General terms and conditions of business

Important information about shopping in our online shop. Please read the General Terms and Conditions carefully; these rules govern the contractual relationship between you and Shopcom AG.

1. Scope
The General Terms and Conditions (hereinafter referred to as General Terms and Conditions) apply to all legal transactions concluded via the online shop www.kidz.ch (hereinafter referred to as the online shop). The online shop is operated by Shopcom AG (hereinafter referred to as Shopcom).

Shopcom reserves the right to change these Terms and Conditions at any time. The version of these General Terms and Conditions valid at the time of the order is relevant (see date at the end of this page), which cannot be changed unilaterally for the order. Customer conditions that conflict with or deviate from these General Terms and Conditions will not be recognized.

The range of products and services in the online shop (hereinafter referred to as the offer) is aimed exclusively at customers with a place of residence or business in Switzerland or the Principality of Liechtenstein. Shopcom deliveries are made exclusively to addresses in Switzerland or the Principality of Liechtenstein. Delivery abroad is not possible. Orders from foreign customers with a delivery address in Switzerland or the Principality of Liechtenstein will only be processed against advance payment (VISA, MasterCard, Maestro, Apple Pay, Google Pay, TWINT, American Express).

The offer is valid as long as the product or service can be found via the navigation (categories) in the online shop and/or stocks last. Orders in non-household quantities may be rejected by Shopcom without justification. If you have any questions about this topic, please contact our customer service .

By submitting the order, the customer confirms that they have reached the minimum age of 18 years. Orders from minors will not be accepted or processed. The customer will be informed by an automatically generated email to the email address they provided.

2. Product information, information and prices

a. Products and prices
The images of products in advertising, catalogs, flyers, brochures, internet advertising, online shops, banners, teasers, etc. are for illustration purposes and are non-binding. All information about Shopcom products and services is compiled and published in the online shop in the most customer-friendly way possible, but is not binding. The manufacturer's information (e.g. manufacturer's guarantee) is authoritative, provided it is valid in Switzerland.

Prices are net, in Swiss francs, including 8.1% or 2.6% value added tax (VAT) and, if applicable, including advanced recycling fee (vRG). Shopcom reserves the right to change prices at any time and to adapt them to market conditions. The price in the online shop at the time of the order is decisive.

b. Availability and delivery time
Shopcom attaches great importance to providing up-to-date and accurate information about availability and delivery times in the online shop. Availability in the online shop may differ from the actual stock. The availability display is updated several times daily (weekdays). However, delivery delays may occur, particularly due to production or delivery bottlenecks. All information regarding availability and delivery times is therefore without guarantee and can change at any time. Compensation for damages is excluded. If one or more items are not available, you will be informed by email or telephone or only the available items will be delivered to you. There are no automatic subsequent deliveries.

See also: Shipment

3. Conclusion of contract
The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition that delivery is possible or that the price is incorrect, which terminates the contract. The contract is concluded as soon as the customer places their order in the online shop, by telephone or by email (hereinafter referred to as the contract).

The arrival of an online order is notified or sent to the customer via an automatically generated order confirmation to the email address they provided. Receipt of the order confirmation does not contain any promise that the product can actually be delivered (see point 2.b). The automatically generated order confirmation simply shows the customer that the order placed has been received by Shopcom and that the contract has therefore been concluded under the condition of delivery and the correct price.

4. Delivery date
Information about shipping costs, shipping times and delivery times from our logistics partners can be found under: Shipping

If Shopcom is late in delivery, the customer (except for custom-made products and special orders) has the right to withdraw from the contract from the 10th calendar day since the originally announced delivery date. The announced delivery date results from the delivery time (logistics partner) and the time until the shipping time (see shipping ). In this case, Shopcom will refund the customer any amounts already paid in advance. There are no further claims against Shopcom.

5. Delivery
The delivery address must be in Switzerland or the Principality of Liechtenstein and accessible by truck (lorry). If this is not the case, the customer bears any possible cost consequences. Delivery is carried out by Swiss Post or Imbach Logistik to the customer's curbside or mailbox. Particularly heavy items are delivered to the customer on a pallet using a shipping company of our choice. The delivery company arranges a delivery date with the customer by telephone or email. Deliveries of pallets to destinations that cannot be reached directly by the transport company are transported to the nearest possible location (e.g. mountain railway valley station). From there, a subcontractor can take over the delivery on behalf of the transport company, but this is at the customer's expense.

