General Terms and Conditions for the Tally Weijl Online Store
1. Scope1.1 The following general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply in their version valid as of the time when an order is placed to all contracts concluded between TW FRANCE RETAIL SARL 28 AVENUE DE MESSINE F-75008 PARIS, Director: Beat Grüring (hereinafter referred to as "Tally Weijl") and you as a consumer with respect to the purchase and delivery of goods from the Tally Weijl Online Store, irrespective of the mean of distance communication used. Any provisions which are in conflict or different from these conditions are not applicable, unless Tally Weijl has previously expressly agreed in writing to their application. These Terms and Conditions also apply exclusively should Tally Weijl unconditionally provide services and supplies in deviation from the following Terms and Conditions.
1.2 The acquisition of Tally Weijl goods in the Online Store is reserved exclusively to end-consumers fulfilling the following requirements:
- Residence and delivery address in the mainland of the French Republic, United Kingdom, Ireland, Kingdom of Belgium, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Slovak Republic, Romania, or Republic of Bulgaria;
- NOT concluding the transaction for the purpose of their commercial or independent professional activity; and
- Having completed the 18th year of age at the time of the order. If you are under 18 years old, then the participation of your parent or guardian shall be required.
2. Placing of order and conclusion of the contract2.1. The selection of goods displayed in the Tally Weijl Online Store does not constitute an offer in the legal sense, but only a non-binding invitation to you to transmit to Tally Weijl offers to conclude a purchase contract with respect to the goods displayed.
2.2. Your binding offer is placed if you have collected the selected good(s) in the shopping cart and transmitted the order in accordance with the ordering process by selecting the option "BUY". Prior to transmitting the order you can review, change or delete at any time the order information contained in your shopping cart.
2.3. Following your order placement, you will receive an automatic order confirmation by e-mail which includes the order number, the list of goods ordered and the confirmation of receipt of your order at Tally Weijl. This automatic order confirmation does not constitute acceptance of your offer, but it only confirms to you that your order has been received by Tally Weijl.
2.4. Tally Weijl has, in its sole discretion, the right to decide whether it will accept your offer to purchase (your order) or not. Any acceptance is usually notified within 14 days of receipt of your order via e-mail in the form of a delivery confirmation. The contract is only concluded through the declaration of acceptance of Tally Weijl issued in the form of the delivery confirmation, and is limited exclusively to the goods which are listed in such confirmation. No contract shall be concluded with respect to any goods for which a delivery confirmation has not been issued. This applies irrespective of whether funds have been charged from your account or not. In the event that funds have been charged from your account whilst your purchase offer has not or not fully been accepted by Tally Weijl, then you will be refunded with respect to any such amounts.
3. Delivery, cancellation of non-deliverable goods, termination and transfer of risk3.1. The goods are dispatched to the delivery address you specified and which shall be located exclusively within the mainland of the French Republic, United Kingdom, Ireland, Kingdom of Belgium, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Slovak Republic, Romania, or Republic of Bulgaria. Without indication to the contrary, delivery is effected usually within 5 working days after you received the delivery confirmation from Tally Weijl. Any information regarding delivery terms and dates is not binding.
3.2. With the delivery confirmation you will receive the tracking number through which you can track the shipment of the goods as well as an electronic invoice. No invoice in paper form will be issued by Tally Weijl. .
3.3. Tally Weijl is not obliged to keep the entire range of goods in the Online Store permanently available. If the goods are temporarily or permanently unavailable or temporarily or permanently not deliverable due to force majeure (e.g. due to strikes, lockouts, riots of all kinds, energy and raw material shortages, natural disasters, impossibility of use of means of transportation or of telecom networks, untimely delivery by suppliers of Tally Weijl, hindrance of operations, laws and other enactments, etc.) or due to other reasons for which Tally Weijl does not bear responsibility, then Tally Weijl always reserves the right to cancel your accepted order with respect to the goods thus affected, or to withdraw from the contract. You will be informed immediately about any such step. Any payments already effected will be refunded upon cancellation of the orders or withdrawal from the contract. Any further claims, in particular claims for damages, are excluded.
