§ 1 General

The following General Terms and Conditions (GTC) apply to all business relationships, including all orders by telephone, fax, Internet, e-mail or letter, between Secondhandbags AG , and its customers, hereinafter also referred to as "purchaser" or "buyer". The version of the GTC valid at the time of the order shall always apply. These shall therefore also apply to all future terms and conditions, even if they are not expressly agreed again. By placing an order, the purchaser recognizes the following GTC.

Deviations from these GTC are only effective if Secondhandbags AG recognizes and confirms them in writing. The customer's terms and conditions of purchase shall not be binding, even if Secondhandbags AG does not expressly object to them. Counter-confirmations by the customer with reference to its terms and conditions of business or purchase are hereby rejected.

§ 2 Offer and conclusion of contract

The customer's order constitutes an offer to Secondhandbags AG to conclude a purchase contract. After receipt of the order Secondhandbags AG shall inform the customer of the receipt of his order by e-mail (order confirmation). The order confirmation does not constitute acceptance of the customer's offer. The purchase contract is concluded upon acceptance of the offer by Secondhandbags AG is concluded. Acceptance is effected by the dispatch confirmation sent by e-mail or by delivery of the goods. Secondhandbags AG may accept the offer within two weeks of receipt of the customer's offer.

Secondhandbags AG only concludes contracts with legal entities and natural persons with unlimited legal capacity who have reached the age of majority. If it should transpire that the customer is not yet of legal age, then Secondhandbags AG is entitled to withdraw from the contract.

Secondhandbags AG is entitled to withdraw from the contract if Secondhandbags AG is not supplied correctly and/or on time by its suppliers. The customer shall be informed immediately of the non-availability of the goods. Any counter-performance by the customer shall be reimbursed immediately.

If an article is not available, we reserve the Secondhandbags AG reserves the right to offer the delivery of a replacement item of at least the same price and quality. The customer is free to accept or reject this offer.

The information in the Secondhandbags AG sales documents or in the online store (illustrations, drawings, dimensions, weights, product descriptions, content specifications, prices and other services) are only to be understood as guidelines and do not constitute a guarantee of properties unless they are expressly designated as binding in writing.

§ 3 Prices and costs

The prices include the statutory value added tax applicable in Switzerland and exclude shipping costs. The prices valid at the time of ordering apply. The prices on Secondhandbags.ch or in the sales documents are in CHF.

Shipping costs, taxes and customs duties are already included in the purchase price worldwide.

Vouchers of all types are not cumulative.

§ 4 Right of return

§ 5 Purchase on account with installment facility (PowerPay AG)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY will assume the invoice claim and process the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our own (https://www.powerpay.ch/de/agb).

Deliveries are made in accordance with the shipping conditions valid at the time of the order. The ordered goods will be delivered to the address specified by the customer. Delivery times are not binding. Fixed delivery dates must be confirmed by Secondhandbags AG must be confirmed in writing. There are no shipping costs for ordered goods that are made available for collection. The ordered goods are usually dispatched 1-3 working days after receipt of the purchase price (advance payment).

Delays in delivery and performance due to force majeure and due to events which Secondhandbags AG make delivery significantly more difficult or impossible - this includes in particular strikes, lockouts, official orders, etc. - even if they are responsible for the deliveries. Secondhandbags AG or its subcontractors occur, the Secondhandbags AG shall not be responsible for delays, even in the case of bindingly agreed deadlines and dates. They shall entitle Secondhandbags AG may postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or withdraw from the contract in whole or in part due to the part not yet fulfilled. If the hindrance lasts longer than 5 working days, the Secondhandbags AG shall be entitled, after a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if Secondhandbags AG is released from its obligation, the customer cannot derive any claims for damages from this.

If the customer is in default of acceptance or culpably violates other obligations to cooperate, then Secondhandbags AG shall be entitled to demand compensation for any damage incurred as a result, including any additional expenses. Further claims remain reserved. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance. If the products have been used or are no longer in their original packaging, the customer will be charged 100% upon return.

§ 6 Terms of payment, retention of title

The purchase price shall become due upon acceptance of the order and the order confirmation by Secondhandbags AG is due for payment. The customer shall pay in accordance with the payment terms valid at the time of the order. Rebates and discounts are not permitted.

All deliveries are subject to retention of title. Until full payment of the purchase price, including all ancillary requirements, the goods shall remain the unrestricted property of Secondhandbags AG.

The Secondhandbags AG reserves the right to exclude individual persons/purchasers from purchasing on account without stating reasons. The exclusion will be displayed on the website.

Invoices are issued by our partner Power Pay AG. Power Pay AG issues an order invoice by e-mail the day after the order is placed. The invoice must be paid within 10 days of receipt.

Power Pay AG charges a billing fee of CHF 1.90.

