1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as "Terms and Conditions" or "T") apply to all business relationships between JAISON GmbH (hereinafter referred to as "JAISON GmbH", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for physical products (hereinafter referred to as "products" or "goods") purchased through our website (hereinafter referred to as "online shop" or "website").
The website and online shop are operated by:
JAISON GmbH
Trafoweg 7
5242 Lupfig
Switzerland
Email:
info[at]jaisonkidsbikes.com
Company No. (UID):
CHE-493.758.121
Individual agreements concluded with the customer take precedence over these T Conflicting terms and conditions of the customer will not be recognized.
JAISON GmbH reserves the right to change these T at any time. All changes will take effect upon publication of the new T on the website. The relevant time for the applicability of the valid T when purchasing a product is the date of submission of the binding order to us.
Please read these T carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms 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 Contract
The presentation of 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 customers to order the product in the online shop. JAISON GmbH 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, images, brochures, advertising and other information related to our products are for informational purposes only and are not binding on JAISON GmbH.
The customer can place a binding order for the products they have selected through our online shop. The customer can place the products they select in the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the ["place order"] button on the order page at the end of the ordering 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 binding final submission of the order.
After receiving the order, JAISON GmbH will contact the customer in writing by email. After clarifying the exact product configuration, the final invoice will be sent. By submitting the order, you confirm that you have read the T and agree to them without reservation. We recommend that you print out the T for the purpose of online ordering and your documentation or save them on your computer.
After you have placed a binding order, JAISON GmbH 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 towards you or third parties. Any payment already made will be refunded to you if the order is canceled. Reasons for rejecting an order may include, 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 against these T, individual contracts, fraudulent or other criminal activities, or for any other important reason.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance takes place through the shipment of the ordered goods.
3. Availability and Performance Reservation for Non-Deliverable Products
All information about the availability of our products and the shipping and delivery of our goods is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipping or delivery of goods is expressly excluded.
Our products are available while supplies last. If JAISON GmbH determines when processing your order that the goods you ordered are not available, we will inform you immediately. In this case, a contract for the non-deliverable goods will not be concluded, as the ordered goods cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.
4. Prices and Shipping Costs
Our products and prices correspond to those stated on the website. All prices are stated in CHF (Swiss Francs) [or in Euros, where applicable] and include the statutory value added tax (VAT). The total price of your order, including all possible additional and shipping costs and the VAT to be paid for the respective country, will be displayed at the end of the ordering process. [Depending on the type of delivery, this must be adjusted: When 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 ordered products. After placing a binding order, the price can no longer be adjusted.
JAISON GmbH reserves the right to change prices at any time. Products will be charged 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 to pay with the payment methods displayed on the website or during the ordering process. These may change from time to time and vary by country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (for example, to secure our credit risk, only those corresponding to the respective creditworthiness).
By choosing the payment method, the customer authorizes payment either by entering credit card details or access data of a payment service provider. The customer authorizes JAISON GmbH to collect or withdraw payments in the corresponding manner. Should chargebacks occur, JAISON GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, JAISON GmbH 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 according to your order.
If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection and address data, and request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and the payment details entered are correct. If payment is declined, JAISON GmbH reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
When paying by invoice, the customer receives the invoice by email. Payment must be made within the payment period stated on the invoice. If payment is not made on time, JAISON GmbH is entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with collection as well as statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.
6. Delivery Terms
Delivery is generally made via the delivery service of Swiss Post AG. For deliveries to the EU, the following delivery services are used: [Swiss Post AG or couriers such as DHL, TNT.] The costs incurred must be paid in advance by the buyer.
The goods you order in our online shop that are in stock will be delivered to you within 5–15 working days after receipt of full payment, depending on the destination.
If the products are marked as out of stock when ordering, JAISON GmbH will endeavor to deliver the goods as quickly as possible. JAISON GmbH makes every effort to meet the stated delivery times. However, JAISON GmbH is not responsible for delivery delays, regardless of their causes. We will inform you immediately of any delivery delays that occur.
If the inability to perform lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel their order. Further claims, in particular claims for damages, are excluded.
If delivery of the goods fails due to the customer's fault despite [three] delivery attempts, JAISON GmbH may withdraw from the contract. Any payments made will be refunded immediately.
7. Retention of Title
JAISON GmbH remains the owner of the delivered goods until they have been paid for in full.
8. Right of Withdrawal and Return
Requirements:
For all purchases of our goods through our online shop (with the exception of certain products; see withdrawal restrictions below), you as a consumer have a right of withdrawal within 14 days after receipt of the goods without giving reasons. You can withdraw from the contract within 14 days after receipt of the goods, or a third party named by you who is not the carrier, by returning the goods to us [JAISON GmbH, Trafoweg 7, 5242 Lupfig, +41 79 765 98 23] or by sending us a clear declaration of withdrawal in text form (e.g., a letter sent by post, email or fax) about your decision to withdraw from the contract. The 14-day return period begins the day after receipt of the goods and is met if the goods or the withdrawal notification are handed over to the post office or another transport company on the last day for return or shipment.