3.4. The risk of accidental loss or deterioration of the goods sold is transferred to you with the handover of the goods.
4. Prices and shipping costs4.1. All prices published on the website are final prices and thus include the statutory VAT valid at the time of ordering. The respective shipping costs and any additional costs are visible in the "basket" and will be added to your order.
4.2. If the prices of certain goods ordered are manifestly wrong, then Tally Weijl has the right to cancel the placed order. You have then the option to order anew the goods at the correct price.
5. Payments5.1. Tally Weijl offers exclusively the payment methods listed in the ordering process. Tally Weijl reserves the right to exclude certain payment methods.
5.3. Upon approval of the payment method by Tally Weijl your account will be charged with dispatch of the delivery confirmation.
6. Retention of title6.1. Until full payment of the purchase price the goods supplied remain the property of Tally Weijl.
6.2. Pledges, assignments or other encumbrances of the goods owned by Tally Weijl are not allowed. If third parties seize the goods, you are obliged to point out the ownership of Tally Weijl and to immediately notify Tally Weijl in writing.
7. Right of withdrawal
a.Information on right of withdrawal:
You have the right to cancel your declaration of acceptance of the contract without stating a reason within fourteen (14) days in written form (e.g. by fax, email, letter, electronic return process) or - if you received the goods before expiry of the term - also by returning the goods. The stated period of time starts on receipt of this information in written form, however, not before you have received the goods. Where goods are delivered in multiple lots or pieces, the withdrawal period expires after 14 days from the day on which you acquire the physical possession of the last lot or piece. To comply with the stated withdrawal period it is sufficient to dispatch the notice of withdrawal or the goods in time. You have to return the goods the latest within 14 days from your notice of withdrawal.
The notice of withdrawal or the goods to be returned are to be sent to:
In case of transmission of a written notice of withdrawal:
TALLY WEiJL-Online Store
CH-4051 Basel - SWITZERLAND
In case of cancellation by e-mail:
In case of cancellation via electronic return process on the Online Store website www.tally-weijl.com - click on: "Returns"
In case of cancellation by fax: +41 (0)61 568 62 00 or +49 (0)7621 98 68 281
In case of cancellation by returning the goods, the goods are to be sent in their original packaging to:
Tally Weijl Logistics Germany GmbH
DE-79541 Lörrach - GERMANY
b. Consequences of withdrawal
In the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefit(s) enjoyed (e.g. interest) surrendered. In case you cannot return or surrender the received good(s) and service(s) as well as benefit(s) enjoyed (e.g. benefits from usage) in total or in part or only in deteriorated condition, you have to provide compensation for such reduced value. For the deterioration of the goods or for benefits enjoyed this only applies insofar as the use of or the deterioration of the goods is due to handling of the goods which exceeds the regular testing of the properties and of the functionality. “Testing of the properties and functionality” means examining and trying out the goods, as would be possible and usual to do for instance in a retail shop. You can thus avoid having to pay compensation if you are not using the goods as your property and if you refrain from doing anything that diminishes the value of the goods.
You will have to bear the cost of returning the goods in case of withdrawal and such goods are shipped at your risk. Tally Weijl will reimburse all payments received from you not later than 14 days from the day on which Tally Weijl is informed of your decision to withdraw from the contract, however, not before Tally Weijl has received the returning goods.
8. Warranty8.1. You can invoke the statutory warranty regulations for defects of the goods, unless otherwise agreed. Any defects have to be notified to Tally Weijl without delay.
8.2. Any warranty is excluded if you have yourself caused a defect through modification of the goods.
8.3. Tally Weijl declines any warranty with respect to the accuracy and security of any information transmitted or retrieved from its website. Similarly, no warranty - implied or otherwise - is assumed for any information published on the website with respect to the goods, such as their descriptions, colours, materials, texture, quality, etc. Any deviations in this respect do not constitute defects.
