Terms and Conditions

General terms and conditions of Yay Kids GmbH

1. Scope

These General Terms and Conditions (“GTC”) apply to the entire business area of ​​Yay Kids GmbH (hereinafter “Company”). The company sells clothes and accessories for children through an online shop.

2. Conclusion of contract

The contract is concluded through the customer's acceptance of the company's offer regarding the purchase of products.

The contract is concluded in any case when the customer orders the products offered by the company via the company's online shop or buys them directly.

3. Prices

Unless otherwise stated, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT).

The prices are exclusive of any other applicable taxes.

The prices do not include shipping costs.

The company reserves the right to change prices at any time. The prices valid at the time of conclusion of the contract on the company's website apply.

4. Payment

The company offers the customer the following payment options: credit card, PayPal, Twint and purchase on account.

Since the company offers products for sale via an online platform, it can also request payment electronically as part of the ordering process (credit cards or Paypal).

Purchase on account with partial payment option (POWERPAY)

Offsetting the invoiced amount against any claim the customer may have against the company is not permitted.

The company has the right to refuse or cancel delivery or service provision in the event of late payment.

5. Age limit

By accepting these General Terms and Conditions, the customer confirms that he meets the required age limit to purchase 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 delivery on time is not possible, the customer will be informed by the company within 5 (five) working days of receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the place of performance is agreed to be the company's registered office. The company fulfills the obligation by handing over the ordered products to the agreed carrier. If no freight forwarder is agreed, the company is free to choose a freight forwarder. The agreed delivery costs may not be increased by the choice of carrier.

All deliveries under these terms and conditions are made ... (Incoterms 2010).

6.2. Support persons

The parties have the express right to call in auxiliary persons to carry out their contractual obligations. You must ensure that the assistance of the assistant is in compliance with all mandatory legal provisions and any collective employment agreements.

7. Exchange

The customer is entitled to exchange products within 10 (ten) days of receipt. However, the products must be in their original packaging and unused. The customer must bear the costs of return and exchange.

An exchange is only possible for products that were not specifically made for the customer.

8. Warranty

The Company warrants 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 has the right to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins again for the repaired element; the original warranty period continues for the remaining elements of the product.

9. Liability

Liability for any indirect damage and consequential damage is completely excluded.

Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for assistants is completely excluded.

10. Intellectual property rights

The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner.

Neither these General Terms and Conditions nor associated individual agreements contain the transfer of any intellectual property rights unless this is explicitly mentioned.

In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless it is explicitly approved by the company.

If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no third party property rights are violated.

11. Data Protection

The company may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. The company takes the measures necessary to secure the data in accordance with legal regulations. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to them or third parties upon order of courts or authorities. If the customer has not expressly prohibited this, the company may use the data for marketing purposes. The data necessary to fulfill the service can also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection regulations apply.

12. Changes

These Terms and Conditions may be amended by the Company at any time.

The new version will come into force 30 (thirty) days after it is posted on the Website by the Company.

In principle, the version of the General Terms and Conditions that is in force at the time the contract is concluded applies to customers. Unless the customer has agreed to a newer version of the General Terms and Conditions.

13. Priority

These General Terms and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these General Terms and Conditions take precedence over these General Terms and Conditions.

14. Severability clause

Should a provision of this contract or an attachment to this contract be or become invalid, this will not affect the validity of the rest of the contract. The contracting parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same also applies to any contractual gaps.

15. Confidentiality

Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services confidentially. This obligation remains even after the termination of the contract.

16. Force Majeure

If timely fulfillment by the company, its suppliers or engaged third parties is prevented as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or . Reactor damage and delivery bottlenecks are impossible, so the company is released from fulfilling the affected obligations for the duration of the force majeure and a reasonable start-up time after it ends. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company must fully reimburse the customer for any fees already paid.

Any further claims, particularly claims for damages as a result of vis major, are excluded.

17. Agents and Distributors

The customer acknowledges that any sales partners or agents work independently and therefore independently of the company and that any potential claims must be asserted against them directly. The company is in no way liable for breaches of contract by any agents and sales partners.

18. Applicable law/place of jurisdiction

These terms and conditions are subject Swiss law. Unless there are mandatory legal provisions, the court is on Head Office responsible. The company is free to file a lawsuit at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) becomes explicit excluded.

19. Second Hand Sales Yay Closet

19.1. Offer for clothing
The goods must be washed and in perfect condition. The seller sends the company information about the clothing, accessories and home items, etc. by email and receives a price proposal. The contract is concluded through the company's acceptance of the company's offer regarding the sale of the customer's products. If the buyer accepts the offer, the company uploads the products to its Yay Closet platform and offers them for purchase.

19.2. Sales & Payouts
The payment of the confirmed sales price (including shipping costs) to the seller of the goods takes place immediately after the company has sold the goods and received the money from the buyer of the goods. The agreed sales price will be paid out in the form of a voucher for the online shop yaykids.ch. 

19.3. Delivery & delivery costs
The buyer's delivery address will be sent to the seller by email by the company. The seller is responsible for delivery to the buyer. The buyer assumes the shipping costs in full and pays them directly when purchasing the goods from the company. The company's liability will be in the event of fraud by the seller or loss in transit completely excluded.. 

19.4. Branded goods
The company only accepts brands that it offers in the online shop and does not accept plagiarism or counterfeit branded items. If these are offered to the company and not recognized by the latter, the seller is liable for any damage caused to the company.