AGB's
(Version: 01/2024)
Our range of goods in the online store is aimed exclusively at consumers with their usual place of residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as "customers").
is the operator of the online store at store.minimono.ch (hereinafter referred to as the "online store") and the customer's contractual partner:
Pengin & Friends AG
Sickingerstrasse 10
3014 Bern
These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between you as a customer and us as the operator of the online store www.minimono.ch (hereinafter "Seller"). As part of the ordering process, you accept the GTC in the version valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing in order to be legally binding. The requirement of written form is also fulfilled if a declaration is contained in an e-mail.
The offer to conclude a purchase contract is made by the customer by clicking on the "Buy now" button after completing the order page. The customer remains bound to the order for one week. The contract is binding if we accept the order within this period in accordance with section 2.3.
After sending the order, the customer receives an automated e-mail confirming receipt of the order (order confirmation). The order confirmation merely serves as information that we have received the order.
A contract is only validly concluded when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice/advance payment to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (dispatch confirmation) or, at the latest, by delivering the goods.
The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or dispatch confirmation. This also conclusively defines the scope of performance.
All prices are in Swiss francs (CHF) including VAT and delivery costs for postal dispatch (PostPac Economy).
Payment of the purchase price can be made by credit card (VISA or Mastercard, Twint, Apple pay, Google pay, Paypal) if provided and available on the website.
orders are payable immediately, subject to the following provisions.
The Seller limits deliveries to the territory of Switzerland and the Principality of Liechtenstein. Delivery shall be made directly to the address provided by the Buyer.
Delivery shall be subject to timely and proper delivery to us by our suppliers. In the event of force majeure such as strikes and other labor disputes, riots, war, natural disasters, as well as in the event of a delivery block by the manufacturer or upstream supplier, there shall be no delay in delivery. The vendor shall not be liable for delays in delivery caused by manufacturers or third parties.
If not all the goods ordered are in stock, we shall be entitled to make partial deliveries or provide them on site. Should it become apparent after conclusion of the contract that goods cannot be delivered either in part or in full for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
Our performance is a debt to be discharged and is fulfilled when the goods are handed over to the carrier.
After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. We are not responsible for any fault on the part of the transport company used.
Delivery times are 3-5 working days.
You are obliged to inspect the delivered products as soon as it is feasible in the normal course of business and to notify our customer service immediately of any defects detected at info@minimono.ch. If you fail to do so, the products shall be deemed to have been approved. Approval shall in any case be deemed to have been granted if the customer has not notified our customer service by e-mail within 8 days of delivery.
Defects that were not recognizable during proper inspection in accordance with the above paragraph must be reported to our customer service immediately after discovery by e-mail to info@minimono.ch, otherwise the ordered products shall also be deemed approved with regard to these defects.
The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the buyer by e-mail after receipt of the written complaint. The transportation costs incurred shall be borne by the customer.
We provide a warranty by rectifying defects. This is done at our discretion either by subsequent performance, i.e. rectification of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.
If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer's right to a reduction in price is excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the buyer or third parties or defects caused by external circumstances:
- In particular, worn, soiled or damaged items are excluded from the warranty;
- Defects resulting from incorrect storage are not considered warranty cases.
The customer does not receive any guarantees in the legal sense from the seller. Explicit manufacturer warranties remain unaffected by this. The seller assumes no liability for the descriptions of third parties.
The customer has the right to return the delivered goods within 14 calendar days (from the date of confirmation of delivery or receipt). The return deadline is met if the goods are handed over to the post office or another shipping company for return on the last day.
The goods must be returned in their original packaging, complete with all accessories (labels and box) and with the completed delivery note/return bill enclosed. The prerequisite for exercising the right of return is that the goods have only been worn/tried on for fitting, as in a store, and that the goods are undamaged and clean.
The goods must be returned to the following address, enclosing the completed returns bill included in the delivery, which you received by e-mail:
Pengin & Friends AG
Sickingerstrasse 10
3014 Bern
The customer bears the costs of returning the goods. Shipping costs and gift wrapping costs will not be refunded. Promotional and discount vouchers will also not be refunded. If the goods are not returned in proper condition, we will charge you for the loss in value incurred.
If the goods are returned in proper condition, we will refund the total price paid to the customer by credit note after checking the goods. A refund will always be made to the means of payment used for the purchase. In the case of any refunds from purchase on account, we will refund the amount to the corresponding account.
All cases of breaches of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the buyer - irrespective of the legal grounds - are excluded to the extent permitted by law. The Seller, its auxiliary persons and any vicarious agents shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Buyer.
The customer hereby consents to the storage of the personal data entered by him/her in the course of using the website. This also applies to the storage of IP addresses, which are transmitted each time the website is used. The customer also consents to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be passed on to advertisers.
The customer also agrees that the vendor may use the customer's personal data for direct marketing purposes. This includes contacting customers by e-mail and post.
By accepting the GTC, the customer confirms the accuracy of the information provided and authorizes the seller to obtain all information necessary for checking the order from public authorities, credit agencies and the Central Office for Credit Information (ZEK).
The customer confirms that he/she has read and accepted the separate data protection declaration (as of 01/2024).
Should individual provisions of these GTC be invalid or incomplete or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the original intention and the economic purpose of the invalid provision. All amendments or additions to these GTC must be made in a form that can be evidenced by text, such as fax and e-mail. This also applies to any change to the written form requirement. As soon as the customer makes use of the seller's services after the amendment, he implicitly agrees to the new GTC.
Any other contractual terms and conditions of the customer, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They shall only be valid if and insofar as they have been expressly accepted by the seller in writing.
Swiss law shall apply exclusively, excluding the conflict of laws provisions of the Vienna Sales Convention. The place of jurisdiction is Bern.
Pengin & Friends AG
Sickingerstrasse 10
3014 Bern
shop@minimono.ch
+41 31 333 13 63