General Terms and Conditions of Cora Hardin / Hardin Harmony

1. Validity 

1.1. These General Terms and Conditions ("GTC") govern the conclusion, content and processing of all purchase contracts for the goods and services offered in the online store of Harmony Hardin, Abendweg 11, 6006 Lucerne, Switzerland, between Cora Jean Harmony Hardin / "Harmony Hardin" (hereinafter "Seller") and a company as Buyer (hereinafter "Customer" or "Buyer").

1.2. These GTC shall be deemed to have been accepted when the goods or services are ordered.

1.3. General terms and conditions of purchase of the Customer are hereby rejected. Deviations from these GTC shall only be effective if they have been confirmed by Harmony Hardin in writing in advance.

2. Offer and conclusion of contract

2.1. The Seller's offers in the online store do not constitute a legally binding offer, but an invitation to the Customer to place a binding order.

For Customers based in the USA, there is a minimum order quantity of USD 115 for the first order and USD 90 for repeat orders. For Customers based in Switzerland, there is a minimum order quantity of CHF 115 for the first order and CHF 90 for repeat orders.

2.2. By clicking the order button on the online store, the Customer submits a binding offer to order the products listed on the order page.

2.3. The Seller may accept the Customer's offer within five working days by means of a written order confirmation (e-mail is sufficient). The contract is concluded upon delivery of the Buyer's order confirmation to the Buyer.

2.4. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

3. Prices and terms of payment

3.1. Prices

3.1.1. The current prices are published in the online store, subject to price changes and errors. For Customers based in Switzerland, prices are in Swiss francs and for Customers based in the USA in US dollars. Otherwise, section 3.1.2 below applies.

3.1.2. The prices stated in the order confirmation shall apply. Unless otherwise agreed in writing, the prices are net, excluding packaging, either in Swiss francs or in US dollars, depending on the Buyer's domicile, without any deductions, plus the statutory value added tax. The costs of packaging, shipment, insurance (in particular transportation insurance), customs duties and taxes shall be charged separately.

3.1.3. Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases from suppliers), the Seller shall be entitled to pass these price increases on to the Buyer, notwithstanding the above clause 3.1.2. However, this shall only apply if delivery was agreed later than four months after conclusion of the contract.

3.2. Terms of payment

3.2.1. Payment must be made using one of the methods specified in the Seller's online store.

3.2.2. If advance payment has been agreed, payment is due immediately after conclusion of the contract. All other payments are due for payment within 5 working days of dispatch of the delivery. At the Customer's request, the Seller may grant other payment dates or periods.

3.2.3. If the Buyer fails to meet the payment dates or deadlines mentioned in section 3.2.2, interest on arrears of 5% per annum shall be owed without special reminder, subject to the assertion of further claims. The obligation to pay in accordance with the contract remains in force.

3.2.4. The purchaser shall only be entitled to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established.

4. Delivery, delivery periods and delay

4.1. Terms of delivery

4.1.1. The ordered goods (in stock) will be dispatched within ten working days of the order confirmation. Requested shorter processing times and/or express deliveries must be clarified with the Seller when the order is placed.

4.1.2. Unless otherwise agreed in writing, deliveries shall be made by post or other parcel delivery company. The place of performance shall be the place of the post office or parcel delivery company where the delivery was handed over for dispatch.

4.1.3. The Seller is entitled to make partial deliveries and issue corresponding partial invoices insofar as this is reasonable for the Buyer. Partial deliveries are reasonable if:

i. the partial delivery can be used by the Customer for the contractually intended purpose,

ii. the delivery of the remaining ordered goods is ensured and

iii. the Buyer does not incur any significant additional work or costs as a result (unless the Seller agrees to bear these costs).

4.1.4. Backordered products will be noted at the time of order and/or shipment. All backordered products will be shipped free of charge as soon as they are available, unless otherwise stated. Backordered products may take up to 60 days to ship.

4.1.5. Regular shipping costs apply to pre-orders if they are ordered alone. If ready-to-ship products are ordered together with pre-orders, the shipping costs are split and only charged for the larger shipment.

4.2. Delivery times and delay

4.2.1. Delivery periods and delivery dates shall be agreed individually or specified by the Seller in the order confirmation. Unless otherwise agreed in writing, delivery dates and delivery periods are not fixed dates. The commencement of and compliance with agreed delivery periods and/or dates shall be subject to the fulfillment of the obligations to cooperate, in particular the timely receipt of all information to be provided by the Buyer and any documents, approvals, releases and the like as well as compliance with the agreed terms of payment by the Buyer. If these conditions are not duly fulfilled in good time, the delivery periods and/or dates shall be extended accordingly; this shall not apply if the delay is solely attributable to the Seller. The Seller's other statutory claims shall remain unaffected.

