1. Scope
These Pre-Order Terms (the "Terms") apply when making a pre-order ("Pre-Order") of the products ("Products") available for pre-ordering on the webshop ("Webshop") of Carnault AG, Südquaistrasse 14, 4057 Basel, Switzerland ("Carnault").
By placing a Pre-Order, you warrant that you are at least 18 years old and accept these Terms. You shall not visit, use, or access the Webshop or place a Pre-Order if you do not agree to these Terms. These Terms are only applicable to the placing of a Pre-Order. The sale and delivery of the Products are governed by separate terms and conditions as made available on the Webshop from time to time.
2. Pre-Order
2.1 Preferential rights
For each Pre-Order, you are entitled to purchase the selected Product once it is available for purchase on the Webshop before all other buyers that have purchased a Pre-Order after you.
Carnault will inform you about the updates relating to the Product and as soon as the Product is available for purchase in the Webshop.
You will be notified via e-mail once the Products are available to be ordered. You must make use of your Pre-Order within 3 months from the date the notification e-mail was sent, thereafter your Pre-Order will no longer be guaranteed.
Additional benefits of the Pre-Order, such as limited editions and other goodies, are outlined in the Webshop for each specific Pre-Order. The number of available Pre-Orders is limited and Carnault reserves the right to reject a Pre-Order within 14 days of receipt of payment. The Pre-Order is not transferable.
2.2 Fee and Payment
For each Pre-Order, a reservation fee (the "Fee") is payable as indicated on the Webshop. You receive confirmation via e-mail of your Pre-Order upon full payment of the Fee. The Fee is payable via the payment methods indicated on the Webshop. The Fee for the Pre-Order will be deducted from the final purchase price for the pre-ordered Product. The Fee is non-refundable.
2.3 Conditions for Product delivery
You acknowledge and agree that the actual delivery of the Product is subject to the following:
- You must be over the age of 18 and pass the respective age verification process conducted by Carnault;
- You must be a resident of a country to which Carnault delivers its Products;
- You must pay the remaining price of the Product with the payment methods made available by Carnault;
- You must accept the terms of sale for the Products.
3. Restrictions
In addition to other restrictions set forth in these Terms, you are expressly restricted from all of the following:
- Using the Webshop in any way that is, or may be, damaging to the Webshop. This includes making Pre-Orders and repeatedly using your cancellation right. If in Carnault's opinion, you are abusing your cancellation right, you will be banned from making Pre-Orders;
- Using the Webshop in any way that impacts visitors' access to the Webshop;
- Using the Webshop contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Webshop or any person or business entity.
4. Cancellation right
You have the right to revoke the Pre-Order within fourteen (14) days from the day of the conclusion of the contract (dispatch of the confirmation e-mail from Carnault) without stating any reasons.
In order to exercise the right of withdrawal, you must inform Carnault of the decision to withdraw from this contract by means of a clear declaration to Carnault (see address above) or info@carnault.com (e.g. a letter or e-mail sent by post). For this purpose, you can use the model withdrawal form in the Annex, which is, however, not mandatory. If you make use of the right of revocation, Carnault will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Upon receipt of the legally valid notice of revocation, the Pre-Order will be terminated without further ado. The Fee will be retransferred via one of the payment methods offered. The Fees of the payment service provider for the retransfer shall be borne by you.
5. No warranty
You acknowledge and agree that this Pre-Order is made without any warranty of any kind and that the Product may never be available for purchase, or that the final Product may be substantially different from the images and/or descriptions made available on the Webshop. Carnault excludes any warranties and representations of any kind relating to the Pre-Order, the Product and the Webshop to the extent permissible by applicable law.
Without limiting the foregoing representations and warranties, Carnault makes no representations or warranties of any kind, either express or implied, that the Webshop, co-branded pages, bridge page(s) and related links will be error-free and uninterrupted. Carnault further disclaims all implied warranties of merchantability or fitness for a particular purpose with respect to the technical functioning of Carnault's network and related links. Your sole and exclusive remedy against Carnault for any damages arising from the performance or non-performance by Carnault of its obligations hereunder and Carnault's entire liability hereunder will be as provided for in the liability section.
6. Limited Liability
Carnault is fully liable to you for damages resulting from (i) Carnault's gross negligence, (ii) willful misconduct or (iii) any applicable laws, to the mandatory extent.
In all other cases and to the extent permitted by applicable law, Carnault's liability is excluded.
You agree to fully indemnify Carnault from and against any liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your material breach of any of the provisions of these Terms.
7. Data Protection
Carnault only processes data in so far as necessary for the purposes of providing the Webshop and its services, such as providing the Pre-Orders. Carnault protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
Information regarding Carnault's processing of your data can be found in the privacy policy.
8. Intellectual Property
All pre-existing rights, titles, and interests, including all copyrights, trademarks, know-how, trade secrets, data, inventions, and other intellectual property or other rights ("IPR") related to Carnault, the Product and the Webshop are vested in Carnault.
9. Miscellaneous
Force majeure: Carnault does not assume liability for its inability to fulfil its obligations under these Terms in the event of force majeure e.g. natural disasters, wars, pandemics, epidemics, strikes, international trade disruptions, transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control.
No assignment: You must not assign any of your rights, obligations, or claims under these Terms.
Severability: If any provision of the Terms is held to be illegal, invalid, or otherwise unenforceable, the other provisions will remain in full force and effect with the necessary adjustments.
Governing Law and Jurisdiction: Unless applicable mandatory provisions state otherwise, all legal relationships arising from these Terms are governed exclusively by Swiss law, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of Carnault has exclusive jurisdiction for all disputes arising from or in connection with the Terms.
Annex: Revocation Form
(If you wish to revoke a Pre-Order, please complete this form and return it to Carnault)