General terms and conditions GOLDY LIFY / THEBAMS.CH
1. Scope The general terms and conditions (hereinafter referred to as "GTC" or "GTC - online shop") include all legal transactions that are concluded via the online shop www.goldylify.com / www.thebams.ch (hereinafter referred to as "online shop"). This online shop is run by the simple company goldylify.com (hereinafter referred to as GOLDY LIFY). GOLDY LIFY reserves the right to change these terms and conditions at any time. The version valid at the time of the order is decisive. This can be viewed at www.goldylify.com AGB.
The products and prices in the online shop count as offers. The offer is valid as long as the product can be found in the online shop and is in stock.
3. Products and prices
GOLDY LIFY can set prices freely and change them at any time. When ordering, the price published on the website is decisive. If prices have been published in error, GOLDY LIFY reserves the right to notify the buyer of this prior to dispatch in order to agree a price correction or to cancel the order. The prices are given in USD as standard. With the exception of the payment method “cash on collection”, payment can optionally be made in euros, sterling or US dollars. The exchange rates are automatically obtained via Open Exchange Rates and updated every hour. No VAT is currently collected and therefore not shown, since GOLDY LIFY is not currently subject to VAT. The shipping and packaging costs are calculated and shown separately from the offer price. Any cash on delivery of the chosen logistics partner is entirely at the customer's expense.
4. Information provided
GOLDY LIFY endeavors to keep the published data in the online shop up to date and correct. However, there may be delivery delays due to production / delivery bottlenecks and sales via other channels. Therefore, all information on availability and delivery time is without guarantee and can change at any time. GOLDY LIFY does not guarantee the accuracy or timeliness of the information provided by other manufacturers, even if it has been carefully researched.
5. Conclusion of contract
The purchase contract is concluded by sending the order (online) and acceptance by GOLDY LIFY. A prerequisite for a valid purchase contract is the complete and truthful completion of the order form provided on the Internet and acceptance of the general terms and conditions (AGB - Onlineshop) here. GOLDY LIFY confirms receipt of the order with an automatically generated order confirmation by email. This only indicates to the customer that the order has arrived and that the purchase contract has been concluded subject to the possibility of delivery and the correct price.
6. Terms of delivery and collection
6.1 Availability and delivery
Products marked as "available" are normally delivered within 5 - 30 working days from receipt of the order. If a product is not in stock or incorrectly marked as "available", the customer will be informed of this by e-mail or by telephone and a new provisional delivery or collection date will be agreed. GOLDY LIFY endeavors to deliver quickly and sends back goods without additional shipping costs. If an article is no longer available and GOLDY LIFY can no longer procure or produce it, GOLDY LIFY can withdraw from the contract, but must fully reimburse the customer for payments already made for the product in question. If GOLDY LIFY is unable to deliver or send the items within 30 calendar days of receipt of the order (exception: special orders, according to Art. 6.2), the customer has the right to withdraw from the contract. Payments to GOLDY LIFY already made by the buyer for the product in question will be fully refunded. There are no further claims against GOLDY LIFY. If additional shipping costs arise due to an incorrect delivery address or incorrect address data, these costs will be borne entirely by the buyer. Unless otherwise agreed, GOLDY LIFY sends national and international orders with Global Post. The provisions, information and delivery times of poste our suppliers apply).
6.2 Delivery conditions for special orders
Special orders are products that are not listed in the GOLDY LIFY online shop and may require a procurement time of more than 30 calendar days. Delivery times and dates for special orders are agreed between GOLDY LIFY and the customer in writing or orally.
6.3 Additional provisions for delivery
If the customer does not accept the goods delivered by the supplier within the agreed or specified delivery times, GOLDY LIFY can withdraw from the contract, cancel the order and charge the customer a processing fee of 15%, but at least USD 30.-.
6.4 Additional provisions for collection
If the customer chooses the “pickup” option when ordering, they will receive a confirmation by email or phone as soon as the goods are ready for pickup. If the customer does not pick up the ordered products within 10 working days from receipt of the pick-up confirmation, GOLDY LIFY can withdraw from the contract and charge the customer a processing fee of 15%, but at least USD 30.-.
7. Obligation to check
The delivered or collected products are to be checked by the buyer for completeness, correctness and delivery damage immediately after acceptance. If there is a defect, GOLDY LIFY must be informed within 7 calendar days and the product must be in its original condition for a return.
8. Guarantee conditions and services
GOLDY LIFY manufactures goods or sells articles from other manufacturers. GOLDY LIFY has no influence on the durability and functionality of the products as well as the warranty of other manufacturers. The manufacturer's warranty information therefore applies if it is valid in Switzerland and worldwide. In addition, the Swiss statutory warranty provisions in accordance with Art. 197 ff. OR apply. A warranty claim can only be made by the customer upon presentation of the purchase contract including a valid order form. There is no guarantee for damage caused by improper handling or defects that can be attributed to external influences. This could be, for example, elementary damage, moisture damage, fall and impact damage or damage due to modifications. Goldy Lify can provide the guarantee by replacing the product as new.
9. Liability and disclaimer
GOLDY LIFY is only liable for the warranty services, which are listed under no. 8 are listed. Any further liability is excluded, in particular liability for damage that has not occurred to the products themselves. This can be indirect and indirect damage and consequential damage such as loss of profit, unrealized savings, or damage from delayed delivery. In addition, GOLDY LIFY is not liable for damage caused by improper storage.
The goods invoice must be paid in the currency specified therein and immediately upon or after the order has been sent. The following payment methods are accepted in the online shop: credit cards via the payment platform Stripe (Mastercard, Visa, American Express), PayPal transfers, bank transfer in advance. When collecting on site, payment can be made in cash. In this case, the invoice amount is due upon receipt of the goods and is to be paid in Swiss Francs. With the payment method «bank transfer», the goods are retained until receipt of payment. In this case, the payment must be received within 10 working days on the bank account shown in the automatic order confirmation, otherwise GOLDY LIFY can withdraw from the contract and charge the customer a processing fee of 15%, but at least USD 30.-.
11. Right of withdrawal and right of withdrawal
By placing an order, the buyer undertakes to accept the products and services. However, he has the right to return the purchased goods within 30 days of the purchase date or collection or delivery date. The date of the postmark or the date of collection is decisive. Damaged or incomplete products will not be taken back. The return of the products is at the expense and risk of the buyer. A valid proof of purchase must be provided and presented. The products are in their original packaging, complete and well protected, to be sent to the following address:
GOLDY LIFY ℅ Akim Bamigbokpa
12. Data protection
GOLDY LIFY only collects personal data that are necessary for the conclusion of the contract. These will not be processed without the separate consent of the buyer. The data will only be passed on to third parties if this is necessary for the execution of the order. In the case of home delivery, this applies to the logistics partner (e.g. post office, DHL, delivery agent etc.) and to the credit institution (e.g. Stripe, Paypal etc.) for payment processing.
13. Application of law and place of jurisdiction
The relationship between GOLDY LIFY and customers is subject exclusively to Swiss law. The place of jurisdiction is BASEL. Version GOLDYLIFY.COM / THEBAMS.CH AGB - online shop: March 27th. 2020