Terms of service

-------------------------------------------------------
General Terms and Conditions with Customer Information
-------------------------------------------------------

Our business activities are based exclusively on Swiss law.

Prices subject to change at any time.
Prices per item in CHF/EUR, incl. VAT.

Minimum order quantity:

None 

Returns: 20 days.* Exceptions: gift cards, opened socks

 

Purchase on invoice with installment option (POWERPAY)


As an external payment service provider, MF Group / POWERPAY offers the payment method "Purchase on invoice". With the single invoice, you can easily settle your online purchase by invoice. Should you refrain from paying within the specified time frame, you will subsequently receive a monthly invoice with an order summary in the following month.

Upon conclusion of the purchase contract, POWERPAY takes over the resulting invoice claim and handles the corresponding payment arrangements. When purchasing on invoice, you accept, in addition to our GTC, the General Terms and Conditions of POWERPAY, which you can find here. (powerpay.ch/de/agb). 

1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of PeachyPassion AG (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting the Customer to pay after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If the payment method "PayPal Express" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that concludes the ordering process the Customer simultaneously issues a payment order to PayPal. In this case, the Seller hereby declares its acceptance of the Customer's offer at the point in time at which the Customer initiates the payment transaction by clicking the button that concludes the ordering process.

2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., email, fax or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data are archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.8 Only the German language is available for concluding the contract.
2.9 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal of 20 days.
Refunds are made to the payment method used. Socks and gift cards are excluded.


3.2 Right of withdrawal / returns

Items can be returned within 20 days of receipt. 

If the address provided by the Customer is incorrect, we reserve the right to charge any resulting additional postage costs for multiple shipments.

Important: Our customers expect flawless, unused goods; therefore, in the case of returns that are used, washed, soiled, smelling of smoke or damaged, we cannot take the goods back, and consequently no refund will be made in this case.

Returns of items / gifts purchased in the "Buy 3, Pay 2" sale
If, after a return, there are not enough items left to meet the "Buy 3, Pay 2" condition, the 100% discount on the cheapest item in the order is forfeited because the condition for the promotion is no longer met. Gifts subject to a minimum order value will, if the order value falls below the minimum required for them, be offset against the amount or invoiced.

3.3 Cancellation: Orders that have already been handed over for shipping can no longer be canceled.
Items that are not available may be canceled by us.

Preorders that are already being processed can no longer be canceled. This is the case once the restock has already arrived. Cancellation after a preorder has been placed cannot be guaranteed.

We ship every order as quickly as possible, if possible on the same day (except for explicit preorders); therefore, cancellation after an order has been placed cannot be guaranteed. 


4) Prices and payment terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs that may apply are indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.3 When paying by a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment is processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the Customer in the Seller's online shop. To process payments, Shopify may use other payment services to which special payment terms may apply and of which the Customer may be notified separately. Further information on "Shopify Payments" is available on the internet at https://www.shopify.de/payments.
4.8 If a payment method offered via the payment service "mollie" is selected, payment is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online shop. To process payments, mollie may use other payment services to which special payment terms may apply and of which the Customer may be notified separately. Further information on "mollie" is available on the internet at https://www.mollie.com/de/.
4.9 If purchase on invoice is selected as the payment method, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer purchase on invoice only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.
4.10 If purchase on invoice is selected as the payment method, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer purchase on invoice only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop. The Seller further reserves the right to carry out a credit check if purchase on invoice is selected as the payment method and to refuse this payment method if the result of the credit check is negative.

5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods are delivered by shipment to the delivery address provided by the Customer. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. With regard to the costs of the outbound shipment, this does not apply if the Customer validly exercises their right of withdrawal. If the Customer validly exercises the right of withdrawal, the return costs are governed by the provisions set out in this regard in the Seller's withdrawal policy.
5.3 If a parcel has been delivered according to Swiss Post's proof of delivery but the Customer reports that it has not arrived, there is no entitlement to reshipment or a refund unless the parcel is returned to PeachyPassion by Swiss Post or a third party.
6) Retention of title
If the Seller performs in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (statutory warranty)
7.1 If the purchased item is defective, the statutory provisions on liability for defects apply.
7.2 The Customer is requested to report goods delivered with obvious transport damage to the carrier and to notify the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Newsletter and miscellaneous

Newsletter list. You can unsubscribe from it at any time. To do so, please send a letter to our company address or an email containing your objection to support@peachypassion.ch. Alternatively, there is a link for this at the bottom of the email. 

Emails in special situations / on special occasions: We reserve the right to send marketing emails and SMS messages to stored email addresses/numbers in special situations/for special deals/events. You may object to this at any time. To do so, please send a letter to our company address or an email containing your objection to support@peachypassion.ch. Alternatively, there is a link for this at the bottom of the email. 

9) Affiliate codes

The affiliate codes issued to influencers are intended for social media promotions on the respective influencer's channels or for personal distribution (e.g., at the studio or among friends). Distribution via publicly accessible coupon websites is not permitted. Doing so renders the code invalid. Any unconfirmed credit expires at that point with immediate effect.

10) Retention of title

The delivered goods remain our property until paid in full.
The guarantee expires if the payment terms are not met.

11) Guarantee

2-year guarantee on all products.
Excessive wear, improper use and natural wear and tear are excluded.
If there is strong suspicion of any of the reasons stated above, we cannot send a free replacement. 

12) In case of doubt, advance payment only

If there are doubts about a Customer's creditworthiness, we reserve the right to ship only against advance payment