If the customer does not accept the ordered products, Shopcom can terminate (cancel) the contract and invoice the customer for the delivery costs incurred and return delivery costs as well as a handling fee of CHF 20.

Shipping is at the customer's risk; Shopcom's shipping obligation is fulfilled when the goods are handed over to the transport company (the post office or shipping company). Consignments delivered by Swiss Post are considered delivered when Swiss Post hands the consignments to the recipient or places them in the storage box. If the shipment has been scanned with the delivery slot/mailbox, this is considered correct delivery. If the shipment is lost from the storage compartment, the risk lies with the recipient. Shipments that are delivered by a shipping company are only handed over against signature, unless the customer gives the shipping company a one-off or general delivery permit. Shipments that are delivered by a shipping company are only handed over against signature.

6. Obligation to inspect / transport damage
The customer must immediately check delivered products for accuracy, completeness and delivery damage. For freight forwarding deliveries, any delivery damage must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries must be reported to Shopcom within 7 calendar days of delivery. The customer may not put such a product into operation or use and must keep it as received in the original packaging until Shopcom contacts the customer.

We recommend refusing to accept packages that are severely damaged.

7. Warranty
After delivery, Shopcom assumes the legal guarantee that the ordered products are free of defects and functional. Shopcom can choose to provide warranty by: a. free repair, b. partial and complete replacement with an equivalent product, c. Credit at the current price, maximum of the sales price at the time of the order or d. provide reduction.

Shopcom completely waives the warranty for wearing parts, batteries, rechargeable batteries, lamps and software problems. Otherwise, the exclusions of liability in accordance with Section 8 of these General Terms and Conditions apply. If the manufacturer's warranty goes beyond Shopcom's warranty, Shopcom also grants this to the customer.

When handing over a data medium or a product with data storage contained therein (e.g. tablet, digital camera, etc.) to Shopcom, there must always be a complete loss of data. The customer is responsible for proper data backup and protection of their data. Shopcom assumes no liability for any data loss.

Shopcom may, at its own discretion, provide the customer with a replacement product while the warranty claim is being examined (exchange subject to change). This is done under the (suspensive) condition that there is actually a warranty claim. This means that the customer only gains ownership of the replacement product at the time Shopcom confirms the warranty. If Shopcom rejects a warranty claim, the customer can purchase the replacement product for the value of the goods at the time of delivery or is obliged to return the replacement product to Shopcom at their own expense.

The costs for repairs outside the warranty are borne by the customer. For products that do not have any detectable defects or the defect is not covered by the warranty, Shopcom reserves the right to charge the customer for the costs of inspecting the claimed defect as well as the shipping costs.

8. Liability and exclusion of liability
Liability depends on the applicable legal provisions. However, Shopcom is in no way liable for a.) slight negligence, b.) indirect and indirect damages and consequential damages and lost profits, c.) unrealized savings, as well as d.) damages resulting from late delivery, as well as e.) any acts and omissions on the part of Helpers and/or employees of Shopcom, whether contractual or non-contractual.

Furthermore, Shopcom is not liable for damage caused by one of the following causes:

• Improper, non-contractual or unlawful storage, adjustment or use of the products
• Use of incompatible replacement parts or accessories (e.g. power supplies, power supply, extensions, etc.)
• Failure to maintain and/or improper modification or repair of the products by the customer or a third party
• Force majeure, in particular elemental, moisture, fall and impact damage, etc., for which Shopcom is not responsible
• Official orders.

The service provider commissioned with the execution is liable for defects, delays in performance and damages that arise during the execution of the service (e.g. assembly or installations on site).

9. Payment, payment methods, reminders and retention of title

a. Payment Methods
All payments must be made in Swiss francs. Payments in US Dollars, EURO, Renminbi, Indian Rupee, Sudanese Pound, Ethiopian Birr, Boliviano, Mexican Peso, Azerbaijani Manat, North Korean Won, Albanian Lek etc. are not accepted.

