Terms & Conditions
RUSH and CO Terms & Conditions
- INTRODUCTION
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter “the Terms”). These terms set out the rights and obligations of all users (hereinafter “us” / “our” / “we” / “the Vendor”) in relation to the goods/services offered by us through this website or any other websites to which we may link (hereinafter known as the “Rush Services”). Before You click on the “Authorize payment” button to place the order, please carefully read these Terms and our Privacy Statement. If You do not agree to all of the Terms and Privacy Statement, do not place an order.
These terms may be subject to amendment, so You should carefully read them prior to placing any order.
If you have any questions about the Terms of the Privacy Policy, You may access our web site or contact us through our web form. RUSH AND CO is a trading name of RUSH Sarl, a company registered in Switzerland under registration number 13171/2016. Our registered address is 24, rue Joseph Girard, 1227 Carouge, Switzerland. Our VAT number is CHE-363.525.155.
- USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.
You agree that:
- You may only use the website to make legitimate enquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (See our privacy policy).
- If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.
- SERVICE AVAILABILITY
The items we offer on this website are available in the following countries: Germany, Spain, France, Italy, Portugal, United Kingdom, Ireland, Austria, Belgium, Holland, Luxembourg, Switzerland, Monaco, Greece, Sweden, Norway and United States of America.
For all other destination, please send an email to customerservice@rush-and-co.com
- HOW THE CONTRACT IS FORMED
The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.
To place an order You will be required to follow the shopping process online and press the “Authorize payment” button to submit the order. After this, You will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an email that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send You the Shipment Confirmation.
The contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
- AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If you do not wish to order such substitute products, we will refund any monies that You might have paid.
- REFUSAL OF ORDER
We reserve the right to withdraw any Product from this website and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.
We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
- YOUR RIGHTS TO CANCEL “Cooling Off”
If You are contracting as a consumer, You may cancel a Contract at any time within 30 days as of the confirmation of the dispatch of your order. In this case, You shall receive a full refund of the price paid or credit of the value of the item only for the product in accordance with our Return Policy ( see below Clause 13). The return of a gift card shall be governed by the Use Conditions of the Gift Card
Your right to cancel a Contract only applies to products that are returned in the same conditions as You received them. You should also include all of products instructions, documents and wrappings. Any product which is damaged or not in the same conditions as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of any of the following products:
- Customized items
Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrapping should be retained and used for the return of the products.
Further details of this statutory right and an explanation on how to exercise it are set out in clause 13 of these Terms and are summarized on the Shipment Confirmation.
This provision does not affect your statutory rights as a consumer.
- DELIVERY
Subject to the provisions of Clause 5 above and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Shipment Confirmation.
Reasons for delay could include:
- Customization of products;
- Specialized items;
- Unforeseen circumstances; or
- Delivery area;
With regard to the virtual gift card, we will send it on the date indicated by you when you place your order.
If for some reason we are unable to deliver on this date we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing you with the full amount paid. Please remember that we do not deliver on Saturdays or Sundays except in the case of the virtual gift card which will be delivered on the date indicated by You.
For the purpose of these Conditions, the “delivery” shall be deemed to have taken place or that the order has been delivered at the time that receipt of the order is signed for at the agreed delivery address, although the virtual gift card shall be deemed to be delivered in accordance with the Use condition of the Gift Card, and in all cases the delivery date of the virtual card to the e-mail address indicated by you.
- UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts, we will try to find a secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.
This Clause shall not apply to the Virtual Gift Card for which the delivery shall be governed bu the Use Conditions of the Gift Card and the above Clause 8.
- RISK AND TITLE
The Products will be at your risk from the time of the delivery.
Ownership of the products will only pass to you when we receive the full payment of all sums due in respect to the products, including delivery charges, or upon delivery (as defined in clause 8 above), should this be later.
- PRICE AND PAYMENT
The price of the product shall be the one quote from time to time on our site, except where there is an apparent error. Whilst we take care to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if you have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the products to You at the incorrect (lower) price (even after we have sent You a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as such.
The Prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount dues as set out in our Delivery Costs Guide.
Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which a Shipment Confirmation has been sent.
Once you have finished shopping, all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:
- Click the “Shopping bag” button at the top of the page.
- Click the “See bag” button.
- Click the “Process order” button.
- Fill in or check your contact details, the details of your order, the delivery address and the invoicing address.
- Enter the details of your card.
- Click the “Authorize payment” button.
You can pay using Postfinance, Visa, Mastercard, American Express and Paypal. Similarly, all of part of the price of your order with a gift card or a RUSH credit voucher issued by RUSH SARL. To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. The charge to your card will be made the moment your order leaves our warehouse.
If your form of payment is Paypal, gift card or credit voucher issued by RUSH SARL, the charge will be made the moment we confirm the order.
If you click on “Authorise payment” you are confirming that the card belongs to you or that you are the legitimate holder of the gift card or the credit voucher card.
We use “CYBERTRUST” to ensure payment is made safely.
Cards are subject to validation checks and authorization by your Card Issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with You.
- VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
- EXCHANGES/RETURNS POLICY
Returns in the exercise of the right to cancel your purchase
General Policy: If You wish to cancel the Contract within the period specified in Clause 7 above, You can make a return to us by giving a courier arranged by us. You should send the product in the same package received by following the directions on the “RETURNS” section of our website. You should contact us through the web form to arrange for the product to be collected at your home address. Neither option will entail any additional cost to You. You will be responsible for the cost of returning the product to us where You are not able to do so via one of the free options offered. Please note that if You return the goods to us at our expense, we will be entitled to charge You for the direct cost we might incur as a result. We reserve the right to refund shipping cost up to the price of the cheapest shipping option.
If You have any doubts You can contact us through our web form or send an email to info@rush-and-co.com
Please use or include with the product being returned all original boxes, instructions/documents and wrappings.
After reviewing the product, we will let you know whether or not you have a right to a refund. We will process your refund as soon as possible and in any case, within 30 days of giving us the notice of cancellation. We will refund any money received from You using the same method used to make the payment.
Such products which are not in the same conditions as those of delivery or which have been used beyond the mere opening shall not be exchanged or refunded.
Exchange for the same products, of a different size and color is possible, as well as for an alternative product. You will receive full refund or credit store for the value of the item.
Returns of defective products
In circumstances where You can consider the product does not conform to the Contract at the time of delivery, You should promptly contact us via our web form or send an email to info@rush-and-co.com with details of the product and its damage. Alternatively, You can contact us by telephone at where You will receive instructions from us.
Upon receipt of the returned product, we will fully examine it and notify You of your right to a replacement or refund(if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible, and, in any case, within 30 days of the day we confirmed to You via e-mail that You are entitled to a refund or replacement for the non-conforming product.
In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item. We will always refund any money using the method used to make the payment.
This provision does not affect your statutory rights under the regulations in force.
- LIABILITY AND DISCLAIMERS
Except for fraud or willful misconduct, the Supplier (RUSH) is not liable to the purchaser.
RUSH is not responsible for the fact of his auxiliaries.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.
- WRITTEN COMMUNICATIONS
When using our site, You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- NOTICES
All notices given by You to us should be given to us preferably via our web form. Subjects to and otherwise specified in clause 16 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between You and us is binding on You and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any doubts of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, locks-out or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of the railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close and find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performances of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
- SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between You and us, whether oral or in writing.
Both You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Contract as provided in these Terms.
- OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case it will apply to orders previously placed by You.
This agreement and any schedules constitute the entire understanding between the parties and supersede any prior communication, representations, or agreements whether oral or in writing.
If any of the provisions of this agreement are found to be null and void, the remaining provisions of this agreement shall remain valid and shall continue to bind the parties.
- LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through such website will be governed by Swiss law. Any dispute arising from or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Swiss courts. If you are contracting as a customer, nothing in this clause will affect your statutory rights as such.
25. We welcome your comments and feedback. Please send all feedback and comments to us via e-mail to info@rush-and-co.com
