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terms & conditions
1. Scope
All business relationships between us, STUDIO FROM SCRATCH GmbH, Glärnischstrasse 297, 8708 Männedorf, Switzerland and its brand AMAZED BY RETRO (herein after referred to as «ABR»), and customers residing worldwide who use ABR’s internet offerings including, but not limited to, ABR’s online shop, shall be subject exclusively to the general terms and conditions set forth below in the version applicable at the time of ordering, unless agreed upon otherwise in writing. The general terms and conditions shall apply only if applied by ABR in writing.
2. Offerings and formation of purchase agreement
The presentation of products in ABR’s online shop shall not constitute a legally binding offer, but rather a non-binding invitation to place an order. Errors in the presentation shall be reserved. The right to customary deviations from the images and descriptions in ABR’s brochures, price lists, catalogs and other publications, and to deviations that result from legal regulations or constitute technical improvements and the right to replace parts with equivalent parts, so far as they do not compromise the usability of the respective product for the contractually agreed-upon purpose, shall be reserved.
The customer can move products to the virtual shopping cart with a click of the mouse. All products selected will be shown in the virtual shopping cart to enable the customer to review his/her order. By clicking the submit order button, the customer submits a binding offer for the formation of a purchase agreement regarding the products previously moved to the virtual shopping cart. The customer shall be bound by said offer until his/her written cancellation of the order or until it's written order cancellation by ABR. The customer’s order shall be forwarded to ABR and the customer shall receive an electronic order confirmation by e-mail without undue delay. ABR expressly points out that an order confirmation does not constitute acceptance of the respective order; an agreement between the customer and ABR shall not be concluded until ABR has sent a shipping confirmation by e-mail and/or has delivered the product(s) to the customer.
3. Product availability and delivery
In the online shop, the customer can see products which are normally available for immediate shipping or pick up. But, since most products are used, NOS (new old stock) or in other ways unique items, there is no guarantee for availability due to sales on other platforms or a prior sale on the ABR website/webshop itself. All products shall be subject to the delivery deadline indicated in the relevant product description.
Products are usually used items and usually not in new condition, as in bought new from factory in the current day, but rather will show traces from having been used, not only, but also, heavily in their intended application as well as some traces of storage, transportation or from being exhibited for longer durations in a physical shop or similar. Some of the products are really old and it is impossible to determine the mileage and kind of use the parts may have had before they became a property of ABR and became available to buy on one of ABR's selling platforms. We carefully check all parts for visual or physical damage but the customer is obligated to check all parts before installing them to a bike and check the bike to be in safe riding condition before every ride. If the customer is not a professional bicycle mechanic, he/she must have the parts bought through ABR installed by a professional bicycle mechanic. Customers must expect that all products sold by ABR have potentially reached their expected useful life. Therefore they can't be used for their originally intended use anymore. Rather they they are meant to be used for collecting and exposition purposes only. We generally advise all customers to be careful and keep in mind that bicycle technology has made big steps in the last 200 years!
Delivery shall be made to the delivery address provided by the customer. Such delivery address may deviate from the billing address. Where the customer has not provided a delivery address, delivery shall be made to the billing address.
ABR shall have the right to make partial deliveries if and when such partial delivery
- is useful to the customer under consideration of the contractually agreed-upon purpose intended, and
- does not entail any material additional effort or additional costs for the customer.
4. Transfer of risk
If the customer is a consumer, the shipping risks shall be assumed by ABR irrespective of the shipping method. If the customer is a businessperson, risk shall pass to the customer as soon as ABR has handed over the products to the contracted forwarder or carrier or other delivery company appointedby the customer or ABR to execute the shipment.
5. Pricing and shipment cost
Our system adds up the shipping cost by the weight of each item. Additionally, large, bulky items, will add an extra 15.- CHF once to your order (no matter how many bulky items you purchase with that order). This cost is always included in the shipping fare showed in the shopping cart. If you buy multiple items, the rate grows depending on the weight. Prices are those reflected by Swiss Post services.
