Terms of service
GENERAL TERMS AND CONDITIONS (GTC)
ITARA AG / cuia collection
Version as of 24 September 2026
1. SCOPE
1.1. These General Terms and Conditions (“GTC”) apply to contracts for the purchase of products of the "cuia collection" brand entered into between ITARA AG and its customers. They apply in particular to orders placed through the cuia collection online shop. To the extent appropriate for the respective sales channel, they also apply to sales made through electronic ordering methods used by ITARA AG and to direct sales by ITARA AG.
1.2. The operator of the online shop and the contracting party is ITARA AG, Bellerivehöhe 13, 6006 Lucerne, Switzerland (hereinafter “ITARA AG”, “cuia collection” or the “Seller”).
1.3. The GTC apply in the version valid at the time the respective contract is concluded. Any individual agreements between ITARA AG and the customer shall take precedence over these GTC. Any differing terms and conditions of business or purchase of a business customer shall become part of the contract only if ITARA AG has expressly agreed to them in writing. Consent by email is sufficient.
1.4. The online shop is primarily intended for customers in Switzerland. Deliveries to other countries may be offered. For deliveries abroad, the delivery, shipping and import conditions communicated during the ordering process shall apply in addition, as shall any mandatory statutory provisions of the respective country of destination.
2. CONCLUSION OF CONTRACT
2.1. The presentation of products in the online shop does not constitute a binding offer to conclude a contract. The customer submits an offer to conclude a purchase contract by completing the ordering process in full and clicking the appropriately labelled button to place a binding order.
2.2. After the order has been received, the customer will generally receive an automated electronic confirmation. A mere acknowledgement of receipt initially confirms only that the order has been received and does not constitute acceptance unless the confirmation expressly states otherwise.
2.3. The purchase contract is concluded as soon as ITARA AG expressly accepts the order, sends an order confirmation or shipping confirmation, or dispatches the ordered goods.
2.4. The contract is concluded only in respect of those products and quantities that have been accepted or confirmed by ITARA AG.
2.5. Obvious typographical, calculation, pricing or technical errors may be corrected to the extent permitted by law. A price that is recognisably displayed in error does not, without more, give rise to a claim for delivery at that price.
2.6. If the electronic ordering or payment process is temporarily unavailable, a contract in the case of a direct sale (for example at a trade fair, pop-up or showroom) may also be concluded and paid for by other means offered by ITARA AG. The products, prices and payment terms agreed in that context shall be decisive.
2.7. For larger orders, individual customer orders or custom-made products, differing or supplementary terms may be agreed individually, in particular with regard to design, material, dimensions, price, payment terms, delivery period and acceptance. The specifications and agreements confirmed in writing by ITARA AG shall be decisive.
Changes requested by the customer after the order has been placed may result in an adjustment to the price and delivery period. Such changes require the consent of ITARA AG.
If, in the case of an individually agreed large order or custom-made product, acceptance or delivery is delayed at the customer’s request or for reasons attributable to the customer, ITARA AG may, after prior notice, charge reasonable additional storage, transport or other costs thereby incurred.
2.8. Decorative objects, accessories or other products shown in product images are included in the scope of delivery only if they are expressly listed as part of the offer in the relevant product description.
3. PRICES AND SHIPPING COSTS
3.1. The retail prices stated to consumers in the Swiss online shop are in Swiss francs (CHF) and include Swiss value added tax payable by law as well as any other mandatory, non-optional surcharges, where applicable.
3.2. Prices may be changed for future orders. For a completed purchase, the price agreed during the ordering process shall be decisive. Subsequent price changes, promotions or price reductions do not generally give rise to any entitlement to a subsequent adjustment or credit.
3.3. The shipping costs applicable to an order are disclosed in the online shop, during the ordering process or, in the case of individually agreed sales, before the contract is concluded. ITARA AG may offer free shipping without this giving rise to any continuing entitlement to free shipping for future orders.
3.4. Deliveries outside Switzerland may be subject to additional shipping, customs, import, tax or handling charges. To the extent that such costs can be calculated automatically in the online shop, they will be displayed in accordance with the ordering process.
4. PAYMENT & RETENTION OF TITLE
4.1. Payment shall be made using the payment methods offered in the respective sales channel. In the online shop, these may include, in particular, credit and debit cards, TWINT and other payment methods made available through Shopify Payments or otherwise activated by ITARA AG.
4.2. Unless otherwise stated during the ordering process or individually agreed, the purchase price is due for payment upon conclusion of the purchase contract.
4.3. ITARA AG may, in particular, allow business customers to purchase on invoice by individual agreement. There is no entitlement to delivery against invoice.
4.4. Until the purchase price owed, including any ancillary amounts due in connection with the specific purchase, has been paid in full, the goods shall, to the extent legally permissible and effective, remain the property of ITARA AG. ITARA AG reserves the right, where applicable, to have the retention of title entered in the competent register.
4.5. Where purchase on invoice has been agreed, the invoice amount must be paid within the payment period stated on the invoice or order confirmation. Once the customer is in default, ITARA AG is entitled to charge default interest at 6% per annum as well as legally permissible reminder and collection costs.
