General terms and conditions (AGB) of shimmy.li

1. Basic Law

For the use of this website as well as the business relations between Shimmy AG (www.shimmy.li / Shimmy AG, Landstrasse 123, POBox 634, LI-9495 Triesen) and its customers the following General Terms and Conditions (GTC) apply in the current and valid version which can be called up at the time the website is accessed or when goods are ordered. The offer on this website is directed exclusively at customers with Swiss residence and Lichtenstein. A customer is any natural or legal person who maintains business relations with Shimmy AG. The AGB, the delivery and payment conditions as well as the data protection regulations can experience adjustments from time to time. Shimmy AG asks you to read these terms and conditions carefully each time you visit the website and each time you order goods. These AGB apply exclusively. Opposing, supplementing or from these AGB deviating conditions require for their validity the express written confirmation by Shimmy AG. The customer confirms to accept these general terms and conditions including delivery and payment conditions comprehensively when using this website or when ordering goods. 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 Shimmy AG.

2. Information on this Website

Shimmy AG contains information about products and services. Price and assortment changes as well as technical changes remain reserved. All information on www.shimmy.li (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Shimmy AG endeavors to provide all information and data on this website correctly, completely, up-to-date and clearly arranged, but Shimmy AG can neither expressly nor tacitly guarantee this. All offers on this website are non-binding and are not to be understood as a binding offer. Shimmy AG cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.

3. Prices

Shimmy AG contains information about products and services. Price and assortment changes as well as technical changes remain reserved. All information on www.shimmy.li (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Shimmy AG endeavors to provide all information and data on this website correctly, completely, up-to-date and clearly arranged, but Shimmy AG can neither expressly nor tacitly guarantee this. All offers on this website are non-binding and are not to be understood as a binding offer. Shimmy AG cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.

4. Conclusion of the Contract

The offers on this website represent a non-binding invitation to the customer to order products and/or services from Shimmy AG. By placing an order via this website, including acceptance of these GTC, the customer makes a legally binding offer to conclude a contract. Shimmy AG will then send an automatic “order confirmation” by email confirming that the customer’s offer has been received by Shimmy 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 Shimmy AG sends a declaration of acceptance by email confirming the dispatch of the ordered products or services. Orders are only delivered after complete receipt of payment (exception: delivery against invoice) and if the goods are available. If it turns out after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered completely, Shimmy AG is entitled to withdraw from the entire contract or from a part of the contract. If Shimmy AG has already received payment from the customer, the payment will be refunded to the customer. If no payment has yet been made, the customer is released from the obligation to pay. Shimmy AG is not obliged to make a replacement delivery in the event of termination of the contract.

5. Payment Options and Retention of Title

The customer has access to the payment options indicated in the order process. Shimmy AG reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment. After expiration of the aforementioned payment period, the entire invoiced claim becomes due and the default occurs automatically without reminder. In the event of a delay in payment, Shimmy AG can instruct a debt collection company at home or abroad or assign the claim. In case of default of payment by the customer, default interest of 14.9% per year as well as a maximum reminder fee of CHF 20 per reminder can be charged. If a third party is commissioned with the collection of payment arrears, further fees and additional costs according to the table of the (VSI) Verband Schweizerischer Inkassotreuhandinstitute (http://www.vsi1941.ch) may be incurred, with which you expressly agree. The products delivered to the customer remain the property of Shimmy AG until full payment has been made.

6. Delivery, Inspection Obligation, Notification of Defects and Return of Goods

Deliveries are made by post or courier to the address indicated by the customer in the order. The invoice will be sent by email or by post. With the dispatch benefit and risk are transferred to the customer, as far as this is legally permissible. If the delivery cannot be delivered or if the customer refuses to accept the delivery, Shimmy AG may dissolve the contract after notifying the customer of a complaint by e-mail and setting a reasonable deadline and charge the customer for the costs of the activities. The customer is obliged to inspect the delivered goods immediately after receipt of the delivery and to immediately notify Shimmy AG in writing of any defects for which Shimmy AG warrants by letter or email to the address in the imprint. Returns to Shimmy AG are 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 note and a detailed description of the defects to the return address given by Shimmy AG in the imprint. If the inspection by Shimmy AG reveals that the goods have no detectable defects or that these are not covered by the manufacturer’s warranty, Shimmy AG can charge the customer for the activities, the return or any disposal.

