Terms of service

Version from 1 May 2025

 

1. Applicability and scope

The following General Terms and Conditions ("GTC") apply to all business relationships between Fashion4All Tomasini, Lindenweg 3, CH-3294 Büren an der Aare, Switzerland ("Fashion4All Tomasini", "we" or "us") and the customer (hereinafter "customer", "buyer" or "you") for products (hereinafter "products" or "goods") purchased via our website (hereinafter "online shop" or "website") at https://fashion4all-tm.com/. Our offers, services, products and deliveries are made exclusively on the basis of the applicable GTC and our Privacy Policy. These GTC and our Privacy Policy also apply to all future business relationships, even if they are not expressly agreed again.

You can access the current GTC at any time here.

The online shop is operated by:

Fashion4All Tomasini, owner Pietro Tomasini, Lindenweg 3, CH-3294 Büren an der Aare, Switzerland

UID no. Switzerland: CHE-147.183.061 

E-Mail: fashion4all-tm-service@outlook.com

Conflicting general terms and conditions of the customer are not recognised.

Fashion4All Tomasini reserves the right to amend these GTC at any time. All changes shall become effective upon publication of the new GTC on the website. The relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us when purchasing a product.

The contractual language is exclusively German. If there is a conflict between this German text and the English text, the German text shall prevail.

By placing a binding order for our products, you declare that you have the legal capacity to act and are at least 18 years old or are authorised to act on behalf of your company.

1. Register for an account

When you register a customer account in our online shop, you can view information about your completed orders and save your address details. As your data is saved, you do not have to enter it again when you make another purchase. Registration creates a permanent customer account.

If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat the personal access data confidentially and not to make it accessible to unauthorised third parties. Should you become aware of any indications of misuse of your customer account by third parties, you must inform us immediately.

Fashion4All Tomasini guarantees to treat your data confidentially and not to pass it on to unauthorised third parties. For further information on data protection in dealing with your customer account, please refer to our privacy policy available at Privacy Policy.

Registration is free of charge. Each customer is only authorised to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.

Fashion4All Tomasini is not obliged to accept the registration or order of a registered customer.

1. Conclusion of a purchase agreement

The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the product in the online shop. Fashion4All Tomasini expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on Fashion4All Tomasini.

The customer can place a binding order for the products he has selected via our online shop. The customer can place the products he selects in the "shopping basket". This does not yet constitute a binding order. An order is only deemed to have been bindingly placed when the customer clicks on the "Buy now" button on the order page at the end of the order process. Before submitting the order, the customer can change and view the details at any time, recognise any input errors and correct them if necessary before the binding final submission of the order. By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of online ordering and your documentation.

Receipt of the order is confirmed to the customer by E-Mail. This E-Mail contains the details of the order and the accepted general terms and conditions. This E-Mail only serves as information that we have received your order. It does not constitute a purchase contract. After you have placed a binding order, Fashion4All Tomasini is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by E-Mail and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is rejected. You remain bound to your order for 3 days.

A binding purchase contract is created upon acceptance of the order by Fashion4All Tomasini. This acceptance is made by express notification by E-Mail, but at the latest by delivery or the first delivery attempt. The invoice or payment confirmation for your order will be sent to you with the confirmation E-Mail.

Fashion4All Tomasini also advertises its products on other websites and by means of campaigns (including social media). The terms and conditions of the respective websites apply. In these cases, you will be redirected to our website as soon as a product is selected. The contract is concluded as described above.

It is also possible for the customer to conclude a purchase contract with Fashion4All Tomasini by placing an order by telephone, post or E-Mail. The purchase contract is only concluded upon acceptance by Fashion4All Tomasini and is subject to these GTC and the privacy policy. This type of order can be placed both via a catalogue and via the website.

1. Availability and reservation of performance for non-deliverable products

All information about the availability, dispatch and delivery of a product is preliminary information and approximate. They do not constitute binding or guaranteed dispatch or delivery dates. We are only liable for delays in dispatch or delivery if we are responsible for the delay.  

Our products are available as long as our stocks or those of our suppliers last. If Fashion4All Tomasini realises during the processing of your order that the products you have ordered are not available, we will inform you accordingly. In this case, no contract will be concluded.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by E-Mail or it will be displayed in the online shop that the desired number of items is not available.

