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General Terms and Conditions

General Terms and Conditions (GTCs)
Manyara, Katarzyna Konieczniak

1. Scope
These General Terms and Conditions (GTC) of Manyara, Katarzyna Konieczniak (hereinafter “Manyara”) regulate the rights and obligations in connection with the use of the www.manyara.ch website and the online shop on this page. The following General Terms and Conditions (GTC) apply between Manyara and its customers in the version currently available and valid when the contract is concluded. Manyara offers fashion items for sale, especially business clothing for women in Switzerland. The high-quality items are made from Italian fabrics in Europe and sent to customers in an environmentally friendly manner. Any natural or legal person who has business relationships with Manyara is referred to as a customer. The terms and conditions, the delivery and payment conditions as well as the data protection provisions may be adjusted from time to time. These terms and conditions apply exclusively. Conditions that contradict, supplement or deviate from these terms and conditions require the express written confirmation of Manyara in order to be valid. When using www.manyara.ch or when ordering an article or when concluding a contract, the customer confirms that she or he fully accepts these terms and conditions, including the terms of delivery and payment.

2. Information about www.manyara.ch
www.manyara.ch contains information about articles. We reserve the right to make changes to prices and ranges. All information on www.manyara.ch (item descriptions, images, films, dimensions and other information) are only to be understood as approximate values and, in particular, do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Manyara endeavors to provide all details and information on www.manyara.ch correctly, completely, up-to-date and clearly arranged, but Manyara can neither explicitly nor implicitly guarantee this. Manyara cannot guarantee that the items listed are available at the time of ordering. All information regarding availability and delivery times is therefore subject to change without notice.

3. Prices
There are no shipping costs. Manyara only delivers to customers based in Switzerland. All prices are gross in Swiss francs (CHF). For technical reasons, there is a purchase limit of CHF 500 per customer and order when purchasing on account. A prior credit check of the customer is possible. Technical changes, errors and misprints are reserved. In particular, Manyara can make price changes at any time and without prior notice.

4. Conclusion of contract
The offers on www.manyara.ch are an invitation to customers to order items. With the order via www.manyara.ch, including the acceptance of these terms and conditions, the customer gives a legally binding acceptance to the conclusion of the contract. Manyara sends afterwards an automatic order confirmation by email. Orders placed are binding for the customer. Orders are shipped if the items are available. If it turns out after the conclusion of the contract that the ordered articles cannot be delivered or not completely delivered, Manyara is entitled to withdraw from the entire contract or from a part of the contract. The customer's payment already made is then refunded accordingly. If no payment has yet been made, the customer is released from the obligation to pay. Manyara is not obliged to deliver a replacement in the event that the contract is terminated, nor is it obliged to pay any damages.

5. Payment options
The specified payment options are available to the customer when purchasing an item. The purchase on account is processed via the MF Group, Postfach 336, 9004 St. Gallen, Switzerland. The customer expressly declares that she or he has viewed and accepted the terms and conditions of the MF Group (www.powerpay.ch/en/agb), which form an integral part of these terms and conditions. Manyara reserves the right to request prepayment or to exclude customers from individual payment options without giving reasons.

Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s <a href="IK-LINK-HTML{6}" target="_blank">GTC</a>. (powerpay.ch/en/agb).

6. Delivery, inspection obligation and notification of defects
The articles will be sent by post to the address given by the customer in the order. The delivery time is usually 2-3 working days. As soon as the ordered item leaves the warehouse, you will receive a notification and the option of tracking the shipment by email or SMS. The benefit and risk are transferred to the customer upon dispatch. Manyara is not liable for any damage caused by the late arrival of the items to the customer or a third party. If the delivery cannot be delivered or if the customer refuses to accept the delivery, Manyara can terminate the contract after notification of the complaint to the customer and setting a reasonable deadline and invoice the costs for the activities. The customer is obliged to check the delivered items immediately upon receipt of the delivery and to notify Manyara immediately in writing of any defects for which Manyara warrants, by letter or email. If the inspection by Manyara reveals that the items do not have any detectable defects or that these are not covered by the manufacturer's guarantee, Manyara can invoice the customer for the activities, the return or any disposal.

7. Right of return and return delivery (revocation)
Manyara grants a contractual right of return on all articles (except for gift vouchers) within 14 calendar days of receipt of the article. If the customer wishes to return an item, she or he must inform Manyara in advance at support@manyara.ch, stating the reason for the return. For logistical reasons, only exchanges for different size of the same item are possible. Exchanges for different items are not possible. In such cases, the customer must return the unwanted items and reorder. Exercising the right of return leads to the contract being reversed. The customer must return the items to Manyara in their original packaging and unwashed within 14 calendar days of receipt. Returns to Manyara are made at the expense and risk of the customer. Any payment that has already been made will generally be immediately refunded using the payment method selected when ordering, provided Manyara has already received the items back or the customer can provide proof of dispatch. Manyara reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.

8. Warranty when purchasing an item
Manyara strives to deliver items in perfect quality. In the event of defects reported in good time, Manyara guarantees that the item purchased by the customer is free from defects and that it will be functional during the statutory warranty period of two years from the date of delivery. It is at Manyara’s discretion to provide warranty through free repair, equivalent replacement, or a refund of the purchase price. Further claims shall be excluded. The warranty does not cover normal wear and tear and the consequences of improper handling or damage by the customer or third parties (especially by disregarding the washing instructions provided by Manyara ) or defects that can be traced back to external circumstances. Textiles can slowly wash out after many washes, but this is not a defect of the article. Manyara is not able to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of www.manyara.ch , its functionalities, integrated hyperlinks and other content. In particular, it is neither warranted nor guaranteed that the use of www.manyara.ch will not infringe any rights of third parties who are not in the possession of Manyara.

9. Liability
Manyara excludes any liability, regardless of its legal basis, as well as claims for damages against Manyara and any auxiliary persons and vicarious agents. In particular, Manyara is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal, property or pure financial damage to the customer and third parties. Further mandatory legal liability is reserved, for example for gross negligence or unlawful intent. Manyara only uses hyperlinks on www.manyara.ch to facilitate customer access to other websites. Manyara can neither know the content of this web offers in detail, nor can it accept liability or any other responsibility for the content of these websites.

10. Confidentiality
Manyara may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations from the purchase contract as well as use it for marketing purposes. The data required to fulfill the service can also be passed on to commissioned service partners (logistics partners) or other third parties. Manyara’s data protection provisions are an integral part of these terms and conditions.

11. Further provisions
Should individual provisions of these terms and conditions be wholly or partially void and / or ineffective, the validity and / or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The valid and/or invalid provisions shall be replaced by provisions which come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any gaps in the regulations. In the event of a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction shall be Zurich.

Kilchberg, July 10, 2021

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