General terms and conditions of MoBijoux GmbH

Version II; valid from 01/09/2021

1.      Scope

These General Terms and Conditions (hereinafter referred to as "GTC") govern the conclusion, content and execution of purchase contracts between MoBijoux GmbH (hereinafter referred to as "MoBijoux") and its customers via the online shop at www. boutiqe.ch.

If individual agreements and the GTC contain provisions that differ from each other, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of the GTC shall apply. Agreements that deviate from these GTC must be in writing in order to be valid, whereby communication by e-mail shall be deemed equivalent to this.

The current and binding version of the GTC is published at www.boutiqe.ch.

2.      Offer and conclusion of contract

The offer is aimed exclusively at customers resident or domiciled in Switzerland.

The presentation of the goods, their description and price in the online shop as well as in brochures, advertisements or similar shall neither constitute a legally binding offer of contract nor an assurance of characteristics, unless they are expressly designated as binding in writing.

By clicking the "CHECKOUT" button when completing the ordering process, the customer submits a binding offer to MoBijoux for the conclusion of a purchase contract and accepts these GTC. After sending the order, the customer will receive a confirmation email. The confirmation email does not represent an acceptance of the offer. The acceptance of the offer will be sent by additional email within three working days.

3.      Prices and shipping costs

All prices are in Swiss Francs (CHF) incl. the legal value added tax (VAT) and excl. shipping costs. MoBijoux reserves the right to change prices at any time.

Up to an order value of CHF 50.00, CHF 9.90 will be charged for delivery. For orders with a value of more than CHF 50.00, the customer will not be charged for delivery.

4.      Terms of payment

Payment can be made either by credit card or PayPal.

The goods will not be shipped or handed over until the total price has been paid.

5.      Delivery and collection conditions

a)      General

MoBijoux delivers exclusively to addresses in Switzerland. The delivery period or the period until readiness for collection can be seen in the respective product description. However, this period is only an approximate value. MoBijoux excludes any liability in this respect.

b)      Delivery conditions

The delivery period starts only when the purchase price payment has been received by MoBijoux.

If several articles are ordered together, the goods will only be shipped when all articles are available. In case of delivery bottlenecks MoBijoux reserves the right for partial deliveries. This does not result in additional costs for the customer.

If the goods cannot be delivered for reasons for which the customer is responsible, the customer has to pay for the resulting damage, whereby at least CHF 20.00 compensation for expenses will be charged. If the goods cannot be delivered even after a second attempt, MoBijoux is entitled to withdraw from the contract. Compensation remains reserved.

c)       Collection conditions

If the collection in the shop at the seat of MoBijoux was agreed, the customer will be informed by e-mail about the readiness for collection. The customer acknowledges that the items are not ready for collection at the same time, depending on availability. The customer is free to pick up the partial delivery or to wait until the entire order is ready for pickup. If the entire order or the remaining goods are ready for collection, the customer must collect them within 30 days of notification that they are ready for collection.

If the customer is in delay with the collection, MoBijoux is free to withdraw from the contract concerning these goods and to charge the customer a cancellation fee of CHF 20.00. MoBijoux reserves the right to claim damages. Compensation remains reserved.

6.      Warranty and guarantee

The warranty services are fully governed by the warranty provisions of the respective manufacturer or supplier (manufacturer's / factory warranty) and must also be claimed against the latter. A warranty claim can be made via MoBijoux (intermediary). The claim for possible warranty services arises against the respective manufacturer or supplier. MoBijoux itself does not grant any guarantee and expressly excludes any warranty - as far as possible according to law -, in particular rescission and reduction are excluded.

Possible warranty conditions applicable to the individual articles are handed over to the customer with delivery or collection of the respective commodity and can be inquired if necessary already before submission of a binding purchase offer with MoBijoux.

Warranty services are generally limited to repair or replacement of the defective products.

The handling of warranty claims is based on the procedures defined by MoBijoux and the manufacturers or suppliers.

7.      Right of return

The goods can be returned within 14 days at the registered office of MoBijoux. If the goods were collected from the shop, the receipt must be presented. Any costs in connection with the return (e.g. shipping costs) shall be borne by the customer. The time of posting at the Swiss Post or the handing over in the shop of MoBijoux at its domicile is decisive for the observance of the time limit. The right of return exists only for original packed and undamaged goods, which were worn exclusively for trying on. If the goods are provided with a protective film or a label, this must not be removed, otherwise the right of return is forfeited.

The refund of the purchase price will be made after inspection and acceptance of the goods, usually within 5 days. The refund will be made to the credit card or PayPal account used for the order.

Excluded from the right of return are reduced goods (discount, sale or similar), smartwatches, activity trackers, engraved or otherwise individualized goods.

8.      Retention of title

MoBijoux remains owner of the goods until the customer has fulfilled all claims according to the purchase contract.

As long as the retention of title lasts, the customer is not authorised to dispose of the products or their components and accessories. In particular, these may not be sold, rented, pledged or encumbered with any other right of a third party. Likewise, processing or transformation without the express consent of MoBijoux is not permitted.

9.      Data protection

MoBijoux is entitled to process and use the data received in connection with the business relationship with the customer for the fulfilment of the obligations arising from the contract. The customer fully agrees to the storage and processing of his data by MoBijoux.

If the customer has not explicitly forbidden it, MoBijoux may use the data for marketing purposes, especially for sending newsletters. The data may also be passed on to service partners commissioned for the provision of services or for the enforcement of the claim. The customer agrees to this transfer with the conclusion of the contract.

The data processing, which is due to the visit of the website www. boutiqe.ch, is explained in a separate Cookie Policy. MoBijoux undertakes to process customer data carefully and to comply with the applicable data protection regulations. The customer can prohibit the processing of his data for marketing purposes at any time.

10.  Liability

Liability for damages of any kind (in particular for consequential damages, loss of profit, etc.) as well as liability for auxiliary persons is excluded to the extent permitted by law. No costs for the determination of causes of damage and expert opinions are assumed.

11.  Changes

MoBijoux reserves the right to change the GTC at any time and without notice. The version of the GTC valid at the time of the conclusion of the contract and published at www.boutiqe.ch is decisive.

12.  Applicable law

All legal relations between MoBijoux and the customer shall be governed exclusively by Swiss substantive law, to the exclusion of conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

13.  Place of jurisdiction

For all claims - as far as no mandatory legal provisions prevail - the place of jurisdiction is the registered office of MoBijoux. However, MoBijoux is entitled to invoke the courts competent for the registered office or place of residence of the customer instead.

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