Terms of Service

General Terms and Conditions

Scope of Application and Validity of these General Terms and Conditions – As of September 1st, 2022

Validity

These General Terms and Conditions (hereinafter, the “GTC”) of the company Phygilime GmbH (hereinafter “Estorya Store”) regulate the rights and obligations associated with the use of the website https://estorya-store.com and all associated subdomains (hereinafter: “Website”) and the contractual relationship between Estorya Store, its visitors and customers who are consumers (hereinafter, the “Client”). Consumers are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.

Confirmation and amendment of these GTC

By using or accessing the Website, the Client agrees to these GTC. The Client reconfirms the GTC each time he logs into the Website. Estorya Store reserves the right to make changes, updates or replacements to these GTC at any time and to publish the applicable version on the Website.

The version of the GTC valid at the time of the order is decisive in each case, which cannot be changed unilaterally for this order.

Section 2 – Conclusion of contract and delivery of products

2.1. All contracts concluded over www.estorya-store.com are entered into with Estorya Store. By clicking the "buy" button, the Client has entered into a binding order. A binding contract is entered into when you receive the order receipt.

2.2. The ordered products are delivered as soon as we have received the Client's payment in full.

2.3. Delivery shall be made under the condition of punctual and proper self-delivery by our suppliers. In the event of force majeure, such as strikes and other industrial action, diseases, riots, war, natural disasters, and the manufacturer's or subcontractors' blocking of deliveries, there shall be no delay in delivery. Estorya Store shall not be liable for delivery delays caused by manufacturers or third parties.

2.4. If, after the conclusion of the contract, products cannot be delivered either partially or totally for reasons for which Estorya Store is not responsible, the Client is entitled to withdraw from the contract. In this case, Estorya Store will refund payments which have already been made.

2.5. Estorya Store’s performance is an obligation to send the ordered product. Estorya Store’s obligation is fulfilled with the handover of the ordered product to the transport company. After dispatch, the risk of accidental deterioration and accidental loss of the product passes to the Client. Estorya Store is not responsible for any fault of the transport company used.

2.6 Estorya Store is free to refuse orders in whole or in part without giving any reason. In such case, the Client will be informed and any payments already made will be refunded. Further claims are excluded; in particular, no forwarding of the not available products takes place. Temporarily not available products cannot be reserved. Estorya Store is entitled to withdraw after the conclusion of the contract if it turns out that the ordered products cannot be delivered in full due to the fault of a third party.

2.7 The subject of the contract is the products specified by the Client within the framework of the order at the final prices stated in the online store. Errors and mistakes there are reserved, especially concerning the availability of the products. The quality of the ordered goods results from the product descriptions in the online store. Illustrations serve only as illustrative material. All dimensions are approximate, and small deviations up and down are permissible.

2.8 We will deliver the ordered products within approx. 8 (eight) weeks after receipt of order or delivery to the respective shipping company. We will inform the Client immediately of any delivery delays. A delay in delivery does not entitle the Client to cancel the order.

2.9 If the Client is in default of acceptance, we are entitled to use the products for other purposes.

2.10 Time deviations as well as the blocking of certain delivery date are possible, especially on peak days with exceptionally high delivery volume, whereby any claims for damages as well as further claims of the Client are excluded.

2.11 No deliveries will be made on Sundays and official national or cantonal holidays.

Section 3 – Price, custom duties and shipping costs

3.1. The prices quoted at the time the order is placed apply. The quoted prices are final, i.e. they include the statutory VAT at the time.

3.2. Shipping costs, customs duties and all other occurring costs are not covered by Estorya Store and must be paid by the customer in full unless otherwise stated on the checkout page at the time of the sale.

3.3. Please note that Swiss VAT is automatically deducted from the shopping cart when shipping outside Switzerland.  However, local VAT and customs duties may apply upon receiving the ordered product. 

Section 4 – Payment

4.1. The exclusive payment method is by credit card (Visa, Mastercard), PayPal or bank transfer. Payment must be made in advance. The debit takes place upon placement of the order. The delivery takes place only after receipt of payment of the total amount of the ordered products. The Client is not entitled to offset Estorya Store’s claims against counterclaims. 