Online banking, bank or postal transfer, credit card (VISA, Mastercard, Maestro, TWINT, Apple Pay, Google Pay, American Express) can be accepted as payment methods. When paying by credit card, the debit is made after the order or delivery and the following fees (based on the order value) are charged; current fees can be found under: Payment

If you pay in advance, delivery will only take place after payment has been received. The products will not be reserved until payment is received.

In the case of a chargeable purchase on account (CHF 2.90), the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deductions. In the event of a partial return of the delivered products, Shopcom will send the customer a new invoice.

b. Purchase on account
When purchasing on account, the invoiced amount must be paid to the account specified on the invoice by the due date specified on the invoice form at the latest. The purchase on account payment method does not apply to all offers and requires, among other things, a successful credit check by Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch. If the customer is permitted to purchase on account for certain offers after checking the creditworthiness, the payment will be processed in cooperation with Klarna Bank AB (publ), acting through its branch in Germany, Klarna Bank AB, German Branch, which will be carried out after completion of the purchase contract takes over the invoice request from the dealer. Even when purchasing on account, we remain responsible for general customer inquiries (e.g. about goods, delivery times, shipping), returns, complaints, cancellation declarations and returns or credit notes.

c. Late payment
If the customer does not meet their payment obligations in whole or in part, all outstanding amounts that the customer owes to Shopcom under any title will become due immediately and Shopcom can demand these immediately and stop further deliveries of products to the customer.

Shopcom charges a handling fee of CHF 15 from the 2nd reminder and a handling fee of CHF 30 from the 3rd reminder, plus 5% interest from the due date. If reminders are unsuccessful, the invoice amounts can be assigned or sold to a company commissioned with debt collection. In this case, additional interest may be charged on the invoice amount owed from the due date. The company responsible for debt collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.

d. retention of title; On Bill; Right of retention
(1) For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(2) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(3) If the customer is in default with any payment obligations to us, all existing claims become due immediately.

10. Order Change or Cancellation
Orders oblige customers to accept the products and services. Shopcom can accept subsequent changes or cancellations of orders from customers at its own discretion and charge a compensation fee.

If a (partial) delivery impossibility (dissolving condition) occurs after an order or the conclusion of a contract in accordance with Section 3, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.

11. Return of Products
There is no general right to return the ordered products. Under the conditions listed on the return of products, Shopcom grants the right to return the ordered products within a maximum of 30 calendar days from their receipt.

In this case, the products will be returned at the expense and risk of the customer. The products must be sent by registered mail (recommended for expensive products) to the address specified under Return of Products. The products must be professionally packaged with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full. When handing over a data medium or a product with data storage contained therein (e.g. tablet, digital camera, etc.) to Shopcom, complete data loss must always be expected. The customer is responsible for proper data backup and protection of their data. Shopcom assumes no liability for any data loss. There is no right of return for products that have already been assembled by customers (e.g. pedal tractors, model kits, craft sets, etc.).

12. Other provisions

a. Returns without assignment
Returns that cannot be assigned to a customer or returned will be kept for 1 month and then disposed of professionally by Shopcom or given away.

b. data protection
The data protection declaration under data protection is an integrated part of these terms and conditions. By accepting the terms and conditions, the customer also declares that Data protection to agree.

c. Severability clause
If individual provisions of these General Terms and Conditions are or become invalid, ineffective or unenforceable, the validity of the remaining General Terms and Conditions remains unaffected. The invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effect comes closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the general terms and conditions in relation to the contract prove to be incomplete.

13. Place of jurisdiction and applicable law
All legal relationships between Shopcom and the customer are subject to substantive Swiss law. The UN Convention on Contracts for the International Sale of Goods (also known as the Vienna Convention on the Limitation Period in the International Sale of Goods) is not applicable. Willisau is expressly agreed to be the exclusive place of jurisdiction. The place of performance is Shopcom’s headquarters.

14. Copyright Notice
All rights, namely copyrights, to these terms and conditions belong to Shopcom. Any reproduction, distribution or other use is prohibited and is only permitted with the express written consent of Shopcom. If this requirement is violated, Shopcom reserves the right to take any legal action.

All illustrations, images, texts and content of the online shop were produced with great effort by Shopcom and are subject to Shopcom's copyright. Any misuse can be prosecuted legally.

As of: February 27, 2024