A prerequisite for exercising the right of withdrawal is that you return the goods unused, complete and intact, if possible in the original packaging, to us. The goods plus the completed return slip must be sent back to the following address:
JAISON Kids Bikes GmbH
Trafoweg 7
5242 Lupfig
Switzerland
Consequences of Withdrawal:
If you withdraw from the contract and return the goods properly, we will refund the total price you paid including delivery costs (with the exception of costs resulting from you choosing a type of delivery other than the cheapest standard delivery we offer) immediately and at the latest 14 days from the day we received notification of your withdrawal from this contract or the goods arrived with 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 expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as JAISON GmbH assumes no liability in this regard.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier time.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the quality, characteristics and functioning of the goods.
Withdrawal Restrictions:
The right of withdrawal is excluded for the following contracts:
- 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);
- 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. Defect Notification/Warranty
JAISON GmbH warrants that the goods correspond to the guaranteed 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 JAISON GmbH 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 their discovery. If you do not inspect or immediately report the defect, the product is deemed approved and you are no longer entitled to make claims against us.
The statutory warranty provisions 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 (fall, improper use or use of the product outside its intended purpose) are excluded from the warranty. In particular, warranty is excluded after falls. Wear parts such as brake pads, chains, cassettes and all parts of the drive system, etc. are also excluded from the warranty (list not exhaustive).
The customer's warranty claims are limited to replacement delivery or defect elimination/repair, excluding all other claims, in particular reduction or compensation for indirect and consequential damages. JAISON GmbH decides at its own discretion on replacement delivery or repair. If subsequent delivery or repair fails, the customer is entitled to withdraw from the contract in the case of significant defects.
The defective product must be returned to the above-mentioned address of JAISON GmbH 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 your warranty claim cannot be processed in the event of a lost package.
Warranty for Used Products
For used products (especially used bicycles), the statutory warranty period is reduced to 12 months from receipt of the goods to the extent permitted by law. Signs of use as well as age- and usage-related wear do not constitute a defect in used products, provided they were recognizable at the time of contract conclusion or correspond to the usual condition of a used product.
10. Registration for an Account
When registering a customer account, you can view information about your completed, open and recently shipped orders and manage and save your address data, any payment data and a possible newsletter. Since your data is saved, you do not have to enter it again when making another purchase.
If you register for such an account, you are responsible for ensuring that your personal data required for registration is provided truthfully and completely. You are obliged to treat the personal access data confidentially and not to make them accessible to unauthorized third parties. JAISON GmbH undertakes to treat your data confidentially and not to pass them on to unauthorized third parties. For more 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 or delete or modify the content of registered customers who violate these T or individual agreements.
JAISON GmbH is not obliged to accept the registration or order of a registered customer.
11. Claims and Complaints
We place great value on customer satisfaction. You can reach us at any time using the contact information provided at the beginning. We strive to review your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your input or complaint. If you have claims or complaints, please help us by telling us the exact problem or error signs and, if necessary, providing a copy of the order documents or at least providing the order number, customer number, etc. We strive to respond to you within 3 working days.
12. Liability
JAISON GmbH is liable for breach of its own obligations under these T and the contractual relationships based on them for damages caused and proven by it through unlawful intent or gross negligence. Liability for slight and moderate negligence as well as for indirect and consequential damages is expressly excluded, whether based on a contract, a tort or for any other reason. Indirect damages include, for example, lost profits, financial damages, reputational damages, damages caused by computer viruses or data loss due to temporary impairments or interruptions in the availability of JAISON GmbH's services. Furthermore, JAISON GmbH assumes no contractual or non-contractual liability for damages caused by auxiliary persons who are used to provide the service.
The above exclusions and limitations of liability do not apply in the case of culpable injury to life, body and health directly caused by JAISON GmbH, as well as in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these T, regardless of the reason and to the extent permitted by law, is limited to the price of the goods that the customer ordered from us.
Event Outside Our Control:
In the event of an event that is outside our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations under these T and the contractual relationship based on them. An event outside our sphere of influence exists, for example, in the following cases:
in the case of strikes, lockouts 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 communication networks or the inability to use rail, shipping, air, motor vehicle routes or other means of public or private transport.
Should an event outside our sphere of influence occur that affects the fulfillment of our obligations within the contract, we will inform you at the earliest possible time.
13. Data Protection
JAISON GmbH collects and processes personal data only within the framework of legal provisions, in particular in compliance with applicable data protection laws. For more information on the processing of your personal data, your rights and related questions, please refer to our Privacy Policy, which forms an integral part of these T
14. Copyright
The information and content published on the website are protected by copyright and are the property of JAISON GmbH or the respective rights holder. Reproduction, editing, distribution or any other form of exploitation are not permitted and require the prior written consent of the respective rights holder. JAISON GmbH and the corresponding rights holder expressly reserve all related rights.
15. Severability Clause
Should any of the provisions of these T be or become unlawful, invalid or unenforceable for any reason, this does not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision is deemed to be replaced by a valid provision that takes into account the economic purpose of the provision and the will of the parties at the time of contract conclusion to the greatest extent possible. The same applies to any gaps in these T
16. Online Dispute Resolution
The European Commission has set up an online platform for alternative dispute resolution procedures for consumers resident in the EU, which provides for an out-of-court procedure for resolving all disputes related 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/.
17. Applicable Law and Jurisdiction
These T, the contractual relationships based on them and any disputes are exclusively governed by substantive Swiss 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 JAISON GmbH or the customer's place of residence. For legal entities, the registered office of JAISON GmbH is the exclusive place of jurisdiction.
These provisions apply only to the extent that there are no mandatory provisions of the law of the state in which the consumer has their habitual residence that take precedence over these T
