General Terms and Conditions (GTC)
Welcome to Jermis. In the following Terms and Conditions, you will find all the important information regarding orders, returns, payments, intellectual property, data protection, and more. These Terms and Conditions govern the contractual relationship between you as a customer and Jermis Clothing KLG, located in Thun, Switzerland.
Please read the terms and conditions carefully before placing an order. By placing an order, you agree to these terms and conditions.
As of June 9, 2025
1.1 These General Terms and Conditions (“GTC”) apply to all contracts for goods and services concluded by Jermis Clothing KLG (general partnership), Mattenstrasse 18E, 3600 Thun, Switzerland (hereinafter “Seller”), with its customers (hereinafter “Customers”) via the online shop at www.jermisclo.com and via other sales channels.
1.2 Any differing, conflicting or supplementary terms and conditions of the customer shall not become part of the contract – even if known to the seller – unless the seller has expressly confirmed their validity in writing (see Art. 1 OR).
1.3 All supplementary agreements, amendments, or modifications to these General Terms and Conditions require written confirmation from the seller. Oral assurances are only valid if confirmed in writing by a representative authorized to act on behalf of the seller (see Art. 18 of the Swiss Code of Obligations).
1.4 These General Terms and Conditions apply to contracts with consumers (within the meaning of Art. 239a et seq. of the Swiss Code of Obligations and the Consumer Protection Act, KSchG) as well as to contracts with entrepreneurs (within the meaning of Art. 2 para. 1 of the Commercial Register Ordinance), unless otherwise stipulated below.
1.5 Unless expressly agreed otherwise, these terms and conditions also apply to subsequent transactions, even if they are not expressly agreed again.
1.6 The place of performance for all services and the place of payment is – to the extent legally permissible – the seller's place of business in Thun, Switzerland.
1.7 All contracts between the seller and the customer are governed by Swiss law. Where international law is applicable, the United Nations Convention on Contracts for the International Sale of Goods (CISG; SR 0.221.1) and, for consumer contracts within the EU, Directive 2011/83/EU on consumer rights shall also apply.
1.8 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates its intended economic purpose (severability clause; cf. Art. 20 of the Swiss Code of Obligations).
2.1 Saleswoman
The contractual partner on the provider side is:
Jermis Clothing KLG
General partnership in accordance with Art. 552 ff. OR
Mattenstrasse 18E, 3600 Thun, Switzerland
Registered in the commercial register of the Canton of Bern under number CH-036.2.102.882-4
UID: CHE-447.218.442
Email: info@jermisclo.com
Telephone: +41 77 435 14 05
Website: www.jermisclo.com
Represented by the shareholders Mr. Jerome Gerber (email: jerome.gerber@jermisclo.com ) and, where applicable, other shareholders registered in the commercial register.
The company is liable without limitation with its company assets in accordance with Art. 568 of the Swiss Code of Obligations (OR). Furthermore, the partners are personally, jointly and severally liable for all liabilities of the company in accordance with Art. 570 para. 1 OR.
2.2 Customer base
The contracting party on the buyer's side can be:
a) A natural person who enters into a legal transaction for a purpose that is neither attributable to their commercial nor their independent professional activity (hereinafter referred to as "consumer" within the meaning of Art. 3 of the Federal Act against Unfair Competition [UWG] in conjunction with Art. 239a et seq. of the Swiss Code of Obligations); or
b) A natural or legal person who, when concluding the contract, is acting in the course of their commercial or independent professional activity (hereinafter referred to as "entrepreneur" within the meaning of Art. 2 para. 1 HRegV and Art. 957 para. 2 OR).
2.3 Contract language and communication
The language of this agreement is German. All communication relating to this contractual relationship shall be conducted exclusively in writing (by post or electronically via email) to the most recently notified address of the contracting parties. Legally relevant declarations must be in text form in accordance with Art. 13 et seq. of the Swiss Code of Obligations (OR), unless written form is mandatory under applicable law.
