General Terms & Conditions (GTC)
These Terms and Conditions (T&Cs) govern relations between Naughty Linen by Floriddia Creative Studio, Badenerstrasse 153, 8004 Zurich (hereinafter referred to as “Naughty Linen”) and customers of the online store www.naughtylinen.ch. These T&Cs are an integral part of any contract concluded between Naughty Linen and a customer (whether for standard items and custom orders). Any ancillary agreements, undertakings or amendments to these T&Cs are only valid in writing.
Only private customers (who are at least 18 years of age) resident in Switzerland with a delivery address in Switzerland may place orders on the Naughty Linen online boutique. Customers may only order in amounts suitable for domestic use. Private persons within the meaning of these T&Cs are natural persons who wish to conclude a contract for purposes that are neither primarily attributable to their commercial activities or their professional activities in a self-employed capacity. Customers who are not private customers are requested to contact us by e-mail at firstname.lastname@example.org
3. Ordering and Contract Conclusion
When placing their order, the customer has an option to register and set up an individual account or made the order without registration. Their personal data will be used solely for the purpose of processing their order. Irrespective of the way in which the order is placed, all data has to be entered correctly and completely. The personal password selected by the customer when registering must be kept strictly confidential. The customer is responsible for all actions carried out on the website using this password, even those of which they have no knowledge.
A contract associated with an order placed on the Naughty Linen online boutique comes into effect as soon as Naughty Linen has sent the customer a printable order confirmation by e-mail.The order is binding for the customer. Once the order has been submitted, the customer can no longer make any changes to their order.
4. Delivery terms
Available products will be dispatched within two working days of receipt of the order if not stated differently. The estimated delivery time is a guideline. Naughty Linen is not liable for delays in delivery through no fault of its own, e.g. due to acts of nature, traffic congestion, strikes, poor weather conditions, etc. and the customer is neither entitled to withdraw from their purchase agreement or to compensation. Longer delivery periods for parcels are to be expected before public holidays (Easter, Christmas) and for custom orders.
Where it is not possible to dispatch all items ordered within ten days following receipt of the order, a delivery installment will be made. In the event of a delivery installment, Naughty Linen will bear the cost of shipping and handling.
5. Prices and Payment Terms
The prices quoted online at the time of the order being placed apply. All prices are quoted in Swiss francs and include sales tax at the statutory rate. We will charge the payment amount when we receive the order. The prices are binding until the time at which Naughty Linen confirms the order and/or for the period stated in the order confirmation. The customer can choose to pay for their order by credit card or upon invoice (provided that the billing and delivery addresses are the same) or, if collecting their items in a Naughty Linen boutique, by cash or credit card on the premises.
The amount quoted on the invoice is payable at the latest by the due date shown on the invoice. Payment is to be made to the account of our external partner Floriddia Creative Studio as shown on the invoice. No payment slip is enclosed with the invoice. If the invoice is not settled by the due date, the customer falls into arrears upon expiry of the payment term without the need for any further reminder to be issued.
The items remain the property of Naughty Linen until they have been paid for in full.
6. Returns and Exchanges
The customer undertakes to immediately inspect the condition of the goods and verify whether the order is complete. Any complaints in respect of quality and completeness must be lodged with Naughty Linen immediately, but within 48 hours at the latest. Otherwise, the delivery shall be deemed to have been accepted. The statutory regulations pertaining to liability for defects apply. Deviations in color may be attributable to the monitor used and photographic technology and do not constitute a defect.
Naughty Linen shall not be held liable for damage sustained in transit and damage caused by improper storage of the goods once they have been received by the customer or their agents.
There is no right of return or exchange in respect of goods that have been delivered to the customer in full and undamaged.
7. Data Protection
The data necessary for processing the transaction will be stored and passed on to the company commissioned with delivery for the purpose of performing the contract. Otherwise, stored data will not be passed on to third-party companies, with the exception of credit rating agencies. The Naughty Linen data protection policy applies in respect of data protection.
Naughty Linen may enter into order-related and other correspondence electronically. We hereby expressly make you aware of the risks beyond the control of Naughty Linen that are connected with data transfer by e-mail. These risks include the transfer of viruses, damage to and/or loss of data, and unauthorised third-party access. By placing an order, the customer authorises Naughty Linen to send documents and other data in unencrypted e-mails.
8. Applicable Law
These Terms and Conditions are governed by Swiss law (to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods). The place of jurisdiction is Zurich.
