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Terms and conditions

EBONYQ’s ("we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.ebonyq.com. We recommend you should keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about EBONYQ’s Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

1. Applicability

These general terms and conditions apply to all orders through www.ebonya.com ("the Website"). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.

2. Contracting Party

This Website, for the sale of goods via the Internet, is operated by Ebony.com by Acha (C/O Joy Acha
Bachserstrasse 25, 8612 Steinmaur Zürich Switzerland), which is legally represented by Joy Acha, its Managing Director. This is where you can place complaints or assert warranty claims.

You can reach our customer service on any issues at: info@ebonyq.com 

3. Formation of Contract

Your orders on the Website are binding offers for entering into the associated contracts to purchase with Ebony.com by Acha. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered.

You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.

 4. Availability

Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor.

There is no liability for lack of items in stock or for products not being available.  
Any commercial resale or distribution of Ebonyq.com products sold on the Website is strictly prohibited. 
Please note that after your order is confirmed, no requests to change or cancel it can be considered.

5. Reservation of Performance for Undeliverable Goods

If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.

6. Price and Additional Costs

The total price of your order, including all ancillary and shipping costs, was indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.

Ebony.com by Acha has its headquarters in Switzerland and we would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.

7. Payment conditions

The purchase price for goods ordered is due when you place your order through Ebony.com. Payment may be by credit card (by entering your card data on the Website). You may settle our claims for payment only by using uncontested or final and unappealable receivables.

If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver.

 8. Delivery and Reservation of Title

The goods ordered are normally delivered to the delivery address you provide by our contracted delivery service within 5-7 working days after the working day following your order.

Upon receipt the shipment must be checked for accuracy and completeness.

 9. Right to Cancel

As a consumer, you may cancel your order without indicating any reasons within 14 days after receipt of the goods, thereby withdrawing from the contract. The 14-day period starts on the day after you receive the goods. If you exercise this right in a timely fashion, you are no longer bound by your order.

You can get additional information and assistance in returning items that have been ordered and the return address for your country on our Website under “Returns”. The cancellation may be sent in writing or on another long-lasting storage medium to the address in clause 2 above or by sending the goods to the address listed on our Website under "Returns“. Timely sending is sufficient to meet the deadline. The products must be in original condition with their original packaging and the return voucher must be attached to the products.

If you cancel an order, you are under obligation to return the goods to the address listed on our Website under „Returns“. You shall bear the cost of shipment of returns unless the goods delivered were not the ones ordered. The return shipment must be made no later than 14 days after cancellation has been announced.

The costs will be reimbursed only if the goods are received unused and in original condition at the address indicated above. Please note that if you pay by gift card, the amount paid can be reimbursed only as a voucher. If partial payment is made by voucher, the voucher will first be recharged and then you will be credited. 
  
Vouchers can generally not be replaced or returned.

10. Warranty

If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or - if the goods are still deliverable - that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that.

11. Liability

Ebonyq.com by Acha is only liable to you for damage caused intentionally or by gross negligence.

This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb.

Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Ebonyq.com by Acha.

12. Severability Clause

If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.

13. Prohibition against Assignment

You may assign your rights under this contract to third parties only with the consent of Ebonyq.com by Acha.

14. Applicable Law

Contracts entered into under these General Terms and Conditions are subject to Swiss law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Zurich is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Ebonyq.com by Acha is also authorized to sue at the customer's location.

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