3.1 In these General Terms and Conditions (GTC), the following definitions apply unless expressly stated otherwise:
a) “Seller” refers to Jermis Clothing KLG, a general partnership based in 3600 Thun, Switzerland, registered in the commercial register of the Canton of Bern under number CH-036.2.102.882-4, UID CHE-447.218.442.
b) “Customer” means any natural or legal person who enters into a legal transaction with the seller, in particular by ordering products via the online shop at www.jermisclo.com or via other distribution channels.
c) “Consumer” means any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (cf. Art. 3 KSchG in conjunction with Art. 239a OR).
d) “Entrepreneur” means any natural or legal person or legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (see Art. 2 para. 1 HRegV).
e) ‘Products’ means all goods offered or distributed by the seller, in particular clothing and accessories, including limited editions and special collections, regardless of their name or design.
f) “Online Shop” means the seller’s sales platform operated under the domain www.jermisclo.com , including all subpages, configurators and technical functionalities for processing orders.
g) “Contract” means the legally binding purchase contract for products concluded on the basis of these General Terms and Conditions between the seller and the customer.
h) ‘Working day’ means any day except Saturdays, Sundays and public holidays at the seller’s place of business.
i) ‘Text form’ means any readable declaration which is submitted on a durable medium (e.g. email, PDF, digital form) but does not require a qualified electronic signature (cf. Art. 13 et seq. of the Swiss Code of Obligations).
4.1 The presentation of products in the online shop at www.jermisclo.com does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer (invitatio ad offerendum). The seller expressly reserves the right to make price changes, product modifications, and corrections of errors at any time without prior notice.
4.2 By fully completing the order form and submitting the order by clicking the "Buy now" button or an equivalent button, the customer makes a binding offer to conclude a purchase agreement for the products contained in the shopping cart (see Art. 3 ff. OR).
4.3 The customer will receive immediate confirmation of receipt of their order via an automatically generated email (order confirmation). This order confirmation does not yet constitute acceptance of the offer , but merely documents the receipt of the order.
4.4 A purchase agreement is only concluded upon express acceptance by the seller or upon delivery of the ordered goods (implied acceptance, cf. Art. 6 of the Swiss Code of Obligations). The seller is entitled to reject orders in whole or in part without stating reasons. In the event of a rejection, the customer will be informed immediately. Payments already made will be refunded promptly.
4.5 The contract language is German. The seller does not permanently store the contract text. The customer is obligated to independently save the order confirmation and any other contract documents.
4.6 Orders are only permitted in quantities typical for household use. The seller reserves the right to refuse or cancel orders, particularly in cases of suspected commercial resale or automated ordering processes.
5.1 All prices published in the seller's online shop are in Swiss francs (CHF) and, unless otherwise stated, include the legally required value added tax in accordance with the Federal Act on Value Added Tax (VAT Act; SR 641.20).
5.2 The seller provides currency-dependent price information in the online shop (e.g., in EUR, USD, or GBP) to offer international customers user-friendly guidance. This information is for informational purposes only and is not legally binding. Only the price in Swiss francs (CHF) at the time of ordering is legally binding .
5.3 Exchange rates are calculated automatically based on daily rates from external providers. Deviations in the actual charges levied by payment service providers or credit institutions (e.g., due to conversion surcharges or foreign currency fees) are beyond the seller's control.
5.4 The contract language is German. The online shop may be displayed in other languages for better understanding. In case of discrepancies or contradictions , only the German version of these Terms and Conditions is legally binding .
5.5 The remaining provisions regarding due date, payment methods, default and offsetting remain unchanged as defined above (sections 5.3 to 5.7).
6.1 Delivery will be made to the delivery address specified by the customer during the ordering process. The seller generally delivers worldwide, but reserves the right to exclude individual countries or regions for legal, logistical, or economic reasons.
6.2 Unless expressly stated as binding, the delivery times indicated in the online shop are non-binding guidelines . Longer delivery times may occur for pre-order items, limited episodes, or custom-made products. In such cases, the seller will inform the customer of the expected shipping date.
6.3 The risk of accidental loss or accidental damage to the goods passes to the customer upon handover to the transport company (see Art. 185 para. 2 of the Swiss Code of Obligations). This also applies to partial deliveries or deliveries to third parties.
6.4 If delivery is made to a country outside of Switzerland, additional customs duties, import taxes, or other charges may apply, which are to be borne by the customer. The seller has no influence over these costs and assumes no responsibility for their correct handling. The customer is responsible for complying with all applicable import regulations in the destination country.
6.5 Shipping costs are shown separately during the order process. The seller may offer free shipping for orders above a certain value; this is done entirely voluntarily and without legal entitlement.
6.6 Partial deliveries are permitted, provided they are reasonable for the customer. The customer will not incur any additional shipping costs as a result, unless expressly agreed otherwise.
6.7 If delivery is wholly or partially impossible for reasons beyond the seller's control (e.g., force majeure, delivery delays by suppliers, import bans), the seller is entitled to withdraw from the contract. The customer will be informed immediately and any payments already made will be fully refunded.
7.1 Until full payment of all claims arising from the purchase agreement, the delivered products remain the property of the seller (retention of title pursuant to Art. 715 of the Swiss Civil Code in conjunction with Art. 214 para. 3 of the Swiss Code of Obligations).
7.2 The seller is entitled, at its own expense, to register the retention of title in the relevant retention of title register at the customer's place of residence or business, provided that the legal requirements are met.
7.3 Until title to the goods has fully passed to the customer, the customer is not entitled to sell, pledge, assign as security, or otherwise dispose of the goods without the seller's prior written consent. In the event of third-party claims against the goods subject to retention of title, particularly in the case of seizure, the customer is obligated to immediately point out the seller's ownership and notify the seller in writing.
7.4 In the event of a breach of contract by the customer, in particular in the case of default of payment, the seller is entitled to withdraw from the contract and demand the return of the goods delivered under retention of title. The customer shall bear the resulting costs of return.
8.1 Return conditions
Returns are only accepted if the product is in perfect, unworn, and undamaged original condition . Returns must be complete, including:
-Original packaging
-undamaged hangtags, labels and tags
-all supplied components (e.g. bags, inserts, etc.)
Products that have been worn, washed, damaged, soiled, or otherwise altered are not eligible for return . The seller carefully inspects each return. In case of rejection, no refund will be issued. In this case, the customer may request that the rejected goods be reshipped at their own expense.
8.2 Excluded Products
The following are excluded from the right of return:
a) Custom-made or personalized items ,
b) Hygiene items such as underwear , if opened or tried on,
c) Products marked as "Sale", "Final Sale" or discounted and expressly excluded from the right of return (provided this was clearly evident at the time of purchase).
8.3 Return shipping costs
In the event of a cancellation or return without a product defect, the customer bears the return shipping costs , regardless of their country of residence. This applies to both Switzerland and EU countries.
The originally paid shipping costs (outbound shipping) will be:
-not refundable in Switzerland if the return is voluntary,
- in the EU only for the cheapest standard delivery, provided that a statutory right of withdrawal exists in accordance with Directive 2011/83/EU.
not refundable if the return is voluntary,
Refunds will only be issued for the cheapest standard delivery option, provided that a statutory right of withdrawal exists in accordance with Directive 2011/83/EU.
8.4 Abuse and Blocking
The seller reserves the right to systematically inspect returns. In cases of suspected misuse , such as regularly returning worn or damaged items, repeatedly returning incomplete items , or falsely claiming defects , the seller is entitled to permanently exclude customers from further purchases. Such exclusion will be communicated in writing and is effective immediately upon delivery.
8.5 Returns in case of defects
If a return is made due to a defect attributable to the seller , the seller will subsequently cover the reasonable return shipping costs. This is conditional upon the submission of suitable proof of payment and timely notification of the defect in accordance with clause 9.
9.1 The seller is liable for material defects in accordance with the provisions of the Swiss Code of Obligations (Art. 197 et seq. CO). A material defect exists in particular if the delivered goods do not possess the warranted characteristics or are not suitable for the contractually agreed use.
