Terms & Conditions

Terms and Conditions for the A Simple Hug GmbH, Zurich

Date: 14.12.2013

§ 1 Scope and Definitions

(1) These Terms and Conditions (the "Terms") will apply when you access and/or place orders to purchase any of the goods in the A Simple Hug GmbH Online Store (the "Website"). Any reference to "we"/“us”/"our" in these Terms is a reference to A Simple Hug GmbH located at Aemtlerstrasse 36, 8003 Zurich, Switzerland and any reference to "you"/"your" means you, the user of the Website.

(2) Please read these Terms carefully before using the Website and placing your order. By accessing any part of the Website or ordering goods from the Website, you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference.

(3) These Terms are only available in the English language.

§ 2 Our Contract

(1) Your order via our online purchase order form constitutes an offer to us to buy the goods you select from the Website. We are only able to accept online orders that have:

a maximum order quantity of 3 articles per style (meaning 3 products of the same colour and size).

All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. We reserve the right to refuse to accept an order.

(2) Purchases made on the Website are for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by any one customer or to any one postal address.

§ 3 The Order Process

(1) You may select items from our range of goods, details of which will be added to your virtual shopping cart (the “Cart”) by clicking on the “Add to Cart” link. By clicking on the “Complete my purchase” button on the checkout page, you submit an offer to buy the goods in the Cart. As soon as this offer is accepted by us in the way specified in paragraph 3(4) below, your order forms a binding contract of sale between you and us.

(2) Before placing an order you can view and amend your order details at any time by clicking on the “Check out” link or by clicking on the “cancel, and return to store” link on the checkout page.

(3) You will automatically be sent an e-mail confirming receipt of your order (the "Confirmation E-Mail") with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation E-mail does not constitute our acceptance of your order; it merely records the fact that we have received the order.

(4) We will send you a second e-mail when we dispatch your goods which shall constitute our acceptance of your order (the "Acceptance E-Mail"), at which point a binding contract of sale will be concluded between you and us. We will file a copy of any orders that are accepted by us.

(5) The detailed order process is described in the FAQs section on the Website.

§ 4 Your promises to Us

You confirm that:

(1) you are over 18; and

(2) all information and details provided by you to us are true, accurate and up to date in all respects and at all times.

§ 5 Delivery Times, Availability of Goods

(1) Our normal delivery time can be viewed here.

(2) A shipping address different from the billing address is only accepted when paying by credit card via PayPal. It is not accepted when paying by invoice.

(3) Whilst we will do our best to deliver your goods within the normal delivery time, sometimes it may take longer than expected. You accept that on occasion, it may take us more than 30 days to deliver your goods and we thank you for your patience should this occur. If you change your mind in the meantime, you have the right to cancel your order in accordance with paragraph 8.

(4) In the event that we are unable to deliver within our normal delivery time, we will notify you of this as soon as possible and at the same time specify a new estimated delivery time.

(5) Where you have ordered multiple goods, we may sometimes need to deliver your goods in more than one delivery. If more than one delivery will be required, we will always inform you beforehand.

(6) If for any reason the goods ordered by you are not available at the time you place your order, we will notify you of this by E-Mail. Our acceptance of your order in the Acceptance E-Mail is limited to the goods that are available. No contract of sale will be concluded in respect of goods that are not available.

(7) As soon as the goods are delivered to you, they become your responsibility.

§ 6 Prices and Delivery Charges

(1) All of the prices listed on the Website for delivery in Switzerland include the currently applicable statutory value-added tax.

(2) Prices for delivery outside Switzerland do not include the statutory value-added tax.

(3) Deliveries outside Switzerland are subject to import duties and other taxes payable by the recipient. We cannot accept responsibility for these costs.

(4) The prices shown on the Website do not include delivery charges and can be viewed here.

(5) The applicable delivery charges for your order are displayed on the checkout page and listed in the Confirmation E-Mail.

§ 7 Payment, Default in Payment

(1) We offer payment by credit card (Visa, MasterCard, American Express and Discover) via PayPal (www.paypal.ch - You do not need a PayPal account in order to make a payment) and payment by invoice (Switzerland only). We reserve the right to exclude a certain method of payment.

(2) If paying by credit card, the full payment price (including any applicable delivery charges, taxes and / or other cost and / or discounts) will be authorised immediately and charged to your card upon placing the order or shortly before dispatch of the goods to you.

(3) You confirm that the credit card that is being used is yours. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

(4) Paying by invoice is only possible if billing and delivery address are in Switzerland. When paying by invoice you are obliged to pay the full payment price within 21 days of your order being delivered to you using the payment slip enclosed with your goods.

