Terms and Conditions

Terms and Conditions

Last Updated: May 16, 2025

Preamble

These Terms and Conditions ("Terms") constitute a legally binding agreement governing the use of the online retail platforms operated by Schweiz Trend Shop, a prospective entity under Swiss law ("we," "us," or "our"), accessible at https://schweiztrendshop.ch (serving the Swiss market) and https://surprey.com (serving the European Union market), collectively referred to as the "Stores." Hosted on the Shopify platform, the Stores facilitate the sale of gifts, toys, and games. By accessing, browsing, or purchasing from the Stores, you ("you," "Customer," or "Data Subject") expressly agree to be bound by these Terms, which comply with the Swiss Code of Obligations (CO), the Swiss Federal Act on Data Protection (FADP), Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR), Directive 2011/83/EU (Consumer Rights Directive), Directive 2000/31/EC (E-Commerce Directive), and other applicable Swiss and EU legislation. Non-acceptance of these Terms precludes use of the Stores.

Article 1: Scope and Applicability

1.1 General Scope
These Terms govern all interactions with the Stores, encompassing browsing, account registration, order placement, and purchase of goods. They constitute a contract between you and us, enforceable under Swiss and EU law.

1.2 Categories of Users
These Terms apply to:

  • Consumers: Natural persons acting for purposes outside their trade, business, or profession, entitled to mandatory consumer protections under Swiss and EU law.
  • Business Customers: Legal or natural persons acting for commercial purposes, subject to applicable commercial regulations.

1.3 Modification of Terms
We reserve the right to amend these Terms to reflect changes in legal requirements or operational practices. Amendments will be communicated via email or a conspicuous notice on the Stores, effective upon publication. Continued use post-amendment constitutes acceptance, per Article 2 CO.

Article 2: Conditions for Use

2.1 Eligibility Criteria
Access to the Stores is restricted to individuals aged 16 or older with the legal capacity to enter binding contracts, per Article 12 CO and Article 8 GDPR. By using the Stores, you warrant compliance with this requirement.

2.2 Account Creation and Security
Account registration necessitates the provision of accurate, current, and complete personal data (e.g., name, email address). You shall:

  • Maintain the confidentiality of account credentials.
  • Notify us immediately of unauthorized access at support@schweiztrendshop.ch.
  • Bear responsibility for all activities conducted under your account, absent our negligence.

2.3 Prohibited Conduct
You undertake not to:

  • Utilize the Stores for purposes contravening applicable laws or these Terms.
  • Engage in fraudulent or deceptive practices, including use of stolen payment instruments.
  • Attempt to circumvent security protocols, introduce malicious code, or disrupt Store functionality (e.g., via denial-of-service attacks).
  • Copy, distribute, or modify Store content without express written authorization.
  • Misrepresent your identity or affiliations in communications with us.

Article 3: Contract Formation and Order Processing

3.1 Offer and Acceptance
Product listings on the Stores constitute an invitation to treat, not a binding offer, per Article 4 CO. Submission of an order represents your offer to purchase, which we may accept by issuing an order confirmation email. A contract is formed upon dispatch of said confirmation, pursuant to Article 201 CO and Article 2(7) of Directive 2000/31/EC.

3.2 Pricing and Taxation
Prices are quoted in CHF for https://schweiztrendshop.ch and EUR for https://surprey.com, inclusive of Swiss Value Added Tax (VAT) or EU VAT, as applicable, unless otherwise indicated. Shipping and ancillary costs are disclosed at checkout. We comply with Swiss VAT Act (VATA) and Council Directive 2006/112/EC (EU VAT Directive).

3.3 Payment Obligations
Payments are processed via Shopify’s secure gateway, supporting methods such as credit/debit cards and digital wallets. You authorize us to charge the total order amount, including taxes and shipping, upon order confirmation.

3.4 Pricing Errors and Order Cancellation
We may correct pricing errors prior to order acceptance, notifying you promptly. We reserve the right to cancel orders due to:

  • Unavailability of stock.
  • Failure to process payment.
  • Suspected fraudulent activity.
    Cancelled orders will be refunded in full to the original payment method.

Article 4: Delivery and Risk Transfer

4.1 Delivery Arrangements
We deliver to addresses within Switzerland (https://schweiztrendshop.ch) and EU member states (https://surprey.com), as specified during checkout. For https://schweiztrendshop.ch, we use Swiss Post with Economy (4 CHF) and Standard (7.95 CHF) options, with free shipping on orders over 75 CHF. For https://surprey.com, we use various carriers depending on the destination, with Standard shipping in EUR and free shipping on orders over 75 EUR. Delivery timelines are estimates and not guaranteed. Delays attributable to force majeure or carrier issues do not constitute a breach, per Article 185 CO.

4.2 Transfer of Risk
Risk of loss or damage transfers to you upon:

  • Delivery to the designated address, or
  • Notification of an attempted delivery, if undeliverable, per Article 74 CO and Article 20 of Directive 2011/83/EU.

4.3 Inspection Upon Receipt
You shall inspect goods upon delivery and report defects or discrepancies within 7 days, per Article 201 CO, via support@schweiztrendshop.ch.

Article 5: Consumer Right of Withdrawal

5.1 Statutory Withdrawal Period
Consumers resident in Switzerland or the EU are entitled to a 14-day withdrawal period from distance contracts, commencing upon receipt of goods, per Article 229 CO and Article 9 of Directive 2011/83/EU, without obligation to provide reasons.

