Terms and Conditions of Cosmobutler GmbH

1. CONTRACT
    
   These General Terms and Conditions govern the processing and shipment of all orders, including laundry subscriptions, placed by customers online from Cosmobutler GmbH.
2. LEGAL LIABILITY
    
   These Terms and Conditions are part of every textile-care contract between the customer and Cosmobutler GmbH. By placing an appropriate order, the customer accepts their validity.
3. FORMATION OF THE CONTRACT
    
   All offers of Cosmobutler GmbH are non-binding. A contract between the customer and Cosmobutler GmbH forms solely through an order from the customer and the respective acceptance thereof by Cosmobutler GmbH. The customer order is placed online through the order form provided by Cosmobutler GmbH over the Internet. Cosmobutler GmbH accepts the order through delivery or partial delivery of the ordered products or services.
4. IMPLEMENTATION AND PERFORMANCE
   
   1. Cosmobutler GmbH is committed to expert, accurate, material -saving and environmentally conscious textile care.
   2. Cosmobutler GmbH disposes based on the customer's online order. Therefore, exclusively the quantity selected by the customer through its online order is decisive for invoicing: Surplus items will be returned to the customer untreated, and the number of items selected by the customer will be billed to the customer even when the customer has submitted fewer items. The number of items counted by Cosmobutler GmbH is decisive for the return.
   3. The customer agrees to a proper and careful treatment of his allocated supplies: clothes hangers, laundry bag, shirt cover and shirt folder. For the provision of the service the customer at the completion of a Basic subscription receives 1 (one) free laundry bag and 1 (one) free shirt cover; when concluding a Basic-Folded or Premium subscription, 1 (one) free laundry bag, 1  (one) free shirt cover and 1 (one) free shirt folder. 
   4. In case of loss or damage of the listed supplies (see IV. 3) Cosmobutler GmbH will deliver additional supplies after charging a deposit of 20 CHF per laundry bag, shirt cover or shirt folder. If the customer refuses to return, looses or damages a supply listed in II.3, Cosmobutler GmbH may charge the amount of 20 CHF per laundry bag, shirt cover or shirt folder.
5. RESPONSIBILITY
   
   1. Any liability of Cosmobutler GmbH is excluded, except in cases of gross negligence. This means in particular:
      

      1.1	Assumption of a liability by Cosmobutler GmbH is the resistance of a product to the recommended treatment according to the textile care labeling processes. In the absence of textile care labelling, Cosmobutler GmbH bases its course of action on their expertise and the intended purpose of the article; liability is expressly denied in the absence of textile care labelling.
      1.2	In spite of previous expert simple fabric inspection, we can not accept any responsibility for damages caused by an unrecognizable character or hidden defects, such as insufficient strength of the material or stitching, colour fastness and print, influences on the buttons, buckles, zippers, shoulder pads, applications, ornaments, ribbons, etc., or by a faulty textile care labelling. A liability for size changes or discoloration of fabrics and knitted fabrics within the tolerance range is excluded.
      1.3	The need of a special treatment must be obvious, particularly by sensitive observable characteristics or by contamination, which require special treatment. The symbols and /or maintenance of textile care labelling instructions are critical for Cosmobutler GmbH.

   2. Cosmobutler GmbH may accept a cleaning order with reservations (so-called conditional statement or "Quality Seal").
   3. A guarantee of success by Cosmobutler GmbH is excluded.
6. BILLING AND PAYMENT
   
   1. Cosmobutler GmbH offers the following product groups for individuals (men and women), as well as corporate customers:

   1.1	Single deliveries of products and supplies (i.e. Cosmobutler shirt folder): one invoice, one delivery, no order renewal
   1.2	Laundering subscriptions (Basic, Basic Folded, Premium): one-month duration, one invoice, several deliveries, subscription is automatically renewed after one month.
   1.3	Gift subscriptions: 3, 6 and 12-month duration, one invoice, several deliveries, no order renewal

   2. The purchase price is payable when ordering a subscription, product, or gift subscription. The customer can make a payment by credit card, and by special agreement through an alternative form of payment. The shipping costs are – unless otherwise stated – included in the price. This applies to shipments within Switzerland.
7. PRICING
    
   Cosmobutler GmbH reserves the right to raise the price of its regular yearly subscription after a year, if taxes or duties such as VAT, or its wage, equipment, third party or purchasing costs have increased. In the event of Cosmobutler GmbH applying a price increase which is more than 20% higher than the increase in the general cost of living during the relevant period, the customer has the right to terminate the contract within the 4 weeks following such price increase. Führt eine Steigerung der genannten Kosten zu einer Preiserhöhung, die höher wäre (mehr als 20%) als die Steigerung der allgemeinen Lebenshaltungskosten im Vergleichszeitraum, berechtigt dies den Kunden den Vertrag zu kündigen.
8. UNPAID ACCOUNTS
    
