General Terms and Conditions
General terms and conditions of Omnify Commerce GmbH
Status: 04.05.2022
CONTENTS:
- Scope
- Contracting party
- Conclusion of contract
- Right of withdrawal
- Prices and shipping costs
- Delivery
- Payment
- Retention of title
- Warranty
- Dispute resolution
- Copyrights
- Final clause
1. Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) of Omnify Commerce GmbH shall apply to all contracts for the supply of goods concluded by a consumer via the online sales platform at the Internet address www.mueggi.shop. A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
2. Contractual Partner
The contractual partner and responsible for the Müggi Onlineshop Switzerland (hereinafter referred to as Onlineshop CH) is Omnify Commerce GmbH, a limited liability company, incorporated under Swiss law and registered in the Commercial Register Office of the Canton of Basel-Landschaft under CHE-168.712.350 with its registered office at Alemannenweg 6, 4148 Pfeffingen, Switzerland (hereinafter referred to as “we”, “us” or “Omnify Commerce”).
3. Conclusion of contract
The presentation of the products in the online store CH does not constitute a legally binding offer, but only an invitation to order.
You can view our product range and select and collect them by clicking the “add to cart” button. You can view the shopping cart at any time by clicking on the button “view shopping cart” and remove products from the shopping cart.
Your order is completed by clicking on the button “Buy now”, which is also an offer to conclude a purchase contract for the ordered products.
After submitting your order, you will receive an e-mail from us confirming receipt of your order. This order confirmation does not constitute an acceptance of your offer to conclude a purchase contract.
Such acceptance is only given when you receive an e-mail from us informing you that your order has been shipped. This dispatch confirmation e-mail also constitutes the confirmation of the contract. The contract confirmation is limited to the products listed in the dispatch confirmation e-mail and notified for delivery.
Omnify Commerce reserves the right to refrain from concluding a contract. Reasons for a rejection of your purchase offers can be, for example, the unavailability of products or a missing payment authorization. Your order data will be stored by us in accordance with legal requirements. If you have registered in the online store, you can access your order data under “My account”.
4. Right of withdrawal
In connection with your order in the online store CH you have as a consumer a right of withdrawal.
We hereby inform you as follows:
Cancellation policy
You have the right to cancel the contract within fourteen days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the products. To exercise your right of withdrawal, you must inform us (Omnify Commerce GmbH, Rauracherweg 15, 4148 Pfeffingen, Switzerland, e-mail address: support@mueggi.shop) of your decision to withdraw by means of a clear declaration (e.g. a letter sent by post or an e-mail).
You can use the sample revocation text below for this purpose, but it is not mandatory.
Sample revocation text
To:
Omnify Commerce GmbH
Alemannenweg 6
4148 Pfeffingen
Switzerland
E-mail: support@mueggi.shop
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following products (*).
Ordered on xx.xx.xxxx / received on xx.xx.xxxx.
Name of the consumer
Address of the consumer
Date and signature of the consumer (only in case of paper communication)
[*] Delete where inapplicable.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period to our address listed above.
The products returned by you must be in perfect, undamaged condition and must reach us in their original packaging, otherwise the right of return will expire, or deductions (loss of value) will be made from the refund. Products that are sealed must not be opened.
Consequences of the revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract and we have received the products back.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
You must return the products to our warehouse immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. In case of ambiguity, the timely return by you must be verifiable, for example, by appropriate shipping receipts.
Address return order Switzerland:
Omnify Commerce GmbH
Alemannenweg 6
4148 Pfeffingen
Switzerland
For the return of the products you bear the direct costs.
End of the cancellation policy
5. Prices and shipping costs
All prices in our online store CH are in Swiss Francs (CHF) including VAT.
The packaging and shipping costs for deliveries within Switzerland are CHF 6.90 for each order with standard shipping. Orders that exceed an order value of CHF 99.00 are free of shipping costs. If we make partial deliveries, packaging and shipping costs will only be incurred for one delivery; subsequent deliveries will be free of shipping costs.
If shipping costs are incurred, we will inform you immediately before you place your order.
6. Delivery
Orders placed via the online store CH will be delivered exclusively within the territory of Switzerland. For organizational reasons, we can not deliver to the following regions (customs exclusion area):
7562 Laret (Samnaun), Canton Graubünden (GR)
7562 Samnaun-Compatsch, Canton of Grisons (GR)
7563 Samnaun Dorf, Canton Grisons (GR).
We always try to keep the delivery times advised by us at the time of your order. However, delivery times depend on various factors, such as the type and availability of the articles or the type of delivery. Therefore, we cannot guarantee a fixed delivery time.
Usually, delivery times for available goods can be assumed to be 1-3 business days after confirmation of your order.
Of course, we will inform you immediately about possible delays and give you an estimate of the new delivery date. To the extent permitted by law, we will not be liable for any damages, liabilities, costs or other expenses resulting from a late delivery.
