Terms of service
**I. General Terms and Conditions**
1. Scope of Application
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed via the online shop of Muntagnard AG (hereinafter referred to as "Muntagnard") and to all contracts concluded (hereinafter referred to as "Order").
Muntagnard reserves the right to amend the GTC. The version of the GTC valid at the time of the order shall apply and cannot be unilaterally changed for this order.
2. Prices
The prices are quoted in Swiss francs, including VAT. The price applicable at the time of the order in the online shop shall apply.
3. Vouchers & Discounts
Vouchers and discount codes cannot be combined with other coupons or discount codes, and they do not apply to already discounted products or special offers. The validity period of a voucher code is communicated at the time of issuance. If no specific expiration date is provided, the voucher or discount code is valid for a maximum of 1 year (365 days) from receipt. All vouchers and discount codes are valid exclusively on www.muntagnard.ch.
4. Orders
The display of products in the online shop does not constitute a legally binding offer but rather an invitation for customers to order products through the online shop.
An order is considered an offer to Muntagnard to enter into a contract. After submitting the order, the customer automatically receives an order confirmation, indicating that the order has been received by Muntagnard.
Muntagnard reserves the right to refuse orders in whole or in part without providing a reason. In such cases, the customer will be informed, and any payments made will be refunded. Further claims are excluded, and there will be no follow-up shipment for unavailable products.
5. Conclusion of Contract
The contract is concluded at the time of dispatch of the goods.
6. Payment
Payment methods accepted are debit and credit cards (Visa, Mastercard, [...]), Twint, and Postfinance Pay. Invoicing is only available in exceptional cases and for large orders due to technical limitations.
If there are outstanding claims from the customer due to refunds, the repayment will be made within 30 days to the account used for the purchase. The period begins upon receipt of the goods by Muntagnard.
7. Deliveries within Switzerland
After receipt of payment, the ordered goods will be dispatched within 3-5 working days, unless otherwise specified in the online shop.
Time deviations are possible, especially on peak days with exceptionally high delivery volumes, and any claims for damages or further claims by the customer are excluded.
Upon delivery, the customer assumes responsibility for the delivered goods, even if they were not received directly by the customer.
The delivery costs depend on the value of the ordered goods and the destination. The delivery costs specified in the online shop apply and are listed as an additional item in the shopping cart and on the invoice.
8. Deliveries Abroad
We currently only deliver to Switzerland and Liechtenstein. Shipments abroad are not available at the moment.
9. Right of Withdrawal
The customer may withdraw their declaration of contract within 14 days without stating a reason, either in writing (letter or email) or by returning the item.
The withdrawal period begins upon receipt of the goods by the customer.
Returned goods must arrive unused and in perfect condition at Muntagnard. If the customer cannot return the received goods in whole or in part or only in a deteriorated condition, they must compensate Muntagnard accordingly. Compensation for derived use must only be provided if the goods were used beyond examining the properties and functionality. "Examining the properties and functionality" is understood to mean testing and trying out the respective goods as it would be possible and customary in a retail store.
To meet the withdrawal deadline, it is sufficient to send the withdrawal or the item in time. The withdrawal must be addressed to:
Muntagnard AG
Obere Gasse 53
7000 Chur
contact@muntagnard.ch
10. Applicable Law and Jurisdiction
The legal relationship between Muntagnard and the customer is governed by Swiss substantive law, excluding conflict of laws and the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for disputes arising from or in connection with these GTC is Chur.
11. Severability Clause
If individual provisions of the contract, including these regulations, are wholly or partially invalid or if the contract contains an unforeseen gap, the validity of the remaining provisions or parts thereof shall not be affected. The invalid or missing provisions shall be replaced by the respective statutory regulations.
II. Competitions
1. Competition Terms
This competition is organized by Muntagnard AG, Denter Tumas 6a, 7013 Domat/Ems, Switzerland.
Eligible participants are all natural persons residing in Switzerland and the Principality of Liechtenstein, except employees of Muntagnard AG and their assigned companies.