9.2 The customer is obligated to inspect the goods immediately upon receipt and to report any defects in writing no later than 7 calendar days after delivery (Art. 201 Swiss Code of Obligations). If the notification of defects is not made within this timeframe, the goods are deemed accepted. Hidden defects must be reported within 7 days of their discovery.
9.3 The notice of defects must be submitted with a precise description of the defect and accompanied by photographic evidence, and must be addressed to:
Jermis Clothing KLG
Mattenstrasse 18E
3600 Thun
Email: info@jermisclo.com
9.4 In the event of a justified defect reported in due time, the customer is entitled to the statutory warranty rights: repair, replacement, price reduction, or rescission of the contract (Art. 205 Swiss Code of Obligations). The seller reserves the right to prioritize either repair or replacement .
9.5 Returns of defective goods are only permitted with the prior authorization of the seller. The seller will only cover return shipping costs if the defect actually exists and the return is made in the manner specified. Unauthorized returns will not be accepted and will be returned to the customer.
9.6 The warranty period is two years from delivery of the goods (Art. 210 OR), unless a different period has been expressly agreed or the goods are perishable or subject to rapid wear and tear.
9.7 The following are excluded from the warranty:
a) Damage resulting from improper use, care errors, improper washing, alteration or repair by third parties,
b) normal signs of wear and tear,
c) Wear parts such as prints, labels or decorative seams under excessive stress.
10.1 The seller is liable – regardless of the legal basis – only for damages caused by intentional or grossly negligent conduct . For slight negligence, the seller is liable only in the event of a breach of a material contractual obligation (cardinal obligation). In this case, however, liability is limited to foreseeable damages typical for this type of contract.
10.2 Any further liability of the seller for damages is excluded – regardless of the legal nature of the claim asserted . This applies in particular to:
a) indirect and consequential damages , in particular lost profits,
b) Damages resulting from shipping delays or impossibility of delivery ,
c) Losses or damages during return shipping without proof of proper packaging and shipping method.
10.3 The foregoing limitation of liability does not apply to claims:
a) due to injury to life, body or health,
b) due to mandatory legal provisions, in particular in product liability law (PrHG),
c) in the case of fraudulent concealment of a defect or assumption of a guarantee.
10.4 To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of its shareholders, representatives, agents or other employees.
11.1 The seller is liable for damages caused by defective products in accordance with the provisions of the Swiss Product Liability Act (PrHG; SR 221.112.944). A product is considered defective if it does not provide the safety that can reasonably be expected, taking all circumstances into account, in particular with regard to its presentation, its intended use, and the time at which it was placed on the market (Art. 4 PrHG).
11.2 Liability for personal injury and property damage to privately used items caused by defective products is limited to CHF 1,000,000 per claim, unless mandatory legal provisions stipulate greater liability (Art. 9 PrHG). Any product liability for damage to commercially used goods is excluded to the extent permitted by law.
11.3 The seller is not liable for damages resulting from improper use, failure to follow care instructions, modification of the product, or use contrary to its intended purpose . Liability is also excluded for the use of products under unusual physical conditions (e.g., extreme stress, commercial use of everyday clothing).
11.4 In the event of a product defect, the seller undertakes to fully cooperate with the relevant authorities in the investigation, withdrawal, or recall . Customers are obligated to react immediately upon the seller's instructions in the case of safety-related defects and to return affected products or cease using them.
11.5 In the event of recognizable safety defects or product-related risks of injury, the customer is obliged to notify the seller immediately in writing in order to enable a joint risk-minimizing solution (e.g. refund, exchange, recall).
12.1 The seller shall not be liable for the wholly or partially non-performance, delayed performance, or defective performance of its contractual obligations, provided that this is attributable to events beyond its reasonable control. Events of force majeure include, but are not limited to:
-Natural disasters (e.g. earthquakes, floods, storms)
-War, acts of terrorism, uprisings or civil war-like unrest
-Pandemics, epidemics, quarantine orders
-Labor disputes (e.g. strikes, lockouts)
-government or official regulations (e.g. export/import bans, embargoes)
-Failure of communication networks or power supply
-Cyberattacks on the infrastructure of the seller or her service providers
-Delivery delays or production failures at upstream suppliers through no fault of our own
12.2 In cases of force majeure, the contractual obligations of the affected party are suspended for the duration of the disruption plus a reasonable start-up period. Delivery deadlines are automatically extended accordingly.
