General Terms and Conditions (GTC)
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between you (hereinafter referred to as "Customer") and 4mybaby AG, Wilenstrasse 17, 8832 Wollerau (hereinafter referred to as "4mybaby" or "Seller"). Within the framework of the ordering process, you acknowledge the GTC in the version applicable at the time of placing the order. All verbal and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.
1.2 Our offer of goods is directed exclusively at customers with a habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein.
2 Product offer and conclusion of contract
2.1 All information on products in our catalogues or on our website is subject to change. The offer to conclude a purchase contract is made by the customer. The customer shall be bound by the order for one week. The contract shall become binding if we accept the customer's offer within the time limit pursuant to section 2.3.
2.2 After sending an online order, the customer will receive an automated e-mail at the e-mail address provided with which we confirm receipt of the order (order confirmation). The order confirmation merely serves to inform the customer that we have received the order.
2.3 A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, by sending a confirmation of dispatch by e-mail or, at the latest, by delivering the goods.
2.4 The contract shall only be concluded for those items which are expressly listed in our invoice, the order confirmation or the dispatch confirmation. This also conclusively determines the scope of performance.
3 Prices and terms of payment
3.1 All prices are gross in Swiss francs (CHF) including VAT, any recycling fees and copyright levies. We reserve the right to make changes to the prices, conditions and vintages indicated on the website, the effective date being the date of the order.
3.2 Any transport costs will be charged separately.
3.3 Payment of the purchase price shall be made either by credit card (VISA, Mastercard, AMEX), postcard, Postfinance, TWINT, DIRECTebanking.com, PayPal, invoice (subject to creditworthiness) or prepayment, as far as available.
3.4 All electronic payment methods will be charged immediately. 4mybaby reserves the right to supply existing customers and customers with insufficient creditworthiness only by prepayment.
Purchase on account with instalment facility (PowerPay)
With PowerPay - Invoice you can easily pay your online purchase by invoice with instalment facility. MF Group / PowerPay offers the payment method "Payment by invoice" as an external payment service provider. When the purchase contract is concluded, PowerPay takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept the General Terms and Conditions of PowerPay in addition to our General Terms and Conditions. (powerpay.ch/en/agb).
Please note that in the case of partial payment, an administration fee will be charged from the second invoice onwards, and in the case of partial and late payment, further fees will be charged in accordance with PowerPay's terms and conditions.
Please note that the invoice will be sent to your specified e-mail address as soon as the order has been dispatched in full. If an invoice cannot be sent for technical reasons, you will receive the invoice by post with an additional fee from PowerPay.
3.5 You as the customer are only entitled to rights of set-off or retention insofar as the claim has been legally established or is undisputed. This does not affect your counter rights in the event of defects in the delivery.
4. delivery conditions/collection conditions
4.1. 4mybaby restricts deliveries to the territory of Switzerland and the Principality of Liechtenstein. Delivery will be made directly to the delivery address and contact person provided by the purchaser.
4.2 Delivery is subject to the condition of timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters as well as in the event of a suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturing companies or third parties.
4.3 If not all ordered goods are in stock, we are entitled to make partial deliveries. Should it transpire after conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the seller is not responsible, the customer shall be entitled to withdraw from the contract.
4.4 Our performance is a debt to be discharged and is fulfilled upon handover to the carrier. After dispatch, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We shall not be liable for any fault on the part of the transport company used.
4.5 The delivery times stated in the online shop or in our order confirmation in accordance with Clause 2.3 are calculated from the time of our order confirmation.
4.6 If a parcel cannot be delivered or cannot be collected through the fault of the customer, any shipping costs paid plus a handling fee of CHF 10 or CHF 15 (bulky goods) will be charged.
4.7 Orders placed for collection in our shop must be collected within 14 days. The payment and return period begins on the day the order is placed. If the order or the goods are not picked up from us within 14 days, the goods will be credited to the customer in the form of a voucher minus the handling costs of CHF 20.00.
The return period can be extended at any time within the collection period in writing by e-mail.
5. retention of title
5.1 The delivered goods remain the property of 4mybaby AG until full payment has been received. The latter is entitled to make a corresponding entry in the retention of title register. If the customer defaults on payment of the purchase price, 4mybaby AG is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.
