Terms and conditions
Terms & Conditions
§ 2 Information about products and services
These general terms and conditions (hereinafter: "GTC") apply to all contracts, deliveries and other services of Crazy Owl SA, Hittnauerstrasse 8, 8330 Pfäffikon ZH (hereinafter: "Seller"), regarding the online shop www.zauberparadies.ch, www.schminkparadies.ch, www.jonglierparadies.ch, www.deinparadies.ch and all sub-domains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority. Deliveries are limited to the territory of Switzerland and the Principality of Liechtenstein. Conditions of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized unless the seller has expressly agreed to their validity in writing. The current and binding version of the General Terms and Conditions is published on the above-mentioned websites.
§ 3 prices
The information about products and service offers is compiled by the seller for the customer as clearly and customer-friendly as possible. The products and services published online are only valid as long as they can be seen on the website and while stocks last. The images shown on the website are for illustration only and are non-binding.
§ 4 Availability
Unless otherwise noted, all prices include VAT and plus shipping costs.
§ 5 Contract
The seller attaches great importance to carefully maintaining the availability information and identifying it as correctly as possible. However, all information on delivery times is not guaranteed. If an item cannot be delivered within 10 days or the time agreed with the customer due to delivery delays, the order can be cancelled. This does not apply to pre-orders where the delayed delivery date was already known. Delivery can also become completely impossible if a product can no longer be manufactured or delivered. In this case, a delivery impossibility (condition subsequent) occurs according to Section 5 of the General Terms and Conditions.
§ 6 Terms of Payment
Products, services and prices published on the above websites are considered offers. However, this offer is always subject to the (dissolving) condition of an impossibility of delivery or an incorrect price indication (on the part of the manufacturer or the seller). The contract is concluded as soon as the customer places his order via the online shop, in a shop, by telephone or e-mail. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address provided by him. The receipt of the automatically generated order confirmation does not contain any promise that the product is actually available or can be delivered. It only shows the customer that the order placed has arrived at the seller and the contract has thus been concluded, which is subject to the condition of the delivery impossibility. If delivery is impossible in accordance with Section 4, the contract will be immediately and automatically terminated. The customer will be informed immediately. If the customer has already paid, this amount will be refunded to him. If payment has not yet been made, the customer is released from the obligation to pay. As a result of such termination of the contract, the seller is not obliged to make a replacement delivery.
§ 7 Default of payment
6.1 General The customer undertakes to pay with the payment options provided. The current payment options and the associated conditions are published on our website. The seller reserves the right to exclude customers from individual payment options without giving reasons. Products delivered to the customer remain the property of the seller until the purchase price has been paid in full.
6.2 Purchase on account with partial payment option (POWER PAY)
As an external payment service provider, the MF Group / POWERPAY offers the payment method "Purchase on invoice" on. With the order invoice, you can easily pay for your online purchase by invoice. If you refrain from making a payment within the specified time frame, you will receive a monthly invoice for a fee with an overview of your order in the following month. Dunning fees are also incurred for invoices that are not paid on time.
When the purchase contract is concluded, POWERPAY takes over the invoice claim and handles the corresponding payment modalities.
§ 8 Cancellation and termination of contract
If the customer fails to meet all or part of his payment obligations, all outstanding amounts which the customer owes to the seller under any title become due immediately and the seller can immediately collect them and stop further deliveries to him. In the case of an order by prepayment, the seller can terminate all affected contracts automatically and without further notice no earlier than ten (10) calendar days after the seller has unsuccessfully sent the customer a request for payment.
§ 9 Delivery costs
Orders are binding according to Section 5 of the General Terms and Conditions and the customer is obliged to accept the service. Subsequent changes at the request of the customer are exceptionally possible and at the sole discretion of the seller. The possibility of cancellation depends on the product and the time of cancellation. Depending on the order, it can be canceled free of charge, for a fee or not at all. If the customer does not accept the products within ten (10) days despite the obligation to purchase, the seller can dissolve (cancel) the contract and charge for the handling costs. In the event of a delay in delivery by the seller in accordance with Section 4 of the General Terms and Conditions, the customer has the right to withdraw no earlier than 10 calendar days after the agreed delivery date. In the event of cancellation due to non-delivery, the seller will refund the customer any amounts already paid in advance.
§ 10 Customer's obligation to check
All deliveries within Switzerland and the Principality of Liechtenstein are charged at a flat rate of CHF 7.50 for Economy (CHF 4.50 from a goods value of 45.–) and CHF 9.50 for Priority. From an order value of CHF 100, delivery is free of charge. Costs for cash on delivery and express deliveries at the customer's request will be charged separately.
§ 11 Exchange and return
The customer must check delivered or collected products immediately for correctness, completeness and integrity. Any defects must be reported to the seller immediately upon detection, but no later than eight (8) calendar days after receipt of the delivery. If a delivery arrives with damaged shipping packaging, we ask that you take a photo of this if possible and keep the packaging until we have been able to process the damage.
There is no general right to exchange and return. For returns, please note the separate Return Policy.
§ 12 Liability
Products are returned at the expense and risk of the customer. Returns must be made through the Online Returns Center and notified in advance. Returns without prior agreement and contact will not be accepted. Redemptions are compensated in the form of credit notes. There is no entitlement to a refund.
§ 13 Place of Jurisdiction and Applicable Law
Claims for damages against the seller and their assistants are waived in full to the extent permitted by law. Liability for indirect damage and consequential damage resulting from use, faulty performance or loss of performance is excluded. This exclusion of liability also applies to all types of direct and indirect damage (i.e. personal injury, property damage and purely financial damage) caused by incorrect or unprofessional use of the product by the customer.
Place of jurisdiction is Pfäffikon ZH. The contract is subject to Swiss law, whereby the UN Sales Convention (CISG) is completely excluded.