Allgemeine Geschäftsbedingungen
Please note: Only the German original of these General Terms and Conditions of WUMASO AG is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
1 Scope of application
The General Terms and Conditions (also referred to as "GTC") apply to all legal transactions concluded via the onlineshop www.mjss.ch. The onlineshop is operated by WUMASO AG (also referred to as "WUMASO"). The General Terms and Conditions (also referred to as "GTC") apply to all legal transactions. WUMASO reserves the right to change these terms and conditions at any time. The version of these AGBs in effect at the time of the order shall prevail and cannot be unilaterally modified for orders. Any terms and conditions of customers which are contrary to or deviate from these GTC shall not be recognized. Deliveries are made to addresses worldwide.
2 General terms and conditions
2.1 Prices and product
Images of products in advertising, brochures, online store, flyers, etc. are for illustration purposes and are not binding. The illustrations are protected by copyright. All sales prices published in the Onlineshop represent final prices, which contain taxes, fees, costs for packing. The only exception is the surcharge for small quantities, which is charged by WUMASO. In addition to the sales price, a minimum quantity surcharge of maximum CHF 10.00 will be charged, if the amount is less than CHF 50.00 when ordering the shopping cart. WUMASO reserves the right to change the prices of products and services at any time. Decisive for the conclusion of the purchase contract is the price in the online store at the time of the order.
2.2 Delivery Time and Availability
WUMASO attaches great importance to indicating current delivery times and availabilities in the online store. In particular due to delivery or production bottlenecks WUMASO may experience delays in delivery. All information regarding delivery time and availability is therefore without guarantee and may change at any time.
3 Delivery Date
Orders are packed and shipped on the same day if they are placed before 15:00. With the order confirmation the customer will be informed about a provisional delivery date. If WUMASO is in delay of delivery, the Customer has the right to withdraw from the sales contract starting from the 30th calendar day since the originally announced delivery date. WUMASO shall refund to the Customer any amounts already paid in advance. There are no further claims against WUMASO.
4 Branch Pickup and Delivery
For products and services of WUMASO, the customer has the collection or delivery options which are noted in the onlineshop. Products and services purchased by the customer are delivered exclusively via shipping. If the customer does not accept the ordered products on the indicated or agreed upon delivery date, WUMASO can cancel the contract and charge the customer for the incurred delivery costs and possible loss of value. Orders for collection must be picked up within 14 calendar days, otherwise WUMASO may cancel the contract.
5 Obligation to Inspect
The customer shall immediately check delivered or collected products for correctness, delivery damages and completeness. WUMASO shall be notified of wrong deliveries and delivery damages as well as incomplete deliveries within 5 calendar days from the date of delivery or collection. The Customer must keep the products in their original packaging.
6 Conclusion of Contract
The products and services as well as their prices in the online store are considered as an offer. A contract is concluded for products or services as soon as the customer places an order in the onlineshop, in the branches, by e-mail or telephone (also referred to as "purchase contract"). An online order is indicated to the customer by means of an automatically generated order confirmation from WUMASO to the e-mail address provided by the customer. The receipt of the order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order has been received by the onlineshop and that the contract with WUMASO has been concluded under the condition of correct pricing and delivery.
7 Warranty
7.1 Basic provisions
WUMASO guarantees the functionality and freedom from defects of the ordered product for 2 years after delivery or branch collection. The warranty period continues to run regardless of the provision of any warranty services. WUMASO may provide the warranty by the following options:
- Partial and complete replacement by an equivalent product.
- Replacement by a new product (new warranty period of 2 years from replacement)
- Reduction or credit note
Wearing parts as well as traces of use caused by not following our recommendations, as well as used articles, are excluded from the warranty. In all other respects the exclusions of liability in accordance with number 8 apply. If the manufacturer warranty exceeds the warranty of WUMASO, WUMASO grants these to the customer likewise. All further and in particular the legal regulations for warranty are excluded.
7.2 Additional Provisions for Used Goods
For already discounted products, which are marked as "as new" or "used" in the online store, other terms and conditions apply. They may have optical defects or be repaired products. These defects are excluded from the warranty and are mentioned in the article details. The customer is aware of the fact that he is buying a used product.
8 Liability and exclusion of liability
The liability is based on the applicable legal provisions. However, in no event shall WUMASO be liable for (1) slight negligence, (2) unrealized savings, (3) indirect and consequential damages or loss of profit, (4) damages resulting from delay in delivery as well as (5) any act or omission of WUMASO, whether contractual or non-contractual.
Otherwise WUMASO disclaims liability in the following cases:
- Improper, improper or illegal discontinuation, storage or use of the products
- Use of incompatible parts as well as force majeure, in particular damage caused by natural forces, humidity, fall and impact, which are not caused by WUMASO
9 Payment
9.1 Payment options
WUMASO asserts all payment claims for products and services purchased in WUMASO's onlineshops directly with the customer.
Cash payment is only possible for products in case of store pickup. The customer can choose from the payment options offered as means of payment in the online store under "Payment methods". The payment method fees, which may be charged by WUMASO, can be seen under "Payment Options" and are detailed in the order process. If payment is made by credit card or other instant payment methods, the fees will be charged immediately upon ordering. In case of prepayment, the delivery will be made after receipt of payment. The products will be reserved until the end of the payment period of 14 calendar days. After that, the order will be automatically cancelled.
