Brunschwig & Cie SA
Online purchases through: “outlet.bongenie-grieder.ch” online shop
General terms and conditions of sale

November 2022

1. SCOPE OF THESE GENERAL TERMS AND CONDITIONS

1.1 PURCHASES THROUGH “OUTLET.BONGENIE-GRIEDER.CH” ONLINE SHOP

These General Terms and Conditions of sale (hereinafter referred to as "GTC") apply exclusively to any sale by Brunschwig & Cie SA (hereinafter "Brunschwig") to customers (hereinafter the “Customer") on its “outlet.bongenie-grieder.ch” online shop (hereafter “BG Outlet”).

1.2 EXCLUSIONS

- IN-STORE PURCHASES:

Purchases at Brunschwig brick-and-mortar stores (hereafter “Brunschwig stores”) are governed by General Terms and conditions for in-store purchases stated on https://www.bongenie-grieder.ch/en/gtc-store.

- PURCHASES THROUGH “BONGENIE-GRIEDER.CH” ONLINE SHOP:

Online purchases through “bongenie-grieder.ch” are also governed by specific Terms and Conditions of sale, accessible under https://www.bongenie-grieder.ch/en/gtc-online-1.

2. ORDERS

2.1 PRODUCT QUALITY

The range of products sold on BG Outlet consists of articles created by well-known designers from the upper level and luxury markets. All goods received by Brunschwig come directly from their producers or authorized dealers so that they are unreservedly warranted as perfectly genuine.

2.2 AVAILABLE PRODUCT RANGE

- The range of products displayed on BG Outlet is part of Brunschwig’s stock common to all BG distribution channels (BG stores and online), so that their availability is continuously subject to lately occurred in-store and online purchases.

- As a result, and despite Brunschwig’s best efforts for keeping a close update of its online offer, some of these items may unfortunately have become unavailable while still being displayed for sales online.

- Products sold on BG Outlet are pictured on the website. Brunschwig may not be held responsible for some visual discrepancies between the real item and its photos as these do not alter the actual features of the article concerned.

2.3 PURCHASING OPERATIONS – CONDITIONS

Upon receipt of each upcoming order, Brunschwig sends to the Customer a notification of receipt for each upcoming online order. The purpose of this first reply from Brunschwig is merely to inform the sender that his/her order is being processed.
It does not yet mean that the requested sale has been concluded.

In particular:

- Brunschwig can carry out orders only in so far as the corresponding articles are available. Should this not be the case, Brunschwig will have no other choice but to cancel delivery in part or in full, for which it could not be held accountable in any way.

- All products displayed on BG Outlet are meant for retail sale.
Brunschwig is entitled to limit the deliverable quantity per article and per Customer or to waive a sale under such circumstances as it may deem appropriate, particularly should the purchase seem intended for resale purposes.

- In any case, Brunschwig remains free to waive or postpone its acceptance of any order at its own convenience without having to state any cause.

- Completing an order via BG Outlet requires that the Customer provide various personal data. These are strictly subject to data protection measures as described under point 8. PROTECTION OF PERSONAL DATA – Brunschwig reserves the right to take civil and criminal action should any false data have been used on Brunschwig’s websites.

Delivery can only occur within Switzerland or Liechtenstein.

3. PRICE AND PAYMENT

3.1 PRICE

- Prices for all available items are indicated in Swiss Francs (CHF) and include all related taxes (VAT).

- Brunschwig reserves the right to modify prices at any time.

- As a rule, articles are sold simultaneously for the same price at all BG points of sale (i.e., BG stores and online). However, promotional actions may occur distinctively on one only of our various sales channels, i.e., either solely on one of our online shops – BG Shop Online or BG Outlet – (excluding the other online shop and BG stores), or solely at BG stores (excluding both of our online shops).

- In such cases, the price applicable to the purchase shall be the one in use on that day via the chosen distribution channel, irrespective of any discrepancy with the price for the same item when purchased on that same day via another one of our distribution channels.

