Terms and Conditions

General Terms and Conditions (hereinafter referred to as "T&C") of Princessdolls, online shop of Trendfactory GmbH, Neuhofstrasse 5, 8630 Rüti.

1 Scope of Application

(1) These General Terms and Conditions apply to all orders you place in the online shop at princessdolls.ch.

Shop website: www.princessdolls.ch; email: info@princessdolls.ch

(2) The goods offered in our online shop are intended exclusively for buyers who have reached the age of 18.

(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions apply to private individuals and companies and thus to all future business relationships, even if they are not expressly agreed upon again.

(4) The contract language is German.

(5) You can view and print the currently valid General Terms and Conditions on the website.

2 Conclusion of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) When you place a binding order in the Princessdolls online shop (purchase via shopping cart with confirmation), you submit a binding purchase offer.

(3) After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order. This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet concluded with this confirmation of receipt.

(4) A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer (email: order confirmation) or when we ship the goods to you without a prior explicit declaration of acceptance.

3 Order Conditions

Every order placed is legally valid in accordance with Swiss law (OR).

• In case of cancellation, the standard industry fees of 33% of the order value will be incurred, with a minimum of CHF 80. Failure to pay the deposit / invoice in accordance with the order confirmation is considered a cancellation.
  
  The company reserves the right to refuse an order without giving a reason.
  
  
• Customer-specific orders or special dimensions that have been confirmed by us and the supplier cannot be canceled.
• Purchase with partial payments: with a positive credit check, purchase with partial payments is possible under the following condition: a deposit of 35% with the order, and the remaining amount in partial payments from CHF 400 per month.

  The right to retain title remains reserved.

The entire order process takes place via email.

4 Prices

(1) The prices stated on the product pages include the statutory value-added tax and other price components and are exclusive of the respective shipping costs (unless otherwise specified).

5 Payment Terms; Default

(1) Payment can be made by:

• Invoice (for existing customers only)
• Bank transfer (prepayment)
• Paypal
• Cash payment (upon pickup)
• Purchase on invoice with partial payment option (POWERPAY)

(2) If you choose the bank transfer (prepayment) payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.

(3) If you choose cash payment (upon pickup), we require a deposit (usually 50% of the purchase price) before we start production (unless it is a stock item). The production of your Real Doll will only begin after the deposit has been received. The remaining amount (usually 50% of the purchase price) must then be paid in cash upon pickup. If no deposit is made within 14 days, we will cancel the order (if necessary, after consultation).

4 Purchase on Invoice with Partial Payment Option (POWERPAY)

As an external payment service provider, MF Group / POWERPAY offers the “purchase on invoice” payment method. With the single invoice, you can easily settle your online purchase. If you choose not to pay within the specified timeframe, you will subsequently receive a monthly invoice in the following month with an overview of your orders.

Upon conclusion of the purchase contract, POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. You will receive the invoice free of charge via email. By purchasing on invoice, you accept the T&C of POWERPAY in addition to our own T&C (powerpay.ch/de/agb), provided you have a valid email address.

Please note that for amounts over CHF 1000, an enhanced credit check will be conducted by Powerpay.

The invoice is payable within 30 days of receiving the goods.

6 Offsetting/Right of Retention

(1) You are only entitled to a right of offset if your counterclaim has been legally established, is undisputed by us, or is recognized by us.

(2) You can only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

7 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have provided.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

• We reserve the right of ownership of the goods until all claims from the ongoing business relationship have been paid in full. Before the transfer of ownership of the reserved goods, pledging or transferring ownership as security is not permitted.
• You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
• In the event of the reserved goods being combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
• We undertake to release the securities to which we are entitled upon request, insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is at our discretion.

8 Right of Withdrawal

There is no right of withdrawal, as the products are custom-made and are not suitable for return for reasons of health protection or hygiene.

9 Transport Damage

Any transport damage must be reported immediately to the delivery person upon receipt. Otherwise, the customer assumes responsibility for any possible damage. Report to: Trendfactory GmbH, Neuhofstrasse 5, 8630 Rüti, phone number: +41 (0)76 214 77 33, email address: info@princessdolls.ch

10 Liability

The customer shall fully indemnify Princessdolls for all damages incurred by Princessdolls due to a breach of the purchase contract between Princessdolls and the customer (e.g., by a cancellation of a credit card payment).

The liability of Princessdolls, its employees, and suppliers for any damages is excluded, including and without limitation for direct, indirect, and consequential damages that have arisen in connection with the purchase, delivery, or use of the products, with the exception of damages suffered by the customer due to willful or grossly negligent misconduct on the part of Princessdolls.

We assume no liability for consequences suffered by the customer due to misconduct with the product, including, but not limited to, displaying it in public or the spread of sexually transmitted diseases due to inadequate care or due to use by other people or through private resale.

The liability of Princessdolls for damages for which Princessdolls may not exclude liability by law is not limited by the above disclaimer.

Princessdolls expressly declares that it has no influence whatsoever on the design and content of the linked pages for all links contained on the website. Princessdolls expressly distances itself from all content of linked third-party pages and rejects any liability for them.

11 Warranty

The product descriptions in the SHOP do not constitute guarantees. Especially due to the nature of the manufacturing process, the ordered products may differ slightly from the images and descriptions shown in the shop (e.g., deviations in dimensions or colors).

The customer must inspect the ordered products upon receipt and immediately notify Princessdolls of any defects. If the customer fails to give notice within 7 days of receiving the goods, the goods are considered free of defects and the delivery is deemed approved.

Princessdolls is committed to diligence and generally delivers goods of good quality. Should the ordered products have defects, Princessdolls is entitled to rectify them or to deliver replacement products. If no rectification or replacement delivery can be provided, the customer can demand rescission or a price reduction according to the provisions of the Swiss Code of Obligations. Any reimbursement will always be made via the same payment method used for the original payment.

Princessdolls excludes any further warranty. The customer only has the warranty rights in accordance with these T&C, to the exclusion of any further warranty rights.

Excluded from the warranty are defects for which Princessdolls is not responsible, such as natural wear and tear, force majeure, improper handling, intervention by the customer or third parties, excessive stress or extreme environmental influences, transport damage, and other comparable causes.

12 Final Provisions

(1) Should one or more provisions of these T&C be or become invalid, the validity of the other provisions will not be affected (severability clause).

(2) The provisions of Swiss law apply, even if the order is placed from abroad or delivered abroad.

(3) The place of jurisdiction for all claims in connection with your order is Zurich.