Terms of service

1 General

1.1 These General Terms and Conditions (hereinafter referred to as GTC) govern the rights and obligations between Gamergirl.ch c/o Bence Borbély (sole proprietorship), Birchlenstrasse 20, Dübendorf, 8600 - Switzerland (hereinafter referred to as the Supplier) and the customer in relation to all transactions between the parties in the Supplier's online shop, available at gamergirl.ch. The GTC form an integral and supplementary component. By placing an order, the customer recognises these GTC as a binding part of the contract.

1.2 The GTC apply in the version current at the time the contract is concluded.

1.3 General terms and conditions of the customer or third parties that conflict with or deviate from the following provisions shall not apply.

2 Registration on gamergirl.ch

2.1 When ordering goods and/or creating a customer account on gamergirl.ch, the customer will be asked to register and provide his personal data.

2.2 When entering the personal data required for registration, the customer is responsible for providing truthful and complete information. The customer is obliged to treat the personal access data confidentially and not to make it accessible to unauthorised third parties. Confirmation of the registration shall take place immediately after the registration has been sent.

2.3 The customer must refrain from any interference with the gamergirl.ch website or any further use of the accessible data outside of the intended use within the platform. Any manipulation with the aim of obtaining unauthorised payments, unauthorised deliveries or other advantages to the detriment of the supplier or other parties may, in addition to legal consequences, result in the loss of access to gamergirl.ch in particular. Customers are authorised to use the online offer within the scope of the respective availability. The content may only be used for their own private, non-commercial purposes.

2.4 Each customer is authorised to maintain only one customer account. The Supplier reserves the right to delete customer data, in particular multiple registrations, at any time and without giving reasons, or to block a user name or password.

2.5 There is no entitlement to permanent availability of the website or access to the data or other services offered. The Supplier does not guarantee that the Website will be available without interruption.

3. offers / order / order confirmation and order changes

3.1 The listing of the product range at gamergirl.ch alone does not constitute a legally binding offer. The presentation on the Internet is non-binding.

3.2 The order placed by the customer via the online shop constitutes a binding offer to conclude a purchase contract. The customer shall then receive confirmation of receipt of the order from the supplier. This confirmation does not constitute acceptance of the offer on the part of the Supplier. The Supplier reserves the right to reject the request without giving reasons.

3.3 The contract shall be deemed to be legally binding as soon as the Supplier confirms its acceptance to the Customer in writing after receipt of the order (binding order confirmation).

3.4 The Supplier expressly points out that the conclusion of the contract is subject to the availability of the articles or products by its suppliers or manufacturers.

3.5 The order confirmation, including any documents to which it refers, is solely authoritative for the scope and execution of the order and services. Services not included in the order confirmation shall be invoiced separately to the customer.

3.6 The products are always delivered according to samples, illustrations or sketches. Particularly in the case of repeat or supplementary orders, deviations are unavoidable unless otherwise agreed in writing by the Supplier. We also reserve the right to provide incorrect information/representations due to technical defects in the technical infrastructure.

3.7 Unless explicitly listed and mentioned, the accessories shown in the picture are not part of the product range. Accessories must be purchased separately.

3.8 Subsequent changes to the order by the customer shall only be binding on the supplier if the supplier agrees to them in writing. Any costs arising from the change to the order shall be borne by the customer.

4 Prices

4.1 The sales prices stated in the online shop/website are delivery prices. Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.

4.2 The customer is obliged to pay the price listed in the order confirmation in Swiss francs (CHF) plus VAT and any other costs listed in the order confirmation. The price shall be determined at the time the order is placed. The Supplier may make price changes at any time without prior notice.

4.3 Postage is not part of the purchase price. Technical changes, errors and misprints are reserved.

4.4 Unless otherwise agreed, prices are quoted gross.

5 Terms of payment

5.1 The Supplier accepts the payment methods displayed to the Customer during the order process.

5.2 All invoiced amounts are due immediately upon dispatch of the order confirmation.

5.3 Payments are to be made by credit card or, unless otherwise agreed, in advance. Payment deadlines must also be adhered to if the delivery is delayed.