§ 7 Cancellation policy

No right of revocation

§ 8 Limitation of liability and warranty rights

If there is a defect in the goods ordered, the statutory provisions shall apply, unless otherwise stipulated below. Liability Secondhandbags AG is liable under the statutory provisions for damages suffered by the customer due to simple negligence, the following shall apply: Liability for simple negligence exists only in the event of default or impossibility or breach of a material contractual obligation and is limited to the reasonably foreseeable typical damage (average damage typical of the contract). Furthermore, it is limited to the order value. No compensation shall be paid for loss of profit. In all other respects, the statutory liability of Secondhandbags AG, in particular liability for intent, fraudulent concealment of a defect, gross negligence and any strict liability. Any liability arising from the assumption of a guarantee shall also remain unaffected.

The limitation of liability also applies to third parties who are included in the scope of protection of the contractual relationship. The legal representatives, employees and vicarious agents of Secondhandbags AG are not liable beyond Secondhandbags AG itself.

Warranty claims are initially limited to subsequent performance. Subsequent performance shall take place without recognition of a legal obligation and shall not lead to a recommencement of the limitation period. The customer may only withdraw from the contract or reduce the purchase price if the supplementary performance fails.

If the delivery item is defective, the defect shall be Secondhandbags AG immediately upon receipt of the goods, whereby a notification by e-mail is sufficient. Decisive for compliance with the deadline is receipt by Secondhandbags AG. Any breach of the above obligations shall exclude any warranty claims against Secondhandbags AG. If the delivery item is defective or lacks warranted characteristics, the warranty shall be provided exclusively in the form of a replacement delivery. Multiple repairs are permissible. Further claims of the customer are excluded, unless the replacement delivery fails after a reasonable period of time. In this case, the customer may, at his discretion, demand a reduction in the purchase price or rescission of the contract.

§ 9 Purchase and commission

Secondhandbags AG only accepts bags that are at the discretion of Secondhandbags AG in a good Condition which at the time of the evaluation are in the current designer directory of Secondhandbags AG and whose authenticity is confirmed by a Authenticity Check can be confirmed. Items that do not meet the stated requirements or have defects that have not been mentioned by the customer will not be accepted and will be returned.

An inspection fee of CHF 80.- (or CHF 180.- for Hermès items) will be charged for bags that turn out not to be genuine in order to cover the costs of inspection, processing and shipping. Secondhandbags AG reserves the right to take legal action in the event of the deliberate submission of counterfeits and to demand the Bag to be retained.

The ideas of the principal are taken into account when determining the price. Secondhandbags AG sets fair sales prices on the basis of experience, expertise and market research. Price changes within the agreed framework can be made by Secondhandbags AG at any time in order to enable a prompt sale. Changes outside this framework will be made after consultation with the principal, also by e-mail.

Following the sale of the Bag the share of the proceeds (after deduction of the agreed commission) will be transferred to the deposited bank account within 10 working days of the end of the return period.

Secondhandbags AG uses the online store, the existing customer base and other sales channels in order to Bag as quickly as possible. The items will remain with us for a minimum period of three (3) months. Secondhandbags AG. If the consignor reclaims his item before this period has expired, a processing fee of CHF 300 will be charged. After the deadline has expired, the customer can reclaim the item free of charge or return it to Secondhandbags AG until it is sold.

Handover shipping: Bags can be handed over in person at the store at Rennweg 57, 8001 Zurich or sent via insured shipping with one of Secondhandbags AG provided shipping label. The customer is responsible for proper packaging and preparation for shipment until the package has been handed over to the transportation service provider. Secondhandbags AG confirms receipt of the Bag by e-mail.

As long as bags are stored on the premises of Secondhandbags AG, the company undertakes to store them with the care customary in business transactions and to take appropriate security measures. Secondhandbags AG shall, however, only be liable for damage caused by intentional or grossly negligent behavior. For damage caused by theft, burglary, fire, water or other events for which AG is not responsible Secondhandbags AG accepts no liability. It is the responsibility of the principal to take out appropriate insurance if comprehensive cover is required.

§ 10 Data protection

All personal data collected will be treated with absolute confidentiality.

The type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders and support of the customer is explained in the information on data protection. The customer is informed at this point by Secondhandbags AG in detail. The customer expressly consents to this collection, processing and use of data.

§ 11 Details on data protection

All your data is stored at Secondhandbags AG is treated with absolute confidentiality. The personal data / customer data and information you provide will be processed by Secondhandbags AG only in the context of the customer relationship between you and the Secondhandbags AG is used.

Your data is processed by Secondhandbags AG will be treated confidentially in accordance with the statutory provisions. We collect, store and process your data to the extent necessary for the full processing of your purchase, including services, technical administration, our own marketing purposes and any warranties that may arise at a later date. The Secondhandbags AG is entitled to pass on your data to third parties for the purposes of creditworthiness and credit checks. The data passed on in this way may be used by the service provider of Secondhandbags AG may only be used to fulfill their task.

