Conditions of Use

General Terms and Conditions of Jinny Joes Wohn- & Küchenaccessoires GmbH

1. Scope
These general terms and conditions ("Terms and conditions") apply to the entire business area of Jinny Joes Wohn- & Küchenaccessoires GmbH (hereinafter "company"). Jinny Joes Wohn- & Küchenaccessoires GmbH operates an online shop at www.jinnyjoes.ch.

2. Conclusion of contract
The conclusion of the contract comes about through the acceptance of the company's offer regarding the purchase of products by the customer.
In any case, the contract is concluded when the customer orders the products offered by the company via the company's online shop or buys them directly.

3. Prices
Subject to other offers, all prices are in Swiss francs (CHF). All prices include Value Added Tax (VAT).
Prices are exclusive of any other applicable taxes.
The prices do not include Shipping & handling.
The company reserves the right to change prices at any time. The prices valid on the company's website at the time the contract was concluded shall apply.
If a commission has been agreed, this will be owed by the company upon fulfillment of the obligations. Whether the end customer pays the customer has no influence on the origin and due date of the commission; the fulfillment of obligations by the company is relevant.

4. Payment
The customer is obliged to pay the Invoice amount within 10 (ten) days of the invoice date.
If the Invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not pay the Invoice within the set reminder period, he is automatically in default.
From the time of default, the customer owes default interest of 5% (five percent).
The company reserves the right to demand advance payment at any time without giving reasons.
If the company also offers products via an online platform for purchase, rental or other use, it can also request payment electronically as part of the ordering process (credit cards, Paypal or other payment systems).
Offsetting the Invoice amount against any claims the customer may have against the company is not permitted.
The company has the right to refuse delivery or service provision in the event of late payment.

5. Company Obligations
5.1. Delivery / delivery dates
The delivery takes place within 5 (five) working days after receipt of the order. If timely delivery is not possible, the customer will be informed by the company within 3 (three) working days after receipt of the order and the new delivery date will be communicated.
Unless otherwise agreed, the place of performance shall be the company's registered office. The company fulfills 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 the carrier.
5.2. assistants
The parties have the express right to call in auxiliary persons to fulfill their contractual obligations. You must ensure that the auxiliary person is consulted in compliance with all mandatory statutory provisions and any collective employment agreements.

6. Acceptance
If the products or services require acceptance, this is done in accordance with the company's separate acceptance document attached to these Terms and conditions .

7. Return and Refund Policy
Goods can be returned within 10 days of receipt with a description of the reason for the return. For logistical reasons, returns will only be processed if the completed Jinny Joes returns form is included with the return. Only goods that are complete, absolutely undamaged and in perfect condition will be taken back. Dirty, damaged, bad smelling and used products cannot be returned. The goods must be returned in the undamaged original packaging (exception: coconut Doormats in fabric packaging). All original labels must be attached to the product. If this is not the case, the company reserves the right to assert claims for compensation. The return of the goods is at the responsibility and expense of the customer. Shipping & handling are non-refundable.
An exchange of products is generally excluded. Gift Gift certificates and all Hello Sue items are excluded from the right of return.
When paying by TWINT, PayPal or credit card, the refund will be made to the associated TWINT, PayPal or credit card account. When paying in advance, the company requires the IBAN number of the customer's bank/postal account to which the return transfer is to be initiated. Shipping & handling are non-refundable. If the invoice amount of the Order after the return is less than CHF 99.00, the Shipping & handling incurred for the Order will be Invoice or deducted from the refund amount.

8. Warranty
The statutory warranty provisions apply.
The Company guarantees the above for a maximum period of 24 (twenty-four) months.
Any defects must be reported to the company in writing within 5 working days of receipt of the delivery. It is up to the company to decide whether the defective product will be repaired or replaced. The customer is only entitled to a reduction or refund of the purchase price if a replacement or repair is not possible. The claim for 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 anew for the repaired item, while the original warranty period continues for the remaining items of the product. The customer bears the costs for the return himself.

9. Liability
Liability for any indirect damage and consequential damage is completely excluded.
Liability for direct damages is limited to the selling 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 within 5 days of delivery.
Any liability for auxiliary persons 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 Terms and conditions and Conditions nor the associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making accessible of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless it is expressly approved by the company.
If the customer uses content, texts or images in connection with the company to which third parties have property rights, the customer must ensure that no property rights of third parties are violated.

11. Privacy policy
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 required to secure the data in accordance with the statutory provisions. 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 these or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data required for the performance of the service can also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection regulations apply.

12. Changes
These general terms and conditions can be changed by the company at any time.
The new version will come into effect 30 (thirty) days after notification by the company.
For customers, the version of the Terms and conditions and Conditions that is in force at the time the contract is concluded applies. Unless the customer has agreed to a newer version of the Terms and conditions .

13. Priority
These Terms and conditions and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these Terms and conditions and Conditions take precedence over these Terms and conditions and Conditions.

14. Severability Clause
Should a provision of this contract or an enclosure of this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

15. Confidentiality
Both parties, as well as their auxiliaries, undertake to treat all information submitted or appropriated in connection with the services as confidential. 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, product not available from the supplier and deliveries abroad, the company is released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company must reimburse the customer in full for any payment already made.
Any further claims, in particular 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 are therefore independent 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. Governing Law/Jurisdiction
These Terms and conditions are subject to Swiss law . The court at the registered office of the company is responsible unless mandatory statutory provisions apply. The company is free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded .