Terms and Conditions
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between Mood TM (hereinafter referred to as "Mood TM", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for products (hereinafter referred to as "products" or "goods") purchased via our website [ ■ ] (hereinafter referred to as "online shop" or "website").
The online shop is operated by:
Mood TM
Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Any conflicting conditions of the customer will not be recognized.
Mood TM reserves the right to change these Terms and Conditions at any time. All changes will take effect when the new Terms and Conditions are published on the website. When purchasing a product, the relevant date for the applicability of the valid Terms and Conditions is the date on which the binding order is placed with us.
Please read these terms and conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years old.
2. Conclusion of a purchase agreement
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online shop. Mood TM expressly reserves the right to change the products themselves as well as the content, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for information purposes only and are not binding for Mood TM.
The customer can place a binding order for the products he has selected via our online shop. The customer can put the products he has selected into the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the button [«order with payment »] on the order page at the end of the order process. Before submitting the order, the customer can change and view the information at any time, identify any input errors and correct them if necessary before the final binding submission of the order.
An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of your order and our terms and conditions that you accepted during the ordering process. The confirmation email only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By submitting the order, you confirm that you have read the terms and conditions and agree to them without reservation. We recommend that you print out the terms and conditions for the purpose of online ordering and your documentation or save them on your computer.
After you have placed a binding order, Mood TM is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by email and without assuming any liability to you or third parties. We will refund any payment already made if the order is cancelled. Reasons for rejecting an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment or if there is reason to believe that the customer is acting in violation of these Terms and Conditions, individual contracts, fraudulent or other criminal activities or for another important reason.
When the order is accepted, a binding purchase contract is created with the customer. This acceptance occurs when the ordered products are dispatched.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and performance reservation for non-deliverable products
All information regarding the availability, shipping and delivery of a product is preliminary information and approximate. It does not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipping or delivery is expressly excluded.
Our products are available as long as our stocks last. If Mood TM discovers when processing your order that the products you have ordered are not available, we will inform you immediately. In this case, no contract for the unavailable products will be concluded because the ordered products cannot be delivered.
We also reserve the right to limit the number of items that can be purchased by a customer. In such case, we will notify the customer accordingly by email.
4. Prices and shipping costs
Our products and prices correspond to those indicated on the website. All prices are in CHF (Swiss francs) and include the statutory value added tax (VAT) of 7.7%. The total price of your order, including all additional and shipping costs, is displayed at the end of the order process. For shipping to countries outside Switzerland, additional customs fees may apply. These are not included in the price and must be paid by the customer.
By placing a binding order, you declare that you agree to the total price for the products ordered. After the binding order, the price can no longer be adjusted.
Mood TM reserves the right to change prices at any time. Products will be invoiced based on the prices offered at the time the binding order is placed.
5. Payment terms/credit check
Orders are generally due for payment immediately.
The customer has the option of paying using the payment methods displayed on the website or during the ordering process. These may change from time to time and from country to country. We also reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to protect our credit risk, only those that correspond to the respective creditworthiness). Mood TM is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.
By choosing the payment method, the customer authorizes the payment either by entering the credit card details or access data of a payment service provider. The customer authorizes Mood TM to collect or collect payments in the appropriate way. If chargebacks occur, Mood TM is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Mood TM is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for the debit and the address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If the payment is refused, Mood TM reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
6. Delivery conditions
Delivery is generally made via the delivery service of Swiss Post AG. The costs incurred must be paid in advance by the buyer.
The products you order from our online store that are in stock will be delivered to you within [ 6-8 ] business days after receiving full payment, depending on the destination. You can use [ the tracking number ] to track the current location of your order.
If the products are marked as out of stock when ordering, Mood TM will endeavour to deliver the products as quickly as possible. Mood TM will make every effort to adhere to the stated delivery times. However, Mood TM is not responsible for delivery delays, regardless of their cause. We will inform you immediately of any delivery delays that occur.
If the impediment to performance lasts more than [ 3 ] weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.
If the delivery of the product fails due to the customer's fault [despite [three] delivery attempts, Mood TM may withdraw from the contract. ] Any payments made will be refunded immediately.
7. Retention of title
Mood TM remains the owner of the delivered products until they have been paid for in full.
8. Right of withdrawal and return
requirements
For all purchases of our products via our online shop (with the exception of certain products; see the cancellation restrictions below), you as a consumer have a right of cancellation within 14 days of receiving the products without giving any reason. You or a third party named by you who is not the carrier can withdraw from the contract within 14 days of receiving the goods by returning the goods to us or by informing us of your decision to cancel the contract in writing (e.g. a letter sent by post, e-mail or fax). The 14-day return period begins on the day after receipt of the goods and is met if the goods or the cancellation notice are handed over to the post office or another transport company on the last day for return or shipping.
The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return slip must be returned to the following address:
Mood TM, Frank-Buchserstrasse 3, 4532 Feldbrunnen.