2. Competition Guidelines
Participants are those whose email address was entered during registration for the competition. Only one entry per person is allowed. Irregular or repeated entries will result in exclusion from the competition. Automated participation or entries and any technical manipulation also lead to exclusion. Participation is free and without any purchase obligation. Only the prizes described in the competition are awarded. The drawing of prizes only includes participants who have personally completed all required fields truthfully. Muntagnard AG reserves the right to suspend the competition if it suspects that the competition's integrity is at risk. The deadline for participation is specified on the competition medium.
Muntagnard AG reserves the right to amend these terms without notice. Participation implies consent to the use of submitted data for further offers and information (advertising in the form of e-newsletters or mail with current news and attractive offers). Data storage and processing are limited to Switzerland and the Principality of Liechtenstein.
Data will not be shared with third parties. To opt out of offers and information, please contact us at contact@muntagnard.ch or unsubscribe directly from the newsletter. Muntagnard AG ensures careful handling of personal data and compliance with Swiss data protection regulations.
3. Prizes
Winners will be contacted directly by Muntagnard AG. If the winner does not respond within 14 days after the prize notification is published, Muntagnard may award the prize to another participant.
Prizes will neither be paid out in cash nor exchanged and can only be transferred to another winner by arrangement. Winners accept any prize changes. Muntagnard AG is not liable for any damage or loss related to the delivery of prizes once they are handed over to the postal service. No correspondence regarding the competition will be conducted. Legal recourse is excluded.
III. "Become a Graubünden Resident" Campaign by Muntagnard AG
1. Scope and Purpose
The following General Terms and Conditions (hereinafter "GTC") govern the terms for participating in the "Become a Graubünden Resident" campaign by Muntagnard AG. As part of this campaign, anyone purchasing a Muntagnard jacket during the campaign period (16.11.2023 – 30.11.2023) acquires a membership in a special association founded by Muntagnard AG. This membership symbolizes partial ownership of a specific piece of land in Graubünden owned by the citizens' community of Chur.
2. Type of Membership
By purchasing a Muntagnard jacket, buyers become members of the Muntagnard association, symbolically sharing ownership of the designated land.
3. "Certificate of Ownership" and Title "Landowner"
Each member of the Muntagnard association receives a certificate of symbolic ownership of one square meter of land in Graubünden, which allows them to use the title "Landowner" or "Graubünden Resident" as part of the campaign. No other rights or claims are granted.
4. Symbolic Character
It is explicitly stated that this partial ownership is purely symbolic. Association members have no actual claim to the land, legally or economically. Membership grants no ownership or usage rights over the land.
Members are not permitted to cultivate, build on, lease, rent, sell, or otherwise use the land. Any form of legal, economic, or material claims related to the land is excluded.
Membership in the association does not constitute a contractual or other obligation of the citizens' community of Chur or Muntagnard AG towards the members regarding the land. The land remains under the ownership of the citizens' community of Chur, retaining all rights and responsibilities associated with it.
5. Membership Fee
The membership fee for the Muntagnard association is included in the purchase price of the Muntagnard jacket (MIUtec line). There are no additional financial costs for membership.
6. Termination and End of Membership
Membership in the Muntagnard association ends automatically with the termination of symbolic land ownership, no later than 30.11.2026.
7. Data Protection
Muntagnard AG undertakes to comply with data protection laws. Personal data collected as part of the campaign will be used solely for internal purposes and will not be shared with third parties.
Members have the right to request information about their stored data and to request the correction, deletion, or restriction of this data.
8. Changes to the GTC
Muntagnard AG reserves the right to amend these GTC at any time. Members will be informed of such changes in due time.
9. Final Provisions
These GTC are subject to Swiss law
. The exclusive place of jurisdiction for disputes arising from or in connection with these GTC is Chur.
IV. Subscriptions / Memberships
1. Scope and Provider
These General Terms and Conditions (GTC) apply to the use of the clothing subscription (“Subscription”) from Muntagnard AG. Muntagnard AG offers this subscription exclusively for marked products. By ordering the subscription, the customer agrees to these GTC.
