Terms and conditions

Last update: 27.09.2023

These General Terms and Conditions of Business of KOOKOOBANY GMBH as the seller and you as the customer apply to all orders in the KOOKOOBANY online shop (www.kookoobany.com) as well as to those purchases for which KOOKOOBANY GMBH declares these General Terms and Conditions to be applicable.

Scope
The General Terms and Conditions (GTC) apply to all services provided by KOOKOOBANY GMBH in the online shop (www.kookoobany.com) and become valid when a contract is concluded. The deliveries, services and offers from KOOKOOBANY GMBH are carried out exclusively on the basis of these GTC, even if they are not expressly agreed again. By sending an order to KOOKOOBANY GMBH, you confirm that you have read these GTC and expressly agree to them. 

 

Conclusion of a contract 
All Information about goods and prices within the ordering process is subject to exchange and non-binding. Orders are binding for customers. Accordingly, orders cannot be changed or cancelled. For orders, customers receive a non-binding confirmation from the seller. Before notification of shipping, through which the contract with the seller comes into effect, KOOKOOBANY GMBH can revoke its offer without further notice. By placing your order, you confirm that you are clear about the scope and content of your order. Questions in this context can therefore be clarified with us in advance. 

Delivery
The goods are generally delivered via post or courier. The delivery time in Switzerland is usually 1 to 5 working days, unless otherwise stated for the respective product. This information is without guarantee.
If the sender does not provide the address correctly or an address where the post office cannot locate the person, then the return shipping costs charged by the post office must be borne by the purchaser. After the goods have been handed over to the post office, KOOKOOBANY GMBH no longer accepts any liability. KOOKOOBANY GMBH therefore does not bear the transport risk.
If an item in the range is exceptionally not available, we will inform you as soon as possible via email. In principle, KOOKOOBANY GMBH reserves the right to make a partial delivery if this appears to be helpful for the efficient processing of the overall delivery. Of course, in such cases no additional shipping costs will be charged for subsequent delivery. In addition, KOOKOOBANY GMBH reserves the right to demand 100% advance payment for deliveries abroad.

Prices
All prices on www.kookoobany.com include the VAT required by law in Switzerland (currently 7.7%) and exclude shipping costs. The actual shipping costs are displayed in the shopping cart before completing the order. KOOKOOBANY GMBH expressly has the right to adjust the prices stated online at any time without notice and without further explanation. The time of ordering on the website applies to the calculation of prices. 

Shipping
Shipping costs are calculated based on the current post office prices on: http://www.post.ch/
And in addition, all costs incurred during packaging. For shipments to countries outside of Switzerland, please note that depending on the amount of your order, customs duties may also apply, which you will also have to pay.

Payment terms
The following payment options are available to you: Purchase on account (POWERPAY)*, Paypal, credit card (via SIX). We also reserve the right to offer advance payment via bank transfer. If you pay in advance by bank transfer, the payment deadline is usually 7 days. If payment is not received within this period, KOOKOOBANY GMBH reserves the right to cancel the order and release the goods for sale again. Any transfer fees are to be borne by you. 

*Purchase on account with partial payment option (POWERPAY)MF Group / POWERPAY, as an external payment service provider, offers the payment method “purchase on account”. With the individual invoice you can easily pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month. 
When the purchase contract is concluded, POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our general terms and conditions.

Retention of title; On Bill; Right of retention
(1) For consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations to us, all existing claims become due immediately.

Guarantee and warranty
The guarantee for goods corresponds to generally accepted standards and is 24 months, unless a longer or shorter guarantee period is expressly stated on the goods delivered. Damaged goods must be reported in writing to the company address within 10 days of delivery or after the damage occurs, otherwise the warranty claim will be void entirely. The guarantee claim applies from the delivery date. It expires if used improperly or due to natural wear and tear. The bag should not be loaded with more than 5 kilograms. KOOKOOBANY GMBH reserves the right to make individual decisions in the event of a warranty. The guarantee and warranty for items that have been declared as outlet goods are excluded.

Return guarantee
Every buyer has the right to return their received items to KOOKOOBANY within 14 days. For returns, the items must be returned in hygienic condition, otherwise the claim for return is forfeited. For returns, the buyer will be charged the shipping costs incurred by KOOKOOBANY or deducted from the refund amount. The return costs must be borne by the buyer. By accepting the terms and conditions you also automatically accept our return policy. Items declared as outlet goods.

Minor model deviations
It happens that the design of individual articles changes slightly. Naturally, KOOKOOBANY GMBH cannot accept any liability for such modifications made by manufacturers and suppliers.

Care/Handling
KOOKOOBANY GMBH accepts no liability for the customer's misconduct in the care and/or handling of the articles supplied.

Donation 
We donate a specific amount for every sold article. Each month, an amount is donated to La CROIX ROUGE BURKINABE .  

Data protection
KOOKOOBANY GMBH undertakes to process your customer data carefully and to observe the provisions of the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be accepted for the security of data transmitted via the Internet.

Marketing
KOOKOOBANY GMBH reserves the right to re-use the e-mail address and telephone number provided when placing an order for its own marketing purposes (newsletter & other). You can opt out of this by sending a personal e-mail to info(at)kookoobany.com.

Reviews of products
KOOKOOBANY sends automated e-mails after the purchase, which ask customers to review the purchased products. KOOKOOBANY reserves the right to use these and all other reviews (without e-mail request) for marketing purposes.

Vouchers
Personal vouchers, which have only been created for a specific person or for a specific group, may not be passed on and may only be redeemed by persons authorised by KOOKOOBANY GMBH. KOOKOOBANY GMBH reserves the right to cancel any unauthorised orders without comment. Only one discount code may be used per order.

Liability in general
It is hereby expressly pointed out that no liability claims for direct and indirect as well as direct and indirect damage, including consequential damage, can be asserted by the customer against KOOKOOBANY GMBH, insofar as there is no intent or gross negligence on the part of KOOKOOBANY GMBH for the damage incurred. For example, damage resulting from accidents, falls, etc., which occur when handling KOOKOOBANY products (bags, etc.), are your own responsibility. 

Change GTC
KOOKOOBANY GMBH expressly reserves the right to unilaterally amend these GTC at any time without prior notice.

Applicable law / place of jurisdiction
In any case, the relationship between you and KOOKOOBANY GMBH shall be governed by Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The place of jurisdiction is Switzerland. The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.

Severability clause
Should individual provisions of this agreement prove to be invalid, this shall not the remaining provisions of this agreement shall not be affected thereby. In this case the invalid provision shall be replaced by a new provision that corresponds to the intended purpose or, if this is not possible, comes as close as possible to this purpose.