All prices in FAIR bicycle’s online shop are in Swiss Francs (CHF), Euro (EUR), US Dollars (USD), Canadian Dollars (CAD) or British Pounds (GBP) and include packaging. For Swiss orders, VAT for Switzerland is added at checkout. For countries other than Switzerland, the respective national VAT may be charged to the customer (depending on minimal values defined tax free between Switzerland and the relative country). The applicable custom duties may be charged to the customer (depending on minimal values defined duty free between Switzerland and the relative country). Delivery from Männedorf is either free, as declared in the virtual shopping cart, or shall be at the customers expense from Männedorf.
Shipment costs as set forth in ABR’s online shop shall be carried by the customer.
6. Payment
The purchase price shall become payable immediately upon placement of the order. The customer can pay by credit card, PayPal, bank transfer, ebay payment service or cash before delivery. Credit cards shall be accepted as conditional payment. ABR accepts American Express, VISA and Mastercard credit cards. If the customer opts to pay before delivery, ABR’s bank information shall be provided to the customer on ABR’s invoice.
If the customer chooses to pay by invoice, the purchase price is due for payment 14 days after dispatch of the invoice. If the customer does not pay by this date at the latest, he shall be in default without a separate reminder.
7. Retention of title
ABR reserves title of ownership in the products delivered by ABR until the customer has paid the purchase price and, where applicable, the shipment costs in full.
8. Right of revocation
Consumers who enter into a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activity shall have the right of revocation as set forth below.
Instructions Regarding the Right of Revocation
Right of revocation
You have the right to revoke this agreement within 14 days without being required to give any reasons. Said 14 day revocation period shall commence on the date on which you or a third party appointed by you other than the carrier, acquired possession of the last part of the delivery.
To exercise your right of revocation, please mail or e-mail a conclusive declaration stating your decision to revoke the purchase agreement to STUDIO FROM SCRATCH GmbH, AMAZED BY RETRO, Glärnischstrasse 297, 8708 Männedorf, Switzerland (hello@amazedbyretro.com, phone +41 76 533 00 25). To comply with ABR’s terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation to arrive at ABR before the revocation period expires.
Consequences:
If you revoke this agreement, ABR shall reimburse you for your purchase without undue delay and in any event no later than 14 days after the date on which ABR received your declaration of revocation of this agreement. For such reimbursement, ABR shall use the same payment method you used for paying for the product(s), unless otherwise expressly agreed with you in writing. Costs for shipping and eventually paid or upcoming costs for taxes and duties are to be paid by the customer. ABR will only reimburse the paid amount for the article. ABR shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) or the provision of proof by you that you returned the product(s) in original condition. ABR will also withhold all reimbursements for returns from outside of Switzerland for 14 business days after having received the goods. The reason for this are customs duties/rates and tax duties/rates that my be charged to ABR upon entry to Switzerland of your returned goods. In case of such charges to ABR, ABR will deduct these in full from the original purchase price of your items(s) and immediately refund you the remaining value.
You undertake to return by post or in person the product(s) to ABR without undue delay and in any event no later than 14 days after the date on which you informed ABR of your revocation of this agreement. You shall be deemed to have complied with such period if and when you send the product(s) before the expiry of the 14 day period. You shall bear the costs for the return shipment of the product(s). You will be liable to pay for any loss in value of the product(s).
Special notes
The right of revocation shall not apply to agreements regarding delivery of products which have been produced according to a customer’s specifications or have been customized unambiguously to a customer’s personal requirements.
9. Warranty
ABR’s liability for defects in materials shall be subject to the applicable legal regulations.
10. Dispute resolution
Information regarding alternative resolution of disputes in consumer matters:
In any case we would like to solve any problem in a friendly, positive and constructive manner. Please get in touch with any question, uncertainty or problem you encounter with anything regarding our products, services or company. ABR is not willing or obligated to participate in any dispute resolution before a consumer protection entity.