9.2 Payments on account within 30 days in collaboration with swissbilling
swissbilling SA is the service provider that allows you to pay your order on account simply and securely. The maximum order value for your first order via swissbilling for new customers is CHF 500.00. The payment period is 30 days. For security reasons, the billing address and the delivery address must match.
Before the transaction is approved, swissbilling reserves the right to perform a credit check at CRIF AG in Zurich (Tel.: 044 913 50 50, www.crif.ch).
9.3 Default of payment
If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts which the customer owes to WUMASO shall become due immediately. WUMASO may demand these immediately and stop further deliveries of products.
WUMASO shall charge a compensation of CHF 10.00 for the 2nd reminder and CHF 30.00 for the 3rd reminder. In case of unsuccessful reminders the invoices can be assigned to a collection agency. In this case, an additional annual interest rate of up to 15% on the invoice amount owed can be charged from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.
9.4 Retention of title
Ordered products remain the property of WUMASO until complete payment to WUMASO. WUMASO is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, processing, transfer by way of security or transformation is not permitted without the express consent of WUMASO.
10 Change of Order or Cancellation
An order obliges the customer to accept the products and services. WUMASO may accept subsequent cancellations or changes of orders of the Customer at its sole discretion and charge a compensation for expenses of 20% of the cancelled order value, but at least CHF 50.00, as well as the possible loss of value of the cancelled products since their order. If a (partial) delivery impossibility (resolutory condition) occurs after the conclusion of the contract according to clause 3, the customer will be informed immediately by e-mail. If the customer has already paid.
11 Return of faultless goods
Under the conditions listed in the return policy, WUMASO grants the right to return ordered products within a maximum of 30 calendar days from the date of shipment or collection. The products must be professionally packed with all accessories in the original packaging. Damaged products will not be taken back and the customer will be charged in full. If the customer makes use of the right of return, WUMASO will refund the entire purchase price minus the possibly paid minimum quantity surcharge and the shipping costs.
12 Social Media
Pictures, photos and videos taken by WUMASO employees in the course of store purchases can be used and published for commercial purposes without restriction (especially social media, internet, flyers, posters, etc.).
13 Further provisions
13.1 Non-assignable returns
Returned goods which cannot be assigned to a customer or cannot be returned to the customer will be kept by WUMASO for six months and then disposed of.
13.2 Data Protection
For the processing of personal data by WUMASO the privacy policy applies.
13.3 Partial Invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
13.4 Place of jurisdiction and applicable law
All legal relations between WUMASO and the customer are subject to substantive Swiss law. The Vienna Convention on the International Sale of Goods is not applicable. The following exclusive jurisdictions apply:
For all claims arising from sales contracts to which WUMASO is a party: For legal actions of consumers, their domicile or Zurich shall be the place of jurisdiction. In all other cases Zurich is the exclusive place of jurisdiction.
13.5 Copyright notice
All rights, in particular copyrights, to these terms and conditions are owned by WUMASO. Any distribution, duplication or other use is prohibited and only permitted with the express written consent of WUMASO. In the event of a violation of this provision, WUMASO reserves the right to take all legal steps.
14 Course and lesson registration / Conditions of participation
Registrations for courses/lessons/events will be considered in the order in which payments are received. The registration is binding and the whole course fee will be charged. If demand is too low, individual courses can be cancelled. The already paid course fee will be refunded. We transform children and adults with a fin costume into mermaids. All mermaids and young mermaids from 8 years of age or the swimming badge "squid" can take part. The mermaid tail fin is not a swimming aid, you have to be able to swim well. If a registered participant does not meet the safety requirements, he/she will be excluded from the course. Registration is final after receipt of payment. Each course registration will be confirmed and charged separately. The invoice is payable before the start of the course by the date indicated. If the course fee is not paid on time, the registration can be cancelled and the course place can be allocated elsewhere. We reserve the right to make changes to the course announcement and the general course conditions.
14.1 Missed lessons, cancellations & rebookings
The right to participate in the booked course is personal and non-transferable. Lessons not attended do not entitle the participant to a refund of the course fee. Cancellations or changes of booking are possible up to 5 days before the course. If a course that has already been booked cannot be attended, a written cancellation at the Meerjungfrauen-Schwimmschule is required. Non-payment of the course fee does not count as cancellation. For organisational reasons, individual courses can be postponed, combined or held in an alternative swimming pool or outdoor pool. The participants concerned will be informed in good time. If the intended course leader fails, the Mermaid Swimming School can appoint a temporary substitute or change the course leader. There will be no refund in case of cancellation of the course by the participant.
14.2 House rules / liability / insurance / picture rights for courses / lessons / events
The parents or the accompanying person are responsible for the stay in the swimming hall and cloakroom before and after the swimming lessons. For damages and accidents the liability - as far as legally permissible - is waived. Instructions given by swimming instructors and indoor swimming pool personnel must be followed. The house rules described must be observed. In case of disregard any liability will be rejected. Insurance is the responsibility of the participants. Due to the protection of personal rights, participants, parents or accompanying persons are not permitted to take photographs or video recordings during the course without the express permission of the course instructor. Within the framework of the lessons and courses, pictures and videos will be taken by the employees of WUMASO. Customers, participants and parents agree that the pictures and videos taken can be used and published for commercial purposes without restriction (in particular social media, Internet, flyers, posters).
August 2021