Terms & Conditions

1. Scope of Application

a. The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops (http://www.bellaland.ch) (hereinafter individually referred to as “online shop”). The online shop is operated by (Bellaland GmbH).

b. Bellaland GmbH reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.

c. Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.

2. Information

a. Product and Price

i. Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.

ii. Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.

iii. All prices quoted are net, in Swiss Francs, or other currencies available in the Website, include a packaging costs and subject to value added tax (VAT) ,where applicable, and delivery costs (For details, please refer to “Shipping and Delivery” on the Website) as well as any additional charges and costs. Bellaland GmbH and the merchants reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.

iv. The customer can select the payment methods available in the online shop.

b. Availability and delivery times

i. Bellaland GmbH is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for Bellaland GmbH as well as for merchants. Therefore, all information on availability and delivery times is subject to change.

3. Contract conclusion

a. Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.

b. A contract for products or services from Bellaland GmbH shall be deemed concluded with Bellaland GmbH as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).

c. For products and services offered by a merchant independent of Name of Company, the contract is concluded between the merchant and the customer as soon as an order has been placed by the customer in the with the merchant via online shop, at one of our stores, by telephone, or e-mail, etc. Bellaland GmbH only mediates in the sales and acts as intermediary and service provider for merchants, but does not act as contracting party for the customer.

d. Customers are informed of their order placement by means of an automatically generated order confirmation by Bellaland GmbH, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Bellaland GmbH or the merchant under condition of deliverability and correct price quotation.

4. Customer obligation

a. Taxes

Depending on your order and country, you will be liable to pay local taxes and duties upon receiving your order, for which Bellaland GmbH cannot accept liability. By purchasing our products, you consent your package is subject to custom fees when they arrive in your country. The refusal to pay such fees will cause a full cancellation of the order.

*Please note that if such circumstance does occur, transportation costs and custom clearance costs associated with a cancellation will be deducted from the total amount refunded to you. *

b. Customer obligation to inspect products

i. Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.

ii. If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.

iii. The customer shall inform Bellaland GmbH of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. This also applies to products and services by merchants. The customer must retain the product in the condition it was delivered in and may not use it.

5. Return policy

a. If you wish to return a product, this can be done in your customer account. For all information, go to 'Returns and warranty'. We have listed the requirements below. All products purchased from Bellaland GmbH may be returned by post.

b. Return period

i. Our return periods apply from date of shipment or collection. The date of the postmark or the date on which the item is personally returned applies.

ii. 30-day right of return for all products purchased from Bellaland GmbH.

c. No right of return

i. Unfortunately, we cannot accept the following returns:

1. Damaged products (with the exception of transport damage)

2. Products that are not in their original packaging

3. Products that do not include all accessories

4. Food and Edibles

d. Refund value

Provided that a product can be returned, the following refund regulations apply:

Full refund at purchase price

The product is in its sealed, undamaged original packaging

Clothing and shoes: The purchase price is refunded provided that the following requirements are met: No signs of use, original labels have not been removed and original packaging is existent

Return shipping costs

i. Postal charges for the return shipment of products are generally borne by the sender. The following exceptions apply:  

1. The product received is incorrect

2. The product information in our shop is incorrect

3. The product received was not ordered

4. The product is incomplete

6. Warranties By Users

a. Users warrant as follows:-

i. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website without prior intimation whatsoever.

b. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

c. You shall at all times ensure full compliance with various laws regarding your use of our services.

d. You shall not hold the Company or Website liable for any issues that occur between you and another user in case you share your personal details with another user and that another user misuses that information. The company shall never ask the registered users to share their personal information with any other user on the website.

e. You shall be solely responsible for any breach of your personal information in case you transmit it to any other user on our website and the Company shall in no case be liable or responsible for either protecting the same or for its breach. 

7. Misuse Of The Website

a. You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.

b. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;

c. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.

d. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password "mining" or any other illegitimate means.

e. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.

f. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.

g. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.

h. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

i. You may not use the website or any content for any purpose that is unlawful or prohibited by these GTC, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and / or others.

j. You shall solely enable us to use the information (such as comments, questions, messages etc.) you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the GTC and Privacy Policy applicable to use of the website.

k. We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these GTC. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

l. It is possible that any of the user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.

m. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

8. Intellectual Property Rights

a. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Bellaland GmbH or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Bellaland GmbH reserves the right to change or modify the Content from time to time at its sole discretion.

b. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Bellaland GmbH or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Bellaland GmbH, the vendor/seller or the third party that may own the Marks.

c. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Bellaland GmbH owns all intellectual property rights to and into the trademark "Bellaland GmbH", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

d. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Bellaland GmbH or thirty party owner of such Content.