11. Changes to these general terms and conditions
ABR reserves the right to change these general terms and conditions at any time under consideration of a reasonable period of notice. ABR undertakes to publish any and all changes on its website at www.amazedbyretro.com
12. Final provisions
The laws of Switzerland shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction shall be the location of ABR’s registered offices if the customer is a private person, a businessperson, publicly owned corporation or public-law entity with special public funding. However, ABR reserves the right to sue the customer at the location of the customer’s registered offices or residence.
Shipment costs as set forth in ABR’s online shop shall be carried by the customer.
6. Payment
The purchase price shall become payable immediately upon placement of the order. The customer can pay by credit card, PayPal, bank transfer, ebay payment service or cash before delivery. Credit cards shall be accepted as conditional payment. ABR accepts American Express, VISA and Mastercard credit cards. If the customer opts to pay before delivery, ABR’s bank information shall be provided to the customer on ABR’s invoice.
If the customer chooses to pay by invoice, the purchase price is due for payment 14 days after dispatch of the invoice. If the customer does not pay by this date at the latest, he shall be in default without a separate reminder.
7. Retention of title
ABR reserves title of ownership in the products delivered by ABR until the customer has paid the purchase price and, where applicable, the shipment costs in full.
8. Right of revocation
Consumers who enter into a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activity shall have the right of revocation as set forth below.
Instructions Regarding the Right of Revocation
Right of revocation
You have the right to revoke this agreement within 14 days without being required to give any reasons. Said 14 day revocation period shall commence on the date on which you or a third party appointed by you other than the carrier, acquired possession of the last part of the delivery.
To exercise your right of revocation, please mail or e-mail a conclusive declaration stating your decision to revoke the purchase agreement to STUDIO FROM SCRATCH GmbH, AMAZED BY RETRO, Glärnischstrasse 297, 8708 Männedorf, Switzerland (hello@amazedbyretro.com, phone +41 76 533 00 25). To comply with ABR’s terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation to arrive at ABR before the revocation period expires.
Consequences:
If you revoke this agreement, ABR shall reimburse you for your purchase without undue delay and in any event no later than 14 days after the date on which ABR received your declaration of revocation of this agreement. For such reimbursement, ABR shall use the same payment method you used for paying for the product(s), unless otherwise expressly agreed with you in writing. Costs for shipping and eventually paid or upcoming costs for taxes and duties are to be paid by the customer. ABR will only reimburse the paid amount for the article. ABR shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) or the provision of proof by you that you returned the product(s) in original condition. ABR will also withhold all reimbursements for returns from outside of Switzerland for 14 business days after having received the goods. The reason for this are customs duties/rates and tax duties/rates that my be charged to ABR upon entry to Switzerland of your returned goods. In case of such charges to ABR, ABR will deduct these in full from the original purchase price of your items(s) and immediately refund you the remaining value.
You undertake to return by post or in person the product(s) to ABR without undue delay and in any event no later than 14 days after the date on which you informed ABR of your revocation of this agreement. You shall be deemed to have complied with such period if and when you send the product(s) before the expiry of the 14 day period. You shall bear the costs for the return shipment of the product(s). You will be liable to pay for any loss in value of the product(s).
Special notes
The right of revocation shall not apply to agreements regarding delivery of products which have been produced according to a customer’s specifications or have been customized unambiguously to a customer’s personal requirements.
9. Warranty
ABR’s liability for defects in materials shall be subject to the applicable legal regulations.
10. Dispute resolution
Information regarding alternative resolution of disputes in consumer matters:
In any case we would like to solve any problem in a friendly, positive and constructive manner. Please get in touch with any question, uncertainty or problem you encounter with anything regarding our products, services or company. ABR is not willing or obligated to participate in any dispute resolution before a consumer protection entity.
11. Changes to these general terms and conditions
ABR reserves the right to change these general terms and conditions at any time under consideration of a reasonable period of notice. ABR undertakes to publish any and all changes on its website at www.amazedbyretro.com
12. Final provisions
The laws of Switzerland shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction shall be the location of ABR’s registered offices if the customer is a private person, a businessperson, publicly owned corporation or public-law entity with special public funding. However, ABR reserves the right to sue the customer at the location of the customer’s registered offices or residence.
retro & vintage parts
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