Follow
If you cancel the contract and return the goods properly, we will refund the total price you paid, excluding delivery costs (with the exception of the costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract or the goods were received by us. The refund will be based on the payment method originally used and will always be made to the associated account that was used for payment, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. Please ensure that you have access to the specified account, as Mood TM accepts no liability in this regard.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You only have to pay for any loss of value of the goods if this loss of value is due to handling which is not necessary to check the quality, properties and functioning of the goods.
withdrawal restrictions
The right of withdrawal does not apply to contracts for the delivery of products that have been customized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, customized products) or if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
9. Notice of Defects/Warranty
Mood TM warrants that the goods correspond to the promised properties and have no defects that impair their value or suitability for the intended use.
After receiving the products, the customer must immediately check them for correctness, completeness and any damage. Errors or damage must be reported to Mood TM within [ 5 ] working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after they are discovered. If you do not check the defect or report it immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us.
The statutory warranty regulations against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Products that have been damaged through the buyer's own fault (damaged, not in original packaging, label detached) are excluded from the warranty.
The customer's warranty claims are limited to [ replacement delivery or remedy of defects/repair to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages ]. Mood TM decides at its own discretion whether to deliver a replacement or make improvements. If the replacement or improvement fails, the customer is entitled to withdraw from the contract in the event of significant defects.
For complaints or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
Mood TM, Frank-Buchserstrasse 3, 4532 Feldbrunnen, info@moodtm.ch
The faulty product must be returned to the Mood TM address above, along with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. Please have your return confirmed and keep this confirmation, as in the event of a package loss, your warranty claim cannot be processed.
10. Registering for an Account
When you register a customer account, you can [ view information about your completed, open and recently shipped orders and manage and save your address details, any payment details and any newsletter ]. Since your data is saved, you do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat your personal access data confidentially and not to make it available to unauthorized third parties. Mood TM guarantees that it will treat your data confidentially and will not pass it on to unauthorized third parties. For further information on data protection, please refer to our privacy policy.
Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and to warn, block, delete or change the content of registered customers who violate these terms and conditions or individual agreements.
Mood TM is not obliged to accept the registration or order of a registered customer.
11. Claims and complaints
We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided at the beginning. We aim to examine your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your input or complaint. If you have any claims or complaints, please help us by telling us the exact problem or signs of error and, if necessary, provide a copy of the order documents or at least indicate the order number, customer number, etc. We aim to respond to you within [ 5 ] working days.
12. Liability
In the event of a breach of its own obligations under these Terms and Conditions and the contractual relationships based thereon, Mood TM shall be liable for damages caused and proven by it through unlawful intent or gross negligence. Liability for minor and moderate negligence as well as for indirect and consequential damages, whether based on a contract, a tort or for any other reason, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of Mood TM's services. In addition, Mood TM accepts no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
The above exclusions and limitations of liability do not apply in the event of culpable injury to life, body or health caused directly by Mood TM or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these Terms and Conditions, regardless of the reason and to the extent permitted by law, is limited to the price of the goods that the customer has ordered from us. ]
event beyond our control
If an event occurs that is outside our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these General Terms and Conditions and the contractual relationship based on them. An event outside our sphere of influence occurs, for example, in the following cases:
In the event of strikes, blockades or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, road or other means of public or private transport.
If an event outside our control occurs that affects the performance of our obligations under the contract, we will notify you as soon as possible.
13. Data Protection
Mood TM collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration, which forms an integral part of these terms and conditions.
14. Copyright
The information and content published on the website are protected by copyright and are the property of Mood TM or the respective rights holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. Mood TM and the respective rights holder expressly reserve all rights in this regard.
15. Severability Clause
If any of the provisions of these Terms and Conditions are or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that takes the economic purpose of the provision and the will of the parties at the time the contract was concluded as far as possible into account. The same applies to any gaps in these Terms and Conditions.
16. Online dispute resolution
The European Commission has set up an online platform for alternative dispute resolution for consumers residing in the EU, which provides an out-of-court procedure for resolving all disputes relating to and arising from online sales contracts. You can use this platform to resolve disputes arising from the online contract concluded with us. The platform is available at the following link http://ec.europa.eu/consumers/odr/ available.
17. Applicable law and place of jurisdiction
These General Terms and Conditions, the contractual relationships based thereon and any disputes shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Mood TM or the customer's place of residence. For legal persons, the registered office of Mood TM is the sole place of jurisdiction.
These provisions shall only apply to the extent that there are no mandatory provisions of the law of the country in which the consumer has his or her habitual residence which take precedence over these General Terms and Conditions.
sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to:
Mood TM
Skyfter Kabashi, Frank-Buchserstrasse 3, 4532 Feldbrunnen, info@moodtm.ch
I hereby revoke the contract I concluded for the purchase of the following goods:
______________________________ ____________________________ _______________
Ordered on: Received on:
_____________________________ __ ______________________________ ____
Name of the consumer(s)
address of the consumer(s)
place and date
Signature of the consumer(s):
(*) Delete as appropriate