1. General information
Gift And Smile operates the sales platform. All contractual relations between Gift And Smile and their customer are exclusively subject to the 'General Terms and Conditions' and conditions valid at the time of the contract conclusion. Individual agreements deviating from these terms shall be expressly confirmed in writing.
2. Contract conclusion
Listing of products in the Internet or in other media by Gift And Smile does not represent a binding offer for sale. The customer's order is a binding offer. Gift And Smile can accept this offer within two weeks by forwarding a confirmation of order. The customer can place a binding order by Internet, email, letter or fax with full information on name, first name, and postal address, Tel. No. or email address and indication of the arrangement of payment. The customer is obligated to specify the required particulars (name, address etc.) truthfully and completely.
3. Prices, forwarding expenses
Orders are accepted at the in each case current prices and terms. All prices include the legal value added tax plus shipping expenses.
The shipping expenses are calculated online.
The prices are indicated in Euros, USD and Swiss Franks. Conversion in Swiss Franks and USD are meant as additional information. The calculated prices from Euros into USD and Swiss Franks are only approximate values that are subject to the rate of exchange fluctuations. For accounting the currency selected by the customer is used.
4. Payment options
PREPAYMENT: We accept bank transfer.
CREDIT CARD: We accept Visa, Eurocard, Mastercard, American Express, PostePay, Visa Electron and Discover.
PAYPAL: Online Funds
SOFORTBANKING: Sofortbanking has been certified by the largest German quality and security institute, the TÜV, according to best-practice data privacy standards. There is no need for an additional registration or a credit card. It works simply, secure and fast with your online banking account.
5. Right to revocation and return
The consumer is entitled to cancel the contract, as long as the ordered goods have not yet been shipped or delivered.
In our enterprise we decide with view to customer satisfaction for fair dealing reasons.
If a product does not meet your expectations, we take it back gladly within 30 days with a RMA (Return Material Authorization). A product return must be previous approved by Gift And Smile. Products can be sent back only with RMA and at the expense and risk of the customer. The RMA may be requested on-line in the customer account. Only unused and complete products in the original state with original packaging can be refunded to 100% of the purchasing price. Shipping costs are not refundable. Depending upon product condition, restocking fee may apply. Hygiene products cannot be returned for understandable reasons. The customer may return products original-packed under supplement of a detailed error or description as well as the purchase receipt and the RMA. Gift And Smile reserves itself the right, to return products because of above mentioned reasons at expense and risk of the customer.
7. Supply, delivery time, delivery terms
Prerequisite for delivery is a binding order by Internet, email, letter or fax with full information on name, first name, and postal address, Tel. No. or email address and indication of the arrangement of payment.
Gift And Smile will aim for fastest possible shipping of your order. We normally ship within 1 working day.
The customer must immediately notify the shipping company of products damaged en route.
The orderer carries the responsibility, if the shipping address is incorrect or if the recipient is not present at time of delivery or if the package is not picked up from the post office. We reserve the right to invoice the complete goods value.
8. Retention of title
We retain title on the shipped object up to complete payment of all accounts receivable from the supply contract.
9. Payment date and payment, default
The invoice amount is due 14 days after receipt of the invoice without any deduction when paying by invoice (this option is not avaiable for this time). The shipment is only affected after receiving the complete invoice amount in the case of prepayment. Gift And Smile is entitled to forward the name and the address of the customer to the collection partner, if the buyer is in default with the payment of the purchase price. Interest of 5% over the in each case valid discount rate of the European Central Bank shall be paid in the case of default starting from maturity of the invoice.
10. Place of delivery, area of jurisdiction
The present contract and all legal relations of the parties are subject to the right of Switzerland under exclusion of the UN Sales Convention (CISG). Place of delivery is Zurich; the same applies to the area of jurisdiction, even if the customer is not a merchant who has been entered as such in the commercial register and we assert our rights in the dunning procedure.
This right also applies without restrictions in the case of delivery to foreign customers.
Gift And Smile is a distributor only. Products sold by Gift And Smile are not manufactured by Gift And Smile . The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Gift And Smile assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Gift And Smile makes no representation or express warranty with respect those stated in this document. Gift And Smile disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose and implied warranties arising from statute, trade usage, course of dealing, or course of performance.
12. Limitation of Liability
In all circumstances Gift And Smile liability is excluded. Gift And Smile shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells. Gift And Smile shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not Gift And Smile is apprised of the possibility of such claims or damages.
13. Final clauses
Should become individual regulations of the present treaty ineffective or containing a gap then the remaining regulations remain unaffected of it. The General Terms and Conditions are published in German, Italian, Spanish and English. In the event of contradiction, the English version shall be authoritative.