- Shipping costs for items purchased on “BG Outlet” are at the Customer’s expense. They may be offered to BG Club members depending on their status in the BG Club loyalty programme. (Full details of the various privileges according to personal status in the BG Club loyalty programme can be found at https://www.bg-club.ch/en/my-benefits-en)

3.2 PAYMENT METHODS

3.2.1 Online means of payment

The following means of payment are accepted for purchases on BG Outlet:

  • Debit or credit cards identified through BG electronic payment terminals (MasterCard, Visa, American Express, Postcard);
  • BG Club cards issued by Brunschwig, under the conditions of use mentioned under 3.2.2 below;
  • PayPal;
  • TWINT;
  • Payment upon invoice (Brunschwig reserves the right to refuse such means of payment without having to state any reason).
    The corresponding invoice is enclosed in the dispatched parcel containing the order. The full amount is due within 14 days from issue date.
    Payment upon invoice is limited to orders up to CHF 5'000 at the most. This mode of payment is subject to a previous satisfactory outcome of a credit check from Brunschwig, which the Client must have expressly authorised while opting for payment upon invoice.
    Such credit checks are operated electronically by our service providers (see point 8. PERSONAL DATA PROTECTION here below).

3.2.2 BG-Club cards: additional conditions

- Various "BG Club" cards issued by Brunschwig can serve without charge as a means of payment or for obtaining benefits: BG Club credit card, BG Club gift card and BG Club voucher.

- General terms and conditions for the use of these "BG Club" cards are to be found at BG stores and on the FAQ page of our website : https://outlet.bongenie-grieder.ch/en/faq-outlet-1.

i) BG Club credit card

The BG Club credit card may be used in-store as well as online.
A complete presentation of this card and the related general conditions of use are available under https://www.bg-club.ch/en/credit-card and https://www.bg-club.ch/en/cgu-carte-credit-online-en.

ii) BG Club gift card

The BG Club gift card presentation is to be found under https://www.bongenie-grieder.ch/en/bg-club-gift-card

A BG Club gift card can be purchased in-store or online for a minimum of CHF 50.- and a maximum of CHF 2'000.-. It cannot be purchased through promotional offers. It becomes null and void after full first use.
The BG Club gift card is valid for use during 2 years from issue date.
The BG Club gift card is available under either physical or digital form. A physical gift card will be sent directly to the address you mentioned when you placed your order. As to the digital version - should you have opted for it - it will be sent to you be e-mail for you to transfer yourself to your final recipient.)

BG Club gift cards can be used for payment on our sites by entering the card number in the "I have a gift card" input field.

BG Club gift cards can neither serve for payments on "BG Club" credit card accounts, nor for collecting “BG Club” points.

iii) BG Club voucher

The BG Club voucher presentation figures are under https://www.bg-club.ch/en/BgClub-program and under https://www.bg-club.ch/en/faq-en.
The voucher is to be used on our websites for payment: the available amount will be automatically displayed, indicating whether and for which amount it can serve for payment.
BG Club vouchers can neither serve for payments on "BG Club" credit card accounts, nor for collecting "BG Club" points.

3.3. SECURITY

All data communicated with a view to the processing of electronic payments are encrypted and secured in accordance with the instructions of our payment service providers, i.e., SIX Payment Services for credit or debit cards as well as TWINT, and PayPal Pte Ltd. for payments through PayPal.
For more detailed information, please refer to point 8. PROTECTION OF PERSONAL DATA hereafter.

4. DELIVERY & RECEIPT OF ORDERED ITEMS

4.1 DELIVERY

- Orders can be delivered within Switzerland or Liechtenstein exclusively.

- Any date of delivery mentioned by Brunschwig is a mere estimation. Under no circumstances can delays in delivery give rise to any claims for damages.

- During the end-of-year period (from November 23rd until December 31st) or during special operations (e.g. end-of-season sales), delivery could occasionally be delayed due to increased shipping traffic.

4.2 RECEIPT OF ORDERED ITEMS

- The Customer is to duly check the contents of the parcel upon receipt.

- To all intents of complaints, the original packaging of the delivered item must be kept along with all documents pertaining to the purchase - see 7.3 RETURN CONDITIONS below.

- Please contact Brunschwig's customer service immediately at the following address:

+41(0)58 330 30 00
support(at)bongenie-grieder.ch
https://outlet.bongenie-grieder.ch/en/contact-us

5. WARRANTY IN CASE OF DEFECTS

5.1 DEFECTS IN THE PURCHASED ITEM

- All articles sold by Brunschwig in its BG stores as well as on BG online shops are of the high quality to be expected from the brands concerned.

- Brunschwig also inspects their condition upon receipt from its various suppliers.

- However, should an item purchased from Brunschwig happen to be defective in the legal sense (i.e., a defect due to a manufacturing error, or to a transport or storage error), articles 197 ff. of the Swiss Code of Obligations shall apply.

