Terms of service

GENERAL TERMS AND CONDITIONS METROBOUTIQUE.CH

1. AGREEMENT TO THE TERMS OF USE

1.1 By accessing and using our Site, whether or not you register as a user ("User", "you"), you confirm that you are bound by these Terms of Use and you acknowledge that you have read and understood them.

1.2 Use of the Site is permitted for private use only. Any commercial use, in particular for the resale of products purchased on the Site to third parties, is prohibited.

1.3 By placing an order on metroboutique.ch you confirm the General Terms and Conditions (Terms of Use) between you and Metro Boutiques AG (hereinafter referred to as "metroboutique.ch" or "we/us"). These General Terms and Conditions only apply to the purchase of products via the online store, but not to the purchase of products in Metro Boutique stores.

1.4 We reserve the right to change these Terms and Conditions at any time at our discretion. It is your responsibility to check them regularly at metroboutique.ch to keep up to date with any changes.

1.5 By using the Site, you acknowledge that the mere posting of the revised Terms of Use on the Site is sufficient for any modification or revision to be binding on you. Your continued use of the Site after any change means that you agree to those changes.

1.6 The use of certain special services (e.g. payment by invoice) of metroboutique.ch may be subject to special terms of use. By using the respective services, you declare your agreement with the applicable special terms of use. In the event of deviations, the special terms of use shall take precedence within the scope of the use of the respective service.

2. YOUR REGISTRATION OBLIGATIONS

2.1 Certain areas of the Site require registration. By registering, you represent and warrant that you are authorized to open an account in accordance with the Terms of Use and that the information you provide during registration is accurate and not misleading. Accounts can only be opened and used by natural persons who are at least eighteen (18) years of age in accordance with the law of their country of residence.

2.2 You agree to provide true, accurate, current and complete information about yourself ("Registration Data") on the Registration Form in connection with your use of these Restricted Areas and to promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or metroboutique.ch has reasonable grounds to suspect that you have provided such information, or if it otherwise believes that you have violated any provision of these Terms of Use, metroboutique.ch has the right to suspend or terminate your account and refuse any and all current or future use of the Site (in whole or in part) without explanation for its decision.

3. ACCOUNT, PASSWORD AND SECURITY

3.1 You are responsible for the quality and confidentiality of the password you choose when you register and for all transactions made using your password and your account.

3.2 You agree to notify metroboutique.ch immediately of any fraudulent use of your account or password or any other breach of security and to ensure that you close your account at the end of each session (log out). metroboutique.ch shall not be liable for any damages or losses caused by your failure to comply with the Terms of Use.

4. CONTENT

4.1 The content of the Site is provided to you "as is" and may not be used, reproduced, distributed, transmitted, displayed, sold, transferred or exploited in any way other than for viewing and use on the Site. metroboutique.ch grants you limited, revocable and non-exclusive access to and use of the Site for your personal use in accordance with the Terms of Use for this sole purpose. If you wish to reproduce or copy any part of the content of the Site for any other purpose, please contact us at the contact address indicated on metroboutique.ch.

4.2 The user undertakes not to violate any legal provisions and not to use the Site for unlawful purposes; not to provide false, incomplete or incorrect information; not to place any viruses, Trojans, worms, time bombs or other programs on the Site that are designed to cause damage, have a harmful effect or intercept or circumvent a system, data or personal data.

5 PRODUCTS

5.1 The Products are available for the duration of the sale and subject to available stock on the Site. The available sizes indicated on the Site are based on daily stock. If, in the event of delays in the ordering process, the ordered goods are no longer available, metroboutique.ch may cancel the order at any time and refund the amount already paid to the user.

6. PRICE AND CONTRIBUTION TO SHIPPING COSTS

6.1 The prices are net, in Swiss francs, including VAT; they apply for the entire duration of the sale. The shipping costs indicated in the "shopping cart" of the order form are added to the prices indicated.

7. CONCLUSION OF THE SALE AND PAYMENT

7.1 The photos in our online store are not binding. By clicking on "Send order" you give your consent to order the items selected in the "Shopping cart". The purchase contract is legally valid upon receipt of the order confirmation e-mail, subject to product availability.

7.2 The amount of purchases made on the website is due at the time of ordering without discount. Payment shall be made exclusively by credit card (Visa, Mastercard), Postcard, Paypal, Twint, Metro gift card (see point 8.) or by Powerpay invoice (see point 9. and the General Terms and Conditions of MF Group AG, https://www.mfgroup.ch/AGB_Files/MF_AGB_de.pdf ). The order amount will be debited immediately after confirmation.

