GENERAL TERMS & CONDITIONS
Effective as from January 2021
- SCOPE OF APPLICATION, CUSTOMER INFORMATION
The following General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all contracts, deliveries and other services of Zoccolillo GmbH, Unterfeldstrasse 2, 8700 Küsnacht / Switzerland (hereinafter referred to as “Zoccolillo GmbH”) vis-à-vis our customers who purchase goods via the e-commerce shop (https://zoccolillo.swiss). Conflicting or deviating terms and conditions of the customer are only binding if Zoccolillo GmbH has acknowledged them in writing. In individual cases, agreements made with the customer (including collateral agreements, supplements and amendments) shall take precedence over these Terms and Conditions in all cases. Zoccolillo GmbH reserves the right to change the Terms and Conditions at any time. All changes become effective with the publication of the new Terms and Conditions on the Website. The relevant time for the applicability of the valid Terms and Conditions is the date of the submission of the binding order to us when purchasing a product.
- CONCLUSION OF CONTRACT
The presentation of the products in the online shop is not a legally binding offer, but only a non-binding online catalogue. Zoccolillo GmbH expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for Zoccolillo GmbH.
If you merely place products in the "shopping cart", this does not constitute a binding order. You only place a binding order for the products contained in the shopping basket by clicking the "Order" button on the order page. An order confirmation will then be sent to you by e-mail. Deviations and technical changes compared to the illustrations or descriptions on the online shop are possible. The products shown in the online shop lose their validity with the appearance of a new edition.
You are responsible for the truthful and complete information about your personal data that is required for registration. You are obliged to treat the personal access data confidentially and not to make them accessible to unauthorised third parties. Zoccolillo GmbH undertakes to treat your data confidentially and not to make them accessible to unauthorised third parties. You must refrain from any disturbance of the website or any further use of the accessible data outside the intended platform internal use. Manipulations with the aim of obtaining unauthorised payments or other advantages to the disadvantage of us or other members can lead not only to legal consequences but also in particular to the loss of access.
Membership entitles the holder to use the online offer to the extent that it is available and to use the content solely for their own private, non-commercial purposes. Each customer is only entitled to maintain a customer account. We reserve the right to delete multiple registrations and to warn or terminate members who violate the provisions or to delete or change the content.
We are not obliged to accept the registration or the order of a registered customer and to keep our offer permanently available. Orders already confirmed by us remain unaffected.
- STORAGE OPTIONS AND ACCESS TO THE CONTRACT TEXT
In addition, you can easily archive the data of your order by waiting for the automatic order confirmation, which we will send to you by e-mail to the e-mail address you have specified once the order has been completed. This order confirmation e-mail contains the data of your order as well as the Terms and Conditions and can be easily printed or saved.
Your order data will be stored by us, but cannot be accessed directly by you for security reasons. We offer each customer a password-protected direct access. Here you can view data about your completed, open and recently shipped orders and manage and save your address data, possible payment data and a possible newsletter.
Orders are only given in order, if these take place over the online shop. Orders placed by e-mail or telephone will not be processed by us.
- PRICES AND ADDITIONAL COSTS
All prices of the products in the online shop are quoted in CHF (Swiss francs) and are the prices for the products only. They include the statutory value added tax (VAT) (or other sales taxes if applicable) but do not include the shipping costs (if any). The shipping costs (if any) are shown separately at the end of the checkout process. The total price of your order is displayed at the end of the ordering process.
For shipping to countries outside of Switzerland, additional country specific fees, such as taxes, customs, duties, and other levies may apply. These are not included in the total price and must be paid by the customer. If Zoccolillo GmbH is required by law to collect such fees, you authorise Zoccolillo GmbH to charge the applicable costs to your selected payment method.
Moreover, please note that our products are sold by Zoccolillo GmbH, a Swiss entity. Therefore, your card issuer or bank or payment method provider may as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order apply specific bank charges or other related amounts over which we have no control and are not responsible for.
By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.
Zoccolillo GmbH reserves the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.
- PAYMENT AND DELIVERY
Orders are payable immediately. We offer our Swiss customers the following payment methods: prepayment, MasterCard, Visa, Postfinance Card, Postfinance E-Finance, PayPal and TWINT. We reserve the right not to offer certain payment methods and to refer to our other payment methods. You agree to receive the invoice either by e-mail or by post. Delivery will be made directly by Zoccolillo GmbH.
The following delivery agency is used for deliveries in Switzerland: Swiss Post AG. For deliveries in Switzerland, the delivery costs will be borne by Zoccolillo GmbH. We have the possibility to track the shipment.
The following delivery agencies are used for any deliveries abroad: Swiss Post AG or couriers such as DHL, TNT. The costs incurred must be paid in advance by the buyer.
The goods which are in stock, which you order and buy in our online shop, will be shipped to you 3 working days after full payment has been received. If the goods are marked as not in stock at the time of ordering, Zoccolillo GmbH will endeavour to deliver as quickly as possible.
