Terms of service
EN
-------------------------------------------------------
General Terms and Conditions with Customer Information
-------------------------------------------------------
Our business activities are based exclusively on Swiss law.
Price changes reserved at any time.
Prices per piece in CHF/EUR, incl. VAT.
Minimum order quantity:
None
Returns: 20 days.* Excluded: gift cards, opened socks
Purchase on invoice with partial payment option (POWERPAY)
MF Group / POWERPAY offers the payment method “purchase on invoice” as an external payment service provider. With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month.
When the purchase contract is concluded, POWERPAY assumes the resulting invoice claim and handles the corresponding payment modalities. When purchasing on invoice, you accept, in addition to our Terms and Conditions, the Terms and Conditions of POWERPAY, which you can find here. (powerpay.ch/de/agb).
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of PeachyPassion AG (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the order process.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after submission of their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If the payment method “PayPal Express” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the payment method during the online order process, they also issue a payment order to PayPal by clicking the button that completes the order process. For this case, the Seller hereby declares acceptance of the Customer’s offer at the point in time at which the Customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before sending their order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.
2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser’s zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal of 20 days.
The refund is made to the payment method. Excluded are socks and gift cards.
3.2 Right of withdrawal / returns
Articles can be returned within 20 days after receipt.
If the address provided by the Customer is not correct, we reserve the right to pass on any resulting multiple postage costs.
Important: Our customers expect flawless, unused goods, therefore in the case of used, washed, dirty, smoke-smelling or damaged returns, we cannot take the goods back, therefore no refund will be made in this case.
Returns of articles / gifts purchased in the "Buy 3, Pay 2" sale
If, after a return, there are not enough articles left to meet the "Buy 3, Pay 2" condition, the 100% discount on the cheapest article in the order expires because the condition for the promotion is no longer met. Gifts with a minimum order value will, if the order value falls below the required minimum, be offset with the amount or charged.
3.3 Cancellation: Orders that have already been handed over for shipping can no longer be cancelled.
Articles that are not available may be cancelled by us.
Pre-orders that are already being processed can no longer be cancelled. This is the case when the Re-Stock has already arrived. Cancellation after placing a pre-order cannot be guaranteed.
We ship every order as quickly as possible, if possible, on the same day, except explicit pre-orders, therefore cancellation after placing an order cannot be guaranteed.
4) Prices and payment conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.3 When paying by means of a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: “Shopify”). The individual payment methods offered via Shopify are communicated to the Customer in the Seller’s online shop. Shopify may use further payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately informed if applicable. Further information about "Shopify Payments" is available on the internet at https://www.shopify.de/payments.
4.8 If a payment method offered via the payment service "mollie" is selected, payment is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via mollie are communicated to the Customer in the Seller’s online shop. Mollie may use further payment services to process payments, for which special payment conditions may apply and to which the Customer may be separately informed if applicable. Further information about "mollie" is available on the internet at https://www.mollie.com/de/.
4.9 If the payment method purchase on invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7(seven) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.
4.10 If the payment method purchase on invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on invoice only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop. The Seller further reserves the right to carry out a credit check when selecting the payment method purchase on invoice and to reject this payment method in the event of a negative credit check.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for outward shipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in this regard in the Seller’s withdrawal instructions applies in the event of effective exercise of the right of withdrawal by the Customer.
5.3 If a package has been delivered according to the delivery proof of Swiss Post, but the Customer states that it has not arrived, there is no entitlement to a renewed shipment/or a refund, unless the package is returned to PeachyPassion by the post or a third person.
6) Retention of title
If the Seller makes advance performance, the Seller retains ownership of the delivered goods until the owed purchase price has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased goods are defective, the provisions of statutory liability for defects apply.
7.2 The Customer is requested to complain to the delivery company about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this has no effect whatsoever on their statutory or contractual claims for defects.
8) Newsletter and other matters
Newsletter list. You can unsubscribe at any time. To do so, please send a letter to our company address or an e-mail with the objection to support@peachypassion.ch. Alternatively, there is a link at the bottom of the e-mail.
E-mails in special situations / occasions: We reserve the right to send marketing e-mails and SMS to stored e-mail addresses/numbers in special situations/for special deals/events. Objection can be made at any time. To do so, please send a letter to our company address or an e-mail with the objection to support@peachypassion.ch. Alternatively, there is a link at the bottom of the e-mail.
9) Affiliate codes
The affiliate codes issued to influencers are intended for social media promotions on the channels of the respective influencer or personal distribution, e.g. in the studio or with friends. Distribution via generally accessible voucher sites is not permitted. This makes the code invalid. Any unconfirmed credit expires at that point with immediate effect.
10) Retention of title
The delivered goods remain our property until full payment.
In the event of non-fulfilment of the payment conditions, the guarantee expires.
11) Guarantee
2 years guarantee on all products.
Excluded are excessive wear, improper use and natural wear and tear.
If there is strong suspicion of one of the reasons stated above, we cannot send a free replacement.
12) In case of doubt, prepayment only
If there are doubts about a Customer’s creditworthiness, we reserve the right to ship only against prepayment.