The general terms and conditions give you an overview of our services on LOKOMOTIVEOOO.ch. Our offers are aimed exclusively at consumers making purchases for private purposes. We offer you a personalized shopping and service experience for LOKOMOTIVEOOO items.
By placing an order on the LOKOMOTIVEOOO website, you declare that you are acting exclusively for private purposes. Your contractual partner is LAGARE SA. The contract shall take effect when you click on the purchase button and receive the order confirmation. We reserve the right to refuse or cancel orders generated by automated programs or third-party services.
Prices indicated at the time of the order are final prices and include Swiss VAT. LOKOMOTIVEOOO shall bear the shipping costs within Switzerland, unless specific shipping methods, for example express delivery, are specified in the order. Additional shipping costs may be incurred for orders to be shipped outside Switzerland. You will be informed of the amount before placing the order and will find further information in the detailed shipping and returns policy.
Various payment options are offered, for example advance payment, credit card, invoice or PayPal. The actual payment methods available at the specific time of ordering may vary and you will be informed of the specific payment methods offered before placing the order.
As a consumer, you have a statutory right of cancellation. This means that you can cancel this online contract within 14 days of receiving the goods without giving reasons by 1.) informing us (e.g. by email or post) that you no longer want to uphold the contract and 2.) returning your order to us. All other information on cancellation can be found in the general terms and conditions.
Any refunds will be made automatically. using the original payment method
Please refer to our help pages or contact us if you have any questions.
We have a reporting and complaints procedure to review potentially unlawful content. You have various legal remedies available if you do not agree with our decision.
The statutory warranty rights to which you are entitled apply. Further information on this can be found in the general terms and conditions. You also have the option of downloading and archiving the general terms and conditions here.
Reporting and complaints procedure; out-of-court dispute resolution
On our website, we provide you with the opportunity to report products or other content that you believe fail to comply with prevailing laws or our terms of use (reporting). We will check these reports and inform you of the outcome. Should we decide not to take any action, you shall have the opportunity to submit this decision for review (complaint). Furthermore, you have the option of pursuing an out-of-court dispute resolution, as well as ordinary legal recourse.
In the event of any instance of misuse, we shall temporarily (or permanently) suspend the processing of reports and complaints. The term “misuse” shall apply if you frequently submit reports or complaints that are clearly unfounded. We shall consider all facts and circumstances available to us when assessing instances of abuse, and when deciding as to whether and, if so, for how long, to suspend the processing of reports and complaints. This shall comprise the absolute number of clearly unfounded reports or complaints, the relative proportion of unfounded reports and complaints in total, the severity of the instance of misuse and – if ascertainable – the intentions being pursued by the reporting party.
Before suspending the processing of reports and complaints, we shall issue a warning. We shall also inform you about the duration of any possible suspension.
General Terms and Conditions (GTC) for orders via www.LOKOMOTIVEOOO.ch In the following, we would like to present our General Terms and Conditions, which we use as the basis for processing and handling your purchase. We offer you the purchase of LOKOMOTIVEOOO articles on https://lokomotiveooo.ch.
The offers on our website www.LOKOMOTIVEOOO.ch are aimed exclusively at consumers who conclude the purchase for a purpose that cannot be attributed to their commercial or professional activity.
1.1 By placing an order, you declare that you are acting exclusively for private purposes.
1.2 We conclude contracts via www.LOKOMOTIVEOOO.ch exclusively in English. When ordering LOKOMOTIVEOOO articles, your contractual partner is LAGARE SA, Via Stredas #14, 7500 St. Moritz, Switzerland.
1.3 By clicking the “buy now” button, you place a binding order for the items in your shopping basket. We will confirm receipt of your order by email immediately after you have sent your order. A binding contract is concluded upon your receipt of the order confirmation. Please note that in the case of advance payment (reservation), the ordered goods will be delivered as soon as we have received payment of the full purchase price and any shipping costs as well as the item is crafted by our artisans. We therefore ask you to transfer the purchase price immediately after receipt of the order confirmation, but within 7 days at the latest.
1.4 Please note that, as an exception, we are not obliged to deliver the goods ordered to you if we have duly ordered the goods, but have not been supplied correctly or on time, provided that we are not responsible for the unavailability of the goods and that we have informed you of this circumstance without delay. If the goods are subsequently unavailable, we will reimburse you immediately for any payments already made.
1.5 We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods which are only described according to their type and characteristics (generic goods (‘Gattungswaren’)). We are only obliged to deliver from our stock and the goods ordered by us from our suppliers. We deliver orders within Switzerland. If working days are specified as delivery periods, we understand this to mean all days from Monday to and including Friday, with the exception of public holidays.