5. VOUCHERS AND DISCOUNT CODES
5.1. Where Cuia Collection offers vouchers for consideration, they may be redeemed for Cuia Collection products in accordance with the conditions communicated at the time of purchase.
5.2. If the value of a voucher is not fully used for a purchase, any remaining balance shall be retained insofar as the technical configuration of the voucher system provides for this. If the purchase price exceeds the available balance, the difference must be paid using an offered payment method.
5.3. Voucher value will generally not be paid out in cash unless there is a mandatory legal obligation to do so.
5.4. These GTC deliberately do not set a generally applicable short expiry period for vouchers purchased for consideration. The conditions validly agreed for the voucher and the applicable statutory limitation periods shall be decisive.
5.5. Discount and promotional codes are valid for the period stated and subject to the conditions communicated. Unless expressly stated otherwise, multiple discount codes may not be combined and may not be applied retrospectively to purchases already concluded.
6. DELIVERY & PASSING OF RISK
6.1. Delivery shall be made to the delivery address provided by the customer during the ordering process. The customer is responsible for ensuring that the delivery and contact details provided are complete and correct.
6.2. Switzerland is the principal delivery area. Deliveries abroad may be offered where they are possible for the relevant product and country of destination.
6.3. Delivery times stated in the online shop or in an order confirmation are estimated delivery times unless they are expressly designated as binding.
Delivery delays may occur in particular due to force majeure, natural events and severe weather, political events or official measures, war, civil unrest, strikes, transport or logistics disruptions, supply shortages, power outages, technical disruptions, failures of suppliers or other circumstances for which ITARA AG is not responsible.
ITARA AG will inform the customer of any material delays of which it becomes aware.
6.4. If an ordered product is no longer available for reasons for which ITARA AG is not responsible, the customer will be informed. Payments already made for products that cannot be delivered will be refunded unless another solution is agreed.
6.5. Partial deliveries may be made provided that this is reasonable for the customer and does not result in unreasonable additional costs.
6.6. The passing of risk is governed by the applicable statutory provisions. Mandatory provisions protecting consumers are not restricted by these GTC. Different delivery and risk allocation terms may be agreed with business customers on a case-by-case basis.
7. INSPECTION OF GOODS, DEFECTS AND WARRANTY
7.1. The customer must inspect the delivered goods upon receipt for completeness, obvious damage and apparent defects. Obvious defects and transport damage must be reported to ITARA AG in writing within 48 hours of receipt of the goods, with as precise a description of the defect as possible, and must be documented by photographs.
Business customers are subject to the statutory duties of inspection and notification of defects. If a complaint is not made in due time, the goods shall be deemed accepted to the extent provided by law. Hidden defects must be reported without delay after they are discovered.
7.2. In the event of visible transport damage, the condition of the product and of the outer and inner packaging should, wherever possible, be photographed immediately upon receipt. The original packaging, including all existing cushioning and protective materials, as well as the shipping label, must be retained until the damage has been fully resolved.
7.3. When notifying a defect, the defect should be described as precisely as possible. ITARA AG may request suitable photographs or further information for assessment, insofar as this is reasonable for the customer. A product that is the subject of a complaint must not be altered or repaired without the prior consent of ITARA AG if doing so would make assessment of the defect more difficult or impossible.
7.4. Where a defect is justified, its handling shall be governed by the applicable statutory provisions and the claims available in the specific case. Depending on the nature of the defect, a repair, replacement delivery, price reduction or refund may in particular be considered.
7.5. Statutory warranty claims become time-barred two years after delivery of the goods. Mandatory statutory provisions, in particular those protecting consumers, remain reserved.
7.6. In the case of a technically straightforward defect that can be remedied professionally, it may, following prior consultation, be more appropriate for a suitable specialist to carry out the repair than for a heavy or fragile product to be returned. Any costs to be borne by ITARA AG require its prior approval unless immediate action is necessary for safety reasons.
7.7. Normal wear and tear and damage demonstrably caused after handover by improper use or handling, unsuitable care, unsuitable cleaning agents, chemical or acidic agents, scouring or abrasive products, excessive exposure to heat, moisture or liquids, mechanical damage, unauthorised alterations or improper repairs do not constitute an original defect.
7.8. Natural stone is a natural material. Every natural-stone product is unique and may differ in colour, shade, grain, veining, structure, pattern, grain size, transparency and crystallisation from other products made from the same type of stone as well as from product images, samples or display pieces.
Differences in colour, clouding, veining, pores, inclusions and mineral specks, quartz veins, small indentations and natural fissures or hairline cracks may be characteristics typical of natural stone. Depending on the type of stone, natural changes to the surface and the development of a patina may also occur.
Such naturally occurring characteristics and variations do not in themselves constitute a defect or damage. They must be distinguished from breakage, damage or other impairments that are not attributable to the natural characteristics of the material used.
Product images, samples and display pieces therefore cannot fully reproduce the individual characteristics of the natural-stone product actually supplied. In addition, colours and surfaces may differ from the actual appearance of the product depending on screen display, device settings and lighting conditions.