1. Prices and shipping costs

Our products and prices correspond to those stated on the website. All prices are quoted in CHF (Swiss francs) for customers whose country of delivery is Switzerland or the Principality of Liechtenstein and include the statutory value added tax (VAT) of 8.1%. For customers with a delivery country in the EU, the prices are stated in EUR (Euro) (unless the applicable national currency is stated) and include the statutory value added tax (VAT) at the applicable rate. For customers in other delivery countries, the prices are stated in the respective national currency and include the statutory value added tax (VAT) at at the applicable rate. The total price of your order, including all ancillary and delivery costs, is displayed at the end of the order process.

By placing a binding order, you declare that you agree to the total price for the products ordered. After the binding order, the price can no longer be adjusted.

Fashion4All Tomasini reserves the right to change prices at any time. Orders already placed are not affected by this. The products will be charged on the basis of the prices offered at the time the binding order is placed.

Product prices quoted do not include delivery costs.

Depending on the country of delivery, international deliveries may be subject to additional customs duties (e.g. import duty, import sales tax and any other duties and processing fees). This applies in particular to deliveries to Switzerland, the Principality of Liechtenstein and countries outside the European Union if the delivery is made from a third country. These charges are not included in the product or shipping price, are not levied or paid by Fashion4All Tomasini and are to be borne by the customer. In these cases, delivery is "Delivered at Place" (DAP), i.e. without customs clearance by us. We have no influence on the amount of these duties. Further information can be obtained from the relevant customs authorities, e.g. the Swiss Federal Customs Administration (www.bazg.admin.ch) or the responsible authorities in your country.

1. Terms of payment

The customer has the option of paying using the payment methods displayed on the website or during the order process. These may change from time to time and depending on the country. Payment is processed via a secure connection (SSL/TLS encryption) to ensure the security of the user's data.

The amount is due for payment immediately upon conclusion of the purchase contract. Payment on account is excluded. The customer undertakes to make the payment immediately via the selected payment method. Fashion4All Tomasini is not liable for delays or errors in payment processing caused by the payment provider or third parties involved.

By selecting the means of payment, the customer authorises the payment either by entering the credit card details or access data of a payment service provider. The customer authorises Fashion4All Tomasini to accept payments by the appropriate means. Should chargebacks occur, Fashion4All Tomasini is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Fashion4All Tomasini is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay by credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address details and to request authorisation from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is refused, Fashion4All Tomasini reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately. Credit card or bank payments will be debited when the order is placed.

If payment is made in advance, the customer will receive the invoice after receipt of the order. Payment must be made using the specified payment method and stating the payment reference within the payment period specified on the invoice. If payment is not made on time, Fashion4All Tomasini reserves the right to cancel the order.

If you are in default of payment, you will owe default interest of 5% per year. You may be charged a reminder fee of CHF 10.00 (ten Swiss francs) or EUR 10.00 (ten euros) or an equivalent amount in another currency for each reminder letter sent to you after default has occurred. All costs incurred in connection with the default, such as default interest, collection costs, legal fees and court costs, shall be borne in full by you. We reserve the right to prove and claim higher damages caused by default.

1. Terms of delivery

Deliveries to delivery addresses in Switzerland and the Principality of Liechtenstein are made via selected carriers and delivery services, e.g. Swiss Post. Similar delivery services are selected for delivery to other countries.

Delivery costs are always charged to the customer, whereby the usual rates apply. This depends on the specific delivery conditions in the respective country of delivery.

The products that you order from our online shop will generally be delivered to you within 15 working days (or 20 working days for customised products) after confirmation of the contract. We will inform you of any delays in delivery. Such delays may be caused by customs clearance, for example, and are beyond our control. Fashion4All Tomasini is not liable for delays in delivery for which Fashion4All Tomasini is not at fault. If a delivery delay of more than 30 days occurs, the customer can cancel his order.

Should the delivery of the product fail due to the customer's fault (e.g. several unsuccessful delivery attempts), Fashion4All Tomasini can choose to withdraw from the contract; in this case, any payments made will be refunded. Fashion4All Tomasini can also donate the ordered product for charitable purposes. In this case, any payments made will not be refunded.

If not all ordered products are in stock, we are authorised to make partial deliveries. Any deadlines shall only commence upon receipt of the partial delivery.

1. Retention of title

Fashion4All Tomasini remains the owner of the products until they have been paid for in full. For this purpose, Fashion4All Tomasini may have the retention of title entered in the public register and the customer undertakes to make corresponding declarations.