(5) We reserve the right to invoice you for late fees in the event that your payment is delayed. In case of payment delays, you agree to reimburse us for all the costs, expenses and cash expenditures we incur in the process of collecting payment. This also includes all extrajudicial costs for collection agencies or solicitors we entrust with the responsibility of collecting payment, notwithstanding the obligation to pay the costs of proceedings.

(6) Up to the payment of all monies owed to us the goods remain our property.

(7) You are obliged to handle the goods with care up to the transfer of ownership.

§ 8 Thirty Day Return Guarantee

(1) If for any reason you are unhappy with your goods, you have the right to return them within 30 days of your order being delivered to you and receive a full refund (NOT including any delivery charges or other charges), provided

a. the goods are returned to: A Simple Hug GmbH, Aemtlerstrasse 36, 8003 Zurich, Switzerland

and

b. the goods are returned in their original condition, have not been damaged, soiled, washed, altered or worn and include the original packaging and any related accessories or instruction manuals in their original condition.

(2) We will provide you with a full refund in the same manner as the original payment was made within 30 working days of us receiving the goods in accordance with paragraph 8(1). If you paid via invoice we ask you to include your bank details with the returned goods.

(3) We are under no obligation to accept returns and provide refunds for goods that do not comply with paragraph 8(1) (notwithstanding your statutory rights). Goods that are not accepted by us will be returned to you. Shipping costs for goods not accepted by us and returned to you will be charged to you.

(4) No refunds will be provided should the good/s go missing or are damaged during the return shipment. We advise you to send all goods back with a transport firm which provides a track & trace service.

(5) No refunds will be provided for goods produced to the customer's specifications (e.g. shirts with embroidery requested by customer) unless these are faulty in the meaning of paragraph 9(1).

§ 9 Faulty Goods

(1) If your goods are faulty or do not correspond to your order placed on the Website, please contact us as soon as possible at info@asimplehug.com. We ask you to return the faulty goods to us as soon as possible and will then provide you with replacement goods where available, or alternatively give you a full refund for those goods (INCLUDING original delivery charges if the whole of your order is faulty and returned, applicable VAT and reasonable return delivery charges) provided

a. the goods are returned to: A Simple Hug GmbH, Aemtlerstrasse 36, 8003 Zurich, Switzerland

and

b. the goods are returned in their original condition, have not been damaged, soiled, washed, altered or worn and include the original packaging and any related accessories or instruction manuals in their original condition.

(2) We will provide you with a full refund in the same manner as the original payment was made within 30 working days of us receiving the goods in accordance with paragraph 9(1). If you paid via invoice we ask you to include your bank details with the returned goods. 

(3) We are under no obligation to accept returns and provide refunds for goods that do not comply with paragraph 9(1) (notwithstanding your statutory rights). Goods that are not accepted by us will be returned to you. Shipping costs for goods not accepted by us and returned to you will be charged to you.

(4) No refunds will be provided should the good/s go missing or are damaged during the return shipment. We advise you to send all goods back with a transport firm which provides a track & trace service.

(5) We expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues, Website and other written and electronic documents with respect to material, colour, weight, measurements, design or other features, as far as these can be considered reasonable in our opinion. Reasonable cause for change may result from fluctuations customary in trade and technical production processes. Reasonable deviations do not constitute a fault.

§ 10 Your Personal Data

(1) The personal information that you provide to us whilst using the Website is very important to us and we will only collect and use it in accordance with our Privacy Policy.

§ 11 Liability

(1) Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

(2) We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be contemplated by you and us.

(3) We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.

(4) We do not:

a. accept any liability for damage to your computer system or loss of data that results from your use of the Website;

b. guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis; or

c. guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).

(5) When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.

(6) We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.

§ 12 Copyright and Other Intellectual Property Rights

(1) Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).

(2) We provide the Website to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose without our express written permission.

§ 13 Final Provisions

(1) We reserve the right to add, delete or amend these Terms without prior written notice at any time, at our sole discretion.

(2) For Customer in Switzerland: All terms and contracts under this agreement are governed by Swiss Law without regard to conflict of laws. UN purchasing law (CISG) is excluded. The designated court is Zurich, Switzerland.

(3) For other Customer: All terms and contracts under this agreement are governed by Swiss Law without regard to conflict of laws. UN purchasing law (CISG) is excluded. The designated court is Zurich, Switzerland, if it is allowed to choose a court of jurisdiction. This does not apply for compulsory law of the country in which the customer has its common residence.

(4) Should a provision of these Terms prove to be wholly or partly invalid, the parties to the contract shall jointly seek an arrangement having a legal and economic effect which will be as similar as possible to the invalid provision. The other Terms shall continue to apply.

(5) Please let us know if you have any questions or complaints regarding the Website. You can contact us by e-mailing info@asimplehug.com or writing to us at the address provided at the top of these Terms.