12.3 Should a force majeure event last longer than 30 calendar days, either party is entitled to withdraw from the contract. In this case, any payments already made will be refunded, provided no partial deliveries have been made. Claims for damages due to non-performance or delayed delivery are excluded in such cases.
12.4 The party affected by the disruption shall immediately inform the other contracting party in writing of the occurrence, nature and expected duration of the force majeure event.
13.1 Further information on the handling of personal data and on applicable data protection rights can be found in the seller's separate data protection declaration at
14.1 All content published or made available in connection with the Jermis brand – including, but not limited to, texts, images, graphics, logos, photographs, product designs, technical sketches, videos, web designs and visual and conceptual presentations – is protected by copyright or trademark law and is the property of Jermis Clothing KLG or its licensors.
14.2 The trademark “Jermis”, including all variants, logos, lettering and other distinguishing marks, is a registered or pending trademark in Switzerland. Unauthorized use, reproduction or imitation is prohibited and may be subject to civil and criminal prosecution (see Art. 13 et seq. of the Trademark Protection Act [MSchG, SR 232.11] and Art. 61 et seq. of the Copyright Act [URG, SR 231.1]).
14.3 The design of individual products, especially limited editions (“episodes”), is protected by copyright or design rights. Any imitation, modification, reproduction, or commercial use without the express written consent of the seller is prohibited.
14.4 The purchase of a product grants the customer ownership solely of the physical goods , but not of the associated intellectual property rights. In particular, any commercial use , such as resale under one's own name, rebranding, use in third-party advertising campaigns, or use on digital platforms (e.g., influencer merchandising), is prohibited without written authorization.
14.5 The seller expressly reserves the right to take legal action and claim damages in the event of infringement of its intellectual property rights. Violations will be prosecuted under civil and criminal law and may result in the immediate suspension of the customer's account in the online shop.
15.1 If the seller provides digital content (e.g. images, texts, lookbooks, audiovisual media, social media elements or design files), the customer receives only a simple, non-transferable, non-sublicensable and non-exclusive right of use , which is intended solely for private use.
15.2 Publication, distribution, reproduction, editing or commercial use of such content, whether online or offline, is prohibited without the express written permission of the seller.
15.3 The right of use is valid indefinitely , unless a limited-term or purpose-specific license has been agreed upon in a specific case. Upon termination of the user agreement, in particular due to breach of contract, revocation, or misuse, the granted right of use expires with immediate effect.
15.4 The customer agrees not to use any of the seller's content – in particular trademark elements, images, and text – for misleading, discriminatory, politically extremist, violence-glorifying, or otherwise legally or reputationally damaging purposes. Violations entitle the seller to immediately block the rights of use and to initiate legal proceedings.
15.5 If content is transmitted to the seller by the customer or released for publication (e.g., within the framework of community campaigns, customer photos, reviews, or social media tags), the customer grants the seller a free, non-exclusive, perpetual, and worldwide right of use for its own platforms (e.g., website, social media, newsletters, print campaigns). The seller is entitled to edit, shorten, or combine such content with other media, provided that the meaning is preserved.
16.1 By completing an order or by explicitly registering (e.g., via a registration form in the online shop), customers can voluntarily consent to receive email newsletters and promotional communications from the seller. This consent includes, in particular, information about new products, limited episodes, special offers, competitions, events, and brand-related content.
16.2 Consent is based on Article 3(1)(o) and Article 45c of the Telecommunications Act (FMG) and – for recipients residing in the EU – on Article 6(1)(a) of the GDPR in conjunction with Article 7 of the GDPR. Newsletter registration always uses a double opt-in procedure ; i.e., registration is only complete once it has been actively confirmed by clicking a confirmation link in an email.