   If any balances due by the customer have not been paid, any outstanding shipments will be held back until proof of payment has been received.
9. RETURN AND DELIVERY
   
   1. Cosmobutler GmbH makes every effort to meet the agreed delivery dates. No claims arise for the customer out of delays; especially they do not entitle him to payment reductions, payment deductions or claims for damages.
   2. The pick-up and delivery of the articles occurs only following prior electronic payment. If the delivery slip (subscription overview PDF) is no longer available, Cosmobutler GmbH may be satisfied with the presentation of a uniquely identifying customer ID. In this case, the customer has to confirm the receipt of the goods by signature. For large customers, the invoice may follow a different agreement.
   3. Items must be available for pick-up and delivery within 2 weeks after receiving an order. If delivery within this period is not possible, Cosmobutler may dispose of the items at its own discretion. For expensive items, Cosmobutler GmbH warns the customer in advance, when name and address of the customer are known. However, there is no obligation on the part of Cosmobutler GmbH, to make inquiries in this regard.
   4. If it is impossible to execute an order, the item is returned in its untreated state.
   5. The articles count as delivered if Cosmobutler GmbH has handed them over to the customer directly, or at a different location designated for delivery.
   6. In addition to the customer, all individuals encountered at the home or work address are entitled to receive the item, unless expressly and otherwise specified by the customer.
   7. Cosmobutler contacts the client in the case of unsuccessful pick-up or delivery.
10. COMPLAINTS
    
    1. Complaints by the customer must be raised upon the presentation of receipts (subscription overview PDF) immediately, latest within three working days from receipt of the item.
    2. Complaints are carefully checked and answered or explained by Cosmobutler GmbH. Further action (proper treatment, transfer for consideration and settlement of the joint claims handling facility, etc.) is determined, if possible in consultation with the client.
    3. Claims in the textile care sector cannot be insured in Switzerland. Any claims for damages by the customer are limited to a maximum value of the damaged item. This value is calculated according to the timetable for the value decline of textile care products. In particular, the customer has no claim to real-replacement or compensation for consequential damages or indirect damages.
11. SUBSCRIPTION SUSPENSION AND TERMINATION
    
    1. The subscription can be interrupted (paused) or terminated any time on the website under "My Account". The customer receives an electronic confirmation of the interruption or termination.
    2. In the case of subscription interruption the pick-ups and deliveries are interrupted over the period electronically selected by the customer. During this period the customer is not billed.
    3. The monthly subscriptions will be renewed automatically until termination. The notice period for cancelling a subscription is one working day before expiry of the contract period. Subscriptions can be terminated online via "My Account" over the Cosmobutler GmbH homepage or via e-mail. A refusal to accept deliveries is not considered as valid cancellation. Without proper cancellation of the contract, the subscription automatically renews itself by one month.
    4. When terminating a subscription, unless otherwise and expressly indicated, the customer will receive all remaining deliveries for which he/she has sufficient credit on his/her account. The subscription ends, when all items in circulation have been delivered, billed and paid for.
12. OTHER
     
    Amounts paid through the customer’s "My Account", which are smaller than the amount of a monthly subscription, count as a credit. The customer may increase his balance on the input screen under "My Account" at his own discretion.
13. LEGAL AND PRIVACY
     
    The information on this website is presented solely for the purpose of informing about the services of Cosmobutler GmbH.
    The information presented herein was compiled by Cosmobutler GmbH from internal and external sources. Cosmobutler does not accept any liability for the completeness and correctness of the information presented herein.
    Cosmobutler GmbH is not liable for personal injury and property damage arising from your failure to access this site, you not being able to access it, or your reliance on any information provided here.
    By accessing this site, you agree that Cosmobutler GmbH is not liable for any direct or indirect losses resulting from the use of the herein contained information and materials shown.
    Personal data of customers are levied only in accordance with legal regulations. 
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14. GOVERNING LAW AND JURISDICTION
    
    1. All legal relationships between the customer and Cosmobutler GmbH are subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Viennese Law of Purchase).
    2. The exclusive jurisdiction for any disputes between the customer and Cosmobutler GmbH (including on the applicability and validity of these Terms) shall be Zurich.  Cosmobutler GmbH reserves the right to prosecute the customer in the competent court of his domicile or head office or another competent tribunal.