7.3 metroboutique.ch has no access to confidential information relating to the means of payment. The information entered is encrypted and transmitted securely to PostFinance without metroboutique.ch being able to access it.

7.4 We save your invoice and send you the details of your order in a package. You can view a summary of your orders in the "My orders" section under "My account".

8. PAYMENT BY METRO GIFTCARD

8.1 We offer you the Metro Giftcard as one of the payment methods. It serves as a simple and secure "prepaid" payment method. To pay for your online purchase, you must have a valid and loaded Metro Giftcard to hand. Any remaining amount is available to you at any time both in the online store and in all Metro Boutique stores. The Giftcard can be topped up with any amount of money in any Metro Boutique store.

8.2 If your Metro Giftcard does not have a sufficient balance, you can pay the remaining amount during the payment process using another payment method. You will find the POWER-NR and the CODE on the back of the Giftcard at the bottom right. You can checkthe balance of your Giftcard athere.

8.3 You can also use the Metro Giftcard as a means of payment in all Metro Boutique stores at any time. The Metro Giftcard can be purchased in the online store, in all Metro stores and at various post offices. Metro Giftcards purchased at a post office require 24 hours before they can be used as a means of payment.

9. PAYMENT BY INVOICE

9.1 If you wish to pay by invoice, Metro Boutiques will assign the claim to its payment partner MF Group Billing AG (Am Bohl 6, 9004 St-Gallen), provided that you are a natural person of legal age and have sufficient creditworthiness. For the invoice payment method, the delivery address and the billing address must match.

The procedure for accepting payments by Powerpay invoice is determined by MF Group Billing AG (General Terms and Conditions: https://terms.mfgroup.ch/agbfiles/Powerpay_Checkout_de.pdf ). If you have any questions about the invoice or purchase on account, please contact the customer service of MF Group Billing AG via the contact form: https://www.powerpay.ch/de or choose another payment method. In "Self-Service" you also have the option of receiving tips and information on billing, viewing your customer account, making address changes or using other useful functions. You can access the self-service at the following link: https://services.mfgroup.ch/de/selfservice/login

9.2 Invoices are not issued by us, but by MF Group AG (Am Bohl 6, 9004 St. Gallen) and are included in the package. The payment period is 30 days from receipt of the invoice. In the event of a partial return of your order, you will receive a new, corrected invoice from MF Group AG by e-mail. If this is the case, the first invoice may be destroyed. In the event of late payment, the reminder fee of the Powerpay invoice is CHF 18.00 for the first reminder.

9.3 A shipping fee of CHF 6.90 will be charged for orders under CHF 39.95, even if you ultimately return the goods in full. The shipping costs of CHF 6.90 will neither be refunded nor deducted from the invoice.

9.4 For payments made at the post office counter, the recipient's postal charges will be passed on in the subsequent invoice. There are no additional costs for bank or postal account transfers.

11. VALUE ADDED TAX

11.1 All prices include value added tax. Prices are subject to change and are subject to errors.

12. DISCOUNT CODES

12.1 Discount codes (online codes) cannot be combined with other discount codes (online codes). They cannot be exchanged or refunded. In the event of a sale being canceled or returned, only the amount actually paid will be refunded. In the event of cancellation or return when using a discount code (online code) that is linked to a condition (e.g. valid from a minimum order value), the discount code (online code) will be deducted from the refund amount if the condition is no longer met. Discount codes and vouchers (benefit codes) cannot be refunded or reactivated.

13 DELIVERY

13.1 The products will be sent to the delivery address specified by the user when placing the order.

13.2 The delivery of our articles can only be made to Switzerland and Liechtenstein.

13.3 We charge a flat rate of CHF 6.90 for processing, including shipping costs. For orders of CHF 39.95 or more, we assume the processing and shipping costs.

13.4 For orders under CHF 39.95, the shipping costs are due and payable even if the entire goods are returned. The CHF 6.90 will not be refunded or deducted from the invoice.

13.5 The shipping costs may vary depending on the goods (fragile), size and weight of your shipment. Exceptions will be announced separately.

13.6 If no special conditions are specified when the order is confirmed, the delivery time is approximately 1-2 working days from the conclusion of the sale. This delivery period is an estimate and is not binding on metroboutique.ch.

13.7 metroboutique.ch is not liable for delays or problems with delivery. The sale is legally concluded when the product is handed over to the post office or carrier and metroboutique.ch is released from any liability at this point.

13.8 The amount of the shipping costs is indicated in the "shopping cart" and is submitted to the user for approval before the confirmation of each order.