16.3 Customers may withdraw their consent at any time without giving reasons, with effect for the future . Withdrawal can be made either via the unsubscribe link included in every newsletter or by email to info@jermisclo.com .
16.4 The seller may use technical service providers to conduct and analyze newsletter distribution. Email addresses will only be shared with third parties for this purpose and in compliance with data protection regulations.
16.5 As part of the newsletter distribution, the seller may anonymously analyze information about reading behavior (e.g., open rate, click behavior) in order to optimize the content. Personalized tracking methods are only used with the explicit consent of the customer.
17.1 Customers have the option of creating a personal customer account in the seller's online shop. The data collected in this process serves to simplify future ordering processes and to manage orders, addresses, and payment information.
17.2 Upon registration, customers are obligated to provide truthful, complete, and up-to-date information . Any changes to the stored data must be updated immediately in the customer account.
17.3 The login details for the customer account (in particular username and password) must be treated as strictly confidential and must not be disclosed to third parties . The customer bears sole responsibility for all activities carried out using their login details.
17.4 In case of suspected misuse, unauthorized access, or loss of login credentials, the seller must be informed immediately in writing. The seller reserves the right to temporarily or permanently block access to the customer account in case of security concerns or violation of these Terms and Conditions.
17.5 The seller is entitled to delete or deactivate customer accounts if they have been inactive for more than 24 months or if there are objective indications of unlawful conduct, misuse or false information.
17.6 Customers can delete their customer account themselves at any time or request its deletion in writing. Deletion will be carried out in compliance with statutory retention obligations (e.g., according to the Swiss Code of Obligations and the VAT Act).
18.1 The seller may issue discount codes, gift vouchers, or other benefits as part of sales promotions, partnerships, or customer loyalty programs. These benefits are limited in time, scope, or person and are subject to the conditions defined at the time of issuance.
18.2 Discount codes are valid for one-time use only and cannot be combined with other offers, unless explicitly stated otherwise. Cash payment or retroactive crediting is excluded. Discount codes are non-transferable and automatically expire after the stated validity period.
18.3 Gift vouchers purchased for a fee represent a credit balance that can only be used to purchase products in the seller's online shop. They are valid for up to five years from the date of issue (Art. 127 OR) and cannot be redeemed for cash. Any remaining balance will be retained until the expiry date.
18.4 If a voucher or discount code is used in connection with a purchase that is subsequently cancelled or returned, there is no entitlement to reactivation of the code or a refund of the discount amount . If an order is cancelled in whole or in part, the originally applied discount will be credited proportionally to the returned items.
18.5 The seller reserves the right to terminate or modify individual discount promotions at any time , particularly in cases of misuse, manipulation, technical errors, or incorrect publication. In cases of suspected anti-competitive or fraudulent use , redemption may be refused and customers may be excluded from the discount program.
18.6 Loyalty programs or rewards, if introduced, are subject to separate terms and conditions of participation, which can be viewed and accessed on the seller's website. There is no legal entitlement to participate in or continue such a program.
19.1 The seller provides customer service for all inquiries related to orders, products, returns, warranty issues, and general concerns. Contact can be made via the following channels:
support@jermisclo.com
Website: https://jermisclo.com/pages/support
19.2 Inquiries are processed during official business hours. The seller endeavors to respond within 2 to 5 business days , but does not guarantee specific response times, particularly during periods of high inquiry volume, holidays, or exceptional circumstances.
19.3 Inquiries regarding existing orders or returns can only be processed if they include relevant information (e.g., order number, customer name, proof of return). Incomplete inquiries may be rejected without further notice.
19.4 Customer service is provided voluntarily. There is no entitlement to telephone or written advice beyond the statutory framework , in particular not to style advice, individual product recommendations or business development for third parties.
19.5 Inappropriate, abusive, or repeated unfounded attempts to contact us may result in the permanent suspension of the customer account or the cessation of support communication. The seller reserves the right to take legal action in cases of repeated abuse.
20.1 All contractual claims of the customer against the seller – regardless of the legal basis – are subject to the statutory limitation periods in accordance with the Swiss Code of Obligations, unless otherwise stipulated in these General Terms and Conditions.