9. Liability and limitation of liability9.1. Tally Weijl is fully and exclusively liable (1) for damages which have been caused by intent or gross negligence, (2) whenever Tally Weijl has maliciously concealed a defect, (3) if a specific guaranteed feature is missing, (4) in the event of injuries to life, body or health, or (5) for claims under mandatory product liability laws. In the event of a breach of substantial contractual obligations, the compensation shall be limited to such damages which were foreseeable and typical to the contractual relationship at issue upon conclusion of the contract (substantial contractual obligations are those the fulfillment of which allows the proper execution of the contract and on the compliance of which you may rely on a regular basis). To the extent that Tally Weijl has issued with respect to the goods or parts thereof a quality and/or durability warranty, it shall be liable under such warranty.
A liability of Tally Weijl which would go beyond what is described in the preceding paragraph is expressly excluded, irrespective of the nature of the claim asserted.
9.2. To the extent that the liability of Tally Weijl is excluded or limited, such exclusion or limitation also extends to its legal representatives and vicarious agents, to the extent that you would assert any claims against them.
9.3. Tally Weijl does not guarantee the accuracy and security of the information transmitted or retrieved through its website. Similarly, no guarantee - implied or otherwise - is assumed for information about the goods appearing on the website, such as descriptions, colours, materials, texture, etc.
10. Intellectual property rights10.1. The contents of the Tally Weijl Online Store, including the text, images, photographs, graphics, sounds, etc. (hereinafter referred to as "design elements") and the software are protected by copyright. The copyrights and trademarks and all other intellectual property rights with respect to the design elements and goods published in the Online Store are the property of Tally Weijl or of its licensors. The intellectual property rights may be reproduced, published, transmitted, modified, or used in any other way only by Tally Weijl or its licensees, unless the use by third parties has been previously expressly approved in writing by the legitimate owner.
11. Assignment of rights and obligations11.1. Tally Weijl has the right at all times to assign or to transfer its rights and duties under the contracts with you, in whole or in part, to third parties.
11.2. You are not entitled to transfer, assign or encumber, wholly or in part, any rights or obligations under the contracts with Tally Weijl to third parties without the prior consent of Tally Weijl.
12. Notices12.1. Any notices can be sent to Customer Service as follows:
In writing by post:
TALLY WEiJL Online Store
CH-4051 Basel - SWITZERLAND
For Germany: +49 (0) 30 2334 8263
For Austria: +43 (0) 126 759 76
For Italy: +39 0697 628 871
For France: +33 (0) 176 540 189
For Switzerland: +41 (0) 345 449 148
For UK: +44 (0) 20 34 99 50 47
For Belgium: +32 (0) 2 588 01 74
For Ireland: +353 (0) 143 72 387
For Netherlands: +31 (0) 708 100 214
For Romania: +40 (0) 317 801 219
For Bulgaria: +359 (0) 249 179 39
For Slovakia: +421 (0) 233 456 573
For Slovenia: +386 (0) 1888 884 71
For Luxembourg: +352 (0) 277 720 96
13. Severability13.1. If any provision of these Terms and Conditions is or becomes, wholly or in part, invalid or void, or contains gaps, then this shall not affect the validity of the remainder of these Terms and Conditions.
14. Waiver14.1. In the event that Tally Weijl should not insist in requesting from you fulfillment of the contractual obligations or should fail to exercise the rights available to it, then any such behavior shall not constitute a general waiver. You shall remain bound to fulfill your contractual obligations unless Tally Weijl notifies you an express waiver in writing.
16. Applicable law and jurisdiction16.1. Any contract between Tally Weijl and yourself is subject to Swiss law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of any other intergovernmental convention is excluded.
16.2. The place of jurisdiction is Basel/Switzerland. Tally Weijl, however, may initiate proceedings with the competent courts at your domicile.
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