§1 Validity of the conditions

GOGGHI is a clothing label based in Rainweg 11 4624 Härkingen. Deliveries, services and offers from the GOGGHI online shop are based exclusively on these general terms and conditions, even if they are expressly agreed again. By ordering the goods or service, these conditions are deemed to have been accepted. The customer's general terms and conditions of purchase are hereby contradicted. Deviations from the general terms and conditions are only effective if they are confirmed in writing by GOGGHI.

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§2 Offer and conclusion of contract

The offers from GIGGHI in price lists and advertisements do not represent a legally binding offer, but rather an invitation to the customer to place a binding order. Offers such as checked returns and sales are excluded from the liability of availability.

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By clicking the order button on the online shop, the customer places a binding order for the products listed on the order page. GOGGHI confirms receipt of the order immediately after receipt. Orders are only binding for GOGGHI after a written order confirmation. If it is determined after the order confirmation that the delivery of the goods is not possible or that there was a price error, the order will be canceled or, in the case of price errors, if the goods have already been delivered, the price difference will be requested from the customer. In the event of price errors, the customer is entitled to return the goods to GOGGHI if the customer does not agree to the subsequent settlement of the price difference. In any case, the customer cannot assert any further claims against GOGGHI or a supplier.

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The information in the sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guide values and do not represent any guarantee of properties unless they are expressly designated as binding in writing.

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If a customer exceeds his credit limit by placing an order, GOGGHI is released from the delivery obligation.

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§3 Prices

The prices stated in the order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks and errands, the daily price on the day of the order applies. The prices are in Swiss francs including the statutory value-added tax and, unless otherwise agreed, plus transport costs. The current prices are published in the online shop, price changes and errors reserved.

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§4 Terms of Delivery

Deliveries are only made to addresses within Switzerland and the Principality of Liechtenstein.

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Dates and delivery periods are non-binding unless otherwise expressly agreed in writing. The specification of specific delivery periods and delivery dates by GOGGHI is subject to the correct and timely delivery of GOGGHI by suppliers and manufacturers.

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Upon delivery, the accessibility of the goods must be guaranteed by the customer.

Visible differences in quantity must be reported to GOGGHI in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the consignment.

 

§5 Default of Acceptance

If the customer refuses to accept the delivery items after a grace period set for him or declares that he does not want to accept the goods, GOGGHI can refuse to fulfill the contract and demand compensation for non-performance. GOGGHI is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the damage actually incurred from the customer as compensation.

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§6 Transfer of risk

The risk passes to the customer as soon as the shipment has been handed over to the company responsible for the transport. If the shipment is delayed or becomes impossible through no fault of GOGGHI, the risk passes to the customer upon notification of readiness for shipment. If GOGGHI assumes the transport costs as agreed in individual cases, this has no influence on the transfer of risk.

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§7 Warranty/Guarantee

After delivery or collection, GOGGHI does not guarantee that the product ordered is free of defects or functional, unless otherwise expressly agreed in writing. 

Insignificant deviations from the guaranteed properties of the goods do not trigger any warranty or guarantee rights.

If a warranty or guarantee case occurs, there is a right to rectification, replacement or conversion. GOGGHI has the choice of how to remedy the defect. If GOGGHI decides to change the contract, a credit will be made at the current price (maximum the sales price at the time of the order). 

Warranty and guarantee claims against GOGGHI are only available to the direct customer and cannot be assigned.

The statutory warranty is waived in its entirety.

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§8 Returns

Customers have the right to return the goods within 7 days of delivery. The right of return is exercised by returning the goods, provided that the goods are unopened and unused. In any case, the return of the goods must be reported to GOGGHI in writing in advance and can only be initiated by the customer after GOGGHI has given its consent. The transport costs are always at the expense of the customer.

Exercising the right of return leads to the conversion of the purchase contract into a reverse transaction relationship, after which the services received under the purchase contract must be reimbursed. 

After receipt of the goods, a purchase price that has already been paid will be credited to the customer's customer account. However, we reserve the right to deduct the purchase price to be refunded or to issue an invoice for possible damage, wear and tear of the goods or, if agreed, shipping costs for the goods. GOGGHI can refuse the credit until it has received the goods back.

In any case, the customer is responsible for packaging the goods to be returned in a manner suitable for transport. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transport of the goods. The transfer of risk to GOGGHI only occurs when the goods arrive at GOGGHI.

§9 Payment

Invoices are payable strictly net when ordering in advance. The available payment methods are published in the online shop. GOGGHI reserves the right to carry out a credit check if necessary in accordance with GOGGHI's data protection declaration. 

A payment is only deemed to have been made when GOGGHI can dispose of the amount. 

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§10 Transport costs

The transport costs depend on the quantity and weight. Up to an order amount of CHF 250, the transport costs are paid by the customer. From this amount, GOGGHI takes care of it. In any case, they do not apply if the customer collects the goods on site.

 

§11 Limitation of Liability

Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against GOGGHI and against auxiliaries and substitutes, unless intentional or grossly negligent action is involved. Any liability for consequential damage resulting from the use of the products is rejected.

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§12 Copyright

Companies, brands, trademarks, trademarks, images and logos used on the GOGGHI online shop are the property of GOGGHI or their respective owners.

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§13 data protection

GOGGHI undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate data protection declaration. The data protection declaration is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the data protection declaration.

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§14 Jurisdiction

Olten is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

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§15 Final Provisions

GOGGHI reserves the right to modify the general terms and conditions at any time. 

Should a provision of these general terms and conditions be ineffective, this has no effect on the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the ineffective provision.