General Terms and Conditions (GTC) of BabyCuteAG
1. scope of application
The use of this website and the business relationship between BabyCute AG and its customers are governed by the following General Terms and Conditions (GTC) in the version currently available and valid when the website is accessed or goods are ordered. The offer on this website is aimed exclusively at customers resident in Switzerland.
A customer is any natural or legal person who maintains a business relationship with BabyCute AG. The GTC, the terms of delivery and payment and the data protection provisions may be amended from time to time. BabyCute AG asks you to read these provisions carefully each time you visit the website and each time you order goods.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of BabyCute AG in order to be valid. When using this website or ordering goods, the customer confirms that he fully accepts these GTC, including the terms of delivery and payment.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is BabyCute AG, see imprint.
2. Information on this website
Die Webseite der BabyCute AG Informationen über Produkte und Dienstleistungen. Preis- und Sortimentsänderungen sowie technische Änderungen bleiben vorbehalten. Alle Angaben auf <www.babycute.ch> (Produktbeschreibungen, Abbildungen, Filme, Masse, Gewichte, technische Spezifikationen, Zubehörbeziehungen und sonstige Angaben) sind nur als Näherungswerte zu verstehen und stellen insbesondere keine Zusicherung von Eigenschaften oder Garantien dar, ausser es ist explizit anders vermerkt. Die BabyCute AG bemüht sich, sämtliche Angaben und Informationen auf dieser Webseite korrekt, vollständig, aktuell und übersichtlich bereitzustellen, jedoch kann die BabyCute AG weder ausdrücklich noch stillschweigend dafür Gewähr leisten.
All offers on this website are subject to change and are not to be understood as binding offers.
BabyCute cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.
2a. The online galleries
After the clinic photo shoot, we will give the parents a login code that allows them to log into their personal photo gallery (at www.babycute.ch) and gain access to our photo store. Parents are responsible for any disclosure of the login code. Only with this login code is it possible to access the picture gallery.
The picture gallery and store are available for 90 days after publication of the gallery. After this time, all images and data will be deleted from our servers. This process is irreversible and is carried out in accordance with international data protection standards.
3. Prizes
Unless otherwise stated, the prices quoted by BabyCute AG include statutory VAT, any advance recycling fees (VRG) and copyright levies for electronic devices. The prices are quoted net in Swiss francs (CHF).
Unless otherwise agreed, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the order process.
BabyCute AG reserves the right to make technical changes, errors and misprints; in particular, BabyCute AG may change prices at any time without prior notice. Consulting and support services are not included in the sales prices.
4. Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from BabyCute AG. By placing an order via this website, including acceptance of these GTC, the Customer submits a legally binding offer to conclude a contract. BabyCute AG shall then send an automatic "order confirmation" by email, which confirms that the Customer's offer has been received by BabyCute AG. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as BabyCute AG sends a declaration of acceptance by email confirming the dispatch of the ordered products or services.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, BabyCute AG shall be entitled to withdraw from the entire contract or from part of the contract. If the Customer's payment has already been received by BabyCute AG, the payment shall be refunded to the Customer. If no payment has yet been made, the Customer shall be released from the obligation to pay. BabyCute AG shall not be obliged to make a replacement delivery in the event of the contract being terminated.
5. Payment options and retention of title
The customer has the payment options specified in the order process at his disposal.
BabyCute AG reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance.
BabyCute AG may charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder in the event of late payment by the customer.
The products delivered to the customer shall remain the property of BabyCute AG until full payment has been made.
5a. Purchase on account
"In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case.
The complete billing conditions for the countries in which this payment method is available can be found here: Switzerland
Purchase on account (Pay later): The payment period is 30 days from the order date.
The use of the invoice payment method requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy."
6. Delivery, obligation to inspect, notification of defects and returns
Deliveries are sent by post or courier service to the address specified by the customer in the order (within Switzerland). Invoices are sent by email or by post. The benefits and risks are transferred to the customer upon dispatch, insofar as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, BabyCute AG may terminate the contract after notifying the customer by email and setting a reasonable deadline, and may charge the customer for the costs incurred.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify BabyCute AG immediately in writing by letter or email to the address in the legal notice of any defects for which BabyCute AG provides a warranty.
Returns to BabyCute AG shall be at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address specified by BabyCute AG in the imprint.
If BabyCute AG's inspection reveals that the goods have no identifiable defects or that they are not covered by the manufacturer's warranty, BabyCute AG may charge the customer for the costs of handling, returning or disposing of the goods.
7. Right of withdrawal
As these are personalized products, no right of objection is granted.
8. Warranty
BabyCute AG shall endeavor to deliver goods of impeccable quality. In the event of defects notified in good time, BabyCute AG shall assume the warranty for freedom from defects and functionality of the item purchased by the customer during the statutory warranty period of generally two years from the date of delivery. It is at the discretion of BabyCute AG to provide the warranty by means of free repair, equivalent replacement or reimbursement of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances. The warranty for consumables and wearing parts (e.g. batteries, rechargeable batteries, etc.) is also excluded.
BabyCute AG is unable to give any assurances or guarantees that the data is up-to-date, complete and correct or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, BabyCute AG neither warrants nor guarantees that the use of the website will not infringe the rights of third parties not owned by BabyCute AG.
9. Liability
BabyCute AG excludes all liability, irrespective of its legal basis, as well as claims for damages against BabyCute AG and any auxiliary persons and vicarious agents. In particular, BabyCute shall not be liable for indirect damage and consequential damage, loss of profit or other personal injury, damage to property or pure financial loss suffered by the Customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
The BabyCute AG website only uses hyperlinks to simplify the customer's access to other websites. BabyCute AG cannot know the content of these websites in detail, nor can it accept any liability or other responsibility for the content of these websites.
10. data protection
BabyCute AG may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the purchase contract. The data required to fulfill the service may also be passed on to contracted service partners (shipping logistics partners, photo article manufacturers, etc.).
The other data protection provisions can be found under the following link: Data protection
11 Further provisions
BabyCute AG expressly reserves the right to amend these GTC at any time and to bring them into force without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Lucerne, unless the law provides for mandatory places of jurisdiction.
12. contact
If you have any questions about these terms and conditions, please contact: see imprint
(Version 01.03.2017)
