1. Introduction

The following transactions are governed by these General Terms and Conditions of Sale (the “Terms and Conditions”): all orders for products (the “Products”) placed by a private individual, hereinafter referred to as “you” or the “customer”, with Magstein Sàrl, hereinafter referred to as “Late Again”, “we” or “our”, a limited liability company duly registered with the commercial register and having its registered office at Avenue Léopold-Robert 108, 2300 La Chaux-de-Fonds, Switzerland, via the internet.

You may contact Magstein Sàrl by email at hello@late-again.ch or by telephone at +41 (0)32 914 38 45.

You may download these General Terms and Conditions of Sale in PDF format by clicking here.

Before using the Late Again website (www.late-again.ch) and its related pages (the “Website”) and/or placing an order, we invite you to carefully read all provisions of these General Terms and Conditions of Sale, as well as the Privacy Policy, the Website Terms of Use, and any other provisions that may appear on the Website in connection with specific promotions or campaigns.

Each order placed with Late Again via the Website is governed by these General Terms and Conditions of Sale. Unless otherwise stated herein, these Terms and Conditions apply to the exclusion of all other terms.

Our General Terms and Conditions of Sale may be amended upon publication of a new version on the Website at a later date. We invite you to review them regularly in order to stay informed of any changes. The General Terms and Conditions of Sale applicable are those in force at the time you place your order, unless a modification is required by law or a governmental authority (in which case such modification shall also apply to orders previously placed by you).

Orders placed on the Website may be delivered within Switzerland, to a Member State of the European Union, or to any other country where our carriers are able to deliver. We regret that delivery outside these areas is not possible.

2. Orders

2.1 Registration

Products offered for sale on the Website are exclusively reserved for adults who have full legal capacity. Persons under the age of 18, or whose legal capacity is limited by an adult protection measure or any other applicable rule in their country of residence, are only authorized to purchase Products with the consent and under the supervision of a parent or legal representative.

2.2 Order process

Orders may be placed online via the Website.

To place an order, simply click on the “Add to cart” button. After making a reservation on the Website, you will access the order confirmation page, where you may review your order, select the delivery method (where several options are available), and verify the total amount. You may also choose to collect your order in person at our premises in La Chaux-de-Fonds.

After accepting these General Terms and Conditions of Sale, you will be invited to enter your payment details in order to finalize your order.

The order shall be deemed final and binding, in particular with respect to the stated price, once you click on the “Order” button.

To the extent permitted by law, Late Again reserves the right to refuse, remove, or cancel any order at any time for any legitimate reason. For example, we may refuse an order if a Product is partially or fully unavailable after the order has been confirmed. In such case, you will be informed of the partial delivery or cancellation of your order. If you have already paid for all or part of the Products, we will refund the full amount paid for the affected Products, including delivery costs, as soon as possible.

Late Again may also refuse an order in the event of a dispute relating to the payment of previous orders, or in the case of abnormal orders or orders for which Late Again suspects a lack of good faith.

2.3 Prices

The prices of the Products are stated in Swiss francs (CHF) on the Website at the time the order is placed, inclusive of any applicable taxes, but excluding any customs duties or foreign taxes that may apply.

Delivery costs are charged at the rates indicated on the Website at the time the order is placed and are calculated based on the selected delivery method. Applicable delivery costs are communicated during the payment process and prior to order confirmation.

Late Again reserves the right to modify Product prices at any time. Price changes shall not apply to orders that have already been confirmed.

2.4 Payment

Payment must be made using the payment method selected during the checkout process. Payments may be made by credit card, PayPal, Twint, bank transfer, or through financing provided by our partner creditum Sàrl, in the currency you have selected.

If you wish to finance your purchase through a loan, you may apply for financing with our partner creditum Sàrl. You must submit an application to this partner, subject to acceptance, and enter into a separate agreement with them. Financing agreements are governed exclusively by the contractual terms of creditum Sàrl. Late Again is not a party to such agreements and disclaims any responsibility in connection with loans or credit granted by creditum Sàrl. Financing is subject to conditions determined by creditum Sàrl, including but not limited to residence, creditworthiness, and other factors.

Until full payment of the purchase price has been received, your order will be placed on hold. No order shall be shipped until payment has been received in full. Late Again reserves the right to refuse any new order until all outstanding amounts have been settled.

3. Delivery

3.1 Delivery

All orders confirmed by Late Again shall be delivered to the delivery address specified at the time of ordering or made available for collection at our premises in La Chaux-de-Fonds.

Late Again and/or companies authorized by Late Again may contact you by SMS, telephone, and/or email to provide information regarding your order and its delivery.

Late Again makes every effort to dispatch ordered Products within two (2) business days following order confirmation and receipt of full payment. In the case of in-store collection, we will make every effort to make the Product(s) available within two (2) days following full payment. You will receive an email confirmation once the Products are available for collection.

Late Again strives to maintain sufficient stock levels to ensure timely delivery. However, as many Products are unique items, stock shortages may occur. In such cases, you agree that Late Again may make partial deliveries, postpone delivery, or cancel the order without being deemed in default.

3.2 Non-payment and transfer of risk

Late Again retains ownership of the Products until full payment of the purchase price and related costs has been received.

The risk of loss or damage to the Products shall transfer to you, within the limits of mandatory applicable law, at the time the Products are handed over to the carrier selected at the time of ordering.