9. Cancellation Notice
Right of cancellation:
You are entitled to cancel this contract within fourteen days without stating reasons. The 14-day cancellation period begins on the date on which you or a third party named by you (but not the carrier) takes possession of the final consignment of goods.
To exercise your right of cancellation, you must provide us with a declaration that unambiguously reflects your decision to cancel the contract (e.g. a letter sent by mail, a fax, or an e-mail). You may send your declaration by mail to Naughty Linen by Floriddia Creative Studio, Badenerstrasse 153, 8004 Zurich, Switzerland or by e-mail to email@example.com. In order to comply with the time limit, it is sufficient to dispatch notification of your intent to exercise your right of cancellation prior to the cancellation period elapsing.
Should you cancel this contract, we agree to refund without delay – but at the latest within fourteen days of the day on which we received your notification of cancellation – all payments that we have received from you including delivery costs (with the exception of any costs arising from the fact you selected a delivery option other than standard delivery). Unless expressly agreed otherwise, we will refund you using the same payment method that you used for the original transaction; under no circumstances will you be charged for the refund. We can withhold payment of the refund until the goods have been returned to us or until you have provided evidence that you have sent the goods back to us, whichever comes first.
You must return/hand over the goods to us without delay and, at the latest, within fourteen days of the date on which you notify us of the cancellation of this contract. The goods must be returned to/handed over at the following address: Naughty Linen by Floriddia Creative Studio, Badenerstrasse 153, 8004 Zurich, Switzerland. Dispatching the goods prior to the fourteen-day period elapsing is sufficient to comply with the time limit. You will only have to pay for any decrease in the value of the goods if said decrease is attributable to the goods being handled in a way that is not necessary to inspect the condition, properties and functionality of the goods.
This right of cancellation does not apply in respect of contracts for the delivery of goods that are not prefabricated and whose manufacture is dependent on an individual selection made by or instructions given by the consumer or that is clearly tailored to the consumer’s needs. This proviso applies in respect of items that are assembled individually by the customer using a configurator as well as in respect of sealed items that are not suitable for return for health protection or hygiene reasons if their seal has been removed following delivery.
10. Redeeming Gift Certificates
We offer gift and promotional certificates. Gift certificates can be purchased. Promotional certificates cannot be purchased. Instead, we issue them as part of promotional campaigns and they have a fixed validity period.
10.1 Gift certificates (certificates that you can buy) may be redeemed for the purchase of Naughty Linen products. They may not, however, be used to purchase additional certificates.
10.2 The credit on a gift certificate will not be paid out in cash, nor will interest be accrued.
10.3 Gift certificates and credit amounts may only be used prior to the order process being completed. Gift certificates and credit amounts cannot be subsequently deducted from the purchase price.
10.4 Our Customer Service department can only cancel the purchase of a gift certificate if this has not yet been redeemed. A gift certificate is deemed to have been redeemed when it is offset against an order or when it has been credited to the customer account.
10.5 If the credit on a gift certificate is not sufficient for a specific order, the balance may be settled using the available payment methods. Promotional certificates may not be used to purchase gift certificates.
10.6 Gift certificates can be used when making orders.
10.7 To redeem gift certificates in your customer account or to view your current credit, visit the “My Account” section on www.naughtylinen.ch.
10.8 We accept no liability for the loss or theft of gift certificates or for them being illegible due to circumstances beyond our control. We also accept no liability for spelling mistakes in the e-mail address of the person receiving the certificate.
10.9 Gift certificates are transferable. It is not permitted to use the gift certificates for commercial purposes. Furthermore, it is not permitted to reproduce, edit, or manipulate the certificates.
11. Redeeming Promotional Certificates
11.1 Promotional certificates are only valid during the stated period and can only be redeemed once when placing an order. Individual brands may be excluded from the promotion.
11.2 The order value must be at least as high as the value of the promotional certificate. For administrative reasons, it is not possible to reimburse any remaining credit.
11.3 Promotional certificates may only be used prior to the order process being completed. It is not possible to subsequently deduct them from the price. The credit on a promotional certificate will not be paid out in cash, nor will interest be accrued.
11.4 Promotional certificates may not be transferred to third parties. It is not possible to combine more than one promotional certificate.
11.5 If the credit on a promotional certificate is not sufficient for a specific order, the balance may be settled using the available payment methods.
11.6 Insofar as the promotional certificate was issued as part of a promotional campaign and no payment was made for it, it will not be refunded if the goods are fully or partially returned.
11.7 If you have used a promotional certificate when making your purchase, we reserve the right to charge you the original price of the goods you retain if – as a result of your cancellation – the total order value falls below the value of the promotional certificate concerned.