The delivery time is extended in circumstances of force majeure. The following are equivalent to force majeure: strike, lockout, official intervention, shortage of energy and raw materials, transport bottlenecks through no fault of Zoccolillo GmbH, operational hindrances through no fault of Zoccolillo GmbH, e.g. fire, water and machine damage, and all other hindrances which, from an objective point of view, were not caused through our fault. We will inform you immediately of the beginning and end of such hindrances.
If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally valid delivery time, you shall be entitled to withdraw from the contract. Further claims, in particular claims for damages, do not exist.
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer when the goods are handed over to the consumer or a recipient designated by you. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of sale to destination, upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
If your payment has not been received by us by 14 calendar days after dispatch of the order confirmation, despite being due and even after renewed request, we shall withdraw from the contract with the consequence that your order is void and we have no obligation to deliver. The order is then settled for you and for us without further consequences. A reservation of the article with prepayment takes place therefore at the latest for 14 calendar days.
- RETENTION OF TITLE
The goods remain the property of Zoccolillo GmbH until full payment has been made.
We generally offer gift vouchers. Gift vouchers are vouchers that you can purchase. In order for us to accept gift vouchers as means of payment, you must send the voucher by post to the following address (this will then be deducted from your invoice):
Otherwise you can also redeem your gift voucher directly at Küsnacht. The credit balance of a gift voucher is neither paid out in cash nor interest paid.
- WARRANTY AND COMPLAINT MANAGEMENT
The statutory warranty regulations apply. We attach great importance to customer satisfaction. You can contact us at any time via one of the specified contact channels. We will endeavour to examine your request as quickly as possible and will contact you as soon as we have received the documents or your input or complaint. However, please give us some time, as warranty cases often require the involvement of the manufacturer. If you have a complaint, please help us by describing the problem or defect as precisely as possible and, if necessary, by sending us a copy of the order documents or at least by indicating the order number, customer number, etc. If you do not receive a reaction from us within 3 working days, please ask.
If you have any service questions, please contact us at the following address:
You have the right to claim and exchange an item that you have purchased in the online shop if it has a material or production defect. A complaint or an exchange cannot take place if the product has been damaged through your own fault (e.g. burn holes through cigarettes, discolouration through clothing, etc.).
An exchange or a return can only take place if we have received the original receipt from you. The shipping costs for the return of an article shall be borne by the customer.
- RIGHT OF REVOCATION AND RETURN
For all purchases of our articles under https://zoccolillo.swiss Zoccolillo GmbH grants a right of revocation of 14 days. You can then withdraw from the contract by returning the goods to us or by informing us in writing (e.g. by letter or email) within 14 days upon receipt of the goods (beginning of the period on the day after receipt of the goods). The 14 days period is deemed to have been observed if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day. The prerequisite for exercising the right of revocation is that you return the goods unused, complete and undamaged. In addition, we request that you return the goods to us in their original packaging. The return of an article is at the expense and risk of the customer. The right of return does not apply to the purchase of gift vouchers or products that have been individualised according to your own specifications or that are clearly tailored to your needs.
You can use the sample revocation form, which is available under the following link [link sample revocation form], which is, however, not mandatory.
Please send the goods to the following address:
The refund of the total price paid by you, including delivery costs (if any), always takes place on the account used by you for the payment no later than 14 days from the day on which we receive notification of your revocation of this contract or on which we receive the goods. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. Please make sure that you have access to the indicated bank account, as Zoccolillo GmbH accepts no liability for this. In the case of payment in advance, the transfer back to the account from which the transfer was made is instructed. If you have paid by PayPal or credit cards, the refund will be made to the associated PayPal or credit card account.
- LIMITATION OF LIABILITY
Zoccolillo GmbH excludes, to the extent permitted by law, all claims for direct and indirect or consequential damages, loss of profit or income etc. arising through the use of the Website, purchase of products, these Terms and Conditions and the contractual relationships based on them, entirely. In particular, Zoccolillo GmbH excludes any liability for slight and medium negligence. Moreover, Zoccolillo GmbH does not accept any contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
- DATA PROTECTION
Zoccolillo GmbH collects and processes personal data only within the framework of the statutory provisions, in particular in consideration of the applicable data protection laws. For further information about how we process your personal data, your rights and any questions related thereto, please refer to your Privacy Notice on [link] which form an integral part of these Terms and Conditions.
The information and contents published on the Website are protected by copyright and are the property of Zoccolillo GmbH or the corresponding copyright holder. Duplication, processing, distribution or any other form of commercialisation of such material shall require the prior written consent of its respective rights holder. Zoccolillo GmbH and the corresponding rights holder expressly reserve all rights in this regard.
- SEVERABILITY CLAUSE
Should individual provisions of these terms and conditions be or become invalid in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions.
- APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms and Conditions, the contractual relationships based thereon and any disputes in this respect are exclusively governed by substantive Swiss law under exclusion of the conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply to the extent that the protection granted is not derived from mandatory provisions of the law of the country in which the consumer has his habitual residence. The exclusive place of jurisdiction for all disputes arising from this contract is the competent court at the registered office of Zoccolillo GmbH.
If you want to cancel the contract, please send me an email immediately.