4.2. Any money transfer costs must be borne by the Client.

4.3 The shipment will be made only after receipt of payment. If the transfer of the purchase price and shipping costs is not received by us within 5 (five) business days of the order, we are entitled to cancel the order. The ordered products remain our property until full payment of the purchase price.

Section 5 – Risk Transfer

If we ship the products to the Client, the risk of loss of or damage to the products shall pass to the Client when the carrier or a third party named by the Client has taken possession of the products. Taking possession is the same if the Client is in default of acceptance.

Section 6 – Return

6.1. Estorya Store offers a return for all purchased products within 14 (fourteen) days of the Client receiving the products, subject to the condition that products to be returned are unused, in the same condition as when received, complete and in the original packaging.

We reserve the right not to accept returns if the product shows signs of wear, has been used or worn, or has been altered in any way from its original condition.

6.2 All returns are subject to strict quality control by us to ensure that returned products meet the above requirements. If products do not meet our quality standards, we will refuse to accept the return and resend the products to you. If the returned product passes our quality standards, we will arrange for the applicable refund or exchange.

In the event of a breach of these GTC, we may refuse to accept the returned product and return it to you at your expense.

6.3. To return a product a return authorization is needed. To receive a return authorization, please email support@estorya.com. Please do not ship your products before having received authorization.

6.4. Gift Cards cannot be returned.

6.5. Orders for products that have been personalized in any way or customized for you according to your specifications cannot be cancelled and said products cannot be returned to us for exchange or refund. This includes, but is not limited to, products that have been engraved or embossed.

6.6. Shipping costs, customs duties and all other occurring costs for the return of the product are not covered by Estorya Store and must be paid by the Client in full.

Section 7 – Refunds

7.1 You may return a product purchased through the Website to us for a refund if the return complies with these GTC and, specifically, the right to cancel and the return procedure set forth above.

7.2 Any refunds will be made to the account you have used for payment after inspection of your returned product. Only the Client is entitled to receive a refund of the purchase price. Under no circumstances will a person who received the product as a gift (i.e., a "gift recipient") be entitled to receive a refund. If you are the recipient of a gift and would like to return a product, please contact support@estorya.com to discuss your options.

7.3 After inspection of your returned product, you will be notified by email of the approval or rejection of your refund request. We will not refund any shipping cost, customs duties or other occurring costs.

Section 8 – Warranties

8.1. You are obliged to check the delivered products as soon as feasible after the usual course of business and inform Estorya Store within 5 (five) business days after receipt of the product of any detected defects by sending a picture of the defect to support@estorya.com. If you fail to do so, the products shall be deemed approved.

8.2. Defects that could not have been detected during the proper inspection must be notified to us immediately after detection by sending a picture of the defects to support@estorya.com. Otherwise, the product is deemed to have been approved concerning these defects.

8.3. Estorya Store warrants rectifying defects. This shall be done at Estorya Store’s discretion either by subsequent performance, i. e. elimination of a defect (remedy) or delivery of a defect-free item (replacement delivery).

8.4. If the supplementary performance of the contract fails, the Client is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The Client's right to a reduction of the purchase price is excluded. This exclusion of liability also applies to all claims which compete with the warranty rights.

8.5. The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the Client or third parties or defects due to external circumstances.

8.6. Estorya Store does not give a warranty of title.

Section 9 – Liability

Any potential liability arising in connection with the sale or delivery of Estorya Store’s products or use of this Website is limited to the extent possible under the applicable law. The amount of a potential claim due to Estorya Store’s liability is further limited to the purchase price of the sold product in question.

Estorya Store does not assume any liability for the descriptions of third parties, in particular, customers within the framework of the online shop or our social media presence published customer reviews.

Section 10 – Severability

Should individual provisions of this contract including these provisions be or become invalid in whole or in part, or should this contract have missing provisions, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective legal regulations.

Section 11 – Applicable Law and Jurisdiction

These GTC and all legal relationships hereunder are governed by Swiss Law. The United Nations Convention for the International Sale of Products (CISG) is not applicable. With regards to consumer contracts, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state where the consumer has his habitual residence is not withdrawn.

The Courts of Zurich, Switzerland, have exclusive jurisdiction over any dispute concerning these GTC. With regard to consumer contracts, the courts at the consumer's domicile in Switzerland have exclusive jurisdiction.