14 WARRANTY

14.1 Please report any material or manufacturing defects in writing to our customer service (metroboutique.ch) within 20 days of receipt of the goods. Defective items must be noted on the return bill when returning the goods. We accept no liability for material or manufacturer defects reported later.

14.2 Liability for normal wear and tear, consumables and accessories is excluded. Warranty claims against Metro Boutiques AG are only available to the customer and are not transferable. The service life of clothing and shoes in particular may fall short of the warranty period. Depending on the frequency of wear and type of use, wear and tear may occur within the warranty period. Such wear and tear is not considered a defect and Metro Boutiques AG accepts no warranty for this.

15. RIGHT OF RETURN

15.1 Ordered items can be returned within 14 days of receipt in undamaged original packaging, plastic and label. In the case of a partial delivery, the return period is extended until you have received the remaining delivery(s). We only accept returns of undamaged, unworn and undamaged items with the corresponding return slip. If we determine that the goods have deteriorated, we are entitled to retain part of the purchase price paid, which we will determine at our discretion. Some items are excluded from the right of return for reasons of hygiene. These are marked "Not returnable" in the item description. The return is at your expense and the date of the postmark is binding for the return.

15.2 Please keep the proof of posting for your return that you received from the post office or Metro branch. Without the proof of posting for your return shipment, no complaints about a misplaced or lost return shipment can be processed.

16. LINKS

16.1 If you wish to post a link to the Site, you expressly undertake to do the following:
- not to display the Site within another site
- not to create a link between the Site and any third party
- to properly attribute the site to which the link refers to metroboutique.ch
- and to ensure that the link does not give the impression, implicitly or explicitly, that metroboutique.ch endorses, supports or adopts the activities of any other website or business and that metroboutique.ch and/or its activities are not portrayed in a false, misleading, defamatory or offensive light or in any other manner that could damage the reputation of metroboutique.ch or take advantage of it.

16.2 Linking to the Site does not permit you to use any content, names, logos, images or trademarks of metroboutique.ch or third parties without the prior specific written consent of the copyright owner.

16.3 metroboutique.ch reserves the right to ask you to remove a link to the Site without giving any reason.

17. COPYRIGHT AND TRADEMARK LAW

17.1 The name and logo of metroboutique.ch and the Site are protected in particular by copyright and trademark law.

18. CHANGES TO THE SERVICE

18.1 metroboutique.ch reserves the right to modify or discontinue, temporarily or permanently, the Site (in whole or in part) at any time with or without notice. You agree that metroboutique.ch shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service. Any portion of the Content may be out of date at any given time, and metroboutique.ch is under no obligation to update such Content.

19. TERMINATION

19.1 metroboutique.ch may terminate your access to all or any part of the Site at any time in its sole discretion, for any or no reason, with or without notice, and deactivate or delete your accounts and all information and notices related to such account and your Content, without liability to you.

19.2 You agree that metroboutique.ch may, in its sole discretion and for any reason, including but not limited to inactivity or if it believes that you have violated any provision of the Terms of Use, cancel your password, your account (or any part thereof) or your use of the Site and remove and delete all Products from the Site. metroboutique.ch may also discontinue providing the Site or any part thereof at any time, with or without notice, in its sole discretion. You agree that suspension of your access to the Site may occur without notice under the terms of these Terms of Use, and you acknowledge and agree that metroboutique.ch may immediately deactivate or delete your account and any related information and/or prohibit any further access to such files or to the Site. You further agree that metroboutique.ch shall not be liable to you or to any third party for any suspension of your access to the Site.

20 INDEMNIFICATION CLAUSE

20.1 You access and use the Site at your own risk. The Site and its content are provided on an "as is" and "as available" basis. metroboutique.ch expressly disclaims and you waive any express or implied warranties of any kind, including, but not limited to, any implied warranties of fitness for a particular purpose, quality or availability of the products.

20.2 metroboutique.ch makes no warranties or representations that the Site and its Content will meet your requirements, that the Site will be uninterrupted, timely or error-free, that the results to be obtained from the use of the Site will be accurate or reliable, or that any errors in the Content will be corrected.

20.3 Downloading or otherwise obtaining documents through the use of the Site is at your request and risk and you will be liable for any damage to your computer system or loss of data that results from the download of such documents.

20.4 The descriptions and other content published on the Site are not to be construed as advice. No oral or written information obtained by you from metroboutique.ch or through the Site or on the Site shall create any warranty or other obligation not expressly stated in the Terms of Use, and metroboutique.ch disclaims all liability for any reliance placed on such items by any visitor to the Site, or by anyone who may be informed of any of its contents.