5.2 Exercise of Withdrawal Right
To exercise withdrawal, you must notify us within 14 days via:

  • Email: support@schweiztrendshop.ch.
  • Postal Mail: Ulmenstrasse 7, 8636 Wald-ZH, Switzerland.
  • Online Portal: https://schweiztrendshop.ch/returns or https://surprey.com/returns.
    A model withdrawal form is available on the Stores. Goods must be returned in original, unused condition within 14 days of notification.

5.3 Refund Mechanism
Upon receipt and inspection of returned goods, we shall issue a refund, including standard delivery costs, within 14 days, using the original payment method, unless otherwise agreed, per Article 13 of Directive 2011/83/EU. You bear direct return shipping costs, except for defective or non-conforming goods.

5.4 Exclusions from Withdrawal
The withdrawal right does not apply to:

  • Bespoke or personalized goods.
  • Sealed goods (e.g., certain toys) unsealed post-delivery, for health or hygiene reasons.
  • Digital content not supplied on a physical medium, once accessed, per Article 16 of Directive 2011/83/EU.

Article 6: Warranties and Remedies

6.1 Statutory Warranty
Goods are warranted to conform to their description and be free from material defects for two years from delivery, per Article 197 CO and Article 5 of Directive 1999/44/EC. Non-conformity entitles you to:

  • Repair or replacement, at our discretion.
  • Price reduction or refund, if repair or replacement is disproportionate.

6.2 Notification of Defects
Defects must be reported within 7 days of discovery, per Article 201 CO, via support@schweiztrendshop.ch. Failure to notify may limit remedies.

6.3 Exclusion of Implied Warranties
Except as mandated by law, no additional warranties, express or implied, are provided, including warranties of merchantability or fitness for a particular purpose.

Article 7: Limitation of Liability

7.1 General Limitation
Our liability for breaches of these Terms or defective goods is limited to the order value, excluding indirect, incidental, or consequential damages (e.g., lost profits, data loss), except in cases of gross negligence or willful misconduct, per Article 100 CO.

7.2 Product Use
We are not liable for damages arising from improper use, modification, or failure to follow product instructions.

7.3 Third-Party Services
Liability for third-party services (e.g., shipping carriers, payment processors) is limited to the extent permitted by law.

Article 8: Intellectual Property Rights

8.1 Ownership and Licensing
All content on the Stores, including trademarks, logos, images, and text, is our property or licensed to us, protected by the Swiss Federal Act on Copyright (CopA) and EU Directive 2001/29/EC. Unauthorized use, reproduction, or distribution is prohibited.

8.2 Limited License
You are granted a non-exclusive, revocable license to access Store content for personal, non-commercial use, subject to these Terms.

8.3 User-Generated Content
By submitting content (e.g., reviews, feedback), you grant us a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, and display such content in connection with the Stores, without prejudice to your moral rights under CopA.

Article 9: Data Protection Compliance

9.1 Incorporation of Privacy Policy
Personal data processing is governed by our Privacy Policy, accessible at https://schweiztrendshop.ch/privacy-policy or https://surprey.com/privacy-policy, which is incorporated herein by reference and forms an integral part of these Terms.

9.2 Data Security
We implement technical and organizational measures to protect personal data, compliant with FADP and GDPR.

Article 10: Force Majeure

10.1 Non-Performance Excused
We are not liable for failure or delay in performing obligations due to events beyond our reasonable control, including but not limited to natural disasters, governmental restrictions, or labor disputes, per Article 119 CO and Article 23 of Directive 2011/83/EU.

10.2 Notification
We shall notify you of force majeure events and endeavor to mitigate their impact.

Article 11: Governing Law and Jurisdiction

11.1 Applicable Law
These Terms are governed by the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). EU consumers may benefit from mandatory consumer protection laws of their country of residence, per Article 6 of Regulation (EU) No 593/2008 (Rome I).

11.2 Exclusive Jurisdiction
Disputes arising from these Terms shall be submitted to the competent courts of Wald-ZH, Switzerland, subject to EU consumers’ right to pursue claims in their country of residence under Regulation (EU) No 1215/2012 (Brussels I Recast).

Article 12: Alternative Dispute Resolution

12.1 Amicable Resolution
Prior to initiating legal proceedings, you are encouraged to contact us at support@schweiztrendshop.ch to seek an amicable resolution.

12.2 EU Online Dispute Resolution
EU consumers may access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/odr for out-of-court resolution, per Regulation (EU) No 524/2013.

12.3 Swiss Mediation
Swiss consumers may engage mediation services through the Swiss Federal Data Protection and Information Commissioner (FDPIC) or regional consumer organizations, where applicable.

Article 13: Miscellaneous Provisions

13.1 Severability
Should any provision of these Terms be deemed unenforceable or invalid, the remaining provisions shall remain in full force and effect, per Article 20 CO.

13.2 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and other referenced policies, constitute the entire agreement between you and us, superseding all prior agreements or understandings.

13.3 No Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of such provision or any other rights.

13.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in the event of a merger or acquisition.

13.5 Language and Translations
These Terms are drafted in English. Upon request, translations in German, French, or Italian will be provided to comply with Swiss multilingual requirements, with the English version prevailing in case of discrepancies.

Article 14: Contact and Impressum

14.1 Data Controller and Merchant Details
Schweiz Trend Shop / Surprey
Ulmenstrasse 7, 8636 Wald-ZH, Switzerland
Email: support@schweiztrendshop.ch
support@surprey.com
VAT ID: [To be updated upon registration]
Commercial Register: [To be updated upon registration]

14.2 Inquiries and Complaints
Direct all inquiries, complaints, or requests to the above contact details. We aim to respond within 7 business days.