Terms & conditions of sale
General Conditions of Sale
Updated to December 2022
1. General provisions and identification of the vendor
1.1 These general conditions of sale (“General Conditions”) apply to all distance sales of products (“Products” or “Product”) made through www.forbiddencity.swiss website (the “Website”) and sold by Forbidden City (Suisse) SA (“Forbidden”). The order may be processed by the following entities depending on your location, shipping address and/or the location of the product you are ordering: for those clients situated in Switzerland, Forbidden City (Suisse) SA, Rue Leschot 9, 1205 Geneva. for EU and rest of world clients, BGBP Eood, a Bulgarian Corporation, with trade name Forbidden City E-Commerce, registered office at Sq Ovyivdug 382, 4000 Plovdiv, or Prive Luxury Group, Ltd. Falzun Street, Birkirkara BKR 1441, Malta; for those clients situated in the USA and its territorial possessions, Forbidden City Switzerland NA Inc., a Wyoming Corporation. Your contractual partner is the partner who issues and sends your final invoice.
1.2 The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”), being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18, for their personal use. Consequently, by placing an order on the Website, Clients agree and warrant that they do not make the relevant purchase in connection with any dealings or transactions with entities or individuals under UN, US, UK, Swiss or EU sanctions or to be brought back to North Korea, Russia or Syria except where allowed by law or upon presentation of a valid license issued by the UN, US, UK, SECO, and/or the EU.
2. Information on Products
2.1 Information on Products, together with the relevant price, are available on the Website.
2.2 Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Product and their characteristics as mentioned on the Website.
3.1 The prices of the Products are indicated on the Website and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products, and will be indicated separately in the order summary.
3.2 Forbidden regularly verifies that prices displayed on the Website are correct; however, Forbidden cannot guarantee the absence of errors. If an error in the pricing of a Product is detected, Forbidden shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price.
4. Execution of the Contract
4.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Forbidden.
4.2 Before submitting an order through the Website, Client shall carefully read these General Conditions.
4.3 Sending of the order constitutes a proposal to purchase the selected Products regulated under these General Conditions. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Products.
4.5 The contract between Forbidden and the Client is executed upon receipt by the Client of the acceptance by Forbidden of the order proposal (“Order Confirmation“). The acceptance (or the refusal) by Forbidden shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.
4.6 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, the address to which complaints may be addressed, information on support services and a copy of these General Conditions.
4.7 Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Article 7 below.
5. Method of payment
5.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be made by the Client by the payment methods indicated on the Website. As the purchaser, the Client represents and warrants to have legally obtained the funds used to pay the price of the Products included in the order proposal (and the relevant delivery charges, if any) and not to be engaged in any transaction designed to conceal the identity, source or destination of the funds with which the Client pays the price of the ordered Products (and the relevant delivery charges, if any).
5.2 The transactions will be debited from the Client’s credit card only after the credit card data have been verified and the authorization to debit the card has been received from the issuer of the card used by the Client.
5.3 For each order, Forbidden shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. No alterations to the invoice are possible after the invoice has been issued.
6. Transport and delivery
6.1 The purchased Products shall be delivered by a courier service selected by Forbidden (“Courier”) on working days. Products shall be delivered to the address indicated by the Client. Forbidden shall not deliver to PO Boxes. We reserve the right to change the shipping courier regardless of the one you have selected at check-out if due to reasons beyond our control the courier you have selected could possibly not meet its delivery obligations or if we deem a change in courier necessary in order to fulfil you order more efficiently.
6.2 The Products can only be shipped to countries we specify during our check-out process. If you wish for a product to be delivered outside of the countries available on our site, you can email firstname.lastname@example.org or call us on +41 22 548 0395.
6.3 Except if a force majeure event or unforeseeable circumstance occurs, purchased Products shall be delivered within 30 (thirty) days of the date of delivery. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Forbidden shall, without undue delay, reimburse all sums paid under the Contract.
6.4 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to:
- verify that the number of items being delivered corresponds to that indicated on the delivery note;
- verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
- sign the delivery note; and
- if requested by the Courier, show his/her ID.
Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Article 8 below.
- For orders under 1000 (one thousand) Euros/Francs/Dollars, delivery costs shall be paid by the Client. In that case, delivery costs shall be shown separately in the Order Summary. For orders equal to or greater than 1000 (one thousands) Euros/Francs/Dollars, Forbidden offers complimentary shipping.
- The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.
7. Right of withdrawal
7.1 In relation to Products, the Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product;
7.2 To exercise the right of withdrawal, the Client shall, within the term mentioned under Article 7.1send by email:
- the withdrawal letter found in Appendix A of this notice, duly filled in containing the order number and signed physically or with Qualified Electronic Signture (we accept EDOC, BDOC, ASICE and PDF file types); or
- a communication of his/her intention to exercise the right of withdrawal such communication shall include the following information: (i) indication of the Products for which the Client wishes to exercise the right of withdrawal; (ii) order number; and a copy of the invoice to the following address: email@example.com.