1. Complaints and grievances

We attach great importance to customer satisfaction. You can reach us using the contact information provided at the beginning of this document. We endeavour to examine your enquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have a claim or complaint, please help us by telling us the exact problem or fault and, if necessary, providing a copy of the order documentation or at least the order number. We will endeavour to respond to you within 3 working days.

1. Notice of defects/warranty

Fashion4All Tomasini warrants that the goods correspond to the warranted characteristics and have no defects that impair their value or suitability for the intended use, however, the following restrictions apply: 

• Deviations of the delivered products from the information in brochures, catalogues in the online shop and other written or electronic documents, in particular with regard to material properties, colour, weight, dimensions, design or comparable features, are reserved within reasonable limits. Reasonable deviations may result in particular from customary commercial fluctuations as well as production and material-specific conditions.
• The colour designations and sizes used by Fashion4All Tomasini or the manufacturers are not standardised, unless otherwise stated. Differences between the specifications of different manufacturers and product-specific deviations are possible and do not constitute a defect.
• The colours shown in the online shop may differ from the actual product colour for technical reasons. Colour deviations may occur in particular due to individual screen settings. Furthermore, colour deviations may occur in digital printing, depending on the textile material used and the respective batch. A colour-accurate print result can therefore not be guaranteed.
• Textile articles may contain production-related chemical residues that are harmless to health and may cause discolouration when worn for the first time in combination with body perspiration. This discolouration does not constitute a material defect covered by the warranty. We recommend washing the textiles before wearing them for the first time.

Upon receipt of the products, the customer must check them immediately for correctness, completeness and any damage. Faults or damage must be reported to Fashion4All Tomasini within 5 working days. Errors or defects must be documented (description, picture, video). Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defects or report them immediately, the goods shall be deemed to have been approved and you shall forfeit your warranty rights against us.

The statutory warranty provisions apply in the event of manufacturing defects/material or production faults. Your warranty claim due to defects in the item shall expire two years after delivery to the customer, even if you only discovered the defects later. Excluded from the warranty are products that have been damaged through the buyer's own fault or during transport.

For customers from Switzerland and the Principality of Liechtenstein: The customer's warranty claims are limited to replacement delivery or rectification of defects/rework to the exclusion of all other claims, in particular cancellation, reduction or compensation for indirect damage and consequential damage. Fashion4All Tomasini shall decide at its own discretion on replacement delivery or rectification of defects. If subsequent delivery or rectification fails, the customer is entitled to withdraw from the contract in the event of significant defects.

For customers from other countries (including the EU): The warranty claims are subsequent fulfilment, withdrawal from the contract and reduction of the purchase price. In particular, the customer can demand either the elimination of the defect or the delivery of a defect-free item as subsequent fulfilment. Fashion4All Tomasini can refuse the chosen type of subsequent fulfilment if it is only possible with disproportionately high costs or is impossible altogether. Compensation for indirect damage and consequential damage is excluded.

For all countries:

If you have a complaint or service questions, please contact us at the following address with the order number, a description of the fault and other helpful information:

Fashion4All Tomasini, Lindenweg 3, CH-3294 Büren an der Aare, Switzerland

E-Mail: fashion4all-tm-service@outlook.com

The faulty product must be returned with a copy of the invoice and a detailed description of the defect to the address specified on delivery (returns note).

The return of a product is at the expense and risk of the customer. Please ask for confirmation of your return and keep this confirmation, as your warranty claim cannot be processed if the parcel is lost. 

For customers from the Principality of Liechtenstein and other countries, the above shall only apply insofar as this is permitted under the applicable law. In this case, the information in the cancellation policy in section 11 shall apply accordingly.

1. Cancellation policy for consumers

Cancellation policy

In the event that you are a consumer within the meaning of EU consumer protection legislation, i.e. you are making the purchase for purposes that are predominantly outside your trade, business or profession, and the relevant laws provide for this, you have a right of cancellation in accordance with the following provisions.

1. Right of cancellation

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of cancellation, you must inform us, Fashion4All Tomasini, Lindenweg 3, CH-3294 Büren an der Aare, Switzerland, E-Mail: fashion4all-tm-service@outlook.com, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample cancellation form

If you wish to cancel the contract, please complete this form and return it to us.

Delivery address:

[Company] , [address] ,
E-mail:      

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for notification on paper)

date

 

(*) Delete as appropriate.