6. obligation to examine and give notice of defects, liability for defects
6.1 The customer is obliged to inspect the delivered products as soon as it is feasible in the normal course of business and to notify our customer service immediately of any defects detected at firstname.lastname@example.org. If the customer fails to do so, the customershall be deemed to be in breach of contract.If you fail to do so, the products shall be deemed to have been approved. Approval shall be deemed to have been given in any case unless the customer has submitted a notice of defects by e-mail to customer service within 5 days of delivery.
6.2 Defects which were not recognisable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after discovery by e-mail to email@example.com, otherwise the ordered products shall also be deemed to have been approved with regard to these defects.
6.3 The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The transport costs incurred shall be borne by the customer.
6.4 We provide warranty by rectifying defects. This shall be done at our discretion either by subsequent performance, i.e. elimination of a defect (rectification) or delivery of a defect-free item (replacement). Replaced products become the property of the seller.
6.5 If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. A right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims competing with the warranty rights, be they claims based on contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO.) etc.
6.6 Normal wear and tear as well as the consequences of improper handling or damage as well as manipulation of the product by the buyer or third parties as well as defects attributable to external circumstances are not covered by the warranty. In particular, worn, soiled or damaged articles are excluded from the warranty.
6.7 The customer only receives further guarantees in the legal sense from 4mybaby for specific products and after individual agreement. Manufacturer guarantees remain unaffected by this. The customer's warranty claim expires in the event of repairs by unauthorised service centres. The warranty certificate and/or proof of purchase (invoice) must be kept in a safe place. In the absence of the same, any warranty claim shall become invalid.
6.8 The seller accepts no liability for the descriptions of third parties, in particular customers in the context of the customer reviews published in the online shop or on our social media sites.
6.9 The seller accepts no liability for colour deviations. The customer may, however, exchange or return the product at any time.
7. right of return
7.1 The customer may return the goods received without giving any reason within two weeks by returning the goods. The period begins after receipt of the goods. Only in the case of goods that cannot be sent by parcel post (e.g. bulky goods) can the customer also declare the return by requesting the return of the goods in text form.
7.2 The timely dispatch of the goods or the return request is sufficient to meet the deadline. The return or the request for return must be sent to:
7.3 The goods must be returned in their original packaging, complete with all accessories and accompanied by the completed delivery note/return note and any warranty certificate. Sealed and plastic-welded products can only be returned in unopened condition. Any seal must not be broken. Foodstuffs are excluded from the right of return.
7.4 In the event of an effective return, the services received by both parties must be refunded and any benefits derived (e.g. advantages of use) must be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. Returns are to be sent back to us at the customer's expense.
7.5 The shipping costs of the order will not be refunded in the event of a return.
8. guarantee and liability (bring-in/send-in guarantee)
8.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal basis on which they are made, are conclusively regulated in these GTC. Other claims of the buyer - irrespective of the legal ground - are excluded to the extent permitted by law. The Seller, its auxiliary persons and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Buyer.
9 Intellectual property
9.1. 4mybaby reserves all rights to every design, text and graphic on its website. Copying or other reproduction, of the entire website or parts of this website is only permitted for the purpose of placing an order with 4mybaby.ch. The name 4mybaby, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or trade dress of 4mybaby. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. 4mybaby reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of 4mybaby AG before passing them on to third parties.
10. data protection
10.1 The collection and processing of the customer's personal data by 4mybaby is explained in the data protection declaration. This forms an integral part of the contract of these GTC. The data protection declaration is available at http://www.4mybaby.ch/datenschutz-i-107.html.
11. final provisions
11.1 Should individual provisions of these GTC be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible valid provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued thereby.
11.2 All amendments or additions to these GTC require a form which allows proof by text, such as fax and e-mail. This also applies to an amendment of the written form requirement. As soon as the customer makes use of the seller's services after the amendment, he implicitly agrees to the new GTC. The respective binding version of the GTC can be viewed and printed out at http://www.4mybaby.ch/AGB.pdf.
11.3 Any other contractual terms and conditions of the customer, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and to the extent that they have been expressly accepted by the seller in writing.
12 Jurisdiction and applicable law
12.1 Swiss law shall apply exclusively, to the exclusion of the conflict-of-law rules of the Vienna Sales Convention. The place of jurisdiction shall be the ordinary courts at the registered office of the seller.
Telephone +41 (0) 55 460 28 28
(Monday to Friday from 9:00 to 17:30)
Fax +41 (0) 55 460 28 27