Terms of Service

TERMS AND CONDITIONS

1. SCOPE

1.1 These General Terms and Conditions ("GTC") apply to all sales contracts concluded between Smaggxx Sports AG ("we," "us," or "Smaggxx") and its customers ("you" or "Customer"). "Customers" refers to all persons, regardless of gender and including legal entities, who purchase products ("Products") via the online store operated by us at www.smaggxx.ch ("Online Store") or through another Smaggxx sales channel.

1.2 Our online store is intended exclusively for customers who reside or have their business headquarters in Switzerland or the Principality of Liechtenstein.

1.3 We reserve the right to amend these Terms and Conditions at any time. The version of these Terms and Conditions in effect at the time of the order shall apply, and may not be unilaterally amended for that order. Any terms and conditions provided by customers that conflict with or deviate from these Terms and Conditions will not be recognized.

2. CONCLUSION OF THE CONTRACT

2.1 The product descriptions and prices listed in the online store do not constitute legally binding offers. Rather, they serve as a non-binding invitation to place an order. Images of products on our website, in the online store, in advertisements, or on social media are for illustrative purposes only and are not binding.

2.2 A customer order constitutes an offer to purchase the products listed in the order ("Order"). All orders are subject to acceptance by Smaggxx.

2.3 Smaggxx issues a written order confirmation ("Order Confirmation"). Upon the customer's receipt of the Order Confirmation, a purchase agreement is concluded between Smaggxx and the customer ("Agreement"), subject to availability as set forth in Section 3. The Order Confirmation defines the subject matter and scope of the Agreement. This also applies if the customer pays for products in advance, e.g., by credit card as part of the ordering process. Receipt of the Order Confirmation does not constitute a guarantee that the product can actually be delivered. It merely indicates to the customer that the customer's order has been received by the online store and that the Contract with Smaggxx has been concluded, subject to availability.

2.4 Smaggxx reserves the right to refuse orders at any time and without providing a reason, and to cancel or not fulfill orders that have already been confirmed at any time and without providing a reason. Smaggxx shall not be liable to the customer or any third party in such cases. If the customer has already paid for the relevant products, Smaggxx will refund the full amount without interest. Any further claims are excluded.

2.5 Changes or cancellations of orders requested by customers are valid only if confirmed in writing by Smaggxx. Any costs already incurred by Smaggxx in connection with the relevant order may be billed to the customer.

3. AVAILABILITY

3.1 Smaggxx will make every effort to deliver all products in accordance with the order within a reasonable time. However, availability is not guaranteed. The delivery dates provided by Smaggxx are merely non-binding estimates given to the best of our knowledge and belief.

3.2 If Smaggxx is unable to deliver the ordered products within sixty days of the order, or if delivery is delayed by more than twenty days beyond a date expressly confirmed in writing by Smaggxx, both the customer and Smaggxx are entitled to cancel the contract. If the customer has already paid for the relevant products, Smaggxx will refund the full amount without interest. Any further claims are excluded.

4. PRICES AND PAYMENT TERMS

4.1 The prices listed in the online store are in Swiss francs (CHF) and include Swiss value-added tax. The prices listed in the online store at the time the contract is concluded apply to each order.

4.2 All prices listed in the online store are exclusive of shipping costs and, where applicable, import duties. The applicable shipping costs will be displayed before the order is completed.

4.3 Smaggxx reserves the right to change, limit, or terminate any special offers or discounts at any time.

4.4 Payments may be made by credit or debit card and using the other payment methods listed during the ordering process. Smaggxx reserves the right to determine, at its sole discretion, which payment methods will be accepted in each individual case. In addition to these Terms and Conditions, the respective terms and conditions of the relevant payment service providers apply.

4.5 Smaggxx reserves the right to verify credit or debit card payments before accepting them. When paying by credit or debit card or other instant payment methods, the amount will be charged at the time of order. For purchases on account, Smaggxx reserves the right to obtain credit reports on the customer to protect its own interests in the context of contract fulfillment and may forward customer data to third parties for this purpose.

4.6 All payments by the customer must be made in Swiss francs and without any deductions. The customer expressly waives the right to set off amounts.

4.7 In the event of late payment, Smaggxx is entitled to (i) suspend further deliveries to the customer, in whole or in part, without further notice until payment is received; (ii) charge late payment interest at a rate of 5% per annum; (iii) charge an administrative fee of CHF 20.00 per order; and (iv) assign the claim to a collection agency.

5. DELIVERY

5.1 The products will be delivered to the address provided by the customer during the ordering process. If the customer provides an incomplete or incorrect address, the customer shall be solely responsible for any additional costs or loss.