21. INDEMNIFICATION

21.1 You agree to indemnify and hold metroboutique.ch and its affiliates and employees harmless from and against any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys' fees, that may arise from your use of and access to the Site, including, without limitation, any Content, your registration on the Site, or your failure to comply with any provision of the Terms of Use.

22. LIMITATION OF LIABILITY

22.1 You acknowledge and expressly agree that metroboutique.ch shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including, without limitation, lost profits, loss of customers, loss of use, loss of data or other intangible losses (even if metroboutique.ch has been advised of the possibility of such damages):
- losses incurred as a result of using or being unable to use the Site
- the cost of purchasing substitute goods or services as a result of goods, data, information or services purchased or obtained through the Site or communications received or transactions entered into through the Site,
- unauthorized access to or alteration of your data transmissions,
- statements or actions of third parties on the Site,
- the results of the Site, any sites linked to it and any documents distributed through it,
- defects in the products purchased or any other matter relating to the Site.

22.2 You agree that any claim or cause of action arising out of or related to use of the Site must be filed within 1 year after such claim or cause of action arises, regardless of any statute or law to the contrary.

23. EXCLUSIONS AND LIMITATIONS

23.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, certain limitations set out in these Terms may not apply to you.

23.2 Nothing in the Terms affects the statutory rights of consumers and does not exclude or limit metroboutique.ch's liability for death or personal injury caused by its negligence or fault or exclude or limit any liability that cannot be excluded or limited under applicable law.

24. GENERAL INFORMATION

24.1 These Terms and Conditions (including the specific Terms of Use applicable to particular Services) constitute the entire agreement between you and metroboutique.ch on their subject matter; they supersede all prior oral or written agreements, arrangements and undertakings of any kind between you and metroboutique.ch on the subject matter. They may be subject to additional terms of use that apply when you use the services of similar companies or third party content or software.

24.2 The failure of metroboutique.ch to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

24.3 If any provision of the Terms of Use is held invalid, the parties nevertheless agree that their intention as reflected in the provision will be given effect to the fullest extent permissible and that the remaining provisions of the Terms of Use will remain in full force and effect. The headings of the articles of the Terms of Use are for convenience of reference only and have no legal or contractual effect.

24.4 You may not assign or transfer any of your rights or obligations or subcontract the performance of your obligations under these Terms of Use. metroboutique.ch may assign or transfer any of its rights or obligations or subcontract the performance of its obligations under these Terms of Use to any third party at any time without your consent (which consent is given by these Terms of Use).

24.5 The Terms of Use and the relationship between you and metroboutique.ch shall be governed by the substantive laws of Switzerland. All disputes in connection with these Terms of Use shall be submitted to the courts of Lausanne (Switzerland).

25. BREACHES

25.1 Please report any violation of the Terms of Use to Metro Boutiques at the customer service address provided on metroboutique.ch.

26. SOCIAL MEDIA COMPETITIONS CONDITIONS OF PARTICIPATION AND MORE

26.1 The competition is in no way connected to the social networks (Facebook, Instagram, TikTok) and is in no way sponsored, supported or organized by the social networks.

26.2 Participation is only for users of the social networks.

26.3 Any natural and legally competent person residing in Switzerland may participate in their own name. Employees of Metro Boutiques AG and their relatives are excluded from participation. Sweepstake clubs and automated sweepstake services are not eligible to participate.

26.4 The prize will be drawn among all eligible participants who meet the entry requirements.

26.5 It is possible to transfer the prize to another person who meets the entry requirements. A cash payment or exchange of the prize is not possible. Only one prize per participant is possible.

26.6 Metro Boutiques AG is entitled to exclude individual persons from participation if there are justified reasons (violation of the conditions of participation, double participation, manipulation, etc.) and reserves the right to take legal action in such a case.

26.7 Metro Boutiques AG reserves the right to terminate the competition for good cause without prior notice. In this case, the prize draw will not take place. An important reason exists if it is not possible to carry out the competition for technical or legal reasons. Metro Boutiques AG will announce the premature termination without delay.

26.8 By participating in the competition, users agree that Metro Boutiques AG may store all necessary personal data for the duration of the competition. This data will be treated confidentially and will not be passed on to third parties. The winner's personal data will only be passed on to third parties for the purpose of awarding the prize. The winners agree to the publication of their names. The winner will then be informed of the prize via the social network.

26.9 Legal recourse is excluded.

26.10. Applicable law

26.11. In the event of disputes, Swiss law shall apply exclusively.

Metro Boutiques AG, November 2023