GTC

General Terms and Conditions of the online store
of NICOLE DIEM BRILLENMODEN AG (as of December 01, 2022)

Scope of application GTC
These General Terms and Conditions (hereinafter referred to as GTC) apply to all orders for goods placed via the online store of NICOLE DIEM BRILLENMODEN AG (hereinafter referred to as NDB). The GTC apply to every order in the version of the GTC posted on www.nicolediem.ch at the time of the order. The deliveries, services and offers of NDB are made exclusively on the basis of these GTC, even if the offer is accessed from outside Switzerland. NDB does not recognize any conflicting or deviating GTC of the consumer (hereinafter referred to as the Customer) and hereby expressly rejects them.
Conclusion of contract
All offers of goods displayed in the NDB online store are subject to change and non-binding. All prices shown are net prices in Swiss francs and include statutory VAT and other price components plus any postage. Despite the greatest possible care, NDB reserves the right to make possible errors, misprints, technical and color changes. They entitle NDB to contest the declaration of acceptance in accordance with the following explanations. NDB also assumes no liability for the correctness of the manufacturer's specifications. By ordering the goods, the Customer makes a binding declaration that he wishes to purchase the ordered goods. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Buy now" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order is sent together with acceptance of the order immediately after it has been sent by means of an automated e-mail. The purchase contract is concluded with this e-mail confirmation. Your personal data will be stored in a customer account with us. This happens as soon as you have entered your address details and accepted our terms and conditions and privacy policy. To delete the account, please contact our customer service (see imprint for contact details). If a contract has been concluded but ordered items are not available from our suppliers in the foreseeable future despite timely covering transactions, we reserve the right to withdraw from the contract. If we realize this, we will inform you immediately and refund any payments already made. Your orders will be stored by us after conclusion of the contract. If you lose your order documents, you can view them in the customer login area under "My account" and print them out again. If you did not open a customer login when you placed your order, please contact us by e-mail/fax/telephone (see imprint for contact details). We will be happy to send you a copy of your order details.
Retention of title
The goods remain the property of NDB until full payment has been made. Prior to transfer of ownership, resale, leasing, pledging, transfer by way of security, processing, other disposal or transformation is not permitted without the express consent of NDB. NDB is entitled to withdraw from the contract and demand the return of the goods if the Customer acts in breach of contract, in particular in the event of default of payment or breach of a previously mentioned obligation.
Delivery and shipping
Any shipping costs are shown in the "Delivery conditions" section of the website and during the ordering process. If available, the goods will be dispatched by NDB as quickly as possible. (Glasses: Delivery in 5-14 days, contact lenses: Delivery in 1-10 days, sunglasses: Delivery in 1-10 days, with prescription lenses in 5-14 days). If an item is not in stock at NDB, it will be delivered as quickly as possible subject to the manufacturer's availability. Every delivery is subject to the proviso that NDB itself is supplied on time and in the correct manner. You will be informed by us in the event of delays in delivery. Under no circumstances, however, can claims for damages be asserted. If not all items ordered are in stock, NDB is entitled to make partial deliveries at its own expense, insofar as this is reasonable for the Customer. Delivery of a partial number of the ordered glasses shall be deemed 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 goods are delivered to you before the deadline - also by returning the goods. 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 also not before fulfillment of our information obligations. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be sent to:
Letter:

NICOLE DIEM BRILLENMODEN AG
Bergstrasse 121
CH-8704 Herrliberg

Fax:

+41 44 9916665

E-Mail:

