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Wearfunbaby, Chemin du Grillon 2, 1007 Lausanne, Switzerland, is the operator of the online shop Wearfunbaby, accessible at www.wearfunbaby.com.

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These General Terms and Conditions (hereinafter: GTC) apply to all purchases of Wearfunbaby articles via our online shop. By placing an order, you acknowledge and agree to these GTC in their valid version at the time of your order.

We may update or amend these GTC at any time. The version published on our website at the date of order shall apply.

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1. Conclusion of Contract

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Binding Order: The presentation of products in our online shop does not constitute a legally binding offer but an invitation to place an order. By clicking the confirmation button (e.g., “Confirm” or “Order”), you place a binding order for the items in your shopping cart.

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Order Confirmation: After placing your order, you will promptly receive an email confirmation of receipt. A binding sales contract is only concluded once we have sent this confirmation.

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Working Days: Unless otherwise stated, “working days” refer to Monday through Friday, excluding public holidays in Switzerland.

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2. Prices and Costs

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Prices: The prices displayed at the time of your order apply. All prices are stated exclusive of statutory value-added tax (VAT) where applicable.

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Shipping Costs: Shipping costs are charged separately and displayed during checkout.

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Price Changes: We reserve the right to adjust prices at any time. However, the prices valid at the time of your order shall apply to that order.

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Payment Due Date: The total purchase price, including shipping costs, becomes due upon conclusion of the contract, unless otherwise stated.

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3. Payment

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Payment Methods: We accept only the payment methods displayed during checkout. We may limit available payment methods for specific orders.

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Geographic Limitations: Generally, we only accept payments from accounts located in Switzerland and the European Union (EU). You are responsible for any fees incurred in connection with international transfers.

Credit Card Payments: for credit card payments, your card will be charged immediately upon conclusion of the contract.

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4. Delivery

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Delivery Area: Deliveries are currently available only within Switzerland, France, and Spain.

Delivery Address: Orders will be delivered to the shipping address you provide during checkout. If you are not at home, we or our delivery partner may deposit the parcel at your front door or follow the delivery instructions you provide.

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Partial Deliveries: We reserve the right to make partial deliveries, provided these are reasonable for you. Additional shipping costs for partial deliveries will be borne by us.

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5. Returns & Right of Withdrawal

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Right of Withdrawal (France & Spain): If you are a consumer residing in France or Spain, you have the legal right to withdraw from the contract within 14 days of receiving the goods, without giving any reason. To exercise this right, you must inform us by email at [insert email address] within the 14-day period.

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Right of Withdrawal (Switzerland): Although Swiss law does not require a withdrawal right, we voluntarily grant a 14-day withdrawal period under the same conditions as above for our Swiss customers.

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Effects of Withdrawal: If you withdraw from the contract, we will refund all payments received from you, including standard shipping costs, within 14 days of receiving the returned goods. The refund will be made using the same payment method you used, unless otherwise agreed.

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Return Costs: You bear the direct cost of returning the goods.

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Condition of Goods: Returned items must be unused, clean, and in their original packaging. We reserve the right to refuse refunds for damaged or worn items.

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6. Warranty

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General Liability: Our liability, as well as that of our employees, representatives, and agents, is limited to cases of intent and gross negligence.

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Warranty for Defects: Statutory warranty rights apply. Upon delivery, you must inspect the goods as soon as reasonably possible. Any defects must be reported to us in writing without delay. For hidden defects, you must notify us in writing within 15 working days of discovering the defect. Otherwise, the goods shall be deemed accepted.

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Replacement: In case of a justified claim, we reserve the right to provide a defect-free replacement instead of a refund.

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7. Data Protection

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We are responsible for collecting, processing, and using your personal data in compliance with Swiss data protection law and, where applicable, European data protection law (GDPR). We treat your personal data as confidential and only process it in accordance with statutory requirements.

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8. Governing Law and Jurisdiction

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Applicable Law: All legal relationships with us are governed exclusively by substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

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Jurisdiction:

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• For consumers: jurisdiction is at the consumer’s Swiss domicile.

• For business customers: jurisdiction is at our registered seat in Lausanne, Switzerland. We may also bring an action at the customer’s place of residence.​

 

Lausanne, 10 June 2024

Your Wearfunbaby Team