Terms and Conditions

Last Update: 04.04.2024

General Terms and Conditions

These General Terms and Conditions govern all services provided by Barmetal Clothing in the online shop barmetalclothing.com and are effective upon the conclusion of a contract. All deliveries, services, and offers from Barmetal Clothing are exclusively based on these terms and conditions, even if not expressly agreed upon again. By placing an order with Barmetal Clothing, you acknowledge that you have read and expressly agreed to these General Terms and Conditions.

Conclusion of Contract

All information regarding goods and prices during the ordering process is subject to change and is non-binding. Orders placed are considered binding for customers and cannot be altered or canceled. Customers will receive a non-binding confirmation from the seller upon order placement. Barmetal Clothing reserves the right to revoke its offer without prior notice before shipping notification, at which point the contract with the seller becomes effective. By placing an order, you confirm your understanding of the order’s scope and content.

Delivery

Goods are typically delivered via postal service or courier. Delivery times in Switzerland usually range from 1 to 5 working days and outside Switzerland 2-4 weeks, unless otherwise specified for a particular product. This timeframe is provided without guarantee. If the sender fails to provide the correct address or an address that the postal service cannot locate, the purchaser will be responsible for any return shipping costs charged by the postal service. Once goods are handed over to the postal service, Barmetal Clothing relinquishes liability and does not bear the transport risk. In the event that an item is unexpectedly unavailable, customers will be notified via email at the earliest opportunity.

Prices

All prices listed on barmetalclothing.com are free of VAT and exclude shipping costs. Actual shipping costs are displayed in the shopping cart before completing the order. Barmetal Clothing reserves the right to adjust prices listed online at any time without notice and without further explanation. The prices in effect at the time of ordering on the website will apply.

Shipping

Shipping costs are calculated based on current postal service prices listed at Swiss Post along with any additional packaging costs.

Payment Terms

Payment options include PayPal, credit card and payment via bank transfer. For bank transfers, payment is typically due within 4 days. Failure to make payment within this period may result in the cancellation of the order, and the goods may be released for sale again. Any transfer fees are the responsibility of the customer.

Property Retention; On Bill; Right of Retention

Property Retention: For consumers, ownership of the purchased item remains with Barmetal Clothing until the full invoice amount has been paid. If you are an entrepreneur engaged in commercial or independent professional activities, a legal entity under public law, or a special public law fund, ownership of the purchased item is retained by us until all outstanding claims arising from the business relationship with the customer have been settled. Corresponding security rights may be transferred to third parties.

Offset and Retention Rights: You are entitled to offset only if your counterclaims have been legally established, undisputed, or acknowledged by us. Additionally, you have a right of retention only to the extent that your counterclaim arises from the same contractual relationship.

Default in Payment: If the customer defaults on any payment obligations, all existing claims become immediately due.

Guarantee and Warranty

Our guarantee for goods complies with widely accepted standards and spans 12 months, unless a different guarantee period is expressly stated on the delivered goods. Any damaged goods must be reported in writing to the company address within 10 days of delivery or the occurrence of damage, failing which the warranty claim will be entirely void. The guarantee commences from the delivery date and expires due to improper use or natural wear and tear. Bags should not be loaded with a weight exceeding 5 kilograms. Barmetal Clothing retains the right to make individual decisions regarding warranty matters. Guarantee and warranty for items designated as outlet goods are excluded.

Return Policy

Every purchaser has the privilege to return their received to Barmetal Clothing within 20 days. Returned items must be in sanitary condition; otherwise, the claim for return is invalidated. For returns, buyers will be responsible for the shipping costs incurred by Barmetal Clothing or deducted from the refund amount. Return costs are to be covered by the buyer. By agreeing to the terms and conditions, you implicitly acknowledge and accept our return policy.

Minor Model Variances

Occasionally, there may be slight alterations in the design of individual items. Barmetal Clothing cannot assume responsibility for such modifications made by manufacturers and suppliers.

Care and Handling

Barmetal Clothing bears no liability for customer negligence in the care and/or handling of the supplied articles.

Data Protection

Barmetal Clothing pledges to handle your customer data with care and to comply with the relevant data protection laws. Specifically, no data will be disclosed to third parties. However, we cannot guarantee the security of data transmitted over the Internet.

Marketing

Barmetal Clothing reserves the option to utilize the email address and phone number provided during order placement for our marketing efforts (such as newsletters & others). You can opt out of this by sending a personal email to info(at)barmetalclothing.com

Vouchers

Personal vouchers intended for specific individuals or groups may not be transferred and can only be redeemed by individuals authorized by Barmetal Clothing. We reserve the right to cancel any unauthorized orders without explanation. Only one discount code may be applied per order.

General Liability

It is expressly stated that Barmetal Clothing cannot be held liable for direct or indirect damages, including consequential damages, unless such damages result from intent or gross negligence on our part. For instance, damages resulting from accidents or mishandling of Barmetal Clothing products (such as bags, etc.) are the responsibility of the individual.

Changes to Terms and Conditions

Barmetal Clothing explicitly reserves the right to unilaterally amend these terms and conditions at any time without prior notice.

Applicable Law / Jurisdiction

The relationship between you and Barmetal Clothing shall be governed by Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). Switzerland is the place of jurisdiction. The application of the Vienna Sales Convention (“United Nations Convention on Contracts for the International Sale of Goods”) is expressly excluded.

Severability Clause

If any provision of this agreement is found to be invalid, it shall not affect the validity of the remaining provisions. In such cases, the invalid provision shall be replaced by a new provision that aligns with the intended purpose or, if not feasible, as closely as possible to it.