- Within 14 (fourteen) days of the communication of withdrawal (sent pursuant section 7.2), the Client shall return the purchased Products to Forbidden at the address indicated on the return label provided by Forbidden and using the delivery method indicated by Forbidden. Other means of return are excluded. The Products shall be returned in their original condition, unaltered, undamaged and in their original sealed packaging. Forbidden will not accept returns of Products that have been worn or have had the tags removed or damaged.
- Forbidden shall reimburse all payments received from the Client, excluding the costs of delivery borne by the Client, if any, within14 (fourteen) days of the day on which Forbidden has received the Products back, or the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Forbidden using the same means of payment as the Client used for the initial transaction.
8. Lack of conformity
8.1 If a Product sold by Forbidden has manufacturing defects or an alleged lack of conformity, the Client will contact Forbidden at the following address: firstname.lastname@example.org.
8.2 The Client has the right to have the Products brought into conformity, free of charge, by replacement. If the replacement is impossible, the Client has the right to obtain the cancellation of the contract. The Client loses these rights if fails to notify Forbidden of the lack of conformity within 2 (two) months of the date on which the Client detected such lack of conformity, unless in case of perishable Products which are subject to a shorter expiration, in which case Forbidden shall be notified within the relevant shorter deadline. In any event, actions intended to assert a lack of conformity not maliciously concealed by Forbidden shall automatically lapse 26 (twenty-six) months after the delivery of the Products.
8.3 In the event the Client is seeking the Products to be replaced due to lack of conformity pursuant to this Section 8, delivery costs for returning the Products to be replaced shall be borne by Forbidden, as well as any costs related to the delivery to the Client of the replacing Products.
9. Intellectual property rights
9.1 The “Forbidden City” trademark, the set of figurative and and/or shape marks present in the Products, the relevant packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies Forbidden City (Suisse) SA and its parent companies for the other countries.
10. Applicable law and competent jurisdiction
10.1 These General Conditions and, therefore, the contracts executed with the Clients, shall be governed by and will be interpreted in accordance with the laws of the Swiss Confederation and the Swiss Code of Obligations.
10.2 For clients resident in Switzerland, disputes arising out of or relating to these General Conditions shall be submitted to the commercial courts of Zurich, Switzerland.
10.3 For clients resident in the EU, the United States, and the rest of the world besides these countries herein mentioned and the Swiss Confederation, any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be finally settled by binding arbitration. The arbitration shall be conducted at the Riga International Arbitration Court in accordance with its Arbitration Rules in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. The Parties agree to carry out any award without delay and waive their right to any form of recourse based on ground other than those contained in the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 insofar as such waiver can validly be made. The number of arbitrators shall be one (1); the arbitrator shall be selected and appointed Riga International Arbitration Association. The seat, or legal place, of arbitration shall be Riga, Latvia and the language to be used in the arbitral proceedings shall be English. Provided that either party may submit testimony or documentary evidence in any language if it so furnishes, upon the request of the other party, shall provide a translation into English of any such testimony or documentary evidence. The decision of the arbitrator shall be final and binding on the Parties. Judgement upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The costs of the arbitrator and arbitral hearings shall be borne by the losing party or as the arbitrator otherwise directs. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by e-mail at the email addresses listed on the face of this agreement. Should the email address no longer be valid or cease to receive communications, the Parties agree to retain such proof of rejection of the electronic communication and agree to service of process by mail.
Customers based in the European Union can alternatively decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr
11.1 For further information and assistance with distance purchases, the Client may contact Forbidden City at: email@example.com or call +41 22 548 0395.
[fill in and return this form only if you want to withdraw from the contract]
by e-mail: firstname.lastname@example.org
Subject: Declaration of withdrawal
I hereby announce my withdraw from the contract of sale of the following
Accordingly, I return this/these Product/s at my own expenses to Forbidden City, at the address indicated by Forbidden City, within 14 days from the date of this notice.
Please make the reimbursement of the returned product/s using the same method of payment used for the purchase:
For any communication related to this notice, you can contact me at:
- Name and last name: _________________________________
- Address: ___________________________________________
- Phone number: ______________________________________
- E-mail: ____________________________________________7
 Specify for every Product the code number of the product as reported on the invoice.
 Insert the date of the order.
 Insert the date of the receiving of Products in case of the right of withdrawal is exercised after the receiving of the products in relation to which you want withdrawal.
 Please write in block letters.
 Please write in block letters.
 Please write in block letters. 7 Please write in block letters.