Terms of service
Please note: Only the English original of these terms of service is legally binding. The French, German & Italian automatically generated translation is provided for information purposes only and has no legal force. By accepting these terms of service, you automatically accept the English original.
1 Scope
The present terms of service (hereinafter “TOS”) apply to all transactions made through the online store www.canemundi.ch (hereinafter individually referred to as “online store”). Both online stores are operated by Cane Mundi (hereinafter “Cane Mundi”).
These TOS also apply to all transactions made within the scope of Cane Mundi’ marketplace plan (hereinafter “marketplace plan”). The marketplace plan allows selected third-party providers (hereinafter “sellers”) to offer products and services under their own name and sell them to customers via the Cane Mundi online stores.
Cane Mundi reserves the right to change these TOS at any time. The version of the TOS valid at the time of order placement applies and may not be changed unilaterally for the respective order.
The range of products and services available in the online store, including the scope of the marketplace plan, (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
Products are available for as long as they can be found through the search engine in the online store and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18.
Large orders exceeding a standard amount may be refused without reason.
2 Information
2.1 Product and price
Product images used for advertising, brochures, the online store etc. are for illustration purposes only and are not binding.
Product information available through the online store is compiled to be as truthful as possible but is not binding. Information provided by the manufacturer applies, provided that it is valid and applicable in Switzerland.
All prices quoted are net, in Swiss Francs, include value added tax (VAT) as required and, where applicable, include packaging costs and delivery costs as well as any additional charges and costs.
Cane Mundi and the sellers reserve the right to change prices of products and services at any time. The prices stated in the online store at the time of order placement apply.
Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurance etc., are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery times
Cane Mundi is committed to providing up-to-date and precise information on availability and delivery times in the online store. However, production and delivery shortages in particular may cause delivery delays for Cane Mundi as well as for sellers. Therefore, all information on availability and delivery times is subject to change.
2.3 CO2 Compensation
Cane Mundi can offer the customer the choice to contribute a maximum of 5% of the value of the goods to the compensation of CO2 emissions of their purchase. If this choice is available, it will be shown to the customer together with the amount of the climate contribution in the checkout overview. Cane Mundi collects the climate contribution with the support of a third party. The contributions flow into selected environmental projects in Switzerland. Once the order has been confirmed for shipping, the climate contribution paid cannot be refunded. Cane Mundi does not warrant that any information, assurances or calculations made by Cane Mundi or the third party provider regarding the climate contribution are correct.
3 Contract conclusion
Products and prices stated in the online store are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from Cane Mundi shall be deemed concluded with Cane Mundi as soon as an order has been placed by the customer in the online store (hereinafter referred to as “contract”).
For products and services offered by a seller, the contract is concluded between the seller and the customer as soon as an order has been placed by the customer in the online store. Cane Mundi only mediates in the sales and acts as intermediary and service provider for sellers, but does not act as contracting party for the customer.
Customers can see in the online store and on the invoice who the supplier or rather the contracting party for any purchase is (either Cane Mundi or the seller).
Customers are informed of their order placement by means of an automatically generated order confirmation by Cane Mundi, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online store and a contract was therefore concluded with Cane Mundi or the seller under condition of deliverability and correct price quotation.
4 Delivery date
Together with the confirmation, the customer is either provided with package tracking information and/or a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by Cane Mundi or the seller is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Cane Mundi will refund the customer any amount paid in advance. No further claims towards Cane Mundi or the seller apply.
5 Delivery
For products and services by Cane Mundi, all delivery options described during the check out in the online store are available to the customer.
Products and services purchased from a seller can only be shipped to a customer and cannot be collected.
The delivery address in Switzerland or Liechtenstein must be easily accessible by road. Should this not be the case, the customer shall bear any consequential costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Cane Mundi or the seller may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform Cane Mundi Customer Assistance of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. This also applies to products and services by sellers. The customer is aware that this information needs to be given via email to Cane Mundi Customer Assistance. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as instructed by Cane Mundi Customer Assistance.
