Conditions

General terms and conditions of the online shop
of NICOLE DIEM BRILLENMODEN AG (as of December 1st, 2022)

Scope of GTC
The present general terms and conditions (hereinafter referred to as GTC) apply to all goods orders via the online shop of NICOLE DIEM BRILLENMODEN AG (hereinafter referred to as FIS). The General Terms and Conditions apply to every order in the version published on www.nicolediem.ch at the time the order is placed. The deliveries, services and offers of the FIS are made exclusively on the basis of these GTC, even if the offer is accessed from outside Switzerland. The FIS does not recognize any terms and conditions of the consumer (hereinafter referred to as customer) that conflict with or deviate from these terms and conditions and hereby expressly objects to them.
conclusion of contract
All offers of goods presented in the NDB online shop are subject to change and non-binding. All prices shown are net prices in Swiss francs and include the statutory VAT and other price components plus any postage. The FIS reserves the right to possible errors, misprints, technical changes, color changes, despite the greatest possible care. They entitle the FIS to contest the declaration of acceptance in terms of the following explanations. The FIS also assumes no liability for the correctness of the manufacturer's information. By ordering the goods, the customer makes a binding declaration that they want to purchase the ordered goods. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking the "Buy now" button, you are placing a binding order for the goods in the shopping cart. The receipt of your order will be confirmed together with the acceptance of the order immediately after it has been sent by an automated e-mail. With this e-mail confirmation, the purchase contract has been concluded. Your personal data is stored in a customer account with us. This happens as soon as you have entered your address data and our have accepted the terms and conditions and data protection declaration . To delete the account, please contact our customer service (see imprint for contact details). If a contract has been concluded but the items ordered from our suppliers are not available in the foreseeable future despite timely cover transactions, we reserve the right to withdraw from the contract If we recognize this, we will inform you immediately and reimburse any payments already made. Your orders will be stored with us after the contract has been concluded. If you lose your documents for your orders, they can be viewed in the customer login area under "My Account" and printed out again. If you did not open a customer login when placing your order, please contact us by email/fax/telephone (for contact details, see imprint). We will be happy to send you a copy of the details of your order.
retention of title
The goods remain the property of NDB until full payment has been made. Prior to the transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal or transformation is not permitted without the express consent of the FIS. FIS is entitled to withdraw from the contract and demand the return of the goods if the customer behaves in breach of contract, in particular if the customer is in default of payment or if one of the aforementioned obligations is violated.
delivery and shipping
Any shipping costs are shown in the "Conditions of delivery" section of the website and during the ordering process. If the goods are available, they will be dispatched by FIS as quickly as possible. (Glasses: delivery in 5-14 days, contact lenses: delivery in 1-10 days, sunglasses: delivery in 1-10 days, with corrective lenses in 5-14 days). If an item is not in stock at the NDB, it will be delivered as quickly as possible, subject to the manufacturer's availability. Each delivery is subject to the proviso that the NDB itself is supplied properly and on time. We will inform you of any delays in delivery. Under no circumstances can claims for damages be asserted from this. If not all items ordered are in stock, FIS is entitled to make partial deliveries at its own expense, provided this is reasonable for the customer. A delivery of a partial number of the glasses ordered is considered reasonable.
Cancellation/return policy:
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have fulfilled our information obligations. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Letter:

NICOLE DIEM GLASSES FASHION AG
Bergstrasse 121
CH-8704 Herrliberg

Fax:

+41 44 9916665

E-mail:

widerruf@nicolediem.ch
Cancellation / return consequences:
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and uses (e.g. advantages of use) or only partially or only in a deteriorated condition, you must pay us compensation for the value. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 50 Swiss francs or if, in the case of a higher price of the item, you have not yet paid the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.
Voluntary 30-day right of return with money-back guarantee
In any case, the customer receives the statutory right of withdrawal of 14 days listed in § 5. In addition and without replacing the statutory right of withdrawal, the provider grants a voluntary 30-day right of return with a money-back guarantee from the date of receipt of the goods under the following conditions. The 30-day voluntary right of return applies 16 days beyond the statutory right of withdrawal. If the buyer does not like the item ordered or does not meet his expectations, the customer can send it back to NDB within 30 days of receipt of the goods without giving a reason. The 30-day right of return applies to custom-made prescription glasses. "Merchandise" such as finished reading glasses, sunglasses, contact lenses and accessories are excluded from this regulation. The customer is also asked to send the item back to NDB in the original or other perfect packaging and with the correct address and postage. The delivery must be accompanied by the bank details to which the refund amount will be transferred. Upon receipt of the return, the customer will immediately receive a refund of the full purchase price. The reimbursement can be reduced by NDB if the returned goods show signs of use that go beyond the usual extent of trying on and checking the quality and compatibility of the vision correction, or have been damaged in any other way within the buyer's control. In this case, the customer has the right to prove that there is no or a lower impairment.
Defects / Warranty / Guarantee
The warranty/guarantee period begins on the date of delivery and lasts 2 years. Customer satisfaction is the top priority for FIS. If, despite careful processing, a delivery item is defective or lacks guaranteed properties or becomes defective within the warranty period due to manufacturing or material defects, FIS will deliver a replacement or make improvements at the customer's discretion. The FIS can refuse the selected form of supplementary performance if this can only be carried out with disproportionate costs. Obvious defects should, if possible, be reported to the FIS immediately after they are discovered in order to avoid further deterioration of the goods. Failure to report defects in a timely manner has no effect on the scope of the existing warranty obligation of the FIS. The defective delivery items are to be returned to FIS for inspection in the condition in which they were at the time the defect was discovered. The FIS also reserves the right to issue an equivalent replacement item to cover the warranty for items that can no longer be repaired or are no longer available. The replacement or exchange items do not entitle to any warranty extension. For any modification of the products, the warranty period from the first date of purchase remains binding. Different warranty and/or guarantee provisions, such as those on the packaging, are declared by the manufacturer on a country-specific basis. These warranty provisions cannot be used and are therefore considered void. In addition, FIS also has the option of refunding the purchase price, less any compensation to be paid by the customer.
Limitation of Liability
The FIS excludes its liability for slightly negligent breaches of duty, unless damage to life, limb or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely, remains unaffected. The same applies to breaches of duty by his vicarious agents.
Payment / payment options
NDB reserves the right to exclude individual payment methods for the customer. This applies in particular to first-time orders or orders with customers whose creditworthiness is not guaranteed. NDB is entitled to initially offset customer payments against existing claims against the customer. For his part, the customer is only entitled to offset if the counterclaim is undisputed or has been legally established or recognized in writing by the FIS. The customer can only exercise a right of retention if the claims result from the same contractual relationship. The customer has the right to choose between the following payment methods, with the restriction of the "invoice" payment option:
- Bank transfer before shipping (payment target 7 days from order date)
- Credit card MasterCard (debited directly after the order)
- Credit card VISA (charge directly after the order)
- Postfinance Card (debited directly after the order)
- Postfinance e-finance (debit directly after the order)
- PayPal (debit directly after the order)
- TWINT (debit directly after ordering)
If the customer defaults on payment, default interest of 5% will be charged. NDB reserves the right to prove and claim higher damages caused by delay.
privacy
All personal data will be treated confidentially in accordance with the provisions on data protection, but will under no circumstances be passed on to third parties. Customers can access and view more detailed information on the FIS website (www.nicolediem.ch).
Special additional provisions when purchasing contact lenses
The contact lens values sent in the order correspond to the information from a fitting made by an ophthalmologist or optometrist and are not older than one year. Contact lenses are used optimally when the wearer is familiar with the care and handling of contact lenses and regularly attends the necessary ophthalmological checks to avoid eye damage. The FIS expressly points out that contact lens wearers should have their eyes checked by an ophthalmologist or contact lens specialist at least every six months. If the wearer has changed brands of contact lenses, they should have their fit checked by their optometrist or contact lens specialist. The ophthalmologist or contact lens specialist should be consulted about the risks and side effects and the package inserts should be observed. The compatibility of the delivered products is solely the responsibility of the respective manufacturer. The goods are delivered in the manufacturer's unopened original packaging. No liability can be accepted for incorrect use and handling. The specified period of use of contact lenses refers to the wearing time based on experience. In order to avoid impairment of vision, the wearing times specified in the package inserts must not be exceeded. If eye irritation occurs, the contact lenses must be removed immediately and an ophthalmologist consulted.
Special, additional provisions for the order option:
"Order to view"
By paying a deposit equal to the value of the frame, you can order up to three frames to look at at home. The spectacle frames are not glazed. Glazing only takes place if you decide on one or more models of the frames ordered for fitting and commission FIS with the glazing of the glasses ordered for unconditional purchase. If you choose this option, the goods sent for fitting remain our property and our indirect possession. We only transfer direct possession of the goods to you. You can try on and examine the frames ordered for fitting within a period of 30 days after receipt. The 30-day fitting period begins for you when you receive the goods ordered for fitting. The date on which the goods are handed over to a transport company for return is decisive for the date on which the deadline expires. When checking the frames ordered for fitting, you must treat the goods with care and do everything necessary and reasonable to protect the goods from loss and damage. You only have to pay compensation for the deterioration of the item if the deterioration is due to handling of the item that goes beyond checking the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. We do not earn interest on the deposit. A claim by the customer for interest on the deposit amount deposited is excluded. The deposit is due for repayment after receipt of the return and after checking the returned frames for damage. We reserve the right to offset claims for repayment against claims for damages in the event that you cannot return the glasses to us or can only return them in a damaged condition and you are responsible for the damage or loss.
Law / Jurisdiction
All obligations are subject to Swiss law. Place of performance and place of jurisdiction is the registered office of NICOLE DIEM BRILLENMODEN AG. However, the latter also has the right to prosecute the customer at any other competent court.
Final Provisions
When selling goods via the online shop of NDB, the version of the General Terms and Conditions valid at the time the respective contract was concluded applies exclusively. Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. The FIS reserves the right to change these GTC at any time.