Terms and Conditions
General Terms and Conditions of J&J Collective GmbH
1. Scope
These General Terms and Conditions ("GTC") apply to the entire business area of J&J Collective GmbH (hereinafter "Company"). The company sells clothing and accessories for children via an online shop.
2. Conclusion of Contract
The contract is concluded by acceptance of the company's offer regarding the purchase of products by the customer.
The contract is concluded in any case when the customer orders or directly purchases the products offered by the company via the company's online shop.
3. Prices
Subject to other offers, all prices are in Swiss Francs (CHF). All prices include any applicable value-added tax (VAT).
Prices are exclusive of any other applicable taxes.
Prices are exclusive of shipping costs.
The company reserves the right to change prices at any time. The prices valid at the time of contract conclusion on the company's website apply.
4. Payment
The company offers the customer the following payment options: credit card and Twint.
Since the company offers products for purchase via an online platform, it may also require payment electronically during the ordering process (credit cards or Twint).
The company reserves the right to refuse or cancel delivery or service provision in case of payment default.
5. Age Limit
By accepting these Terms and Conditions, the customer confirms that they meet the required age limit for purchasing the products offered by the company.
6. Obligations of the Company
6.1. Delivery / Delivery Dates
Delivery takes place within 10 (ten) working days after receipt of the order. If timely delivery is not possible, the customer will be informed by the company within 5 (five) working days after receipt of the order and the new delivery date will be communicated.
Subject to any other agreement, the place of performance is agreed to be the company's registered office. The company fulfills its obligation by handing over the ordered products to the agreed carrier. If no carrier is agreed upon, the company is free to choose a carrier. The agreed delivery costs must not be increased by the choice of the carrier.
All deliveries under these GTC are made ... (Incoterms 2010).
6.2. Auxiliary Persons
The parties have the explicit right to engage auxiliary persons to fulfill their contractual obligations. They must ensure that the engagement of auxiliary persons complies with all mandatory legal provisions and any collective labor agreements.
7. Exchange
The customer has the right to exchange products within 14 (fourteen) days of receipt. However, the products must be in their original packaging and unused. The customer bears the costs of return and exchange.
Exchanges are only possible for products that were not specifically made for the customer.
8. Warranty
The company guarantees that the product is free from defects in material and workmanship.
The company guarantees the above for a maximum period of 24 (twenty-four) months.
Any defect must be reported to the company immediately. The company reserves the right to decide whether the defective product will be repaired or replaced. Only if replacement or repair is not possible does the customer have the right to a reduction or refund of the purchase price. Claims for reimbursement of costs for repairs by third parties are excluded. During the repair period, the customer has no claim to a replacement product. The warranty for the repaired item restarts, while the original warranty period continues for the remaining parts of the product.
9. Liability
Liability for any indirect damages and consequential damages is fully excluded.
Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damages to the company immediately.
Any liability for auxiliary persons is fully excluded.
10. Intellectual Property Rights
All rights to the products, services, and any trademarks belong to the company or it is authorized to use them by the owner.
Neither these Terms and Conditions nor related individual agreements include the transfer of any intellectual property rights unless explicitly stated.
Furthermore, any reuse, publication, or making accessible of information, images, texts, or other materials that the customer receives in connection with these provisions is prohibited unless explicitly approved by the company.
If the customer uses content, texts, or visual material in connection with the company that is protected by third-party rights, the customer must ensure that no third-party rights are violated.
11. Data Protection
The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract. The company takes the measures required by law to secure the data. The customer fully agrees to the storage and contractual use of their data by the company and is aware that the company is obliged and authorized to disclose information about the customer to courts or authorities or third parties upon their order. Unless the customer has explicitly prohibited it, the company may use the data for marketing purposes. Data necessary for performance may also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection provisions apply.
12. Changes
These General Terms and Conditions may be changed by the company at any time.
The new version comes into effect 30 (thirty) days after being posted on the company's website.
For customers, the version of the Terms and Conditions that is in effect at the time the contract is concluded generally applies, unless the customer has agreed to a newer version of the Terms and Conditions.
13. Priority
These Terms and Conditions take precedence over all previous provisions and contracts. Only provisions from individual contracts that further specify the terms of these Terms and Conditions take precedence over these Terms and Conditions.
14. Severability Clause
Should any provision of this contract or any annex to this contract be or become invalid, the validity of the remainder of the contract shall not be affected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.
15. Confidentiality
Both parties, as well as their assistants, undertake to treat all information provided or acquired in connection with the services confidentially. This obligation remains in effect even after termination of the contract.
16. Force Majeure
If timely performance by the company, its suppliers, or involved third parties is made impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, and supply shortages, the company shall be released from fulfilling the affected obligations for the duration of the force majeure event and a reasonable start-up period thereafter. If the force majeure lasts longer than 30 (thirty) days, the company may withdraw from the contract. The company must fully refund any fees already paid by the customer.
Any further claims, especially claims for damages due to force majeure, are excluded.
17. Agents and Distributors
The customer acknowledges that any distributors or agents operate independently and thus independently of the company, and any potential claims must be asserted directly against them. The company is in no way liable for breaches of contract by any agents or distributors.
18. Applicable Law / Jurisdiction
These terms and conditions are subject to Swiss law. Unless mandatory legal provisions take precedence, the court at the company's registered office shall have jurisdiction. The company is free to file a lawsuit at the defendant's location. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.