Terms of service


CONTENTS:

  • Article 1 - Definitions
  • Article 2 - Identity of the Entrepreneur
  • Article 3 - Applicability
  • Article 4 - The Offer
  • Article 5 - The Agreement
  • Article 6 - Right of Withdrawal
  • Article 7 - Costs in Case of Withdrawal
  • Article 8 - Exclusion of the Right of Withdrawal
  • Article 9 - The Price
  • Article 10 - Compliance and Warranty
  • Article 11 - Delivery and Execution
  • Article 12 - Duration Transactions: Duration, Termination, and Renewal
  • Article 13 - Payment
  • Article 14 - Complaints Procedure
  • Article 15 - Disputes
  • Article 16 - Additional or Deviating Provisions

Our Warehouse:
Shenzhen Xuan Jie Mao Yi Co., Ltd
#349, Pinglong East Road, Pinghu, Longgang, Shenzhen, Guangdong, China

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: An agreement where the consumer acquires products, digital content, and/or services under a distance contract, and these are provided by the entrepreneur or a third party under an agreement between that third party and the entrepreneur.
  • Withdrawal Period: The time frame within which the consumer can exercise their right of withdrawal.
  • Consumer: A natural person who is not acting in the course of a profession or business and who enters into a contract with the entrepreneur.
  • Day: Calendar day.
  • Digital Content: Data produced and supplied in digital form.
  • Long-Term Transaction: An agreement concerning a series of products and/or services, for which the supply and/or purchase obligation extends over a specified period.
  • Durable Medium: Any tool that enables the consumer or entrepreneur to store information addressed to them personally in such a way that it can be retrieved and used unaltered in the future, including email.
  • Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the withdrawal period.
  • Model Withdrawal Form: The form provided by the entrepreneur that the consumer can fill out if they wish to exercise their right of withdrawal.
  • Entrepreneur: The natural or legal person offering products and/or (access to) digital content and/or services to consumers remotely.
  • Distance Contract: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and/or services, where exclusive use is made of one or more techniques for remote communication up to the conclusion of the contract.
  • Means of Remote Communication: A method that can be used to conclude an agreement without the consumer and entrepreneur needing to be in the same place simultaneously.
  • General Terms and Conditions: These general terms and conditions of the entrepreneur.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

  • Chamber of Commerce Number: Available upon request
  • VAT Identification Number: Available upon request

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be accessed, and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may be provided electronically before the conclusion of the contract in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed where they can access the terms electronically and that they will be sent free of charge on request.

If, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly. In case of conflicting conditions, the consumer can always invoke the most favorable provision.

If any provision of these general terms and conditions is deemed null or void at any time, the remaining provisions will remain in effect, and the void provision will be replaced by a provision that closely matches the original intent.

Situations not covered by these terms and conditions should be assessed in accordance with the general terms and conditions.

Ambiguities in the interpretation or content of one or more provisions must be explained in accordance with these general conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.

The entrepreneur’s offer is non-binding. The entrepreneur has the right to change and adjust the offer.

The entrepreneur’s offer includes a complete and accurate description of the offered products and/or services. The description must be detailed enough to enable the consumer to assess the offer properly. If images are used that imply they represent the offered product, they should be truthful depictions of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Product images are a faithful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information regarding the rights and obligations associated with accepting the offer, including:

  • The price, including taxes;
  • Any applicable shipping costs;
  • The manner in which the agreement is concluded and the necessary steps for this;
  • Whether the right of withdrawal applies;
  • The payment, delivery, and performance terms of the contract.

ARTICLE 5 - THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the specified conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur may—within legal frameworks—verify whether the consumer can meet their payment obligations and investigate other facts and factors important for responsibly entering into a distance contract. If, based on this inquiry, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution.
  5. The entrepreneur will provide the consumer with the following information, at the latest upon delivery of the product, service, or digital content, in writing or in a way that the consumer can store it on a durable medium:
    • The physical address of the entrepreneur’s business location where complaints can be submitted;
    • The conditions and manner in which the consumer can exercise the right of withdrawal or a clear statement if the right of withdrawal is excluded;
    • Information about guarantees and existing after-sales services;
    • The price including all taxes, the cost of delivery (if applicable), and the payment, delivery, and execution methods;
    • If the consumer has a right of withdrawal, the model withdrawal form.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For Product Delivery:

  • For the delivery of products: the consumer has the right to withdraw from the contract within 14 days without providing any reason.