2. Contract Conclusion and Subscriptions
2.1 Subscription Contract: The clothing subscription is a rental or usage contract granting the customer the right to use a clothing product. The subscription fee is billed monthly and applies to the usage period, not to ownership of the product, which remains with Muntagnard AG.
2.2 Term and Renewal: The minimum term of the subscription is six months from the order date. After this period, the subscription automatically renews monthly unless terminated.
2.3 Modifications and Termination: The subscription can be canceled at any time after the minimum term with a one-month notice period. Frequency adjustments or renewals can be made by the customer in their personal account or via customer service.
3. Ownership and Usage Rights
3.1 Ownership and Care: All clothing products provided under the subscription remain the property of Muntagnard AG. The customer acquires only the right to use the clothing. The customer agrees to handle the clothing with care and to follow the care instructions.
3.2 Prohibition of Resale: Reselling, renting, or otherwise transferring the clothing to third parties is not permitted.
3.3 Return Obligations: Upon termination, the clothing must be returned to Muntagnard AG. If not returned within 14 days, Muntagnard AG reserves the right to charge reminder fees.
3.4 Loss of Product: In case of loss of a subscription product, the customer is liable for the lost item up to the respective product price, based on the difference between the actual retail price and the subscription fees paid. For example, for a T-shirt, this would be CHF 79 minus the subscription fees paid by the time of loss notification.
4. Return and Refund
4.1 Return Procedure: After the subscription ends, the customer has 14 days to return the clothing to an official Muntagnard shop or by mail to Muntagnard AG. Return shipping costs are the customer’s responsibility.
4.2 Refund: Upon proper return, the last monthly subscription fee will be refunded as a credit to the customer account or a refund to the original payment method if an improper charge was made.
5. Payment Terms
5.1 Billing and Payment: The subscription fee is billed monthly in advance and automatically charged to the payment method provided at checkout. By subscribing, the customer consents to regular charges.
5.2 Payment Due Dates: If the payment method is invalid or expired, the customer will be notified and has seven days to update their payment information. If not updated, a reminder will be issued. After two reminders and continued non-payment, Muntagnard AG may terminate the subscription and take legal action.
5.3 Security: Muntagnard AG ensures secure storage and processing of payment data per data protection laws. Further information is available in our Privacy Policy.
6. Membership Benefits and Changes
6.1 Exclusive Benefits: Depending on the subscription type, the customer may be eligible for exclusive membership benefits such as discounts, product updates, or early access to new products. These benefits automatically end when the subscription is terminated.
6.2 Amendments: Muntagnard AG reserves the right to adjust subscription terms and membership benefits. Substantial changes affecting the customer will be announced 30 days in advance. If significant, adverse changes are made, the customer has the right to terminate the subscription without notice.
7. Liability and Warranty
7.1 Warranty: Muntagnard AG ensures that clothing products are free from defects covered by warranty. In the event of a defect, the customer has the right to a free replacement.
7.2 Limitation of Liability: Muntagnard AG’s liability for damage not caused to the clothing itself is limited to intent and gross negligence. There is no claim for compensation in cases of improper use or damage by the customer.
8. Data Protection and Processing of Personal Data
8.1 Data Processing: Customer personal data will be used solely to process the subscription and payments and stored per data protection laws.
8.2 Consent to Data Processing: The customer consents to the processing of their personal data and may withdraw this consent at any time. Further information is available in the Privacy Policy.
9. Right of Withdrawal
9.1 Withdrawal Period: The customer has the right to cancel the subscription within 14 days without stating a reason if the product is unworn and in new condition. The withdrawal period begins upon receipt of the clothing item.
9.2 Withdrawal Consequences: In the event of withdrawal, the customer must return the product at their own expense to Muntagnard AG. Once the product is received, the subscription fee will be refunded.
10. Applicable Law and Jurisdiction
10.1 Choice of Law: Swiss law applies to the subscription and all associated legal transactions.
10.2 Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising from the subscription agreement is Chur, Switzerland.
