Last updated: August 8, 2022
General Terms and Conditions of Mimoda.ch
§ 1 Scope of application and business purpose
§ 3 Conclusion of the contract
§ 4 Information on the online ordering process
§ 5 Voluntary right of return
§ 6 Execution of Delivery; Delivery Times; Risk Transfer
§ 7 Retention of Title
§ 8 Redemption of promotional vouchers
§ 9 Prices and Shipping Costs
§ 10 Payment Methods and Conditions
§ 11 Defects
§ 12 Liability
§ 13 Settlement of Disputes
§ 14 Final Provisions
§ 1 Scope and business purpose
Teampsy Ltd liab. Co (hereinafter referred to as “Mimoda.ch” or “supplier”) offers various designer articles (including handbags and accessories) for sale.
These General Terms and Conditions of Business apply to all our deliveries and services (hereinafter: “Deliveries”) to our customers. They apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions or the statutory provisions, unless we have expressly agreed to their validity in writing.
We are not obliged to accept the registration or the order of a registered customer. Likewise, we are not obliged to keep our offer permanently available. Orders that have already been confirmed remain unaffected by this.
We do not offer registration for minors or other persons with limited legal capacity or legal incapacity. Furthermore, registration is only possible for natural persons. You are obliged to notify us immediately of any changes to information requested during registration the next time you use the respective domain.
If incomplete or untrue information is provided during registration or if you fail to report changes, we may exclude you from using our domains with immediate effect. You are obliged to treat your personal access data confidentially and not to make them accessible to unauthorised third parties. Before each order we carry out a credit check to protect our interests.
§ 3 Conclusion of the contract
The presentation of goods on our domains does not constitute a binding offer by the provider to conclude a contract. Our offers are subject to change and non-binding. A contract is concluded by your order and our acceptance. A binding order for the goods contained in the shopping basket is made by electronic transmission of the completed online order form in the Internet shop. You submit the online order form after entering your personal data and the shipping and payment method by clicking the “Place order” button.
We confirm receipt of the order by sending a confirmation e-mail. This order confirmation does not yet represent our acceptance of the contractual offer. It merely serves to inform the customer that we have received the order. The declaration of acceptance of the contract offer is made by an express declaration of acceptance, at the latest, however, with the delivery of the ordered goods. Upon acceptance of the contract, the consumer receives the entire text of the contract together with the legally required information about the contract. We are not obliged to accept online orders. The decision to do so is at our discretion. In principle, articles are only sold in quantities customary in the household.
§ 4 Information on the online ordering process
§ 5 Voluntary right of return
We grant you a voluntary right of return for a total of 7 calendar days from receipt of the goods. With this right of return, you can withdraw from the contract by returning the goods within 7 days of receipt to the address stated below. Timely dispatch is sufficient to meet the deadline. A prerequisite for exercising the voluntary right of return is, however, that the goods have not been used and that you return them complete, in their original condition, intact, without damage and in the original sales packaging including the dust bag or tags.
In the event of a return, please use the following address:
Chemin de Boton 144
If the voluntary right of return is exercised, the refund will be made to the account or credit card used by you for payment.
§ 6 Execution of the delivery; delivery times; transfer of risk
The delivery of the goods shall be carried out by Mimoda.ch or by a shipping partner commissioned by us. The delivery period shall be a maximum of 20 working days from receipt of the contract confirmation.
Notwithstanding any other legal requirements, you may only withdraw from the contract due to a delay in delivery if we are responsible for such delay. In the event of force majeure and other unforeseeable, extraordinary and non-culpable events – for example material procurement difficulties and operational disruptions of more than temporary duration, strike, lockout, lack of means of transport, official interventions, energy supply difficulties, etc., even if these occur with upstream suppliers – the delivery period shall be extended to a reasonable extent if we are prevented from fulfilling our obligation in a timely manner as a result. If the delivery is made impossible or unreasonable by the circumstances mentioned, we can withdraw from the contract. You have the same right if you cannot reasonably be expected to adhere to the contract. However, we shall only invoke the aforementioned circumstances if we have been notified immediately.
We are entitled to make partial deliveries, insofar as this is reasonable for you. We may invoice such partial deliveries separately; the shipping costs for all partial deliveries may not exceed the agreed shipping costs. Your right to withdraw from the entire contract in the event of remaining deliveries not being made on time in breach of duty and culpably, if you have no interest in partial deliveries already made, shall remain unaffected.
The risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover of the goods. The handover is the same if you are in default of acceptance. If you are in default of acceptance, we shall be entitled to demand compensation for the damage incurred, provided that you are responsible for the default of acceptance.
§ 7 Retention of title
Until the purchase price has been paid in full, the goods shall remain the property of the holder of the claim. Subject to the condition precedent of payment of the full purchase price, ownership of the goods shall automatically pass to the customer. Until then, the customer shall be entitled to an expectant right to the transfer of ownership.