End of the cancellation policy

The right of cancellation does not apply

• for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, and
• in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Exchange and return policy

Fashion4All Tomasini does not grant any right of exchange or return apart from the statutory right of cancellation and the warranty in accordance with section 10 of these GTC. In particular, the return of products is excluded:

• if the customer does not like the product
• the customer has selected an incorrect option such as colour or size
• the customer has ordered the wrong item

1. Repayments and receivables

Customer claims from justified returns, double payments or other comparable constellations as well as customer credit balances will be refunded to the customer via the same channel without delay and at the latest upon the customer's request. Refunds in the form of a voucher are permitted if the customer has expressly consented to this (e.g. by e-mail).

If products have been used or the original packaging is missing or damaged, we reserve the right to make a deduction or claim compensation. It can be assumed that the products have been used if they show signs of use (odour, stains, etc.), have been inseparably mixed with other goods or can only be sold in the returned condition with major repair work or at a reduced price.

In the event of a return, Fashion4All Tomasini reserves the right to deduct the shipping costs from the refund amount. In the case of a full return, Fashion4All Tomasini will claim the shipping costs.

Customer claims from vouchers (e.g. value or gift vouchers) will only be refunded within 5 years.

1. Liability

Towards customers from Switzerland and the Principality of Liechtenstein: We shall be liable without limitation for direct damages arising from intent and gross negligence, from personal injury and in accordance with the Product Liability Act. All other liability for further damages arising from contract or tort, in particular but not limited to indirect, consequential damages, etc., is hereby completely excluded to the extent permitted by law.

Liability for auxiliary persons is excluded to the extent permitted by law.

In addition, the total liability under these GTC is limited to the price of the goods that the customer has ordered from us, irrespective of the reason and to the extent permitted by law.

Towards customers from other countries (including the EU):

Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely. Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our legal representatives and vicarious agents.

In the event of a breach of material contractual obligations, Fashion4All Tomasini shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.

Any further liability is excluded to the extent permitted by law.

For all countries: 

If an event occurs that is beyond our influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfilment (or late fulfilment) of obligations arising from these GTC or the contractual relationship based on them. Furthermore, we reserve the right to withdraw from the contract in such cases. An event outside our sphere of influence exists, for example, in the following cases: strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the loss of the ability to use rail, shipping, air, motor vehicle routes or other means of public or private transport. Should an event beyond our control occur that affects the fulfilment of our obligations under the contract, we will inform you as soon as possible.

1. Data protection

When you use our website and/or contact us, various personal data is collected. Fashion4All Tomasini collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. With your order, you consent to the processing of your data insofar as this is subject to the requirement of consent.

Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy. This is available under Privacy Policy. We may amend or supplement the privacy policy at any time.

1. Copyright

The information and content published on the website, in particular art designs, are protected by copyright and are the property of Fashion4All Tomasini or the respective rights holder. Reproduction, editing, distribution or any other form of utilisation requires the prior written consent of the respective rights holder. Fashion4All Tomasini and the respective rights holder expressly reserve all rights in this regard.

If the customer submits their own design (e.g. motif, text or image) or otherwise influences the product (product personalisation) and Fashion4All TOMASINI agrees to use this, the customer assures Fashion4All TOMASINI that the design (motif, text or image) is free from third-party rights. In this case, any copyright, trademark, personality or name right infringements shall be borne in full by the customer. The customer also assures that he does not violate any other rights of third parties by individualising the product. The customer shall indemnify Fashion4All TOMASINI against all claims and demands in this respect which are asserted due to the infringement of such third-party rights, insofar as the customer is responsible for the breach of duty. The customer shall reimburse Fashion4All TOMASINI for all defence costs and other damages incurred.

1. Severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

1. Online dispute resolution

The European Commission has set up an online platform for alternative dispute resolution procedures for consumers resident in the EU, which provides an out-of-court procedure for resolving all disputes relating to and arising from online sales contracts: http://ec.europa.eu/consumers/odr/

Fashion4All TOMASINI is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

1. Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law, to the exclusion of the conflict-of-law rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the Hague Convention and private international law, subject to mandatory statutory provisions.

The exclusive place of jurisdiction is our registered office. The mandatory places of jurisdiction provided for by law remain reserved. We also reserve the right to sue you at your ordinary place of jurisdiction.

These provisions shall only apply insofar as there are no mandatory provisions of the law of the country in which the consumer has his habitual residence which take precedence over these GTC.

These GTC replace all previous general terms and conditions.

 

Büren an der Aare, 1 May 2025