Terms and Conditions
Valid as of June 2016
1. SERVICE OFFERING AND QUALITY
Cosmobutler strives to provide you with products and services that enrich and improve your daily life. We are committed to expert, accurate, material-saving and environmentally conscious textile, carpet & rug, upholstery and shoe care. We work on advancing constantly and highly value your feedback.
These General Terms and Conditions (subsequently “Terms”) are valid for all products and services offered by Cosmobutler GmbH (hereafter “Cosmobutler”). The Terms may be changed anytime by Cosmobutler and are valid, starting on their publication date. In addition to these Terms and Conditions, the terms, conditions and regulations of the Swiss Code of Obligations (OR) apply.
3. FORMATION OF THE CONTRACT
All offers of Cosmobutler are non-binding. A contract between the customer and Cosmobutler forms solely through an order from the customer and the respective acceptance thereof by Cosmobutler. The customer order is placed online over the Cosmobutler website, by e-mail, or by phone. Orders by phone are possible only if the customer has saved its payment details on the Cosmobutler website through a prior order, or if the customer has selected the payment method “payment at the door”. After acceptance of the order by Cosmobutler, the customer receives a respective electronic, written or oral confirmation of the pick-up and/ or delivery date, or of the order execution date respectively. Cosmobutler may at its own discretion refuse orders without any explanation by not providing an order confirmation.
The customer registers once through www.cosmobutler.com. The registration is free of charge. The customer is responsible for registering the correct data for keeping it up-to-date. By placing an order, the customer confirms the correctness of the provided data. Written and/or electronic communication and deliveries by Cosmobutler to the customer count as successfully transmitted and delivered if the have been sent to the last (correspondence) address (email and postal address) provided by the customer. The customer agrees that the Post communicates its correct address to Cosmobutler if a mail transmission could not be delivered successfully to the address provided by the customer.
5. SERVICES OF COSMOBUTLER
All submitted clothing and textile items (submitted items and kg quantities), carpets and rugs, and/or shoe pairs, as well as all ordered cleaning orders at the customer’s premises are processed by Cosmobutler or a partner company as ordered or, with missing specifications, at best knowledge. For all items listed in the price list under “wash & fold” there is a minimum order quantity of 5 kg. If the customer submits less than 5 kg of items listed under “wash & fold” in the price list, 5 kg will be charged. There is a minimum order of 49 Chf.
For billing and processing, only the counted number of items, m2 area, and/ or kg quantities by Cosmobutler for laundry, shoe care, carpet cleaning or upholstery cleaning treatments, respectively at the discretion of Cosmobutler are decisive.
6. PICK UP AND DELIVERY
Pick-up and delivery is carried out by Cosmobutler’s own courier service or a partner company at the customer’s delivery address or a Drop-off Point, according to the instructions specified in the order. Cosmobutler picks-up and delivers at the customer’s apartment door (only if accessible).
Pick-up and delivery times
The available pick-up and delivery time slots are published on the Cosmobutler website and on the Cosmobutler App. Cosmobutler aims to the best of its possibilities to adhere to the published pick-up and delivery time slots. The published time slots are however solely an approximation. It is not possible to schedule an exact pick-up or delivery time. If Cosmobutler is unable to perform a pick-up or a delivery for a confirmed order, Cosmobutler will reschedule a new time slot with the customer and the customer is not entitled to claim compensation or to recede from the contract.
There are no pick-ups and deliveries on bank holidays. Customers with pick-ups or deliveries that fall on bank holidays will be notified in advance and will be asked to re-schedule to a working day.
Pick-up and delivery area and days
The available pick-up and delivery area and days are published on the Cosmobutler website. By selecting the postal code of the delivery address, the customer may verify if his/ her area is served.
Order processing time
Orders are processed on working days: Monday – Friday. The applicable processing time is governed by the pick-up and delivery days, which may be selected and are available on www.cosmobutler.com and on the Cosmobutler App.
Pick-up and delivery in the customer’s absence
If the customer is not at the delivery address provided in his/ her order, during the scheduled pick-up or delivery time slot and if no specific instructions were given, Cosmobutler will pick-up or drop-off laundry and textile items, carpets and rugs, and shoe pairs at the customer’s front door. Cosmobutler may also receive or drop-off the customer’s laundry and textile items, carpets and rugs, and shoe pairs from a neighbour, if specified in the order.
Once the customer’s laundry, carpets and rugs, other submitted items, and/ or shoes have been handed over to the customer or dropped-off at his/ her door, Drop-off Point, or specified delivery location/ person in the order, the benefits and risks, especially the risks of theft, damage or environmental factors are transferred to the customer.
7. INTERRUPTION AND TERMINATION OF (RECURRING) ORDERS
Orders and recurring orders may be interrupted (paused) or terminated any time on the website under “My Account”, in writing or by phone, at the latest until 21:00 on the day before the scheduled pick-up or delivery. The customer receives an electronic confirmation of the interruption or termination.
