Terms and conditions of use
General terms and conditions of CHERRYBABY.CH
Scope of application
- The present general terms and conditions ("GTC") apply to all legal transactions made through the on-line shop www.cherrybaby.ch ("Shop").
- The Shop is operated by Martyna Wisniewska Cherry Baby Concept Store seated in Lausanne, Avenue d’Echallens 4 ("CHB").
- CHB reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
- The range of products available in the Shop is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
- Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
- Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
- Large orders exceeding a standard amount may be refused without reason as the Shop is designed for individual customers only.
Product and price
- Product information available through the Shop is compiled to be as customer friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
- All prices quoted are net, in Swiss Francs, include where applicable, value added tax (VAT). recycling contribution
- CHB reserves the right to change prices of products and services at any time. The prices stated in the Shop at the time of order placement apply.
Availability and delivery times
- CHB is committed to providing up-to-date and precise information on availability and delivery times in the Shop. However, production and delivery shortages in particular may cause delivery delays for CHB. Therefore, all information on availability and delivery times is subject to change.
- Products and prices stated in the Shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
- A contract for products from CHB shall be deemed concluded with CHB as soon as an order has been placed by the customer in the Shop ("Contract").
- Customers are informed of their order placement by means of an automatically generated order confirmation by CHB, which is sent to the e- mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the Shop and a contract was therefore concluded with CHB under condition of deliverability and correct price quotation.
- Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
- If delivery by CHB is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the [X]th calendar day from the originally scheduled delivery date. In such an event, CHB will refund the customer any amount paid in advance. No further claims towards CHB apply.
Delivery / personal collection
- All delivery and collection options available to the customer are described under "Delivery and collection" section in the Shop.
Customer obligation to inspect products
- Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
- If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
- The customer shall inform CHB of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest via e-mail or in writing. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in "Returns and Warranty" section in the Shop.
Warranty - Basic provisions - Liability and exclusion of liability
- Liability is based on the applicable legal provisions. However, in no event shall CHB be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of CHB, be this contractual or non-contractual.
- Moreover, CHB will not accept any liability in the following cases:
- storage, setting or use of products that is improper, unlawful or contrary to contract;
- failure to maintain and/or improper modification or repair of the products by our clients or a third party;
- force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by CHB or official orders.
- CHB claims all payments for products purchased on the Shop directly from the customer. Payment must be made in Swiss Francs.
- Cash payment is possible for personal collection of products from CHB only.
- Payment methods available to customers for the Shop are listed under "Payment methods".
- When paying by credit card or other instant payment methods, the amount is debited at the time of order.
- In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the CHB main warehouse are reserved until the expiration of the payment term, which is at least 7 calendar days.
Reservation of ownership
- All ordered products remain the property of CHB until payment is received in full.
Order change or cancellation
- Order placement obliges the customer to accept the products. CHB may, at its own discretion, accept subsequent order changes or cancellations by the customer.
- In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
Returning non-defective products
- According to the conditions listed in the [Return Policy], CHB grant the right to return ordered products within a maximum of 14 calendar days from their dispatch or collection.
- Customers must register the return of a product in their personal customer account under the section "Returns and warranty" on www.cherrybaby.ch and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
- Should customers exercise their right of return according to the above-mentioned return conditions, CHB shall refund the total purchase price with the exception of delivery costs.
Data privacy protection
- Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.
- All legal relations between CHB and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
- All rights to these GTC, particularly copyrights, are reserved by CHB.