Tomaro AG ("Fashion Fish") operates a sales store at "www.fashionfish.ch" through which gift cards ("cards") and services in connection with personal shopping advice can be purchased.
These General Terms and Conditions ("GTC") apply to all customers (for reasons of readability, the masculine form always includes the feminine form in the following) who purchase cards and/or the shopping advice service via fashionfish.ch. The relationship between the customer and Fashion Fish is determined exclusively by these GTC.
By using the fashionfish.ch store, the customer agrees to these GTC, which apply to all the above-mentioned purchase activities.
The offer on fashionfish.ch is aimed exclusively at customers who have reached the age of 18. Orders and delivery addresses outside of Switzerland are not possible.
The presentation of the cards or services on fashionfish.ch is non-binding and merely constitutes an invitation to the customer to submit a purchase offer in the form of an order.
By placing an order, the customer submits a binding purchase offer and at the same time confirms acceptance of these GTC and Fashion Fish's privacy policy. The offer is accepted by Fashion Fish by sending an e-mail, whereby the binding purchase contract is concluded.
Fashion Fish expressly reserves the right to refuse the conclusion of the contract, in particular in the case of orders that exceed the permissible credit balance of a customer (see section 4). The non-acceptance of an offer will also be communicated by e-mail.
Delivery shall be made by Swiss Post by A+ or registered mail to the delivery address in Switzerland specified by the customer. There is no right of return.
The prices quoted include VAT, but do not include shipping costs. Unless otherwise stated, shipping costs are to be borne by the customer. The respective shipping costs and delivery times can be found at fashionfish.ch/shop. All information on delivery times is non-binding.
Payment via fashionfish.ch can be made by credit or debit card. The cards remain the property of Fashion Fish until full payment has been made.
Due to legal requirements, the credit balance of a card is limited to CHF 250.00 and no more than CHF 1,500.00 / purchase may be made available per customer and purchase transaction.
The customer undertakes to use Fashion Fish only in compliance with the conditions of these GTC and the applicable legal provisions.
Customers are liable to Fashion Fish for the legality, accuracy and completeness of their information and content uploaded to fashionfish.ch. Fashion Fish is entitled but not obliged to check information provided by customers or to have it checked. Upon request, the customer must prove the accuracy of the information provided by submitting suitable documents.
Any login data for Fashion Fish are personal and non-transferable. Customers are responsible for the careful and confidential storage of this login data. Customers must adequately protect the login data from unauthorized use by third parties.
The purchase of cards and services via Fashion Fish depends on the functionality of this platform.
Customers acknowledge that a permanent and unrestricted availability of Fashion Fish is technically not possible. In particular, maintenance, security or capacity issues as well as events that are beyond the control of Fashion Fish (such as disruptions of public communication networks, power failures, etc.) can lead to disruptions or temporary suspension of fashionfish.ch. Accordingly, Fashion Fish assumes no liability or warranty for the uninterrupted availability and freedom from errors of Fashion Fish.
Fashion Fish may temporarily restrict access to or the services on fashionfish.ch at any time if this is necessary or useful against the background of the security or integrity of the servers, the capacity limits or for the implementation of technical measures. Customers cannot derive any claims from such restrictions.
In particular, Fashion Fish assumes no liability for damages caused or aggravated by technical failure, insufficient or incorrect transmission, network overload, application difficulties, system interruptions, delays in data transmission, incompatibilities between the website and the data/software of the customers and/or their computers, malfunctions, interference, transmission of viruses, illegal access or any other defective service provision by telecommunications or network providers.
Fashion Fish is also not liable for damages due to force majeure (e.g. violent actions, natural events, cyber attacks), failure or defect of technical systems or for technical malfunctions that fall within the area of responsibility of third parties (e.g. transmission paths of telecommunications companies, interruption of energy supply or malfunctions of access providers).
Otherwise, Fashion Fish's liability is limited to unlawful intent or gross negligence. Any further liability (in particular liability for simple negligence) for direct or immediate and indirect or consequential damages as well as any warranty of Fashion Fish within the scope of these GTC are excluded.
Finally, Fashion Fish is also not liable for a timely and defect-free delivery of the cards purchased by the customer.
Fashion Fish may outsource services and/or the operation of fashionfish.ch as well as its maintenance to third parties. Fashion Fish is in no way responsible for the actions of the subcontractor. A corresponding liability is excluded to the maximum extent permitted by law.
Fashion Fish complies with the applicable legal provisions when processing personal data.
In addition to these GTC, the data protection declaration of Fashion Fish, which is available on the website"www.fashionfish.ch", applies with regard to data protection.
Fashion Fish may make changes to these GTC and the offer on fashionfish.ch at any time and at its own discretion. Customers will be notified of changes on fashionfish.ch before they come into effect.
The currently valid version of the GTC will also be published on "www.fashionfish.ch".
If individual provisions of these GTC are or become invalid in whole or in part, the remaining provisions shall remain unaffected by this invalidity. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes.
These GTC shall be governed exclusively by substantive Swiss law to the exclusion of the conflict of laws rules and any international treaties.
The parties shall endeavor to settle any disputes arising from these GTC by amicable means. If no amicable agreement is reached, all disputes arising from or in connection with these GTC, including those concerning their valid conclusion, legal effect, amendment or dissolution, shall be judged exclusively by the ordinary courts at the registered office of Fashion Fish.
GTC Online Shop Fashion Fish 01.09.2022 | Subject to change without notice
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