In the case of an interruption the pick-ups and deliveries are interrupted over the period specified by the customer. The customer is not billed for orders not delivered or fulfilled during this period.
For order cancellations received as outlined above by Cosmobutler, no orders are fulfilled. Without proper cancellation of the contract, the recurring orders remain standing and pick-ups and deliveries are scheduled automatically in the intervals selected by the customer in his order
8. PRICES AND PAYMENT DUTY
All prices are in Swiss Francs (CHF), including applicable value added tax (VAT), unless otherwise stated. The prices published on www.cosmobutler.com or provided in writing at the time of the order are binding.
The customer agrees to pay the full invoice amount, which consists of the order value, including applicable deposit fees, pick-up and delivery fees and applicable deductions for credits (i.e. from coupons or vouchers) as follows:
The order value ist he amount charged for orders fulfilled by Cosmobutler:
- Laundry and dry cleaning, invoiced as per the textile items and/or kg quantities, as counted/ weighed by Cosmobutler at pick-up
- Shoe care and repair, invoiced as per the shoe pairs as counted by Cosmobutler at pick-up, as well as performed treatment/ repairs
- Carpet and rug cleaning, invoiced as per the carpet/ rug type and area, as well as applicable additional treatments, as counted/ measured by Cosmobutler when cleaning/ fulfilling the order
- Upholstery cleaning, invoiced as per upholstery type and quantity, as counted by Cosmobutler when cleaning/ fulfilling the order
Deposit for transport materials
Cosmobutler provides customers exclusively with its own re-usable transport supplies (laundry box, laundry bag, garment cover, shirt folder, shoe bag). Cosmobutler provides new customers with one free transport item, required for the order, free of charge at pick-up. The supplies protect the laundry and shoes during transport.
The following cost will be charged to customers for reach additional transport supply item that is handed over to the customer.
- 1 laundry bag: 5 CHF deposit
- 1 laundry cover: 5 CHF deposit
- 1 shirt folder: 20 CHF deposit
- 1 laundry box: 20 CHF deposit
- 1 shoe bag: 20 CHF deposit
Pick-up and delivery fee
For simultaneous orders placed separately (confirmed in separate order confirmations) multiple pick-up and delivery fees may apply. The pick-up and delivery fee includes one (1) pick-up and one (1) delivery, and depends on the type of pick-up and delivery.
For pick-up and delivery to an address in the Cosmobutler delivery area: 5.99 CHF
- For pick-up and delivery to a Cosmobutler Drop-off Point: free of charge
9. IMPOSSIBLE PICK-UP OR DELIVERY (“No-show fee”)
If Cosmobutler cannot access the customer’s door for pick-up or delivery or cannot successfully execute the order according to the customer’s specifications, i.e. because the customer is not present to personally drop-off or receive laundry and/ or shoes, or because the address provided by the customer at registration is not correct, a fee of 9.99 CHF is charged per impossible pick-up and/ or delivery attempt.
An order counts as successfully fulfilled with the delivery attempt by Cosmobutler to the address provided by the customer when placing the order. Laundry and textile items, carpets and rugs, and/or shoes which cannot be delivered are taken back and kept until the customer schedules a new delivery. If the customer does not claim items within two months of the originally scheduled delivery date, Cosmobutler may dispose of them.
10. PAYMENT TERMS
The full amount is due for payment immediately after Cosmobutler has fulfilled the order. At this time the customer receives an invoice (electronically, by e-mail or in writing) with the amount due for payment.
The customer agrees and authorizes Cosmobutler to charge the customer’s credit card provided at registration immediately after order fulfillment, and before delivery of the order, with the full invoice amount. If the order amount was successfully charged to the customer’s credit card, Cosmobutler sends a payment confirmation to the customer (by e-mail or post), including the order invoice. If the credit card cannot be successfully charged, Cosmobutler sends the customer an invoice via e-mail with payment status “open”. The customer is then required to settle the open invoice upon delivery with the courier, or upon fulfillment of the order (i.e. for carpet cleaning or upholstery cleaning at the customer’s premises) via debit card or credit card. If the customer has selected the delivery option “Drop-off in my absence”, he/ she receives an invoice via e-mail with an attached orange payment slip, which is due for payment in full within ten (10) days of the invoice date. If the customer fails to make the full payment by day ten (10) after the invoicing date, he/she is late for payment, without additional payment notices by Cosmobutler. If this is the case, Cosmobutler reserves the right not to deliver the laundry and textile items, kg quantities, carpets and rugs, and/ or shoes until the payment has been settled in full. For each payment reminder an administrative fee of 5 Chf is charged.
Administrative fees for late payments
a) Reminder charges: CHF 30 respectively (50, 70 and 90 days after invoice date) b) Administrative charges (earliest from day 80 after invoice date at handover to debt-collection agency) depending on amount outstanding in CHF: 30 (up to 100); 60 (up to 200); 90 (up to 300); 120 (up to 400); 150 (up to 500); 180 (up to 1’000); 280 (up to 2’000); 380 (up to 4’000); 10% of outstanding amount (over 4’000).