7 Liability and exclusion of liability
7.1. Liability
Liability is based on the applicable legal provisions. However, in no event shall Cane Mundi or the seller be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Cane Mundi or the seller, be this contractual or non-contractual.
Moreover, Cane Mundi or the seller will not accept any liability in the following cases:
- storage, setting or use of products that is improper, unlawful or contrary to contract;
- use of incompatible spare parts or accessories (e.g. power supply);
- failure to maintain and/or improper modification or repair of the products by our clients or a third party;
- force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Cane Mundi or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services.
7.2. Limitation of liability
Cane Mundi accepts no liability for loss or damage of any kind – whether it be for direct, indirect or consequential damage that may arise from the use of or access to the Cane Mundi websites or from any links to third-party websites. Cane Mundi does not warrant that the individual parts of the website run flawlessly. Furthermore, Cane Mundi accepts no liability for any manipulation of the internet user’s IT system by unauthorized persons.
8 Payment
8.1 Payment methods
Cane Mundi claims all payments for products and services purchased on the Cane Mundi online stores directly from the customer. Sellers assign any payment claims resulting from the purchase contract between the seller and the customer to Cane Mundi (cession). The customer acknowledges this cession and is obliged to make payments to Cane Mundi only.
Payment must be made in Swiss Francs.
Payment methods available to customers for the online store are listed on the site main page and during the checkout.
When paying by credit card or other instant payment methods, the amount is debited at the time of order.
In case of prepayment, delivery is made only after receipt of the payment. The products in stock at Cane Mundi are reserved until the expiration of the payment term, which is at least 20 calendar days. This also applies to products that are ordered from an external source, but processed and shipped by Cane Mundi. Products that are delivered to customers directly by a seller or an external distributor are only ordered upon receipt of payment.
8.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Cane Mundi for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Cane Mundi may request immediate payment and suspend any further product deliveries to the customer.
Cane Mundi levies an administrative charge of CHF 10.– from the second reminder and CHF 30.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
8.3 Reservation of ownership
All ordered products remain the property of Cane Mundi or the seller until payment is received in full. Cane Mundi or the seller is entitled to make an entry in the register for reservation of ownership. Without the express consent of Cane Mundi, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
9 Order change or cancellation
Order placement obliges the customer to accept the products and services. Cane Mundi or the seller may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 50.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Returning non-defective products
Cane Mundi, or the respective seller, guarantees the right to return a product under the conditions listed in the Return policy. To see if a product can be returned, as well as the applicable return period, please refer to the Return policy.
Customers must announce the return of a product by email with Cane Mundi Customer Assistance and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned (with the exception of specific requests in relation with quality related investigations) or will be fully invoiced to the customer, respectively.
Should customers exercise their right of return according to the above-mentioned return conditions, Cane Mundi shall refund the total purchase price with the exception of any shipping costs paid.
12 Further provisions
15.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for six months by Cane Mundi or the seller before being disposed of.
15.2 Data privacy protection
The privacy statement is an integral part of these TOS. By accepting these TOS, customers also agree to the privacy statement.
15.4 Partial invalidity
Should individual terms of these TOS be invalid or void, the validity of the other provisions of these TOS are not affected by this.
15.5 Place of jurisdiction and applicable law
All legal relations between Cane Mundi and customers as well as between sellers and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The following exclusive places of jurisdiction apply:
For any claims resulting from purchase contracts in which one party is Cane Mundi: For claims by consumers, the place of jurisdiction that applies is Switzerland or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Switzerland.
For any claims resulting from purchase contracts in which one party is a seller: For claims by consumers, the place of jurisdiction that applies is the seller’s domicile or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is the seller’s domicile.
15.6 Copyright notice
All reproduction, distribution or other use is prohibited except with written permission from Cane Mundi. In the event of breach of this requirement, Cane Mundi reserves the right to take legal action.
Questions about these Terms of Service should be sent to customerservices@canemundi.com