11.1 Data protection - Newsletter:

New customers are attracted by the Secondhandbags AG is automatically entered in the newsletter recipient list. You have the option of unsubscribing from the newsletter either in the store under "Newsletter" or in every newsletter sent to you, thereby removing yourself from the distribution list.

11.2 Data protection - Cookies:

The Secondhandbags AG used in the store secondhandbags.ch cookies. Cookies are small files that make it possible to store specific information relating to the device. They are used to make websites more user-friendly, e.g. to store login data. They are also used to collect statistical data on website usage and to analyze this data in order to improve the website. You, the user, can influence the use of cookies. In most browsers, there is a possibility/option to restrict or completely prevent the storage of cookies. However, we would like to point out that this may affect the use of our website, secondhandbags.ch, may be restricted.

11.3 Data protection - Further:

We cannot accept any liability for the security of data transmission on the Internet; in particular, there is a risk of access by third parties when data is transmitted by e-mail. The use of the contact data published in the legal notice by third parties for advertising purposes is hereby expressly prohibited. The operator expressly reserves the right to take legal action in the event of unsolicited advertising or information material being sent. Should individual provisions or formulations of this disclaimer be or become invalid, this shall not affect the content or validity of the remaining provisions.

11.4 Data protection - Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website; you can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available at the following link.

11.5 Data protection - Google Adsense

This website uses Google AdSense, a service for integrating advertisements from Google Inc ("Google"). Google AdSense uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to analyze information such as visitor traffic on these pages.

The information generated by cookies and web beacons about the use of this website (including your IP address) and the delivery of advertising formats is transmitted to a Google server in the USA and stored there. This information may be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored by you.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

11.6 Data protection - Facebook plugins (Like button)

Plugins from the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the "Like" button on our site.

When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook receives the information that you have visited our site with your IP address. If you click on the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Facebook.

If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

11.7 Data protection - Twitter

Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the "Re-Tweet" function, the websites you visit are linked to your Twitter account and made known to other users. Data such as IP address, browser type, domains accessed, pages visited, mobile phone provider, device and application IDs and search terms are transmitted to Twitter.

We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Twitter. Due to ongoing updates to Twitter's privacy policy, we refer you to the latest version at (http://twitter.com/privacy).

You can change your privacy settings on Twitter in the account settings. If you have any questions, please contact privacy@twitter.com.

11.8 Data protection - Google +1

You can use the Google +1 button to publish information worldwide. You and other users receive personalized content from Google and its partners via the Google +1 button. Google stores both the information that you have given +1 for content and information about the page that you viewed when you clicked +1. Your +1s can be displayed as references together with your profile name and your photo in Google services, such as in search results or in your Google profile, or in other places on websites and advertisements on the Internet.

Google records information about your +1 activities in order to improve Google services for you and others.

To be able to use the Google +1 button, you need a globally visible, public Google profile, which must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name can also replace another name that you have used when sharing content via your Google account. The identity of your Google profile can be displayed to users who know your e-mail address or have other identifying information about you.

In addition to the uses described above, the information you provide will be used in accordance with the applicable Google privacy policy (http://www.google.com/intl/de/policies/privacy/). Google may publish summarized statistics about the +1 activities of users or pass these statistics on to our users and partners, such as publishers, advertisers or associated websites.

§ 12 Complaints, applicable law, place of jurisdiction

Any complaints on the part of the customer must be made in writing to the company address.

Swiss law shall apply to this contract and to all disputes arising from this contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are placed from abroad or deliveries are made abroad.

The place of jurisdiction for any disputes arising from the business relationship shall be the registered office of Secondhandbags AG

§ 13 Customer ratings

If you write a customer review, product review or similar in the online store or on other publicly accessible pages, you grant us the exclusive and unrestricted license for their further use. We reserve the right to not use customer reviews after checking them without comment, or to use them only for one of the following purposes Secondhandbags AG selected period, shortened or changed or omitted completely. Customer ratings or product reviews reflect the opinion of the customer only and do not necessarily reflect the opinion of Secondhandbags AG agree.

§ 14 Final provisions

The offers from Secondhandbags AG are subject to change and non-binding.

Secondhandbags AG endeavors to describe the goods offered as accurately as possible by means of illustrations and information. The majority of products are not mass-produced items, therefore slight and seasonal deviations from images and text descriptions may occur. Due to changes in the manufacturer's packaging, it is possible in exceptional cases that the illustrations do not always correspond to the products shown. Secondhandbags AG makes every effort to keep the article illustrations up to date.

The sales staff of Secondhandbags AG are not authorized to make verbal collateral agreements or give verbal assurances that go beyond the content of these GTC.

These GTC constitute the entire agreement between Secondhandbags AG and the customer. Collateral agreements, amendments and supplements to these GTC (including this clause) must be made in writing to be legally effective.

This version represents the latest version, all previous GTC are superseded by this one.

§ Section 15 Severability clause

Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the parties. The same applies in the event of a loophole.