Please always note the availability of our products. “Available for delivery within 1 to 3 days” means, for example, that products are immediately available in our German warehouse and ready for delivery to your desired delivery address in Germany.
7. Payment
You can choose how you want to pay: Provided your creditworthiness, you can pay practically by credit card, TWINT, PostFinance, PayPal or payment by invoice (via external payment provider bob Finance). The currently available payment options are displayed in our online store.
Credit card
You can easily and securely pay with your credit card in our online store. We accept the major credit cards Visa and MasterCard. Credit card payments are processed by the secure payment service provider Payrexx AG (Burgstrasse 20, 3600 Thun, Switzerland).
TWINT
With TWINT you pay conveniently and securely with your smartphone. TWINT payments are processed by the secure payment service provider Payrexx AG (Burgstrasse 20, 3600 Thun, Switzerland).
PostFinance
You can easily and securely pay with your PostFinance card in our online store. PostFinance card payments are processed by the secure payment service provider Payrexx AG (Burgstrasse 20, 3600 Thun, Switzerland).
PayPal
When paying by means of a payment method offered by PayPal, the payment is processed by 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
Payment by invoice
You can easily and securely pay by invoice in our online store. Payments by invoice are processed by the secure payment service provider Payrexx AG (Burgstrasse 20, 3600 Thun, Switzerland) in cooperation with payment service provider bob Finance (Zweigniederlassung der Valora Schweiz AG, Hardturmstrasse 161, 8005 Zürich).
If the payment service selected by you (credit card provider, TWINT, PostFinance, Paypal or payment by invoice (via bob Finance)) should refuse the authorization of payment – for whatever reason – we will not accept your order. In these cases, you cannot derive any claims against us from the refused or delayed payment.
We reserve the right to issue our invoices exclusively in electronic form.
8. Late payment / reminder / collection by external service provider bob Finance (Zweigniederlassung der Valora Schweiz AG, Hardturmstrasse 161, 8005 Zürich)
The amount invoiced to you by bob Finance must be paid at the latest by the due date stated on the invoice, to the account declared by bob Finance. The invoice can be paid in 3 installments within 90 days. If payment is not made within this period, the customer will be in default.
Omnify Commerce GmbH represented by bob Finance reminds the customer three times in writing in case of default. The following fees are due with the reminder of the claim:
1st reminder on the 10th-13th day of default CHF 20.
2nd reminder on the 24th-27th day of default CHF 25.-
3rd reminder on the 34th -38th day of default CHF 30.-
CHF 50.- for each necessary assignment to legal collection, i.e. to an external collection company.
In addition to the reminder fees, interest on arrears will be charged at the rate of 5% p.a. from the due date of the debt.
If the outstanding amount is not paid even after the last reminder, the debt will be pursued.
You will be charged further fees for any necessary collection proceedings. In this case, the debt can be taken over by an external collection service provider, whereby additional fees or costs according to the VSI (Verband Schweizerischer Inkassotreuhandinstitute) fee table are incurred.
9. Retention of title
The goods remain our property until full payment has been received.
10. Warranty
We are committed to providing you with only the best quality products. However, if the products you receive are defective or damaged, please contact our customer service via e-mail: support@mueggi.shop.
We will then ask you to send the defective or damaged products back to us for inspection. Upon receipt, we will either repair, replace or refund the purchase price (including shipping costs, if any).
In the following cases, a refund or replacement is excluded, and we will return the product to you:
- the product was not purchased from our online store CH;
- the defect of the product was caused by your failure to follow the care instructions on the product labels or product packaging, or by your failure to follow the assembly instructions / commissioning of the product correctly;
- the defect of the product was caused by your misuse or negligence (e.g. non-observance of the listed warnings, by the contact with chemical substances, fire, heat or even damage caused by sharp objects such as knives or barbed wire etc.);
- the defect of the product was caused by modifications of the product (e.g. by the modification tailoring, alterations/manipulations of the product).Please note that we reserve the right to reject your claims for replacement, repair or refund if the defect is due to normal wear and tear of products that have exceeded their normal useful life.
11. Dispute resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12. Copyrights
The content and structure of the online store CH, as well as other websites operated by Omnify Commerce, are protected by copyright. All texts, images, graphics and video files are subject to copyright or trademark law. Some Internet pages also contain images, graphics and video files that are subject to the copyright or trademark rights of those who provided them. Copying or other use for other than private purposes or for transmission, other publication, reproduction and distribution, whether in original or modified form and in any medium, or such use on other websites, is not permitted without our prior express written consent.
13. Final clause
All contracts between you and Omnify Commerce as well as these GTC shall be governed by the laws of the Swiss Confederation, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies only to the extent that it does not deprive you of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.
The statutory provisions shall apply to the place of jurisdiction.
