Revision February 2023
Terms & Conditions
§ 1 – General
The following terms and conditions shall govern the sale by Cloak GmbH (named “us” or “we”) and the buyer (named “you”). By placing an order with us, it is deemed that you have read, understood and agreed to our terms and conditions. Any other terms are not accepted.
§ 2 – Offer and contract
By submitting the order for your requested goods (click on the “Place Order" button on website or via email), a contract between you and us is established. It is confirmed by us by shipping the goods without separate fulfilment confirmation notice. The placed order and chosen conditions are representative for the delivery of our products. The contract is concluded in accordance with the conditions provided with the order (pricing, lead times etc.).
§ 3 – Prices and payment
Prices are listed in Swiss Francs, Euros or US Dollars. The currency used for an order depends on the country to which the order is to be delivered. If the shipping address is outside of Switzerland, you might be charged by your country’s applicable import duty and sales tax.
§ 4 – Delivery
Delivery dates must be considered approximate. We are not liable for any delays in delivery and any claims thereof. Consignee must remove the packaging and unroll the product within 8 weeks of receipt to avoid permanent storage damage. Larger items that cannot be sent by parcel service will be delivered to the curbside.
§ 5 – Returns
Our goods are made to measure according to your requirements. Therefore, we cannot accept returns without reason. If the received goods has shipping damage or other faults, you may inform us in writing within two weeks after receipt. Goods will then be repaired or replaced without any costs for you.
§ 6 – Warranty
We guarantee the quality of our textile products within the limits of our
specifications. All our products meet legal social and environmental
compliance standards. They are manufactured carefully and inspected prior
delivery.
For a period of 2 years after delivery of goods, defective
merchandise will be repaired or replaced. Our liability is limited to the
repair or replacement of goods.
These claims are not recognized:
Slight or technically unavoidable deviations in quality, structure,
design, color, size, weight or pile reversal. Variations from sample and
shipped goods in dyes, dye lots, yarns and raw materials. Stock harms, if
products are not removed from packaging within 2 month or remain rolled
up. Our tolerances are: 5% in the measures of goods except where otherwise
indicated by us.
Claims are not recognized if you have not obeyed our
instructions for laying and cleaning or goods have been cut or partially
installed. Carpets are not guaranteed against fading, pilling, wearing or
shrinkage.
§ 7 – Jurisdiction
All terms and contracts under this agreement are governed by Swiss Law. The UN purchasing law (CISG) is excluded. The designated court is Basel, Switzerland.