5.2 Smaggxx is entitled to make partial deliveries.

5.3 If the customer notices upon delivery that the ordered products have been damaged during transport, Smaggxx must be notified immediately. If the customer fails to provide such notification, Smaggxx may decline liability for the damaged product.

6. RISK AND RETENTION OF TITLE

6.1 The risk of loss or damage to the products passes to the customer upon delivery of the products for shipment. Accordingly, the customer bears the risk of loss during transit.

6.2 All products remain the property of Smaggxx until the customer has paid in full all amounts owed to Smaggxx under the relevant contract. The customer is not authorized to sell, dispose of, or encumber the products before ownership has been fully transferred to the customer.

7. RETURN POLICY

7.1 The customer is entitled to return products ordered through the online store to Smaggxx within 14 days of receipt, at their own expense and risk, without providing a reason. Returns must be sent exclusively to the following address: Smaggxx Sports AG, Gubelstrasse 11, CH 6300 Zug, Switzerland. The return must include the original order number. Returns that cannot be traced back to a specific customer will not be refunded.

7.2 If products are returned to Smaggxx in their original condition—that is, unused, undamaged, clean, and in their original packaging—Smaggxx will refund the purchase price (excluding shipping costs and any applicable fees) to the customer within 30 days of receipt by Smaggxx. Refunds are generally issued to the payment method used by the customer during the ordering process.

7.3 If, after inspecting the returned items, Smaggxx determines that the products are not in their original condition, Smaggxx will notify the customer accordingly (via the email address provided during the ordering process). In this case, the customer may choose to have Smaggxx retain the returned products or reship them to the customer at the customer's expense and risk (in both cases without a refund of the purchase price).

8. WARRANTY

8.1 Smaggxx warrants that the ordered product is free from defects. This warranty applies only to products ordered through the online store. If a product is defective due to manufacturing or material defects, Smaggxx has the option to either (i) provide the customer with a replacement product free of charge; or (ii) refund the purchase price to the customer. The warranty period and the customer's obligation to inspect the products for defects in a timely manner and to notify Smaggxx immediately of any defects discovered are governed by the provisions of the Swiss Code of Obligations. Except in the case of hidden defects, the purchase of a product is deemed approved in any case if the customer has not submitted a written notice of defects within 30 days of delivery. All other statutory warranty provisions are excluded.

8.2 Each of our products has a certain lifespan, which depends on the type of product, the model, the materials used, and how the product is used. The warranty does not cover damage or defects caused by normal wear and tear, exceeding the product's normal lifespan, modifications made by the customer to the product, or damage resulting from improper, incorrect, or negligent use of the product.

8.3 The customer expressly acknowledges that our Splates are manufactured using raw material derived from recycled plastic waste. Irregularities such as minor color variations, marks, stains, inclusions, dents, or scratches are a reflection of the character of our Splates and are intentional. Accordingly, these do not constitute defects.

9. LIMITATION OF LIABILITY

9.1 Smaggxx is liable only for direct damages and only to the extent that the customer proves that Smaggxx, Smaggxx employees, or third parties commissioned by Smaggxx acted with gross negligence or intentionally in violation of the law.

9.2 Any further liability on the part of Smaggxx is excluded. In particular, Smaggxx shall in no event be liable for (i) slight negligence; (ii) indirect, incidental, or consequential damages; (iii) lost profits or unrealized savings; or (iv) damages resulting from a delay in delivery. Furthermore, Smaggxx expressly disclaims any liability in cases of improper or unauthorized use of products.

10. PRIVACY POLICY

10.1 Smaggxx complies with the provisions of Swiss data protection law.

10.2 Customer personal data is used and processed in accordance with Smaggxx's Privacy Policy, which, in its currently valid form, constitutes an integral part of these Terms and Conditions.

11. MISCELLANEOUS PROVISIONS

11.1 Smaggxx is entitled to transfer, assign, or subcontract, in whole or in part, any rights and obligations arising under these Terms and Conditions or pursuant to a contract. Without Smaggxx's written consent, customers are not entitled to assign, transfer, or subcontract any rights or obligations arising under these Terms and Conditions or pursuant to a contract.

11.2 If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain unaffected in every respect. In place of the invalid, unlawful, or unenforceable provision, the provision that most closely approximates the original provision to the extent permitted by law and best fulfills its purpose shall apply between Smaggxx and the customer.

12. APPLICABLE LAW AND JURISDICTION

12.1 These Terms and Conditions, as well as all contracts and other legal relationships between Smaggxx and its customers, are governed by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention).

12.2 Unless mandatory consumer protection provisions apply, the venue for all disputes between Smaggxx and the customer shall be Zug, Canton of Zug, Switzerland. Smaggxx is also entitled to bring legal action against the customer at the customer's place of residence or registered office.