1.6 We reserve the right to refuse or cancel an order if the order was generated by software, a machine, a crawler, a spider or other automated web programs or scripted behavior systems or by using third party services used to place the order on your behalf.
2.1 The prices listed in the offer at the time of the order apply. The prices quoted are final prices, i.e. they include the Swiss statutory VAT.
2.2 The shipping costs within Switzerland, except for Next Day Evening Delivery or if otherwise stated (see also further provisions in section 2.3), will be borne by us.
2.3 Shipping is free for orders within Switzerland. For orders outside Switzerland the applicable shipping costs will be charged. The shipping costs are based on the size of the order, including inter alia shipping, handling and other services. The costs are incurred by LOKOMOTIVEOOO and are charged by LOKOMOTIVEOOO.
2.4 Customers are responsible for any applicable duties and VAT incurred for orders to be shipped outside Switzerland. Upon receipt of the applicable shipping address, we shall proceed to refund the Swiss VAT originally charged by adjusting the final purchase price debited to the customer.
3.1 In principle, we offer the payment methods prepayment, credit card, invoice and Paypal. For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods. Please note that we only accept prepayments from accounts in Switzerland and within the European Union (EU). Any costs of a money transaction are to be borne by you.
3.2 In the case of purchase on account the purchase price is due for payment on the day of the order by the customer. If payment is not made within 30 days of the due date, the customer is automatically in default. In this case, LAGARE SA reserves the right to charge the customer reminder fees in addition to the invoice amount. While no fees are charged for the first reminder, the reminder fees are CHF 10.00 for the second reminder and CHF 20.00 for the third reminder.
The invoice amount (including default interest and reminder fees) may be assigned or sold for the purpose of collection. In addition to settling the invoice amount, the customer is also obliged to reimburse all costs incurred as a result of late payment.
3.3 You agree to receive invoices, credit notes and reminders in electronic or paper form only.
For all purchases of LOKOMOTIVEOOO articles via www.LOKOMOTIVEOOO.ch, LOKOMOTIVEOOO grants a voluntary right of return for 14 days from receipt of the goods.
We accept returns of unworn and unaltered items within 14 working days from the date the package was delivered to you. We invite you to return an item in exchange for another size, or we will issue you your choice of a credit note or a full refund. The original shipping charges will not be refunded.
Shipping costs incurred when returning items are your responsibility. When returning from outside Switzerland please clearly mark the package as a return to avoid customs delays and charges.
Sale items as well as one of kind / unique pieces are final sale and non-refundable.
Please remember, all items must be returned to us unused, unworn, unwashed, undamaged, or unmodified in any way. Items must be returned in their original packaging with all tags, if any, still attached. If these requirements are not met, the return of goods may be refused.
Please send goods to: LAGARE SA, Crusch 44, CH-7503 Samedan.
Any refunds by invoice and prepayment will be made to the account specified by you for the refund. If you have paid by PayPal or credit card, the refund will be made to the associated PayPal or credit card account.
If you have any questions, please take a look at our help pages or contact us.
9.1 The statutory warranty for defects applies. LOKOMOTIVEOOO expressly reserves the right to provide the buyer with a defect-free replacement if defects in the purchased item are asserted and established.
9.2 You can view these GTC at www.LOKOMOTIVEOOO.ch. You can also print or save this document by using the usual function of your Internet service program (= browser: usually “File” -> “Save as”). You can also download and archive this document in PDF format by clicking here. To open the PDF file, you will need the free Adobe Reader program (available at www.adobe.de) or comparable programs that support the PDF format.
9.3 You can also easily archive the GTC and the data of your order by either downloading the GTC and saving the data summarized on the last page of the order process in the online shop using the functions of your browser or by waiting for the automatic order confirmation, which we will also send you by e-mail to the e-mail address you have provided after completing your order. This order confirmation e-mail contains the details of your order and our general terms and conditions and can be easily printed out or saved in your e-mail program.
9.4 Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unintended gap or omission, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
10.1 Substantive Swiss law shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the contracting party (contracts with consumers), this choice of law shall only apply insofar as the protection granted to such party (consumer) by mandatory provisions of the law of the country in which the consumer has his habitual residence are not overruled.
10.2 With regard to consumers, the place of jurisdiction shall be the consumer’s place of residence in Switzerland. In business transactions with merchants, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and cheques, shall be our registered office. In this case, we shall also be entitled to take legal action at the customer’s place of residence or domicile.
10.3 The use of the offers available on www.LOKOMOTIVEOOO.ch is possible for persons who are at least 18 years old.
YOUR LAGARE SA
LAGARE SA
Via Stredas #14
7500 St. Moritz
Switzerland
Swiss MWST – VAT number: CHE-307.913.676
Version: 29.11.2024/ls