  • The withdrawal period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has physically received the product.

  • If the consumer has ordered multiple products in a single order that are delivered separately, the withdrawal period starts on the day the consumer receives the final product.

  • If a product consists of multiple shipments or parts, the withdrawal period starts on the day the consumer receives the last shipment or part.

For Services and Digital Content Not Supplied on a Tangible Medium:

  1. In the case of a service contract or an agreement for the supply of digital content not delivered on a physical medium, the consumer may cancel within 14 days without providing a reason. The period starts the day after the agreement is concluded.
  2. If the entrepreneur does not provide the legally required withdrawal instructions, the withdrawal period extends 12 months beyond the original withdrawal period.

Obligations During the Withdrawal Period:

  1. The consumer must handle the product and packaging carefully. They should only unpack or use the product to the extent necessary to assess whether they wish to keep it.
  2. If the consumer exercises the right of withdrawal, they must return the product with all accessories in its original condition and packaging, following the entrepreneur’s reasonable instructions.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

  • If the consumer exercises the right of withdrawal after receipt, the direct costs of returning the product shall be borne by the consumer.

  • The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after receiving the returned product or proof of shipment thereof.

  • If the product is returned damaged, incomplete, or otherwise devalued due to handling by the consumer beyond what is necessary to establish its nature and functioning, the consumer shall be liable for the depreciation in value.

  • For hygiene and health-related products, the right of withdrawal can only be exercised if the seal or packaging has not been broken. Once opened, no returns or refunds are possible, in accordance with applicable consumer protection laws.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal is excluded if the entrepreneur has explicitly stated this before concluding the contract and if it concerns:

  1. Products made to the consumer’s specifications or clearly personalized;

  2. Products which are liable to deteriorate or expire rapidly;

  3. Sealed audio or video recordings or sealed software once unsealed after delivery;

  4. Health, beauty, and hygiene products (such as cosmetics, creams, sprays, patches, supplements, or similar items) where the seal or protective packaging has been broken after delivery.

ARTICLE 9 - PRICE

  1. During the validity period stated in the offer, prices of the products and/or services will not increase, except for VAT adjustments.
  2. The entrepreneur may offer variable pricing for products/services affected by financial market fluctuations.
  3. If a price increase occurs within 3 months after contract conclusion, the consumer may cancel the contract.
  4. All prices include VAT.

ARTICLE 10 - WARRANTY AND CONFORMITY

  1. The entrepreneur guarantees that the products/services comply with the contract, specifications, reasonable usability requirements, and applicable legal requirements.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.
  3. Complaints about defects or incorrect deliveries must be reported in writing within 4 weeks of delivery.

ARTICLE 11 - DELIVERY AND EXECUTION

  1. The entrepreneur shall take the utmost care when processing and executing orders.
  2. The delivery address is the address provided by the consumer.
  3. The entrepreneur shall execute accepted orders as soon as possible but no later than 30 days, unless otherwise agreed. If delivery is delayed, the consumer may cancel the contract.
  4. If a product is unavailable, the entrepreneur may offer a replacement product.

ARTICLE 12 - DURATION TRANSACTIONS: TERMINATION AND RENEWAL

Termination:

  1. The consumer may terminate an indefinite contract for the regular supply of goods/services at any time with a notice period of one month.
  2. A fixed-term contract for the regular supply of goods/services may be terminated at the end of the fixed term with a notice period of one month.

Renewal:
3. A fixed-term contract cannot be automatically renewed for a fixed duration.
4. If a contract is renewed indefinitely, the consumer may cancel it with a one-month notice period.

ARTICLE 13 - PAYMENT

  1. Payments must be made within 7 working days unless otherwise agreed.
  2. The consumer must report inaccuracies in provided payment details immediately.

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur has a well-publicized complaints procedure and will handle complaints accordingly.
  2. Complaints must be submitted in writing within a reasonable time after the consumer has discovered the defects.
  3. Complaints will be answered within 14 days. If a complaint requires longer processing, the entrepreneur will provide an expected resolution timeframe.

ARTICLE 15 - DISPUTES

  1. Only Swiss law applies to agreements between the entrepreneur and consumer.

ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS

  1. Additional provisions may not be disadvantageous to the consumer and must be documented in a durable medium accessible to the consumer.