Terms and Conditions

These Terms and Conditions apply as between you and Baju Brand, Via Vallà 7, 7153 Falera, Switzerland, (hereinafter “Baju Brand”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website and our online shop.

 

TERMS OF SALE

These Terms of Sale apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Terms of Sale, when you (i) order any Product from the website, (ii) order any Product at any web page directly connected to the website or (iii) when you accept an offer for a Product from us. It is only possible to deviate from these Terms of Sale if agreed in writing by us.

 

1. Requirements to conclude a contract

1.1.  You have to be 18 years of age or older to buy Products via the website.

1.2.  You can only order on the website if you are a consumer, not a reseller.

1.3. You guarantee that the information you provide to us in the request or order is accurate and complete.

 

2. How is a contract concluded with you?

2.1.   The following applies to all types of Products. All information on the website is an invitation to purchase only. You agree that your order is an offer to purchase the Products listed in your order.

2.2.   All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.

2.3.   We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

2.3.1.If Product(s) are shown on the website but are not or no longer available;

2.3.2.If we are unable to obtain authorization of your payment;

2.3.3.If Product(s) shown on the website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;

2.3.4.If we are unable to process your order due to technical reasons;

2.3.5.If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.

2.3.6.In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the canceled (part of the) order.

2.4.   We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this Agreement. Following the cancellation, we will of course provide you with a refund for the amount paid to us.

2.5.   After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until you receive a confirmation from us that the Products have been shipped to you from our warehouse.

 

3. Retention of title

All Products will remain the property of Baju Brand until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.

 

4. Price

4.1. The stated prices include VAT, if applicable. Baju Brand reserves the right to make price changes prior to an order placed by you.

4.2. We reserve the right to change, limit or terminate any special offers or discounts at any time.

4.3. We may charge delivery costs. The delivery costs vary for each Product and type of delivery. 

 

5. Methods of payment

5.1. Please check the checkout of the website for information on available payment methods.

5.2. Baju Brand reserves the right to conduct an individual credit check for each order. Depending on the results of this check, Baju Brand reserves the right to refuse certain methods of payment.

 

6. Invoicing

Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

 

7. Chargebacks

You agree to contact Baju Brand prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Baju Brand, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

 

TERMS OF USE

These Terms of Use apply to your access to and use of the website. Your access to and use of the website and the information, materials, products, and services available through the website are subject to these Terms of Use, regardless of whether you possess an account through the website linked to your name and/or contact information (“Account”).  Please read these Terms and of Use carefully before using the website. If you choose to continue to use or access the website after having the opportunity to read these Terms of Use, you agree to these Terms of Use. If you do not agree to be bound by these terms of use, do not access, or use the website. 

 

1. Changes to these Terms of Use

1.1. We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the website or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate). 

1.2. Your continued use of the website will constitute your acceptance of any new or amended terms and/or updates.

 

2. Copyright and ownership

2.1. All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Baju Brand, its licensors, vendors, agents, and/or its Content providers. 

2.2. You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only. 

2.3. You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website. 

2.4. Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited. 

2.5.  You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Baju Brand or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.

 

3. Accuracy of information

We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

 

4. Your provision of information

When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.

 

5. Registration and passwords

You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages on the website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the website through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to take reasonable steps to keep your account information secure and confidential.

 

6. Operation of the website and termination of this agreement

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.

 

7. Access to the website 

7.1. Neither Baju Brand, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.

7.2. We may suspend, withdraw, discontinue or change all or any part of the website without notice. 

 

8. Our responsibility for loss or damage suffered by you

8.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

8.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

8.3. The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

9. Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

10. Miscellaneous

10.1. In case of contradiction between Baju Brand Terms and Conditions and any content contained in other parts of the website or in links, Baju Brand Terms and Conditions contained in this document prevail.

10.2. We reserve the right to make changes to these Terms and Conditions at any time.

10.3. The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of these Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).

10.4. Please check these Terms and Conditions periodically for changes.

 

11. Data protection

Baju Brand fully respects the privacy of individuals who access and use the website. Your personal data will be collected and used to fulfill necessary contractual obligations outlined in these Terms and Conditions. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy.

 

12. Subcontracting and assignment

Baju Brand reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these terms and conditions without our consent in writing.

 

13. Events beyond reasonable control

Baju Brand will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond Baju Brand’ reasonable control.

 

14. Severance

Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.

 

15. Applicable law and jurisdiction

These Terms shall be governed by the laws of Switzerland and Baju Brand and you agree to submit to the exclusive jurisdiction of the Courts of Switzerland.