General Terms and Conditions
Cited 01. Juli 2020
- These General Terms and Conditions (GTC) solely regulate the contractual relations between My Mini Moment GmbH, Obere Paulistrasse 13, 8834 Schindeleggi (commercial register number CHE-411.376.115, hereinafter referred to as “seller”) and its customers (hereinafter referred to as “customer” or “buyer”) for the products offered on the website www.myminimoment.ch.
- Only the goods sold via the online shop of the website www.myminimoment.ch are covered by the above terms and conditions. The products to be sold are intended for children of a suitable age.
- These GTCs exclusively regulate the contractual relationship between the seller and its customers in the above sense. Contradictory or deviating contractual terms and conditions of the customer shall not be recognised unless the seller has expressly agreed to them in writing in individual cases.
- The present provisions apply to both private consumers and business customers/companies. A consumer is defined as any natural person who places an order for purposes that are not related to his commercial or independent professional activity, but to his private needs, which do not exceed the usual consumption.
- The seller can supplement or change the terms and conditions at any time at his own discretion. Valid is the respective (approved) version of the GTC at the time of the conclusion of the purchase via the online shop on the website.
- For the use of our offers, the customer undertakes to provide true and complete information during the ordering process. Should this not be adhered to by a customer, the seller expressly reserves the right to refuse orders from a customer. Furthermore, the seller assumes no liability for incorrect information provided by the customer via the internet shop on www.myminimoment.ch.
- The seller currently delivers only within Switzerland. The offer is therefore basically only directed at persons/companies with residence/registered office in this area: For customers outside this area – especially from Liechtenstein – any contract conclusion or delivery will only be made after prior approval by the seller upon early written request by the customer. In this respect, the customer must use the contact form on the seller’s website or contact the seller at firstname.lastname@example.org
- In all other respects reference is made to the separate imprint on the website www.myminimoment.ch.
§ 2 Subject matter of the contract
- The subject of the contract is the party boxes offered by the customer via the online shop of the internet platform www.myminimoment.ch (hereinafter referred to as the website) and delivered to the customer’s home.
- At this point in time, the seller offers the following products with the therein mentioned characteristics, which can be viewed under https://myminimoment.ch/en/shop/.
- The product pictures shown on the website, especially the colours shown, can differ from the original product for technical reasons.
- With the exception of the product components according to point 2 above, no other warranted characteristics can generally be derived
§ 3 Conclusion of the contract
1. When ordering in the online shop, customers can take a closer look at the contents of the partybox by clicking on the product image on the product overview and place it in the shopping cart via the link/button “add to cart” and then order for a fee.
2. By pressing the button “buy” the customer enters the payment process. Here he has to enter his name and address, his telephone number as well as his e-mail address and finally choose one of the given payment methods (see below). By providing these details and completing the order, the customer makes a binding offer to conclude a purchase contract.
3. After sending the order, the customer receives an order confirmation with the relevant information on his specified e-mail address. This order confirmation e-mail represents an acceptance of the offer by the seller (conclusion of contract). The confirmation e-mail again contains the customer’s details and therefore the relevant delivery time for the delivery of the party box.
4. The seller is entitled to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, if he cannot deliver the ordered item. In this case, the seller shall inform the customer immediately of the non-availability of the desired products and shall refund any amounts already paid within 5 working days.
§ 4 Storage of the contract text / Registration
- The seller saves the order sent by the customer in the above-mentioned manner and the order data entered during the ordering process: These are the personal data such as name, residential address or business address, e-mail details and delivery address. Existing customers are given the opportunity to register as customers on the platform by providing the aforementioned information.
§ 5 Prices
1. The prices to be paid for the offered products are described in more detail under https://myminimoment.ch/en/shop/ (under possible indication of a value added tax portion as well as the forwarding expenses).
2. Prices are subject to change and errors in prices.
§ 6 Payment and delivery terms
- The articles can be paid for as part of the payment process in the online shop of the website using VISA, Mastercard, PayPal or direct bank transfer.
2. Within Switzerland, shipping is carried out by the Swiss Postal Service. For customers outside this area, delivery will only be made after prior approval by the seller on request of the customer. The customer shall use the contact form on the website of the seller (email@example.com). In this case, the seller will – without any corresponding assurances – clarify the matter in each individual case and agree with the customer whether and under what conditions a contractual relationship outside the usual delivery area is possible
3. The expected delivery time (without guarantee) is indicated in the order confirmation from the seller to the customer (by e-mail). Basically, the party boxes / items will be shipped within two working days from receipt of order, delivery delays reserved.
