Terms of service

Terms and Conditions of Jinny Joes Wohn- & Küchenaccessoires GmbH

1. Scope
These Terms and Conditions (“Terms”) 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 contract is concluded when the customer accepts the Company’s offer for the purchase of products. In any case, the contract is concluded when the customer orders or directly purchases products offered by the Company via the Company’s online shop.

3. Prices
Unless otherwise offered, all prices are in Swiss francs (CHF). All prices include value added tax (VAT), exclude any other applicable taxes and exclude shipping costs. The Company reserves the right to change prices at any time. The prices shown on the Company’s website at the time the contract is concluded apply. If a commission has been agreed, it is owed when the Company has fulfilled its obligations. Whether the end customer pays the customer has no influence on the creation and due date of the commission; the Company’s fulfilment of its obligations is decisive.

4. Payment
The customer is obliged to pay the invoiced amount within 10 (ten) days from the invoice date. If the invoice is not paid within this payment period, the customer will receive a reminder. If the customer does not pay within the reminder period, the customer will automatically be in default. From the time of default, default interest of 5% (five percent) is owed. The Company reserves the right to require advance payment at any time without stating reasons. If the Company offers products via an online platform for purchase, rental or other use, it may also require electronic payment during the order process (credit cards, PayPal or other payment systems). Offsetting the invoiced amount against any claim of the customer against the Company is not permitted. In the event of late payment, the Company is entitled to refuse delivery or provision of services.

5. Obligations of the Company
5.1 Delivery / delivery dates
Delivery is made within 5 (five) working days after receipt of the order. If timely delivery is not possible, the Company will inform the customer within 3 (three) working days after receipt of the order and communicate the new delivery date. Unless otherwise agreed, the registered office of the Company is agreed as the place of performance. The Company fulfils its obligation by handing over the ordered products to the agreed carrier. If no carrier has been agreed, the Company may choose a carrier. The agreed shipping costs may not be increased by the choice of carrier.
5.2 Auxiliary persons
The parties expressly have the right to involve auxiliary persons to fulfil their contractual obligations. They must ensure that the involvement of such auxiliary persons complies with all mandatory legal provisions and any collective employment agreements.

6. Acceptance
If the products or services require acceptance, this shall be carried out in accordance with the Company’s separate acceptance document attached to these Terms.

7. Return and refund policy
Goods may be returned within 30 days after receipt with a description of the reason for return. For logistical reasons, returns will only be processed if the completed Jinny Joes return form is enclosed with the return. Only goods that are complete, completely undamaged and in perfect condition will be accepted. Soiled, damaged, unpleasant-smelling and used products cannot be accepted. The goods must be returned in the undamaged original packaging (exception: coir doormats in fabric packaging). All original labels must be attached to the product. Otherwise, the Company reserves the right to assert claims for compensation. The return of the goods is at the customer’s responsibility and expense. Shipping costs are not refunded.
Exchanges of products are generally excluded. Gift vouchers and all items from Hello Sue are excluded from the right of return.
For payments by TWINT, PayPal or credit card, the refund will be made to the corresponding TWINT, PayPal or credit card account. For advance payment, the Company requires the IBAN of the customer’s bank/post account to which the refund should be made. Shipping costs are not refunded. If, after the return, the order invoice amount is less than CHF 99.00, the shipping costs incurred for the order will be invoiced or deducted from the refund amount.

8. Warranty
The statutory warranty provisions apply. The Company provides the above warranty for a maximum period of 24 (twenty-four) months. Any defect must be reported to the Company in writing within 5 working days of receipt of delivery. The Company may decide whether the defective product is repaired or replaced. Only if replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. Claims for reimbursement of costs for third-party repairs are excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period starts again for the repaired element; for the remaining elements of the product, the original warranty period continues. The customer bears the costs of returning the goods.

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 must report any damage to the Company within 5 days of delivery. 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 the Company is authorised by the owner to use them. Neither these Terms nor related individual agreements transfer any intellectual property rights unless this is explicitly stated. Any further use, publication or making available of information, images, texts or other material received by the customer in connection with these provisions is prohibited unless explicitly approved by the Company. If the customer uses content, texts or images in connection with the Company that are subject to third-party rights, the customer must ensure that no third-party rights are infringed.

11. Data protection
The Company may process and use the data collected in connection with the conclusion of the contract to fulfil its contractual obligations. 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, by order of courts or authorities, the Company may be obliged and entitled to disclose customer information to them or to third parties. Unless the customer has expressly prohibited it, the Company may use the data for marketing purposes. Data required to fulfil the service may also be passed on to commissioned service partners or other third parties. The privacy policy also applies.

12. Changes
These Terms may be changed by the Company at any time. The new version takes effect 30 (thirty) days after notification by the Company. For customers, the version of the Terms in force at the time the contract was concluded generally applies, unless the customer has agreed to a newer version.

13. Priority
These Terms take precedence over all older provisions and contracts. Only provisions in individual contracts that further specify the provisions of these Terms take precedence over these Terms.

14. Severability clause
If any provision of this contract or an annex to this contract is or becomes invalid, the validity of the remainder of the contract is not affected. The 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 and their auxiliary persons undertake to treat as confidential all information submitted or acquired in connection with the services. This obligation continues after termination of the contract.

16. Force majeure
If timely fulfilment by the Company, its suppliers or third parties involved is prevented due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, non-availability of products from suppliers or deliveries abroad, the Company is released from the affected obligations for the duration of the force majeure and for a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company must fully refund any payment already made by the customer. Any further claims, in particular claims for damages due to force majeure, are excluded.

17. Agents and distribution partners
The customer acknowledges that any distribution partners or agents operate independently of the Company and that any potential claims must be asserted directly against them. The Company is not liable in any way for breaches of contract by any agents or distribution partners.

18. Applicable law / place of jurisdiction
These Terms are governed by Swiss law. Unless mandatory statutory provisions take precedence, the court at the registered office of the Company has jurisdiction. The Company may also bring an action at the defendant’s place of residence or registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.