TERMS AND CONDITIONS
- SCOPE OF APPLICATION AND SUPPLIER
- These general terms and conditions apply to all orders placed by consumers through the online store of
zzysh®
CM Brands & Consulting GmbH
c/o Keating Consulting
1500 Fashion Island Blvd., Ste. 102
San Mateo, CA, 94404
Email: hello.us@zzysh.me
Legal structure: Limited liability company
Registered office: Steinhausen, Switzerland
UID-Register numbers: CHE-141.401.012
(hereinafter referred to as «zzysh® online shop»).
A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent occupational activities.
- These general terms and conditions apply to all orders placed by consumers through the online store of
- CONCLUSION OF THE CONTRACT
- The presentation of the products in the online store is not a legally binding offer, but rather a non-binding online catalog. The product contents and parameters presented in the online catalog do not define the scope of services and subject of the contract. Only the acceptance of the order is binding in this respect. By clicking the button «Order and pay», you create a binding order for the items in your shopping cart. The sale of our products is only for private use in household quantities.
- The confirmation of the receipt of the order follows immediately after the submission of the order and does not constitute acceptance of the contract. The acceptance of the order takes place by sending an order confirmation by email or by the delivery of the product within a maximum of five days
- PRICES AND SHIPPING COSTS
- The prices stated on the product pages exclude the statutory sales tax and other pricing components.
- For deliveries to destinations in the USA, shipping costs in the amount of USD 9.95 shall be billed for merchandise values less than USD 100. For merchandise values greater than USD 100 shipping to destinations in the USA will be free of charge.
- We do not shipment to US excepted territories (territories that don’t belong to the customs territories of the USA). Requests for delivery to US excepted territories can be sent to hello.us@zzysh.me.
- DELIVERY
- Shipping takes place with a local delivery service. We only deliver by mail. It is not possible for the customer to collect the product.
- The delivery time for all in-stock items is approx. 2 to 5 business days.
- Unfortunately, we have no control over shipment once a package departs the studio. If there are any issues with delivery for reasons out of our control, we are not responsible for shipping delays.
- PAYMENT
- Payment can be made by credit card or Paypal.
- Credit cards: for credit card payments, Visa and MasterCard are accepted. Your credit card will be charged upon completion of the order.
- Paypal: pay the invoiced amount through the online service provider Paypal. Generally, you must be registered there or must register first, verify your access information, and confirm the payment instructions to us (exception, guest access, if required). You will receive more information during the order process.
- Reservation of proprietary rights; Compensation; Right of retention For consumers, we reserve the right of ownership of the purchased item until the payment of the invoice amount has been made in full. If you are an entrepreneur pursuing commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we reserve the right of ownership of the purchased item until all outstanding claims arising from the business relationship with the purchaser are settled. The corresponding security interests may be transferred to third parties.You are only entitled to compensation if your counterclaims are established legally or are undisputed or recognized by us. Otherwise, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.If the customer is in default on any payment obligations to us, all existing receivables are due immediately.
- RESERVATION OF PROPRIETARY RIGHTS
- The product is the property of CM Brands & Consulting GmbH until payment is made in full.
- SHIPPING DAMAGES
- If the product is delivered with obvious shipping damages, please file a claim for such defects as soon as possible with the delivery service and contact us immediately. Failure to file a claim or make contact has no consequences for your legal claims and their enforcement, especially for your warranty rights. But it helps us make our own claims against the freight carrier or shipping insurance provider.
- CANCELLATION POLICY
- In the following section, you will find instructions regarding the requirements and consequences of the statutory right of cancellation for mail orders.
- Right of cancellation You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period consists of fourteen days from the date on which you or a third party named by you who is not the carrier has taken possession of the product. To exercise your right of cancellation, you must inform
zzysh®
CM Brands & Consulting GmbH
c/o Keating Consulting
1500 Fashion Island Blvd., Ste. 102
San Mateo, CA, 94404
Email: hello.us@zzysh.me
by means of a clear declaration (such as a letter sent by mail, fax or email) about your decision to cancel this contract. If you choose to exercise this right, we will immediately (e.g. by email) send you a confirmation of the receipt of such a cancellation. If you send the notice about exercising the right of cancellation before the end of the cancellation period, this is sufficient to honor the cancellation period. - Consequences of the cancellation If you cancel this contract, we will return all payments we have received from you, including the shipping costs (except for additional expenses resulting from your choosing a different type of shipping than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we received the notification of your cancellation of the contract. For this refund, we use the same payment method you used for the original transaction unless a different arrangement is made with you expressly; you will not be charged fees for this refund in any event. We may refuse the refund until the products have been returned to us or until you provide proof that you have shipped the products, whichever happens first. You must ship the products back immediately and, in any case, no later than fourteen days from the date on which you notified us of the cancellation of this contract. The deadline is met as long as you ship the product back before the end of the period of fourteen days. You bear the immediate costs of return shipping. You only have to pay for a possible loss of value of the product if this loss of value is attributable to unnecessary treatment by you upon inspecting the condition, features and functionality of the product. End of the cancellation policy.
- Exclusion from the right of cancellation for custom-made products. The right of cancellation does not exist for contracts for the delivery of products that are not prefabricated and for whose production an individual selection or instruction on the part of the consumer was applied, or which are clearly tailored to the personal needs of the consumer.The right of cancellation does not exist in the following contracts unless the parties have agreed otherwise:
- Contracts for the delivery of products that are not prefabricated and for whose production an individual selection or instruction on the part of the consumer was applied, or which are clearly tailored to the personal needs of the consumer.
- Contracts for the delivery of products that may spoil quickly or will quickly pass their expiration date.
- Cont racts for the delivery of sealed products that are not suitable for return due to health or hygiene reasons if their seal was broken after delivery.
- Contracts for the delivery of products if they have been inseparably mixed with other goods after delivery because of their composition.
- Contracts for the delivery of alcoholic drinks whose prices were agreed upon conclusion of the contract, but which can only be delivered 30 days after the conclusion of the contract at the earliest, and whose current value is subject to fluctuations in the market over which the business has no influence.
- Contracts for the delivery of audio or video recordings or computer software in unsealed packaging if the seal was broken after delivery.
- Contracts for the delivery of newspapers, periodicals or magazines, except for subscription contracts.
- VOLUNTARY RIGHT OF RETURN
- In addition to the statutory right of cancellation, we grant you a voluntary right of return of a total of 30 days from the receipt of the product for all purchases. With this right of return, you can also cancel the contract after the 14-day cancellation period (see cancellation policy above) by returning the product within 30 days of receipt (period starting on the day after the receipt of the product) to us, specifically to the address given at the end of number 9.1. Timely shipping suffices to meet the deadline. However, the requirement to exercise the voluntary right of return is that you have only tested the product by inspection, like in a physical store, and return the product completely, in its original condition, intact, unwashed, undamaged, and in the original packaging. The voluntary right of return does not exist for the purchase of gift certificates.
- Refund When exercising the voluntary right of return, the refund is made to the account you used to make the payment. If you paid by Paypal or credit card, the refund is made to the associated Paypal account or credit card.
- The statutory right of cancellation remains unaffected. Your statutory right of cancellation (see number 11) is not affected by compliance with our rules regarding the supplemental, contractually granted voluntary right of return, and remains independent of this clause. Until the end of the statutory right of cancellation period, the legal terms set out there apply exclusively. In addition, the contractually granted voluntary right of return does not limit your statutory warranty rights, which you retain without limitation.
- CONTRACT TEXT STORAGE
- We save the contract text and send you the order details and our terms and conditions by email. You can also view the terms and conditions here on this page. You can view your past orders in our customer login.
- CONTRACT LANGUAGE
- The language available for the conclusion of the contract is english.
- REDEEMING CAMPAIGN VOUCHERS
- Campaign vouchers (coupons that you cannot purchase, but which are offered in the context of an advertising campaign with a certain period of validity) are only redeemable on www.zzysh.me, only during the specified time period, and only once during an order process. Please note that individual products may be excluded from the coupon campaign. Furthermore, the product value must be at least equal to the amount of the campaign voucher. For administrative reasons, it is not possible to refund any residual credit. Campaign vouchers may only be redeemed before completing the order process. A retroactive settlement is not possible. The credit for a campaign voucher is neither paid out in cash nor does it earn interest. It is not possible to transfer the campaign voucher to a third party. Multiple campaign vouchers cannot be combined with each other. If the credit from a campaign voucher does not cover the value of your entire order, the difference can be paid with the payment methods offered. A refund of the campaign voucher will not take place if the product is returned wholly or in part if the campaign voucher was issued as part of an advertising campaign and no payment was made for it.
- REDEEMING GIFT CERTIFICATES
- Gift certificates (coupons that you can purchase) may only be redeemed for orders on www.zzysh.me. However, they cannot be used to purchase other gift certificates. The credit for a gift certificate is neither paid out in cash nor does it earn interest.Gift certificates and credits may only be redeemed before completing the order process. Gift certificates and credits cannot be credited retroactively either. A cancellation of the purchase of a gift certificate is only possible if the gift certificate has not yet been redeemed. A gift certificate is considered redeemed if it was applied to an order or was credited to the credit account.If the credit from a gift certificate does not cover the value of your entire order, the difference can be paid with the payment methods offered.Campaign vouchers cannot be used to purchase gift certificates. The use of more than one gift certificate on an order is permitted. Furthermore, gift certificates can be combined with a campaign voucher in an order.We assume no liability for the loss, theft or illegibility of coupons that is no fault of our own. We also assume no liability for typing errors in the email address of the coupon recipient.The gift certificate is transferable. However, the use of the coupons for commercial purposes is not permitted. Reproducing, editing or manipulating the coupons is also not permitted.
- DISCLAIMER
- Content of the internet site The author does not guarantee the timeliness, accuracy, completeness or quality of the information provided. Liability claims against the author relating to damages of a material or immaterial nature caused by the use or non-use of the information presented or by the use of erroneous and incomplete information are excluded in principle if there was no willful intent or gross negligence on the part of the author. All listings are subject to change and non-binding. The author expressly reserves the right to alter, add to or delete parts of pages or the entire selection, or suspend the publication temporarily or permanently, without notice.
- References and links For direct or indirect references to other websites («hyperlinks») that are outside the area of responsibility of the author, the author is only liable in the event that the author had knowledge of the content and it was technically possible for him and reasonable to expect him to prevent its use in the case of illegal content. The author hereby expressly declares that no illegal content was discernible on the linked pages at the time the links were set up. The author has no influence on the current and future design, the content, or the authorship of the linked/associated sites. Thus he expressly distances himself from all content on all linked/associated sites which is altered after the links were set up. This statement applies to all links and references placed on his own internet site and to extraneous entries in the guest books, discussion forums, and mailing lists set up by the author. The provider of the site that was linked bears sole responsibility for illegal, erroneous or incomplete content and especially for damages resulting from the use or non-use of information of this kind, not the party who merely provides links to the respective publication.
- Copyright and trademark The author attempts to observe the copyrights of the graphics, audio files, video sequences and texts used in all publications, to use graphics, audio files, video sequences and texts created by himself, or to fall back on license-free graphics, audio files, video sequences and texts. All brands and trademarks mentioned on the internet site and, where applicable, all brands and trademarks protected by third parties, are subject to the provisions of the applicable trademark law and the ownership rights of the registered owner without restriction. The simple fact that a trademark is mentioned on the int ernet site should not lead to the conclusion that the trademark is not protected by the rights of third parties! The copyright for the published items created by the author himself remains solely with the author of the pages. The reproduction or use of such graphics, audio files, video sequences and texts in other electronic or printed publications without the express permission of the author is prohibited.
- Data protection The use of contact information such as postal addresses, phone and fax numbers, and email addresses published on the About Us page or in similar information by third parties to send information not expressly requested is prohibited. We reserve the right to take legal action against the senders of so-called spam if this prohibition is violated.
- Legal effectiveness of this disclaimer This disclaimer is to be considered part of the internet site to which this page refers. Should any part of this text or individual phrases therein not, not completely, or no longer comply with prevailing law, the rest of the document remains unaffected in its content and effectiveness. The legal relationships entered through the online store are subject to Swiss law