7. Right of Cancellation

The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation to Shimmy AG by e-mail (info@shimmy.li) or letter (Shimmy AG, Landstrasse 123, POBox 634, LI-9495 Triesen) within the deadline. The revocation does not require any justification. The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address indicated by Shimmy AG at (Shimmy AG, C/O Fiege Logistik (Schweiz) AG, Helsinkistrasse 12, CH-4142 Muenchenstein). Returns to Shimmy AG are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if Shimmy AG has already received the goods back or if the customer can provide proof of shipment. Shimmy AG reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or invoice the customer.

In the following cases no right of revocation is granted:

(i) If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no control.

(ii) If the contract relates to a movable item which, by its nature, is not suitable for return or is liable to deteriorate rapidly;

(iii) if the contract concerns a movable item made to the consumerĀ³s specifications or clearly tailored to his personal needs;

(iv) If the subject matter of the Agreement is digital content and such content is not provided on a fixed medium or if the Agreement is to be performed in full immediately by both parties;

(v) If the subject matter of the Contract is a service and the Contract is to be fully performed by the Provider with the prior express consent of the Consumer before the expiry of the withdrawal period.

(vi) In the areas of accommodation, transport, delivery of food and drink and leisure activities, if the Provider undertakes to provide the services at a specific time or within a specified period of time upon conclusion of the contract.

8. No Sale to Minors

Alcoholic beverages may not be sold in Switzerland to young people under the age of 16 in accordance with legal regulations, spirits not to minors under the age of 18. By placing an order at www.shimmy.li, the customer acknowledges these provisions and confirms that he is entitled to purchase. Shimmy AG rejects any liability in the event of non-compliance.

9. Warranty

Shimmy AG strives to deliver goods of impeccable quality. In the event of timely notification of defects, Shimmy AG assumes the warranty for freedom from defects and operability of the item purchased by the customer during the statutory warranty period of two years from the date of delivery, as a rule. Shimmy AG has the discretion to provide the warranty by free repair, equivalent replacement or by reimbursement of the purchase price. Further claims are excluded. The warranty does not cover normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects attributable to external circumstances. The warranty for consumables and wearing parts is also excluded. It is not possible for Shimmy AG to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate any rights of third parties not owned by Shimmy AG.

10. Liability

Shimmy AG excludes all liability, regardless of its legal basis, as well as claims for damages against Shimmy AG and any auxiliary persons and vicarious agents. In particular, Shimmy AG is not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage or pure financial loss of the customer. Further mandatory legal liability is reserved, for example for gross negligence or unlawful intent. Shimmy AG uses hyperlinks only for the simplified access of the customer to other web offers. Shimmy AG can neither know in detail the content of these websites nor assume any liability or other responsibility for the content of these websites.

11. Data Protection

Shimmy AG may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations from the purchase contract as well as use it for marketing purposes. The data necessary for the fulfilment of the service can also be passed on to commissioned service partners (logistics partners) or other third parties. The further data protection regulations can be found under the following link: www.shimmy.li/Datenschutz

12. Other Provisions

Shimmy AG expressly reserves the right to change these GTC at any time and to put them into effect without prior notice. In the event of disputes, only substantive Swiss law shall apply, to the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction shall be Vaduz, insofar as the law does not provide for mandatory places of jurisdiction.

13. Copyright Notice

All rights, namely copyrights, to these GTC are owned by Shimmy AG. Any duplication, distribution or other use is prohibited and only permitted with the express written consent of Shimmy AG. Shimmy AG reserves the right to take all legal steps in the event of a violation of this provision.

14. Contact

If you have any questions regarding these terms and conditions, please contact: www.shimmy.li/impressum

(Version 01.12.2018)