5.4 Payments shall be made in full to the account specified by the Supplier without deduction of discounts, charges, taxes or fees of any kind.

5.5 Discounts and vouchers are only accepted subject to the conditions shown on the voucher/receipt. The entry of a voucher code or the assertion of a discount takes place during the payment process. Discounts not claimed during this process can no longer be subsequently granted. Discounts cannot be accumulated.

5.6 If the customer does not fulfil his payment obligation, he shall be in default upon expiry of the set payment deadline without further reminder and is obliged to pay the statutory default interest of 5%, unless otherwise agreed. The Supplier shall not charge any costs for the one-off payment reminder. A reminder fee of CHF 5.00 shall be charged for the first reminder and CHF 20.00 for the second reminder. At the end of the 64th day of default, the supplier shall be entitled to initiate debt collection or other legal action. If payment is delayed or jeopardised, the Supplier shall also be entitled to withdraw from the contract and reclaim the products. The right to compensation for further damages remains reserved.

5.7 Offsetting without the Supplier's consent is excluded.

5.8 Purchase on account with instalment facility (POWERPAY)

MF Group / POWERPAY offers the payment method ‘purchase on account’ as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC in addition to our GTC. (powerpay.ch/en/agb).

6 Retention of title

6.1 The Supplier shall remain the owner of the Products until the purchase price has been paid in full.

6.2 The Supplier is entitled to arrange for entry in the retention of title register (or in a comparable register abroad) at the Customer's expense if it considers its claim to be jeopardised.

6.3 The customer is obliged to take all actions and measures necessary to protect the supplier's property. In the event of any interference with the Supplier's property rights (e.g. by seizure), the Customer shall notify the Supplier immediately and indemnify and hold the Supplier harmless.

7 Delivery times and costs

7.1 The Supplier attaches great importance to maintaining the availability information carefully and to indicating it as accurately as possible. However, delays in delivery may occur due to production and delivery bottlenecks, incorrect stock data or for other reasons. All information on delivery times is therefore non-binding and without guarantee and may change at any time and without notice. The delivery period begins with the conclusion of the contract, but at the earliest after receipt of all information, documents and advance payments required by the customer. The products shall be deemed to have been delivered at the time they are handed over to the post office or another carrier.

7.2 The products shall be dispatched or delivered to the delivery address specified by the customer at the time of the order.

7.3 Deliveries are made Monday to Friday by carrier/courier/post.

7.4 Delivery and dispatch in Switzerland are carried out at the costs shown in each individual case. These are listed before the order is placed. For despatch and deliveries abroad, the information provided shall be regarded as indicative prices; the supplier must be contacted directly for details of the specific prices. The costs stated in advance may be adjusted to the actual costs incurred after delivery or dispatch. Any customs duties and other fees and/or taxes shall be borne by the customer.

7.5 In the event of delays in delivery, the customer will be informed by the supplier as soon as possible. If not all ordered products are in stock, the Supplier shall also be entitled to make partial deliveries at its own expense, provided this is reasonable for the Customer. If the ordered products are ultimately unavailable (e.g. because they are defective or sold out), the payments made shall be refunded in full, but no further costs shall be assumed.

7.6 If a delivery cannot be delivered to the addressee, a new delivery shall be made, whereby the customer shall bear the additional costs incurred in full. This applies in particular in the event that the customer has provided incorrect address details when placing the order.

7.7 The customer guarantees that the conditions for delivery are met on site without any special effort.

7.8 Delayed deliveries shall only entitle the customer to withdraw from the contract in writing after setting a grace period of at least 12 weeks. The Supplier shall not be liable for any costs caused by the delay. Late deliveries of up to 12 weeks do not entitle the customer to a discount.

8 Packaging and transport

8.1 The goods shall be packed by the Supplier at the Supplier's expense. Such packaging shall be used as the Supplier deems appropriate.

8.2 Transport shall be at the expense and risk of the customer.

8.3 Complaints due to transport damage must be made in writing to the post office immediately after receipt of the goods by the customer.

