Terms and Conditions
General Terms of Business surpriseBOX GmbH
1. Subject of the agreement
surpriseBOX GmbH sells the ware to the customer subject to the general terms of business shown below. By submitting the order, the customer accepts all parts of these Terms of Business.
2. Contract closure
The contract between the customer and surpriseBOX GmbH comes into existence by the customer's order via the online shop (internet) and the acceptance of the order (confirmation of shipment via e-mail) by surpriseBOX GmbH. surpriseBOX GmbH reserves the right to decline acceptance of an order without stating reasons, and without compensation consequences.
3. Customer account
The customer is responsible for the security of his credentials (email address/password) to the online store and for the restriction of said access. surpriseBOX GmbH cannot be held liable, should a third party gain access to these credentials and use them to access the customer's account unauthorized.
surpriseBOX GmbH reserves the right to lock customer accounts, should a customer use multiple identities to register or violate the terms.
4. Product information
All product information in the online shop of surpriseBOX GmbH is non-binding. In particular, we reserve the right to changes in appearance as well as errors in the descriptions, illustrations and price information.
5. Terms of delivery
The ordered products can only be delivered to addresses in Switzerland or Liechtenstein. Products will be immediately shipped to the delivery address provided by the customer insofar as they are in stock. Shipping (from the warehouse of surpriseBOX GmbH) is performed by Swiss Post.
The customer is responsible for his order following handover to the Swiss Post. If damage occurs on the package during transport to the customer, the customer must contact the postal office immediately upon receiving the parcel and report the damage to the postal office. The customer must send an email to info@babyPALAST.ch with a picture of the broken item, should a product arrive in a broken state.
If a product can no longer be delivered after an order is received, surpriseBOX GmbH cannot be held liable for any costs which were incurred.
surpriseBOX GmbH reserves the right to change shipping types and associated mail shipping costs at any time.
6. Rights of withdrawal / incorrect delivery
The customer shall be entitled to withdraw the contract closure, exchange the ware, or entirely return the order within a period of 14 days after receiving the order.
The customer shall bear the costs of return shipment. The delivered wares must be returned unopened, undamaged, unused, in clean, functional, complete condition, and in flawless original packaging. The customer must enclose a copy of the invoice. The customer must attach his complete address, should he have paid using the credit card, PayPal, TWINT or prepayment.
The product will be returned to the customer, should it not arrive as requested in the previous paragraph. The customer bears the cost of the return shipment in this case. The costs of a broken product because of insufficient packaging must bear the customer.
If the customer has returned the wares in time and in the proper condition, he will receive a new invoice from surpriseBOX GmbH via email. If the invoice was already paid, the amount for the returned wares will be credited to the customer's account, and settled/credited against the next order. The credit can be viewed on the customer account at any time after the return shipment has been processed. If the order was paid by credit card/PayPal/TWINT, the credit will be refunded to the respective account.
The customer's credit can at anytime be paid out by surpriseBOX GmbH onto a bank account in Switzerland, no matter what payment method the customer used.
If surpriseBOX GmbH delivers a wrong product, the correct item will be delivered in addition, if in stock. On a case by case basis, it will be decided by surpriseBOX GmbH if the wrong product must be returned. In this case, the return shipment costs will be credited to the customer as a credit on the customer's account (Post Economy shipping). surpriseBOX GmbH cannot be held liable for possibly incurred expenses.
7. Guarantee and liability
We assume no guarantee on any items. surpriseBOX GmbH cannot be held liable for product defects and their consequences; expenses will not be compensated to the customer. All products leave our warehouse in flawless condition.
surpriseBOX GmbH cannot be held liable for possible allergic reactions.
8. Payment terms
All prices are in Swiss Francs, including VAT.
Customers can only purchase on account if the credit check (by Intrum Justitia AG) was successfully performed and the order value does not surpass CHF 200.00. When ordering on credit, payment must always be made net, without own deductions, within 10 days from the invoice date. Unpermitted deductions will be subsequently billed. surpriseBOX GmbH can warn the customer. A reminder fee of CHF 10.00 will be charged starting at 40 days after the invoice date if payment has not been made to surpriseBOX GmbH. Collection will be initiated starting at 60 days after the invoice date if payment has not been made to surpriseBOX GmbH. The customer shall bear all costs incurred as a result.
Charges for late payment: a) Reminder fee of CHF 30 (after 50, 70 and 90 days from the invoice date) b) Processing fee (from 80 days after the invoice date at the earliest, upon transfer to a debt collection agency) depending on the receivable amount in CHF: 30 (up to CHF 100 receivable amount); 60 (up to 200); 90 (up to 300); 120 (up to 400); 150 (up to 500); 180 (up to 1,000); 280 (up to 2,000); 380 (up to 4,000); 10% of the receivable (above 4,000).
When ordering with advance payment, the customer must make payment within 7 days; otherwise the order will be cancelled.
Additionally the customer can choose another available payment method. surpriseBOX GmbH reserves the right to change the payment terms at any time.
9. Reservation of ownership
Delivered wares remain the property of surpriseBOX GmbH until paid in full. If the customer becomes late with payment of the purchase price, surpriseBOX GmbH shall be entitled to withdraw from the purchase agreement (withdrawal declaration) and repossess the wares.
10. Data protection
surpriseBOX GmbH obligates itself not to pass customer data on to third parties, and only uses customer data for the ordering and invoicing process, and for evaluation purposes.
11. Legal venue and applicable law
These General Terms of Business and the contracts which come into existence based on them are subject to Swiss law. The legal venue is 3116 Kirchdorf. The company surpriseBOX GmbH reserves the right to sue the customer at the domicile of surpriseBOX GmbH in the event of disputes.
12. Final clause
When selling the wares specified by surpriseBOX GmbH, only the General Terms of Business in the version which is valid at the time of contract closure shall apply. In particular, these General Terms of Business shall also apply if they differ from those of the customer. If individual regulations of these General Terms of Business are or become invalid, this shall not affect the legal validity of the remaining regulations.
Version of: 01.07.2017