General Terms and Conditions of Business

1 Scope, Costumers

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between the company Ikarus Clo, legally represented by the managing directors Mario Aramini and Claudio Grob, Bächlerstrasse 46, 8802 Kilchberg, Switzerland (hereinafter referred to as "company") and its customers. Ikarus Clo reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply and may not be unilaterally amended for this order. Conflicting conditions or conditions of the customer that deviate from these GTC are not recognised.
Customers of the company within the meaning of these GTC are both consumers and entrepreneurs.
Customers in Germany, Switzerland and abroad are supplied.
We do not offer our goods for resale purposes. We may, at our discretion, limit the quantities offered per person, household or order, and cancel orders placed by dealers, resellers or distributors. We reserve the right to cease doing business with customers who breach this policy.

2 Offers and conclusion of contracts via the Company's website

All offers made by the Company are subject to change without notice and are non-binding. A contract between the company and the customer is only concluded when the company accepts an offer from a customer. In the event of typographical or arithmetical errors or mistakes on the Website, the Company reserves the right not to accept an order.
If a customer places an order on the Company's website via the Internet, the Company will confirm receipt of the order without delay. This confirmation of receipt of the order does not constitute acceptance of the offer, but only informs the customer that his order has been received by the Company.
By sending an order to the Company via the Company's website, the Customer makes an offer to conclude a purchase contract with the Company. The acceptance of the offer and the conclusion of the contract with the Company shall take place by means of an express declaration of acceptance by e-mail or by sending the ordered goods to the Customer. The Company is entitled to accept the contractual offer made with the order via the Company's website within 5 days of receipt of this offer by the Company by means of an express declaration of acceptance or by sending the ordered goods. If the customer concludes his order with the payment instruction via the online payment service PayPal or PayPal Express, by credit card, Apple Pay, the contract is concluded at the latest when the customer submits the payment instruction.
Images of products in advertising, brochures, online shop, website, etc. are for illustration purposes and are not binding.

3 Terms of payment and prices

The customer has the following means of payment at his disposal in the online shop. Payment for the goods ordered by the customer is made by PayPal, credit card or Apple Pay. Unless otherwise stated below, the customer's payments are due within 14 days of the conclusion of the contract at the latest. The debit of the customer's account takes place following the execution of the payment process.

Payment by PayPal / Paypal Express:

When paying by means of the PayPal payment service, the customer has the option of making a payment from his PayPal account.

Payment by credit card:

When paying by credit card, the customer has the option of making a payment by credit card.

Payment by Apple Pay

When paying by Apple Pay, the customer has the option of making a payment by credit card.

The price stated when the goods are displayed is the total price including any VAT and other price components, but excluding delivery and shipping costs..

Ikarus Clo reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract. Unless points from § 2 are given.

4 Shipping costs and import duties

In addition to the purchase price, the company may charge the customer shipping costs. Any shipping costs can be found on the company's website.
In the case of deliveries of goods outside Germany, import duties may be incurred for the import of goods, which shall be borne by the customer. The amount of import duties varies in different customs territories. The customer is responsible for the proper removal of all necessary customs duties and fees.

5 Default in payment

If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts which the customer owes Ikarus Clothing under any title will become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and Ikarus Clothing can demand these immediately and stop further deliveries of products to the customer.
Ikarus Clo will charge a handling fee of EUR 5 for the 2nd reminder and EUR 20 for the 3rd reminder. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional annual percentage rate of up to 15% may be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

6 Delivery, shipment in several packages

Delivery will be made to the delivery address specified by the customer as part of the order. The transport risk for the package and the goods shall be borne by the customer/recipient himself.
If the customer does not accept the ordered products on the agreed or indicated delivery date, the seller may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.
In the case of orders for several items, the company is entitled to send the goods to the customer in several parcels, provided that this is reasonable for the customer. Any additional shipping costs incurred as a result shall be borne by the customer.

7 Delivery times

Ikarus Clo attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, delays in delivery may occur, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.
If the seller is in default of delivery, the customer (except in the case of special orders) has the right to withdraw from the contract from the 30th calendar day after the originally announced delivery date. In this case, the customer will be refunded any amounts already paid in advance. There are no further claims against Ikarus Clo.

8 Duty to inspect

The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries must be reported to Ikarus Clo within 5 calendar days of delivery. The customer is aware that such a report must be made via the personal customer account in the online shop under the heading "Contact" (Email: support@ikarusclo.com). The customer must keep such a product in its original packaging as received.

9 Transfer of risk

If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a mail order purchase upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall pass to the buyer upon dispatch of the item, even in the case of sale by delivery to a place other than the place of performance.

10 Retention of title

The delivered goods remain the property of the company until full payment has been received.
Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of Ikarus Clothing.

11 Change of order or cancellation

Orders oblige the customer to accept the products and services. Ikarus Clothing may accept subsequent changes or cancellations of orders by the customer at its own discretion and charge a handling fee of 20% of the cancelled order value, as well as any loss in value of the cancelled products since they were ordered.
If, after an order has been placed or a contract has been concluded in accordance with § 11, it becomes (partially) impossible to deliver, the customer will be informed by e-mail as soon as possible. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be released from the obligation to pay. Further claims due to delay in delivery or failure to deliver are excluded.

12 Return of goods free of defects

Ikarus Clo does not grant the right to return defect-free products.

13 Warranty and liability

Liability is governed by the applicable statutory provisions. However, in no event shall Ikarus Clo be liable for (i) slight negligence, (ii) indirect and consequential loss or damage and loss of profit, (iii) unrealised savings, (iv) loss or damage resulting from delay in delivery and (v) any acts and omissions of Ikarus Clo's auxiliary persons, whether contractual or non-contractual.
Furthermore, Ikarus Clo disclaims liability in the following cases:

improper, non-contractual or unlawful storage, adjustment or use of the products;
force majeure, in particular damage caused by the elements, damp, falling, impact etc., for which Ikarus Clo is not responsible, and official orders.

14 Data protection

The company undertakes to treat the personal data of the customers confidentially. Personal data is collected, processed and used in accordance with the statutory provisions. Personal data shall only be passed on to third parties within the framework of the execution of the contract. The data received from the customer shall be collected, processed and used by the entrepreneur for the purpose of processing the contract.
Customers can request their personal data stored by the entrepreneur at any time. Information can also be provided by e-mail. Customers may contact the Entrepreneur at any time for the deletion of user information within the scope of the legal provisions.

15 Final provisions, place of jurisdiction and applicable law

The legal relationship between the customer and the company is governed by Swiss law to the exclusion of the Vienna Sales Convention.
If provisions of the country in which a customer who is a consumer has his habitual residence provide for protection for consumers that does not exist in Swiss law, these provisions shall not apply to the legal relationship between this customer and the company.
The exclusive place of jurisdiction for all disputes arising from this contract is Zurich (Switzerland).
The Company is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor does the Company offer to participate in such a procedure.
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
Contracts may be concluded in German or English.

16 Privacy Policy

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected curreny to remain selected and consistent when browsing our website so that prices can convert to your (the visitor) local currency.

Customer information

The operator of the website, contractual partner and provider of this website is:

Ikarus Clo
Bächlerstrasse 46
8802 Kilchberg (Switzerland)
Managing directors: Mario Aramini & Claudio Grob

info@ikarusclo.com
www.ikarusclo.com