8.4 The customer is obliged to notify the supplier in good time of any special requests in connection with transport, packaging and delivery (e.g. express or partial deliveries, special arrival times, special means of transport, packaging or destinations, etc.) and to bear the additional costs incurred as a result. The Supplier is not obliged to take special requests into account.

9 Inspection and acceptance of the products

9.1 The Supplier shall inspect the products prior to despatch as far as usual.

9.2 The customer must carefully inspect the products for any defects immediately upon receipt. Any complaints must be notified to the Supplier immediately, at the latest within 3 days of receipt of the products, in writing and in detail by registered letter or by e-mail to info(at)gamergirl.ch (defects must be recorded by means of a photograph). If the customer fails to make such a complaint, the delivered products - subject to any concealed defects - shall be deemed to be free of defects and approved.

9.3 Defects that come to light later, which are not detected by the customer upon receipt of the products and could not have been detected even if a careful inspection had been carried out in accordance with Clause 9.2, must be reported by the customer to the supplier in writing and by registered mail immediately after their discovery.

10. right of return

10.1 The customer has a right of cancellation within 14 calendar days of receipt of the goods. The deadline is met if the customer sends the cancellation within the deadline in writing by e-mail to info(at)gamergirl.ch or by letter to Bence Borbély, Birchlenstrasse 20, 8600, Dübendorf. The cancellation does not have to contain a reason.

10.2 The exercise of the right of cancellation leads to a reversal of the contract. The customer must return the goods within 14 calendar days in the unopened original packaging, complete with all accessories and together with the invoice to the following address: Bence Borbély c/o Gamergirl.ch, Birchlenstrasse 20, 8600, Dübendorf. The return is at the customer's expense and risk. Payments already made will be refunded to the customer within 30 calendar days (cost of goods only, excluding shipping charges), provided that Gamergirl.ch has already received the returned goods or the customer can provide proof of dispatch. The additional printing of prefabricated return documents is deliberately dispensed with for reasons of efficiency and also for environmental reasons.

10.3 Bence Borbély c/o Gamergirl.ch reserves the right to demand appropriate compensation for damage, excessive wear and tear or reduction in value due to improper use and to deduct the reduction in value from the purchase price already paid or to invoice the customer for it.

11 Exclusion of further liability

With the exception of liability, to the extent permitted by law, any liability of the Supplier and its auxiliary persons towards the Customer is excluded, including in particular liability for damage that has not occurred to the products themselves (such as consequential damage), for loss of profit or for other financial losses of the Customer.

12 Copyrights

The Supplier reserves all rights to all product descriptions, images, photos and text and media data on gamergirl.ch, in particular the rights to editing and publication.

13. data protection

The Supplier draws the customer's attention to the fact that the data recorded in the context of the conclusion of the contract are collected, processed and used to fulfil the obligations arising from the purchase contract and may be used for marketing purposes. The customer agrees to the transfer of data to third parties (e.g. logistics partners) for operationally necessary purposes by accepting the GTC.

14 Cancellation of contract

14.1 The customer may cancel an order in the online shop within 24 hours of receipt of the order confirmation by registered letter free of charge.

14.2 If the customer cancels the contract in due time, he is obliged to return any goods already delivered to him unopened, complete and undamaged to the supplier's warehouse at his own expense within a maximum of 7 days (in their original packaging or in transportable condition). Alternatively, the customer may also request return transport by the supplier at its own expense (in this case, the supplier shall be entitled to offset the transport costs against the purchase price).

14.3 Refunds for online purchases shall be made by means of an online voucher. A cash refund is excluded in both cases.

15 Changes and additions

The Supplier expressly reserves the right to amend these GTC at any time and to apply the amended GTC immediately.

16 Place of jurisdiction and applicable law

16.1 The exclusive place of jurisdiction for the customer for disputes arising from or in connection with this contract is the registered office of the supplier, currently Birchlenstrasse 20, 8600 Dübendorf. The Supplier is unilaterally authorised to sue the Customer at any other place.

16.2 This contract shall be governed by Swiss law, to the exclusion of the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (‘Vienna Convention’).

17. contact

If you have any questions about these GTC, please contact E-mail: info(at)gamergirl.ch, Tel/Whatsapp: (+41)-76-787-42-79