5.2 PROCEDURE IN THE EVENT OF A DEFECT

Any notification of a defect as described under 4.1. hereinabove is subject to the following procedure:

- The Customer is expected by law to inspect the condition of the purchased item immediately after purchase and to notify such defects to Brunschwig without delay after discovery. Should he/she fail to do so, the purchased object would be deemed accepted.

- When returning to Brunschwig the defective item, the Customer must produce the corresponding sales voucher which was handed out at the time of purchase.

- Should a case of defect in the legal sense have occurred, it will be settled in compliance with the relevant legal provisions (i.e., either refund on purchase price or price reduction as the case may be). For any return of goods to Brunschwig in this connection, all provisions under point 7.3 CONDITIONS OF RETURN hereafter must be carefully observed.

- Should a defect come to light only subsequently, warranty claims are admissible up to two years after the purchase date – in which case the above-mentioned procedure is to be observed strictly (in particular: Brunschwig must be notified of the previously undetectable defect no later than as soon as it is discovered).

6. IN-STORE ALTERATION SERVICE

An alterations service is available to all our customers for items purchased at one of the Brunschwig Group brick-and-mortar stores (under the shop signs Bongenie Grieder, Hofstetter Sports) or online.

BG Club Members may be entitled to use such services without charge, depending gradually on their personal status within the BG Club loyalty program (see points 6.1. and 6.2. hereafter).

6.1 SIMPLE ALTERATIONS

For BG Club members and from the day of their registration as such, simple alterations as listed below are without charge on undiscounted articles.

Women’s simple alterations

  • Shortening of single trouser hems
  • Shortening of trouser hems with lapels
  • Shortening of trouser hems with lining
  • Shortening of trouser hems with slit
  • Shortening of wide trouser hems
  • Shortening of an original pair of jeans
  • Cutting of leather trouser hems
  • Shortening of leather trouser hems

Men’s simple alterations

  • Shortening of single trouser hems
  • Shortening of trouser hems with lapels
  • Shortening of trouser hems with lining
  • Shortening of trouser hems with lapels and lining
  • Shortening of an original pair of jeans
  • Cutting of leather trouser hems
  • Shortening of leather trouser hems

6.2 COMPLEX ALTERATIONS

All other types of alterations are considered as complex alterations. For BG Club members, complex alterations as well as alterations on discounted articles may be without charge according to their status under the BG Club loyalty program, as listed under www.bg-club.ch/en/my-benefits-en.

7. RETURNS OF ITEMS

7.1 PRINCIPLE

Returns of goods to Brunschwig are possible under the circumstances provided for by law (re. point 5. Hereinabove).
Apart from such cases, Brunschwig grants to its Customers a means to cancel their purchases at their mere convenience, under the provisions figuring under points 7.2. to 7.7. here below.

7.2 DISCOUNTED ITEMS

Return conditions figuring under points 7.3. to 7.7. hereafter also apply to items sold at discounted prices (at a BG store or online on “outlet.bongenie-grieder.ch”).

7.3 TERM

Returns of goods are only possible within 14 days from the corresponding date of invoice.

7.4 RETURN CONDITIONS

All returns (whether directly at a BG store or delivered by post) are subject to the following conditions which must all be strictly observed:

- Articles can be handed back directly at one of the BG stores or sent back by registered post.

- As a rule, returns by registered post and all related shipping risks are at the Customer’s costs
For BG Club members, shipping costs may be without charge according to their status under the BG Club loyalty program (see https://www.bg-club.ch/en/my-benefits-en).

- The invoice document must be produced/enclosed with the returned goods (except for BG Club Members whose latest purchase history is available to Brunschwig). The invoice is available from Customer’s on-line account "My orders". Failing the corresponding invoice, returns cannot be processed, and the returned articles shall be handed back or sent back by post at Customer’s expenses.

- Any return of articles by post must be registered on the website https://www.outlet.bongenie-grieder.ch from "My account", then "My orders", indicating the reason for return.

- Returned articles must be handed back at a BG store or sent back with their original packaging, which will have been kept in an adequate state (see article 4.2 RECEIPT OF ORDERED ITEMS). The original packaging may not be used as outer wrapping for shipping back the item. Bags and shoes should be returned in their boxes, complete with their cloth-bags if any – all of which duly wrapped in outer packaging if returned by post).