4.2.2. If non-compliance with the delivery deadlines is due to force majeure (in particular in cases of force majeure or non-availability of the service such as war, epidemics, pandemics, terrorist attacks, import and export restrictions, labor disputes, including those affecting suppliers) or other events for which the Seller is not responsible, the agreed delivery deadlines shall be extended accordingly. If events of force majeure or equivalent events last longer than three months, each party to the contract shall be entitled to withdraw from the contract if an adjustment of the contract is not possible.

4.2.3. If the Seller is responsible for a delay in delivery, the Buyer may put the Seller in default by means of a written reminder and set a reasonable deadline (at least 10 working days) for the Seller to subsequently fulfill its obligations. For any claims for damages due to delay in delivery, clause 9 below shall apply in cases of legally binding agreed delivery periods and/or deadlines. The application of Article 190 of the Swiss Code of Obligations is expressly excluded.

4.2.4. If the goods are delivered on call, the Buyer is obliged to call the goods within the agreed period. Unless otherwise agreed in writing, the call-off period shall be one year. After expiry of this period, the Seller may demand immediate call-off.

5. Transfer of risk

Benefit and risk are transferred to the Buyer upon conclusion of the contract in accordance with section 2.3 above.

6. Complaints and notification of defects

6.1. Defects must be reported to the Seller in writing and with photos within 5 working days of receipt of the delivery at harmonyhardinillunstration@gmail.com.

6.2. At the Seller's request, the Buyer shall return the rejected deliveries to the Seller at its own expense. If the complaint is justified, the Seller shall reimburse the costs of the most favorable shipping route. If a notice of defects is unjustified, we shall be entitled to have the Buyer reimburse us for the expenses incurred.

6.3. Claims for defects are excluded if the defect is not reported in good time.

7. Warranty

7.1. The vendor shall only be liable for ensuring that the goods are free from material defects and defects of title. Any further warranty is excluded to the extent permitted by law.

7.2. Minor defects and insignificant deviations from any warranted characteristics of the goods shall not trigger any warranty rights.

7.3. In the event of a warranty claim, the Customer shall be entitled to replacement or rescission. The choice of the type of defect rectification is at the discretion of the Seller. If the Seller decides to cancel the contract, a credit note will be issued at the current price (maximum of the sales price at the time of the order).

7.4. Warranty claims against the Seller are only available to the direct purchaser and are not transferable.

8. Retention of title

8.1. The Seller remains the owner of all goods delivered until the Buyer has paid the purchase price in full.

8.2. The Buyer is obliged to cooperate in measures necessary to protect the Seller's property; in particular, upon conclusion of the contract, the Buyer authorizes the Seller, at the Buyer's expense, to enter or register the reservation of title in public registers, books or the like in accordance with the relevant national laws and to fulfil all formalities in this regard.

8.3. The Buyer shall store the delivered goods at its own expense for the duration of the retention of title in such a way that they are protected against theft and damage. Furthermore, he shall take all measures to ensure that the Seller's title to the goods is neither impaired nor revoked.

9. Limitation of liability

Claims for damages against the Seller arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded, except in cases of wilful misconduct or gross negligence. Any liability for loss of profit, indirect and consequential damages is rejected.

10. Copyrights and related rights

10.1. The products offered in the online store are copyrighted works within the meaning of the Swiss Federal Act on Copyright and Related Rights. The author of these works is Cora Jean Harmony Hardin.

10.2. The conclusion of the purchase agreement pursuant to Section 2 above does not transfer to the Buyer the right to reproduce, modify and/or use the products to create a second work. The right to include them in a collective work in the sense of a digital or physical sales catalogue for end Customers remains unaffected by the principle of exhaustion.

10.3. The Buyer grants the Seller an irrevocable, gratuitous, non-exclusive right, unlimited in time and territory, to freely dispose of its products or works (in particular to sell them to third parties).

11. Data protection

Insofar as personal data is processed, the Seller shall comply with the statutory provisions on data protection. In this case, the details of the data collected and their respective processing can be found in a data protection declaration provided by us or in a separate agreement to be concluded on data processing. Further information on the data collected and their respective processing is explained in our data protection information (see https://harmonyhardin.shop/policies/privacy-policy).

12. Final provisions

12.1. Amendment of the GTC

The Seller reserves the right to amend these GTC at any time.

12.2. Changes to the legal framework

If the statutory framework conditions change and the contractual relationship between performance and consideration is significantly affected as a result, the parties shall negotiate in good faith on the adjustment of the affected contractual provision.

12.3. Assignment and pledge

The Buyer is prohibited from transferring or assigning a contract and/or individual rights and obligations arising therefrom without the Seller's prior written consent.

12.4. Severability clause 

Should any provision of these GTC and the other agreements made be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provisions.

12.5. Authoritative language

These GTC are written in German and, for information purposes, in English. The German version is authoritative.

12.6. Applicable law and place of jurisdiction

12.6.1. The contract shall be governed exclusively by Swiss law to the exclusion of its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 is excluded.

12.6.2. The courts in Lucerne, Switzerland, shall have exclusive jurisdiction for all disputes arising from or in connection with a contract.

 

Cora Jean Harmony Hardin / "Harmony Hardin", October 2024