widerruf@nicolediem.ch
Consequences of revocation/return:
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or if you are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the loss in value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Goods that can be sent by parcel post are to be returned at our risk. You must bear the regular costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed 50 Swiss francs or, if the price of the goods is higher, if you have not yet paid the consideration or a contractually agreed part payment at the time of revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected 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 goods, for us with their receipt.
Voluntary 30-day right of return with money-back guarantee
In any case, the customer is granted 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 money-back guarantee from receipt of the goods under the following conditions. The 30-day voluntary right of return is valid for 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 return it to NDB within 30 days of receipt of the goods without giving reasons. The 30-day right of return applies to custom-made prescription glasses. Excluded from this regulation are "commercial goods" such as ready-made reading glasses, sunglasses, contact lenses and accessories. The Customer is also requested to return the item to NDB in the original or other flawless packaging, correctly addressed and with postage paid. The bank details to which the amount of the refund is to be transferred must be enclosed with the delivery. Upon receipt of the return shipment, the Customer will immediately receive a refund in the amount of the full purchase price. The refund may be reduced by NDB if the returned goods show signs of use that go beyond the usual extent of trying on and testing the quality and compatibility of the vision correction, or have been damaged in any other way within the sphere of control of the Customer. In this case, the customer has the right to prove that there is no or a lesser reduction in value.
Defects / Warranty / Guarantee
The warranty/guarantee period begins on the date of delivery and is 2 years. Customer satisfaction is the top priority for NDB. If, despite careful processing, a delivery item is defective or lacks warranted characteristics, or if it becomes defective within the warranty period due to manufacturing or material defects, NDB shall, at the Customer's discretion, deliver a replacement or repair the item accordingly. NDB can refuse the chosen form of supplementary performance if this can only be carried out at disproportionate cost. If possible, obvious defects should be reported to NDB immediately after their discovery in order to avoid further deterioration of the goods. Failure to report defects on time has no influence on the scope of NDB's existing warranty obligation. The defective delivery items must be returned to NDB for inspection in the condition in which they were at the time the defect was discovered. Furthermore, NDB reserves the right to hand over an equivalent replacement item in settlement of the warranty for items which 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. Any warranty and/or guarantee provisions to the contrary, 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 null and void. Furthermore, NDB also has the option of refunding the purchase price, less any compensation to be paid by the customer.
Limitation of liability
NDB excludes its liability for slightly negligent breaches of duty, unless damages resulting from injury to life, limb or health or guarantees are concerned or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely remains unaffected. The same applies to breaches of duty by its vicarious agents.
Payment / Payment options
NDB reserves the right to exclude individual payment methods vis-à-vis the Customer. This applies in particular to first-time orders or orders with customers whose creditworthiness is not guaranteed. NDB is entitled to first offset payments by the Customer 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 has been recognized in writing by NDB. 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, subject to the restriction of the "invoice" payment option:
- Bank transfer before shipment (payment target 7 days from order date)
- Credit card MasterCard (debited directly after the order)
- Credit card VISA (debited directly after the order)
- Postfinance Card (debited directly after the order)
- Postfinance e-finance (debited directly after the order)
- PayPal (debit directly after the order)
- TWINT (debit directly after the order)
If the Customer is in default of payment, default interest of 5% will be charged. NDB reserves the right to prove and claim higher damages caused by default.
Data protection
All personal data will be treated confidentially in accordance with the provisions on data protection, but will not be passed on to third parties under any circumstances. More detailed information can be accessed and viewed by the customer on the NDB website (www.nicolediem.ch).
Special, additional provisions for the purchase of contact lenses
The contact lens values provided in the order correspond to the information from a fitting carried out by an ophthalmologist or master optician and are not older than one year. Contact lenses are best used when the wearer is familiar with the care and handling of contact lenses and regularly attends the necessary ophthalmological check-ups to prevent eye damage. The NDB 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 the fit checked by their ophthalmologist or a contact lens specialist. The ophthalmologist or contact lens specialist should be consulted about risks and side effects and the package inserts should be observed. The compatibility of the products supplied is the sole responsibility of the respective manufacturer. The goods are supplied in the manufacturer's original unopened packaging. No liability can be accepted for incorrect use and handling. The stated duration of use of contact lenses refers to the period of wear based on experience. To avoid impairment of vision, the wearing times specified in the package inserts must not be exceeded. If eye irritation occurs, remove the contact lenses immediately and consult an ophthalmologist.
Special, additional provisions for the order option:
"Order to view"
You can order up to three frames to view at home against payment of a deposit to the value of the frame. The frames are not glazed. Glasses will only be fitted if you choose one or more models of the frames ordered for trial and instruct NDB to fit 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 ownership of the goods to you. You can try on and inspect the spectacle frames ordered for fitting within 30 days of receipt. The 30-day try-on period begins for you upon receipt of the goods ordered for try-on. The day on which the goods are handed over to a transport company for return is decisive for the expiry of the period. When examining the spectacle frames ordered for fitting, you must handle 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 goods if the deterioration is due to handling of the goods that goes beyond checking the properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a store, for example. We do not pay interest on the deposit. The customer is not entitled to interest on the deposit amount. The deposit is due for repayment after receipt of the return shipment and after inspection of the returned frames for damage. We reserve the right to offset claims for repayment against claims for damages in the event that you are unable to return the spectacles to us or can only return them in a damaged condition and you are responsible for the damage or loss.
Law / Place of jurisdiction
All obligations are subject to Swiss law. The place of performance and jurisdiction is the registered office of NICOLE DIEM BRILLENMODEN AG. However, the latter also has the right to sue the customer in any other competent court.
Final provisions
For the sale of goods via the NDB online store, only the version of the GTC valid at the time of the respective conclusion of the contract shall apply. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. NDB reserves the right to amend these GTC at any time.