch services) takes place from us only, if this is necessary for the order handling. The order data will be transmitted encrypted and secured, but we assume no liability for data security during these transmissions over the Internet (eg due to technical errors of the provider) or for any criminal access by third parties to files on our website.
14. Security
Your credit card information is encrypted using proven SSL technology. Each transaction is authorized online with the appropriate credit card company. Your credit card statement will show your purchases at BERNINASHOP Brig. Your credit card information will not be stored by us.
15. Retention of title
The delivered items remain the property of BERNINASHOP, Patrick Planche, CH-3900 Brig (VS) until full payment.
The latter is entitled to make a corresponding entry in the retention of title register. If the customer is in default with the payment of the purchase price, BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.
16. Copyright
All third-party logos, images and graphics displayed are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines displayed on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.
17. Other
We have no influence if articles are taken out of the program by our suppliers and are therefore no longer available or have been changed in type and design. If we are offered a replacement article by the supplier, we will inform you. A claim for damages, because of no longer available articles, can not be asserted against us. We reserve the right to change prices of individual articles.
18. Validity of the general terms and conditions
With an order the general trading conditions of the BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) are recognized. Should any provision of these General Terms and Conditions, for whatever reason, be void, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation. Place of performance and jurisdiction is, unless otherwise provided by law, the city of Brig-Glis.
19. Final provisions
For the sale of goods in the online store of BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) (bernina-shop.ch and bernette-shop.com), only the terms and conditions in the version valid at the time of the respective conclusion of the contract apply. These terms and conditions apply in particular even if they should differ from those of the customer. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. In all other respects BERNINASHOP , Patrick Planche, CH-3900 Brig (VS) reserves itself changes of these general trading conditions at any time.
20. Disclaimer
BERNINASHOP, Patrick Planche, CH-3900 Brig (VS) assumes no liability for damages, injuries, and consequential damages, etc., resulting from use with products sold by us.