§ 8 Redemption of promotion vouchers
Promotional vouchers are issued by us voluntarily as part of promotional campaigns and cannot be purchased. Several promotional vouchers cannot be combined with each other. Promotional vouchers are only valid under the conditions listed on the respective voucher (voucher value, scope of promotion, period of validity, transferability, etc.). Individual brands may be excluded from the voucher promotion. To redeem the promotional voucher, the value of the goods must be at least equal to the value of the promotional voucher. Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting, crediting, cash payment, residual payment or interest payment is not possible. If the credit balance of the promotional voucher is not sufficient for the order, the difference can be made up with the payment options offered by us (see § 10.).
If the ordered goods are returned in whole or in part, the value of the voucher shall not be refunded if no service in return has been rendered.
Mimoda.ch reserves the right to exclude individual persons from promotional vouchers.
§ 9 Prices and shipping costs
The prices listed in the offer at the time of the order shall apply. Unless otherwise stated in the price agreement, our prices are “ex works”, including shipping costs to any address within Switzerland. This excludes any additional fees or costs but including all deductions after the use of promotional vouchers. Our prices include the value added tax (VAT/TVA/MWSt/IVA) valid at the time of invoicing.
§ 10 Payment methods and conditions
We offer you the possibility of an immediate purchase through the following payment methods: direct bank transfer, credit card payment, PayPal. Credit card payments are processed by our payment service provider Stripe (further details at www.stripe.com). Payment by PayPal is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A. (further details on PayPal at www.paypal.com).
§ 11 Defects
If the goods have a defect at the time of the transfer of risk, we shall provide subsequent performance at our discretion by repair or subsequent delivery. The place of performance for subsequent fulfilment shall be the registered office of Mimoda.ch. Mimoda.ch shall not be obliged to reimburse transport costs incurred as expenses for the purpose of subsequent fulfilment insofar as the expenses are increased because the goods were subsequently taken to a place other than the place of receipt. In the event of failure of the supplementary performance, you shall be entitled, at your discretion and under the statutory conditions, to a reduction in the purchase price or to withdraw from the contract. The following of § 11 applies to claims for damages due to defects. Further claims of the customer are excluded.
As a matter of principle, Mimoda.ch shall carry out repairs or replacement deliveries as a gesture of goodwill and without acknowledging any legal obligation. An acknowledgement with the consequence of a new start of the limitation period shall only exist if Mimoda.ch expressly declares this to the customer. With the exception of an expressly declared acknowledgement, no new limitation period shall commence with rectification or replacement delivery. This shall not constitute a waiver of the statutory rights in respect of defects. With any agreements on the quality of the goods, Mimoda.ch shall not assume any guarantee or any other quality risk within the meaning of the law. Claims for defects do not exist due to damages that occur after the transfer of risk as a result of improper or negligent handling, excessive or unsuitable stress or natural wear and tear of the goods, insofar as these were not caused by Mimoda.ch. If your request for subsequent fulfilment proves to be unfounded after inspection of the goods, Mimoda.ch may, without prejudice to other rights, charge any costs for the dispatch of the goods to Mimoda.ch and the return dispatch to you as well as costs for the inspection of the goods if you have recognised or negligently failed to recognise that your request for subsequent fulfilment is unfounded.
§ 12 Liability
We shall not be liable for damages and reimbursement of expenses, irrespective of the legal grounds, in particular not for damages due to defects, other breaches of duty or tort. Excluded from this are damages resulting from injury to life, body or health for which we are responsible and other damages based on an intentional or grossly negligent breach of duty by us or on a guarantee declared by us. Also excluded are damages for which we are liable under the Product Liability Act or which are attributable to a culpable breach of material contractual obligations. Material contractual obligations are in particular those whose fulfilment is essential to the proper performance of the contract and on whose compliance the customer regularly relies and may rely. However, our liability for breach of material contractual obligations shall be limited to the foreseeable, typically occurring damage, unless we are liable for intent or gross negligence, injury to life, body or health or under the Product Liability Act.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Mimoda.ch is therefore not liable for the constant and uninterrupted availability of the online shop, nor for technical and electronic errors during an order process, over which Mimoda.ch has no influence. Insofar as links to other websites or sources are created, Mimoda.ch is not responsible or liable for the availability of such external sites or sources. Mimoda.ch does not adopt the contents accessible on such websites or sources as its own and excludes any liability or warranty with regard to these, insofar as there is no positive knowledge of the illegality of the contents in the individual case.
§ 13 Dispute resolution
We are willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board in Switzerland.
§ 14 Final provisions
The contract is subject to Swiss law, the place of jurisdiction is the Canton of Vaud. In dealings with end consumers, the law of the end consumer’s canton of residence shall also be applicable insofar as it is mandatory under consumer law. Insofar as the customer moves their domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence is not known at the time of the legal assertion of our claims, our place of business shall be the place of jurisdiction.
Unless otherwise stipulated in the contract, our place of business shall be the place of performance. Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.