- All items returned to Brunschwig must be in brand new, unused, and undamaged condition, with all labels still attached in their original place. Lingerie or swimwear articles may only have been tried on over other pieces of clothing. Any existing hygiene protection which they may have come with must also have remained in place.

7.5 EXCEPTIONS TO RETURNS

- Perfumery and cosmetics items may not be returned.

- Articles which have been altered may not be returned.

- BG Club gift cards may not be returned, as they can only be used for purchasing and cannot be refunded.

- Refunds for purchases made with a BG Club gift card are dealt with under point 7.7 REFUND below.

7.6 BRUNSCHWIG’S FREE APPRECIATION

Brunschwig may refuse any returns of goods which at Brunschwig’s sole estimate would not be considered as complying with the above-mentioned return criteria.

7.7 EXCHANGE OR REFUND

- If in Brunschwig’s view the above-mentioned return conditions are met, returned items which had been bought online can be exchanged (at a BG store) or refunded - according to the Customer's request.

- Reimbursement occurs through the same channel as the means of payment originally selected by the Client when placing his/her order. Reimbursement of returns by post will occur within two (2) days at the latest from Brunschwig’s confirming the well-receipt of the returned article.

- Purchases made with a gift card shall be refunded by issuing a new gift card of equivalent value.

- Should only part of an order upon invoice be returned, the price of the returned item/s shall be deducted from the invoice, the balance of which shall remain due.

- As to items acquired at BG stores, please refer to the corresponding General Terms and Conditions (https://www.bongenie-grieder.ch/en/gtc-store).

8. PROTECTION OF PERSONAL DATA

8.1 OBSERVANCE OF ALL APPLICABLE LEGISLATION

Brunschwig strictly complies with the applicable Data Protection legislation as well as the Code of Conduct for distance selling from the Swiss Mail Order Association.

8.2 INTERNAL PROCEDURES

- Using for the first time various services available from Bongenie Grieder online, among which placing an order on “BG Outlet Online Shop”, requires that the Customer create his/her account (which he/she remains free to modify or delete at any time), failing which no order could be processed. This implies providing accurate personal information.

- Any handling of personal data registered on BG websites (address, listing of purchases) is subject to the strictest security measures.

- The Customer can at any time modify or delete his/her personal data figuring on the website under “My Account” and “My personal information”.

- Brunschwig has no access to the Customer’s bank information as any transaction is processed directly by our payment service providers using their own security measures – see under point 3.3 SECURITY hereinabove.

- BG Outlet is equipped with permanent cookies registering Customers transactions, the purpose of which is merely to ease their next visits or orders on BG sites and to adjust BG future suggestions to their needs. Such cookies can always be suspended or blocked by Customer using his/her own web browser security parameters.

- For such operations (i.e., adjustments of the BG Outlet Online Shop website to the needs of Customers, or strictly “in-house” market surveys), Brunschwig uses the “Google Analytics” application which secures totally anonymous processing of Customer information.

- Brunschwig does not communicate to third parties any data concerning Customers, with the only exception of its service providers in charge of assisting in the execution of online sales or in statistical analysis. The information thus forwarded is restricted to the only data necessary for the performance of the particular service entrusted by Brunschwig in each instance, i.e., handling payment orders, shipping, investigating credit or performing statistical analysis. These service providers are themselves subject to the legislation on the protection of personal data.

9. OWNERSHIP RIGHTS

The purchased items remain the property of Brunschwig until payment of the total amount. Failure to pay entails the rights of Brunschwig to have the unpaid goods returned in their original state, and/or to claim for damages.

10. AMENDMENTS TO THE GTC

Brunschwig reserves the right to modify at any time these general terms and conditions of sale. Each newly amended version comes into effect at the date stated in this article :

Current version: November 2022

11. GTC ORIGINAL VERSION

The French text of these GTC (available under https://www.bongenie-grieder.ch/fr/cgv-online-2) prevail as the original version and shall supersede the English and German versions in case of any discrepancy or controversial interpretation.

12. APPLICABLE LAW

These General Terms and Conditions of sale as well as any procedure or transactions in connection with their implementation are governed by Swiss law exclusively.

Brunschwig & Cie SA - Bongenie Grieder

For any questions or notifications, please contact the following:

E-mail-address: support(at)bongenie-grieder.ch
Phone number: +41(0)58 330 30 00

BG Outlet:
Brunschwig & Cie SA
3-5, Chemin de la Marbrerie
CH-1227 Carouge GE