4. The party box is shipped at the customer’s risk (transfer of risk to the customer upon handover of the box at the Swiss post office or the broadcasting company).
6. For special shipping instructions – e.g. if the customer wishes to pick up the goods from the seller – the seller must be contacted in advance at firstname.lastname@example.org and their consent must be obtained.
§ 7 Warranty and right of withdrawal
- The customer has no right of withdrawal.
- Unless otherwise agreed in writing between the parties, the statutory provisions of Swiss law on sales contracts pursuant to Art. 197 et seq. OR shall apply. In the event of an exceptional shipment of the goods to the EU and Liechtenstein, which has been approved in advance by the seller, the right to deviate from these mandatory legal provisions is reserved.
- The warranty period for defects in the purchased goods for both private individuals and entrepreneurs or companies is a maximum of 3 months.
- Defects in the purchased product which arise during the above-mentioned warranty period (warranty period) must be reported to the seller immediately after their discovery by e-mail (to email@example.com) with details and photographic illustration of the defect (timely notification of defects). The seller shall then check the notice of defect and, if a defect is present, confirm it to the seller by e-mail. Subsequently, the defective product shall be returned to the seller at the latter’s place of business in Switzerland (see above § 1 item 1); in exceptional cases, return of the product may be waived if the seller has been informed accordingly in writing. The seller shall then immediately send the buyer a defect-free replacement product at its own expense (rights in respect of defects shall be limited to replacement delivery).
- Any warranty is void if defects in the purchased goods have occurred for the following reasons:
- Damage and functional defects of the products caused by accidents, improper use (cuts, cracks, impurities, unnatural odors, discoloration, etc.) or by changes, repairs or interventions by persons who do not have the necessary and verifiable professional qualifications; in particular, there is no warranty right after the pary boxes / items have been opened or unpacked and already used once
- Consequences of normal wear and tear or aging of the purchased goods.
§ 8 Disclaimer
1. Any liability for third party or consequential damages as well as for a loss of the purchased product by the customer is excluded. The seller is not liable for negligently caused damages.
2. The seller is not liable for any damage to the Customer’s property or health resulting from the use of the party box. Before purchasing the party box, the customer is obligated, taking into account the product information on the seller’s platform, to make the necessary clarifications regarding the safety of children in connection with the use of the party box on his own responsibility.
3. Liability claims in the event of actual perishability or hazardousness of goods should be addressed directly to the product manufacturers concerned: The seller is not liable for this.
4. The seller is not responsible for the error-free and/or constantly available data communication via the Internet, nor for the error-free and uninterrupted availability of the online shop. She is not liable for technical and/or electronic errors occurring during an order process.
5. The seller assumes no liability or excludes any liability for damages that may arise in connection with the linking of external providers or online platforms on the website of the provider.
§ 9 Data protection
1. The data necessary for the use of the aforementioned platform will be treated confidentially. In addition, the seller protects the interests and privacy of the users
§ 10 Copyright
1. Either the seller or the third parties/companies mentioned in a different way have copyrights to all picture motifs and videos of the products for sale presented on the aforementioned internet platform. Any use of these works by third parties may only be made with the written consent of the seller.
§ 11 Final provisions
- All business transactions in connection with these terms and conditions shall be governed exclusively by Swiss law, excluding CISG. Mandatory provisions of the country of the customer’s habitual residence, i.e. the mandatory provisions applicable to private consumers, shall remain unaffected – to the extent that they are mandatory and cannot be waived.
- Place of jurisdiction for disputes arising from the present contractual relationship – subject to deviating mandatory places of jurisdiction – shall be the competent courts in Switzerland at the registered office of the seller in Feusisberg.
- If one or more clauses of these terms and conditions should be invalid in whole or in part, the validity of the remaining contractual provisions shall not be affected and these contractual provisions shall remain valid. In this case, the individual ineffective or void provision shall be replaced by a new, legally permissible provision which comes as close as possible to the ineffective or void provision in its economic effect. If an invalid contractual clause is not subsequently corrected, it shall be replaced by a relevant legal provision.