Terms of service
General Terms and Conditions
Overview
The general terms and conditions give you an overview of our services on Mirame-Underwear.ch.
The present general terms and conditions (hereinafter "GTC") apply to all legal transactions made through the online shop Mirame-Underwear.ch (hereinafter individually referred to as "online shop"). The online shop is operated by Benko Underwear, CHE-252.906.274 (hereinafter "MIRAME").
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
MIRAME 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 or considerated.
1. Access and Account
To use our services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.
You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
The range of products and services available in the online shop is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
2. Our Products
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last. Orders exceeding conventional household amounts may be rejected without justification.
2.1 Content and Marketing Material
Images of products in advertising, brochures, the online shop etc. serve illustration services and are non-binding.
2.2 Product Price
All sales prices published in the online shop are final prices, which the following items are included in the price of the product: any prepaid recycling fees, packaging costs and any other taxes, fees.
The prices listed in the offer at the time of the order apply. The prices quoted are final price. Our company is not subject to VAT.
MIRAME reserves the right to change prices of products and services at any time without notice. The prices stated in the online shop at the time of order placement apply.
3. Order:
By placing an order, you declare that you are acting exclusively for private purposes.
The contract shall take effect when you click on the purchase button and receive the order confirmation.
MIRAME reserves the right to accept or decline your order for any reason at its discretion. Please review your order carefully before submitting, as MIRAME may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
By clicking the "buy now" button, you place a binding order for the items in your shopping basket.
A binding contract is concluded upon your receipt of the order confirmation. (We will confirm receipt of your order by email immediately after you have submitted your order)
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 Benko Underwear under condition of deliverability and correct price quotation.
We reserve the right to refuse or cancel an order if the order was generated by automated programs, third-party services, a machine, a crawler, a spider or other automated web programs or scripted behaviour systems or by using third party services used to place the order on your behalf.
We hereby reserve the right to exclude customers with conspicuously high (and unusual) product return behaviour from further purchases for a period of up to 12 months. This shall apply, in particular, to repeated, disproportionately high numbers of returns (or instances of return behaviour considered to be ‘abusive’) that do not correspond to normal buyer behaviour.
4. Errors, Inaccuracies and Omissions:
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
5. Payment:
Various payment options are offered, for example credit card or TWINT. The actual payment methods available at the specific time of ordering may vary and you will be informed of the specific payment methods offered before placing the order.
For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
Please note that we only accept payments from accounts in Switzerland and within the European Union (EU). Any costs of a money transaction are to be borne by you.
Payment must be made in Swiss Francs.
When paying by credit card or other instant payment methods, the amount is debited when the order is placed.
5.1 Promotional Vouchers:
Promotional vouchers that are issued as part of advertising campaigns or gift vouchers that are purchased can also be redeemed during the order process. The respective voucher conditions shall apply.
Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to a third party. Multiple promotional vouchers cannot be combined with each other unless we have agreed otherwise.
5.2 Gift Cards:
MIRAME Gift Cards are issued by Benko Underwear.
The Gift Cards are not e-money but non-regulated stored value. This means that the Gift Cards are not supervised by the competent supervisory authority, nor do the statutory protection for e-money apply. In particular, you do not have a right to request a redemption for cash. A refund or payout of the credit is excluded.
MIRAME Gift Cards can be redeemed at mirame-underwear.ch during the period of validity.
Any remaining amount on your MIRAME Gift Cards can be used for future purchases.
MIRAME Gift Cards can only be used prior to your order and not retroactively.
There is no minimum order value for orders placed using a gift card.
6. Delivery:
6.1 Availability and Delivery Times:
MIRAME is committed to provide 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. Therefore, all information on availability and delivery times is subject to change.
Products and services purchased from MIRAME can only be shipped to a customer and cannot be collected.
The products are exclusively delivered in Switzerland and Liechtenstein.
Your order will be delivered by Swiss Post with an Economy shipment (PostPac Economy) and you will receive a tracking number as soon as we ship your order.
The delivery address in Switzerland or Liechtenstein must be easily accessible by truck. If this is not the case, the customer must bear any additional costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, MIRAME may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
Products in stock: deliveries are normally made within three (3) to five (5) working days (Monday to Friday).
Orders placed on a Saturday, Sunday or other day recognized as a holiday by the Sunday and Holiday Rest Act (Zürich, Switzerland) are automatically postponed to the first following working day.
Once we transfer products to the carrier, title and risk of loss passes to you.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Fire, pandemic, accidents and the impossibility of being supplied are considered as cases of force majeure relieving the merchant of his obligation to deliver. MIRAME undertakes to keep the Customer informed of the above-mentioned cases of force majeure.
In any case, delivery can only be made if the Customer (the Buyer) has fulfilled his obligations to the merchant.
Shipping is free for orders over CHF 80.00
For orders under CHF 80.00, shipping costs of CHF 6.90 will be charged. You will be informed of the amount before placing the order.
6.2 Delivery Address:
Delivery is made to the delivery address indicated by the Customer at the time and as part of his Order. The information stated by the Customer, when taking the Order, commits him.
MIRAME thus declines all responsibility for defects or delays in delivery in the event of fault attributable to the Customer, in the event of unpredictable and insurmountable fact(s) of a third party to the Contract or in the event of force majeure.
In particular, the indication of an incomplete or incorrect address, or the lack of collection of his package within the deadlines provided for this purpose, is considered a fault attributable to the Customer. In such cases, the forwarding costs will be borne by the Customer.
Is considered a case of force majeure, an event that is both unforeseen, insurmountable, resulting from external conditions and independent of the will of a person (not. natural disasters, diseases or risks of epidemics).
6.3 Customer obligation to inspect products:
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform MIRAME of any defects, or false or incomplete deliveries, immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest.
The customer is aware that this information needs to be given via email to info@mirame-underwear.ch. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in ‘Refund policy’.
7. Customers Obligations and Liability
7.1 User Account
Customers are obliged to keep their customer account login data strictly confidential and shall take appropriate measures to protect their account from unauthorised access. In particular, this means choosing a secure password, using two-factor authentication and using up-to-date browser versions as well as anti-virus software/measures etc.
All actions, especially placing orders, which are processed via the customer’s customer account, are attributed to the customer. Customers are liable in particular for orders placed via their customer account.
7.2 Statutory Liability for defects
The statutory warranty for defects applies. MIRAME expressly reserves the right to provide the buyer with a defect-free replacement if defects in the purchased item are asserted and established.
7.3 Applicable Law and Jurisdiction
Substantive Swiss law shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the contracting party (contracts with consumers), this choice of law shall only apply insofar as the protection granted to such party (consumer) by mandatory provisions of the law of the country in which the consumer has his habitual residence are not overruled.
With regard to consumers, the place of jurisdiction shall be the consumer's place of residence in Switzerland or Liechtenstein.
The use of the offers available on www.mirame-underwear.ch is possible for persons who are at least 18 years old.
7.4 Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by MIRAME.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
8. Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read these Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
9. Contact Information
Questions about the Terms of Service should be sent to us at Info@mirame-underwear.ch