In the case of collection at our premises, the risk transfers at the time the Products are collected.

3.3 Product inspection

Upon delivery or collection, you are required to verify that the Products received correspond to those listed in the order confirmation.

If you notice any damage or missing items, you must notify the carrier, file a claim, and contact our customer service no later than two (2) days after delivery. In the absence of such notification within the above time limit, by email to hello@late-again.ch, the Products shall be deemed to have been received in good condition, free from defects or damage, and accepted as is, subject to latent defects.

If a latent defect is discovered subsequently, you must notify Late Again immediately upon discovery, but no later than two (2) days thereafter, by email to hello@late-again.ch.

4. RETURNS AND WARRANTY

4.1 Right of withdrawal

4.1.1 Scope and conditions

No right of withdrawal applies under any circumstances, whether you are domiciled in Switzerland, the European Union, or any other country.

Swiss law does not provide for any withdrawal period or right of return for e-commerce transactions once an order has been placed.

4.2 Warranty for defects

Provided that you comply with the obligations set out in Article 3.3, all Products sold by Late Again are covered by a two (2)-year warranty, unless the mandatory law of your country of residence provides for a longer minimum warranty period. The warranty takes effect from the date of delivery and is evidenced by the invoice accompanying the Product.

Any warranty provided by Late Again is excluded where a warranty is offered by a third party, such as the manufacturer or an authorized repairer who has previously repaired or serviced the Product.

For clarity, the warranty does not cover defects resulting from accidents, improper handling, misuse, use contrary to Late Again’s or the manufacturer’s instructions, negligence, improper storage, unauthorized modification or repair, or normal wear and tear. The defects relied upon must have existed at the time of delivery, even if discovered later.

To assert warranty rights, you must return the defective Product to us at your own expense. Where mandatory law so provides, we will reimburse shipping costs.

In the event of a valid warranty claim, Late Again may, at its sole discretion, repair the Product and/or defective parts through an authorized workshop, replace the Product with an equivalent Product, refund the purchase price and retain the Product, or return the Product and refund part of the price in proportion to the loss of value due to the defect.

To the extent permitted by law, the warranty provided under this Article 4.2 is exclusive and replaces all other warranties or rights relating to the Products.

5. Liability

Product photographs and descriptions on the Website are non-contractual and provided for information purposes only. Late Again shall not be held liable for errors or omissions in illustrations or descriptions displayed on the Website.

Without limiting the scope of these Terms and Conditions and to the extent permitted by mandatory law, you expressly acknowledge and agree that we shall not be liable for any direct or indirect, incidental or consequential damages of any kind (even if such damage was known or should have been known by Late Again), including but not limited to loss of profit, loss of use, loss of data, or other intangible losses arising from (i) the use or inability to use the Products, (ii) information provided on the Website, or (iii) any other cause relating to the Products. In any event, any claim shall be limited to the purchase price of the Product(s) concerned.

We expressly disclaim any liability for loss or damage resulting from failure to comply with these Terms and Conditions. Products are supplied exclusively for personal and private use. You agree not to use the Products for commercial or professional purposes or for resale. We accept no liability for loss of profit, business interruption, or loss of business opportunities.

Nothing in these Terms and Conditions excludes or limits liability for fraud or gross negligence.

6. Force majeure

Late Again shall make every effort to fulfill its obligations. However, Late Again shall not be liable for delays or failure to deliver resulting from circumstances beyond its reasonable control (“force majeure”), including but not limited to strikes, labor disputes, riots, insurrections, wars, natural disasters, or any other event rendering production, transport, or delivery impossible or impracticable.

In the event of a force majeure delay, Late Again’s obligations shall be suspended for the duration of the event, and performance deadlines shall be extended accordingly. Late Again shall resume performance as soon as reasonably possible. If delivery becomes permanently impossible due to force majeure, the order shall be cancelled and all amounts paid, including delivery costs, shall be refunded as soon as possible.

7. Miscellaneous

These General Terms and Conditions of Sale constitute the entire agreement between you and Late Again concerning the purchase of Products via the Website. Other provisions governing our relationship, including Website Terms of Use and the Privacy Policy, supplement these Terms and Conditions. In the event of any inconsistency, these Terms and Conditions shall prevail.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the parties agree that their original intent shall be implemented to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

You may not assign or transfer any of your rights or obligations under these Terms and Conditions. We may assign or transfer any rights or obligations, or subcontract the performance of any obligations, to any third party at any time without your prior consent.

Any tolerance or waiver by Late Again in the application of any provision shall not constitute a waiver of the right to enforce such provision.

You agree that all communications and transmissions of information, including downloading these Terms and Conditions and order confirmations, may be made validly in electronic form (PDF or email).

Article headings are for convenience only and do not affect interpretation.

8. Governing law and jurisdiction

Subject to any mandatory provisions of another applicable legal system, these General Terms and Conditions of Sale and any purchase of Products via the Website are governed by and construed in accordance with substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods and without regard to conflict-of-law rules.

Any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of La Chaux-de-Fonds, Switzerland, subject to any mandatory alternative jurisdiction.

Magstein Sàrl

Avenue Léopold-Robert 108, 2300 La Chaux-de-Fonds, Switzerland

Need help? Call: +41 (0)32 914 38 45

Calling hours : Monday to Friday, 9:00 am – 4:30 pm

Email : hello@late-again.ch