7.9. Products made from natural or handcrafted materials, and products from different production batches, may show minor variations in colour, structure, surface, shape, dimensions or workmanship. Such material-related, handcrafted or production-related variations do not constitute a defect provided that they do not materially impair the function or intended use of the product.
7.10. Where display pieces or other products are sold with pre-existing signs of use, damage or other deviations that were disclosed to the customer before purchase, those disclosed characteristics shall not constitute a defect.
8. RIGHT OF RETURN
8.1. For online purchases by private customers with a delivery address in Switzerland, ITARA AG voluntarily grants a right of return of 14 calendar days from receipt of the goods, provided that no validly communicated exclusion applies to the relevant product.
8.2. The return must be declared to Cuia Collection within the return period. The goods must be returned complete, undamaged and packaged securely for transport. The original packaging should be used wherever possible. If it can no longer be used, packaging providing at least equivalent protection and suitable for the relevant product must be used. In the event of damage, signs of use or missing components, ITARA AG may deduct an appropriate amount for loss in value from the refund or may refuse the voluntary return.
8.3. In the case of a voluntary return due to the customer no longer wishing to keep the product or having changed their mind, the customer shall bear the direct cost of returning the goods unless otherwise promised in the specific offer.
8.4. Following receipt and inspection of a proper return, the refundable amount will generally be refunded using the payment method used for the purchase.
8.5. For products inspected and purchased directly at a trade fair, pop-up, showroom or other physical point of sale, there is generally no voluntary right of return or exchange in Switzerland solely because the customer no longer wishes to keep the product. A voluntary goodwill arrangement may be offered on a case-by-case basis. Statutory rights in respect of defects remain unaffected.
8.6. For deliveries to private customers in Member States of the European Union, mandatory statutory consumer rights, including any applicable right of withdrawal for distance contracts, remain unaffected. Where such a right of withdrawal exists, the statutory requirements, time limits and consequences under the applicable consumer law shall apply.
8.7. Gift vouchers, reduced-price goods and promotional goods, as well as individually manufactured, personalised products or products specially ordered for the customer, are excluded from the voluntary right of return under Clause 8.1. Mandatory statutory rights of withdrawal and rights in respect of defects remain unaffected.
8.8. An online order may be cancelled free of charge within 24 hours after it has been placed, provided that the goods have not yet been dispatched.
For individually manufactured products or products specially ordered for the customer, cancellation is possible only as long as production or procurement has not yet begun.
9. LIABILITY
9.1. ITARA AG shall be liable in accordance with the applicable statutory provisions.
9.2. To the extent permitted by law, ITARA AG shall not be liable for damage caused exclusively by improper use, use for an unintended purpose, or use contrary to clear care, operating or safety instructions.
9.3. To the extent permitted by law, liability may be limited or excluded, in particular in relation to business customers, for slight negligence, indirect damage, consequential damage and loss of profit. Mandatory statutory grounds of liability remain unaffected.
10. DATA PROTECTION
10.1. The processing of personal data by ITARA AG is governed by the applicable data protection provisions.
10.2. Details concerning the collection, processing, storage and disclosure of personal data, the service providers used and the rights of data subjects are set out in Cuia Collection’s separate Privacy Policy.
11. INTELLECTUAL PROPERTY AND TRADE MARK RIGHTS
11.1. The word/device mark “cuia collection” (IPI Trade Mark No. 846600) is a registered and protected trade mark of ITARA AG. Unauthorised use, reproduction or imitation of the trade mark or its protected elements for commercial or advertising purposes is not permitted.
11.2. Product photographs, images, texts, product descriptions, graphics, logos, design elements and other Cuia Collection content may not, to the extent legally protected, be reproduced, altered, published, distributed or used for commercial or advertising purposes without the prior consent of the respective rights holder.
11.3. Third-party rights in individual content, materials, designs or design elements remain reserved.
11.4. The purchase of a Cuia Collection product does not transfer to the purchaser any rights in the “cuia collection” trade mark, logos, product images, texts, designs or other intellectual property of the respective rights holder.
12. SEVERABILITY & AMENDMENTS
12.1. If any provision of these GTC is wholly or partly invalid or unenforceable, this shall generally not affect the validity of the remaining provisions. The applicable statutory provisions shall take the place of the invalid or unenforceable provision.
12.2. ITARA AG may amend these GTC for future contracts. For a purchase contract already concluded, the version of the GTC validly incorporated at the time the contract was concluded shall generally remain decisive.
12.3. Any differing terms of the customer shall apply only if expressly accepted by ITARA AG.
13. APPLICABLE LAW / JURISDICTION
13.1. Contracts with ITARA AG are governed by Swiss law. Mandatory statutory provisions, in particular those protecting consumers, remain unaffected.
13.2. For disputes with business customers, the competent courts at the registered office of ITARA AG in Lucerne shall have exclusive jurisdiction to the extent permitted by law. For consumers, the jurisdictions prescribed by law shall apply.
14. CONTACT
ITARA AG
Bellerivehöhe 13
6006 Lucerne
Switzerland
Email: info@cuiacollection.com
In the event of any discrepancy or inconsistency between the German and English versions of these General Terms and Conditions, the German version shall prevail.