20.2 Warranty claims due to material defects expire two years after delivery of the goods to the customer, in accordance with Art. 210 of the Swiss Code of Obligations. This period also applies to consequential damages, unless special statutory provisions (e.g., product liability) apply.
20.3 Claims for damages arising from breach of contract or non-contractual liability (e.g., due to delay, impossibility, breach of duty, or tort) are generally subject to a ten-year limitation period under Art. 127 of the Swiss Code of Obligations (OR), unless a shorter period applies. For damages arising from tort, a relative limitation period of one year from the date the damage and the identity of the liable party become known (Art. 60 OR), and an absolute limitation period of ten years from the date the damage occurred, applies.
20.4 Vouchers are subject to the general limitation period of five years after issuance (Art. 128 para. 3 OR), unless otherwise stated on the voucher itself.
20.5 Statutory limitation periods (e.g. under the Product Liability Act or the GDPR) remain unaffected by the above provisions.
21.1 The seller strives to resolve any disputes with customers amicably and out of court . Customers are encouraged to contact the seller's customer service department first (see section 19) in case of disagreements before taking legal action.
21.2 Consumers residing in an EU Member State have the option of resolving disputes relating to online orders via the European Commission's Online Dispute Resolution (ODR) platform :
https://ec.europa.eu/consumers/odr
The seller's email address for participation in this process is: info@jermisclo.com
21.3 The seller is neither obliged nor willing to participate in a formal conciliation procedure within the meaning of the Federal Act on out-of-court dispute resolution in the consumer sector, unless she expressly agrees to participate in a specific case.
21.4 Notwithstanding voluntary dispute resolution, each party is free to take legal action in the event of disputes. The place of jurisdiction is set out in clause 22 of these Terms and Conditions.
22.1 All contracts between the customer and Jermis Clothing KLG are governed exclusively by substantive Swiss law , excluding the UN Convention on Contracts for the International Sale of Goods (CISG; SR 0.221.211.1) and any international conflict of laws rules.
22.2 For customers domiciled or headquartered in Switzerland, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Thun, Canton of Bern, Switzerland (Art. 17 of the Swiss Code of Civil Procedure in conjunction with Art. 23 of the Swiss Code of Obligations).
22.3 With respect to consumers residing abroad, the mandatory consumer protection provisions of the respective country of residence shall only apply insofar as they do not conflict with Swiss law and cannot be excluded by contractual agreement (Art. 114 PILA).
22.4 For business customers domiciled outside of Switzerland, the exclusive place of jurisdiction is also Thun , unless mandatory provisions of the Swiss Private International Law Act (IPRG) or other international agreements stipulate otherwise.
22.5 The contract language is German. For all legal relationships, only the German version of these General Terms and Conditions shall apply. Translations are for informational purposes only.
23.1 Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective, invalid or unenforceable , the validity of the remaining provisions shall remain unaffected.
23.2 The invalid, ineffective or unenforceable provision shall be deemed replaced by a legally permissible provision that most closely approximates the economic purpose of the original provision.
23.3 The same applies if these Terms and Conditions should be incomplete . In this case, a provision shall be deemed agreed upon which corresponds to what would have been agreed upon according to the meaning and purpose of these Terms and Conditions if the gap had been recognized.
24.1 The seller reserves the right to amend these General Terms and Conditions at any time and without giving reasons , in particular in the event of legal, technical or business developments. The version valid at the time of conclusion of the contract shall apply.
24.2 Changes will be communicated to customers in a timely manner and in a suitable form , in particular by publication on the website www.jermisclo.com and – if a customer account exists – by notification during the login process or by email.
24.3 For existing contractual relationships, changes to the General Terms and Conditions shall only apply if:
a) the customer has expressly agreed; or
b) the seller informs the customer of the changes and the customer does not object in writing within 30 days. In this case, the new terms and conditions are deemed accepted.
24.4 If the customer rejects the validity of the amended terms and conditions, the seller may terminate the contractual relationship with 14 days' notice.