9. Third Party Content

a. General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Bellaland GmbH may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Bellaland GmbH shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

b. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Bellaland GmbH makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

10. Disclaimer of Warranties and Liability

a. The website, services, content, user content and any third party content are provided by Bellaland GmbH on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Bellaland GmbH makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from Bellaland GmbH or through the website / content or from use of the services shall create any warranty not expressly stated in these GTC.

b. To the maximum extent permitted by applicable law, Bellaland GmbH will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Bellaland GmbH also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

c. You expressly understand and agree that, to the maximum extent permitted by applicable law Bellaland GmbH will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Bellaland GmbH has endeavored to ensure that all the information on the website is correct, but nBellaland GmbH neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Bellaland GmbH shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Bellaland GmbH shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Bellaland GmbH 's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Bellaland GmbH is not responsible for any typographical error leading to an invalid coupon. Bellaland GmbH accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

11. Indemnification and Limitation of Liability

a. You agree to indemnify, defend and hold harmless Bellaland GmbH, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the GTC; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

b. Bellaland GmbH may notify You of any claims which You shall be liable to indemnify Bellaland GmbH against. You will then be required to consult with Bellaland GmbH regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Bellaland GmbH without the express prior written consent of Bellaland GmbH which can be withheld or denied or conditioned by Bellaland GmbH in its sole discretion.

c. Notwithstanding anything to contrary in the GTC, in no event shall Bellaland GmbH, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Bellaland GmbH has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

12. Terms

a. The GTC will continue to apply until terminated by either You or Bellaland GmbH as set forth below unless otherwise specified. If You want to terminate Your agreement with Bellaland GmbH, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Bellaland GmbH has made this option available to You.

b. You agree that Bellaland GmbH may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Bellaland GmbH determines that You have violated the terms of these GTC or any other agreement(s). You also agree that any violation by You of the GTC will cause irreparable harm to Bellaland GmbH, for which monetary damages may be inadequate, and You consent to Bellaland GmbH obtaining any injunctive or equitable relief that Bellaland GmbH deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bellaland GmbH may have at law or in equity.

c. In addition to Clause 11.b above, Bellaland GmbH may, at any time, with or without notice, terminate these GTC (or portion thereof, such as any individual Additional Terms) with You if:

i. Bellaland GmbH is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

ii. The provision of the Services to You by Bellaland GmbH is, in Bellaland GmbH's opinion, no longer commercially viable;

iii. Bellaland GmbH has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

d. In the event Bellaland GmbH faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

e. Bellaland GmbH may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

f. You agree that all terminations shall be made in Bellaland GmbH's sole discretion and that Bellaland GmbH shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

g. Notwithstanding the foregoing, these such terms of this GTC   as are meant to survive termination / expiry of this GTC, will survive indefinitely unless and until Bellaland GmbH chooses to terminate them. Bellaland GmbH may inform the sellers who have accepted Your purchase orders on the Website, that this GTC is terminated, and upon such information sellers may cancel the purchase order. Bellaland GmbH may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

13. Governing Law and Jurisdiction

a. These GTC and all transactions entered into on or through the Website and the relationship between You and Bellaland GmbH shall be governed in accordance with the laws of Switzerland without reference to conflict of laws principles.

14. General Provisions

a. Notice: All notices with respect to these GTC from Bellaland GmbH will be served to You by email or by general notification on the Website. Any notice provided to Bellaland GmbH pursuant to these GTC should be sent to webshop@bellaland.ch

b. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Bellaland GmbH's rights and/or obligations under the are freely assignable or otherwise transferable by Bellaland GmbH to any third parties without the requirement of seeking Your prior consent. Bellaland GmbH may inform You of such assignment or transfer in accordance with the notice requirements under the GTC. Bellaland GmbH shall have right to transfer Your Account and Account Information to a third party who purchases Bellaland GmbH's business as conducted under the Website.

c. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the GTC, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the GTC shall continue in full force and effect. Bellaland GmbH may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these GTC.

d. Waiver: Any failure or delay by a party to enforce or exercise any provision of thetGTC, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these GTC or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

e. Principal to Principal Relationship: You and Bellaland GmbH are independent contractors, and nothing in these GTC will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Bellaland GmbH. As an abundant caution, it is clarified that Bellaland GmbH shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Bellaland GmbH have entered this GTC on principal to principal basis.

f. Force Majeure: If performance of any service or obligation under these GTC or other agreement by Bellaland GmbH is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Bellaland GmbH or its third parties performing such services as sub-contractor to Bellaland GmbH and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Bellaland GmbH shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Bellaland GmbH shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.