General Terms and Conditions

General Terms and Conditions (GTC) of Maricrea

Part 1: Scope of Application Switzerland

1. Introduction and Scope of Application
   These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop www.maricrea.ch between Maricrea, Kirchweg 43, 8102 Oberengstringen, Switzerland (hereinafter referred to as "Provider"), and the customer (hereinafter referred to as "Customer"). The online shop supports various currencies and is available in German and English. By placing an order, the Customer agrees to these GTC. Deviating conditions require the written consent of the Provider.

2. Conclusion of Contract
   The contract is concluded as soon as the Customer places an order and receives a confirmation email. The order is binding, and the Customer acknowledges that it cannot be canceled or changed after confirmation, except in legally mandated cases.

3. Prices and Payment Terms
   The prices listed on the website are dynamic and may vary depending on the Customer's location. All prices include statutory value-added tax. Shipping costs are indicated separately. Price changes due to currency fluctuations or local taxes are reserved.

4. Delivery Conditions (Switzerland)
   Deliveries within Switzerland are usually made within 3-5 working days. Delivery times are non-binding and may vary due to external circumstances. Delays caused by customs or other unforeseen circumstances may extend the delivery time.

5. Right of Withdrawal (Switzerland)
   The Customer has the right to withdraw from the contract within 14 days without providing any reasons, except for personalized or custom-made products. The withdrawal notice must be sent in writing to Maricrea, Kirchweg 43, 8102 Oberengstringen, Switzerland, or by email.

6. Returns and Refunds
   The Customer bears the return shipping costs, except in the case of a defect. Refunds will be processed within 14 days after receipt and inspection of the goods.

7. Warranty (Switzerland)
   Maricrea guarantees that the delivered products are free from defects that impair usability. The statutory warranty period is two years from receipt of the goods. Damages due to improper use are excluded from the warranty.

8. Liability (Switzerland)
   Maricrea excludes any liability for damages resulting from improper or non-intended use. Liability for slight negligence and indirect damages, including loss of profits, is excluded to the extent permitted by law.

9. Data Protection
   Personal data of the Customer is stored and processed in accordance with applicable data protection laws. Further information can be found in our privacy policy.

10. Applicable Law and Jurisdiction (Switzerland)
    Swiss law applies, excluding the UN Sales Convention. The place of jurisdiction is Oberengstringen, Switzerland.

Part 2: Scope of Application EU, USA, and International

1. Introduction and Scope
   These General Terms and Conditions (GTC) apply to all contracts concluded through the online shop www.maricrea.ch between Maricrea, Kirchweg 43, 8102 Oberengstringen, Switzerland (hereinafter referred to as "Provider"), and the customer (hereinafter referred to as "Customer"). The online shop supports various currencies (e.g., Euro, US Dollar) based on the Customer's location and is available in German and English. By placing an order, the Customer agrees to these GTC. Deviations from these terms are only binding if confirmed in writing by the Provider.

2. Contract Formation
   The contract between Maricrea and the Customer is concluded when the Customer places an order on the website and receives an order confirmation via email. Orders are binding, and the Customer acknowledges that they cannot cancel or modify orders once confirmed, except where legally required.

3. Prices and Payment Terms
   The prices displayed on the website are dynamic and may change depending on the Customer’s region and currency settings. Prices are inclusive of applicable taxes. Maricrea reserves the right to adjust prices due to currency fluctuations, local taxes, or other external factors. Shipping costs are calculated separately and displayed before checkout.

4. Delivery Conditions
   Domestic Deliveries (Switzerland): Deliveries within Switzerland typically take 3-5 working days.
   International Deliveries: International deliveries can take up to 30 working days depending on the destination country. Delays due to customs clearance are beyond the Provider’s control and may extend delivery times.
   EU and USA Deliveries: Estimated delivery dates are provided based on the destination, but they are non-binding. Any customs duties or import taxes are the responsibility of the Customer.

5. Returns and Refunds
   Maricrea aims to minimize refunds to the extent legally permissible:
   EU Customers: In line with the EU Consumer Rights Directive, Customers in the EU have a 14-day right of withdrawal, except for customized or personalized items, which are non-refundable.
   US Customers and Other Regions: No refunds are provided for customized or personalized items. For standard products, Customers in the USA and other regions have 30 days to return unused items in their original condition. The Customer bears the shipping costs for returns, except in cases of defective products.
   Non-refundable Products: Customized, personalized, and made-to-order products, as well as items damaged due to misuse, are excluded from refunds.

6. Warranty
   EU Warranty Compliance: The statutory warranty period for Customers in the EU is 2 years from the date of delivery, covering only defects present at the time of delivery. Damage caused by improper use, wear and tear, or external factors is excluded from warranty claims.
   US Warranty Compliance: Customers in the USA may return defective products within 30 days, but no extended warranties are offered unless required by state law. Maricrea’s liability for defects is limited to repair or replacement of the defective product, at the company's discretion.

7. Limitation of Liability
   Maricrea limits liability to the maximum extent allowed by law:
   General: Maricrea is not liable for damages resulting from improper, non-intended, or illegal use of the products. Liability for minor negligence is excluded.
   EU Liability Limitation: Maricrea’s liability for damages arising from gross negligence or intentional misconduct is preserved, as required by EU law. Liability for indirect or consequential damages (e.g., loss of profits) is excluded where permitted by law.
   US Liability Limitation: Maricrea will not be held liable for incidental, consequential, or punitive damages in the USA unless mandated by federal or state law. Liability for defects is capped at the product’s purchase value.

8. Data Protection
   Personal data provided by the Customer is processed and stored solely for the purpose of fulfilling the contract in compliance with the General Data Protection Regulation (GDPR) for EU Customers and relevant US privacy laws. Further details can be found in the Privacy Policy.

9. Governing Law and Jurisdiction
   EU and International Customers: These GTC are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts of Zurich, Switzerland, have exclusive jurisdiction for disputes arising from this contract.
   US Customers: While state laws may apply, disputes will primarily be governed by Swiss law where legally permissible. Any legal actions must be brought in a Zurich, Switzerland, court, except where prohibited by local law.