The customer agrees, that In case of outstanding payment, Cosmobutler reserves the right to engage debt-collection agencies and to hand over claims to third parties.
11. ELECTRONIC COMMUNICATION
Cosmobutler employs state-of-the art technologies and techniques to ensure data reliability, but cannot guarantee working data transmission or website/ app availability at all times. The transmission of data is SSL encrypted, however Cosmobutler cannot be held liable for interruptions or flaws in data transmission, website/ app availability or other electronic or technical issues during the purchase transaction, especially for the reception and confirmation of orders.
Cosmobutler treats all textiles, clothing items, carpets and rugs, upholstery and shoes with the utmost care and state of the art processes, however a guarantee for success is excluded. Any liability of Cosmobutler GmbH is excluded, except in cases of gross negligence; Cosmobutler cannot be held liable for mild and moderate cases of neglicence, for indirect and collateral damages (such as missed revenues, lost orders, etc.) or for third parties, or auxiliary people. This means:
- Basis for any liability of Cosmobutler is the state of an item when processing it according to the recommended procedure on the textile, carpet and rug, upholstery and shoe care label. In the absence of a textile care, carpet and rug care, upholstery care, or shoe care label, Cosmobutler treats the item according to its expertise and the intended purpose of the article. Cosmobutler may not be held liable in the case of a missing textile care, carpet and rug care, upholstery care, or shoe care label.
- In spite of previous expert fabric inspection, we cannot accept any responsibility for damages caused by an unrecognizable property of the item or hidden defects, such as insufficient strength of the material or stitching, colour fastness and print, influences on the buttons, buckles, zippers, shoulder pads, applications, ornaments, ribbons, etc., or by a faulty textile or shoe care label. Liability for size changes or discoloration of fabrics and knitted fabrics within the tolerance range is excluded.
- The need for a special treatment must be obvious, particularly by sensitive observable characteristics or by staining, which require special treatment. Cosmobutler performs its treatment according to the care symbols and/ or the care instructions on the textile care, carpet and rug care, upholstery care, and shoe care label.
If it is impossible to execute an order, the item is returned in its respective state, or the order is not fulfilled respectively.
Quality complaints and any other concerns regarding an order must be sent in writing and inspected by Cosmobutler within 3 working days after the delivery date, or order fulfillment date, if the payment confirmation, as well as digital pictures of the item(s) in question are sent to email@example.com.
Complaints are carefully checked and answered or explained by Cosmobutler. Further action (proper treatment, transfer for consideration and settlement of the joint claims handling facility, etc.) is determined, if possible in consultation with the client.
Claims in the textile care sector cannot be insured in Switzerland. Any potential compensation for damage or loss of an item is calculated based on the time-value-table for the value-decrease in textiles (Zeitwerttabelle für die Wertabnahme von Textilpflegeartikeln) and is limited to a maximum of:
- For items listed under “Wash & Fold” in the price list: five times the cleaning price of the submitted kg-quantity, according to the currently valid Cosmobutler price list, regardless of brand, price or condition of the garment.
- For all other items: maximum 10 times the cleaning price of the item according to the currently valid Cosmobutler price list, regardless of brand, price or condition of the garment.
Items are considered lost twenty (20) days after the initial claim has been made.
Cosmobutler may not be held liable for any loose items such as money, jewellery, watches, or cufflinks submitted in a Cosmobutler transport material.
Services or products which have been ordered by the customer by mistake are not taken back or refunded.
Our Customer Service is glad to receive your feedback and to help with any questions about our products and services. We may be contacted at:
Cosmobutler Customer Service
T: +41 (0)43 960 94 66
14. LEGAL AND PRIVACY
The information on this website is presented solely for the purpose of informing about the services of Cosmobutler.
Cosmobutler has compiled the information presented herein from internal and external sources. Cosmobutler does not accept any liability for the completeness and correctness of the information presented herein.
Cosmobutler is not liable for personal injury and property damage arising from your failure to access this site, you not being able to access it, or your reliance on any information provided here.
By accessing this site, you agree that Cosmobutler is not liable for any direct or indirect losses resulting from the use of the herein contained information and materials shown.
Personal data of customers are levied only in accordance with legal regulations.
15. SEVERABILITY CLAUSE
If any provisions of these General Terms and Conditions shall prove to be unenforceable or invalid, the validity of the remaining provisions shall remain unaffected.
16. GOVERNING LAW AND JURISDICTION
All legal relationships between the customer and Cosmobutler GmbH and Cosmobutler Shoe Care GmbH are subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Viennese Law of Purchase).
The exclusive jurisdiction for any disputes between the customer and Cosmobutler GmbH and Cosmobutler Shoe Care GmbH (including on the applicability and validity of these Terms) shall be Zurich. Cosmobutler GmbH and Cosmobutler Shoe Care GmbH reserve the right to prosecute customers in the competent court of their domicile or head office or another competent tribunal.