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Conditions d'utilisation

General Terms and Conditions (GTC)

Version: July 2021

In the event of a discrepancy between the French version of the general terms and conditions (GTC) and the GTC in another language, the original text in French shall apply.

1. Scope

The general terms and conditions (hereinafter referred to as “GTC”) apply to all legal transactions that arise via the online shop (www.mojoboutique.ch or www.mojoboutique.com; hereinafter referred to as “online shop”).

Mojo Boutique reserves the right to change these terms and conditions at any time. The version of these terms and conditions applicable at the time of the order is decisive, which cannot be unilaterally changed for this order. Conditions of customers that contradict or deviate from these GTC will not be recognized.

The offer of products in the online shop (hereinafter referred to as “offer”) is aimed exclusively at customers with their place of residence or company headquarters in Switzerland.

Deliveries are made exclusively to addresses in Switzerland.

The offer is valid as long as the product can be found using the search engine in the online shop and / or stocks last.

Orders in quantities that are not common in the household can be refused without giving a reason.

2. Information

2.1 Product and Price

Images of products in advertising, brochures, online shops, etc. serve for illustration and are non-binding.

All sales prices published in the online shop are final prices that include all taxes, costs for packaging, delivery costs and all other possible taxes, fees or costs. Mojo Boutique reserves the right to change the prices of the products on offer at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.

2.2 Availability and delivery time

Mojo Boutique attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. However, due to production or delivery bottlenecks in particular, certain products may not be available. All information on availability and delivery time are therefore without guarantee and can change at any time.

3. Conclusion of the contract

The products and prices in the online shop are considered an offer. However, this offer is always subject to the dissolving condition of an impossibility of delivery or an incorrect price indication.

The purchase contract for Mojo Boutique products is concluded as soon as the customer places the order in the online shop (hereinafter referred to as the “purchase contract”).

The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation email from Mojo Boutique to the email address provided by them. The receipt of the automatically generated order confirmation does not contain any assurance that the product can actually be delivered. It only shows the customer that the order has arrived at the online shop and that the contract with Mojo Boutique and the correct price has been concluded.

4. Delivery date

A provisional delivery date is communicated to the customer on the respective product page or the customer is contacted and an individual delivery date is agreed.

If Mojo Boutique is in default of delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, Mojo Boutique will reimburse the customer for amounts already paid in advance. Any further claims against Mojo Boutique are not valid.

5. Delivery

The customer’s delivery address must be in Switzerland and easily accessible and by truck. If this is not the case, the customer bears any additional costs.

If the customer does not accept the ordered products within 7 calendar days after they are ready for collection or does not collect them from the courier’s depot, Mojo Boutique can terminate the contract (cancel) or take the goods back to the customer without reimbursement (see also return policy).

If the customer orders a product that cannot be physically delivered because for example the door or the stairwell is too small, Mojo Boutique reserves the right to claim costs for delivery and return transport from customers and to offset them against the reimbursement of the purchase price. It should be noted that the products from Mojo Boutique are usually fully assembled and cannot be dismantled. It is up to the customer to make these considerations in accordance with the circumstances at the place of delivery and the size of the products.

6. Obligation to inspect

Customers must immediately check delivered products for correctness, completeness and delivery damage.

Products with delivery damage and incorrect and incomplete deliveries must be reported to Mojo Boutique within 3 calendar days from the time of collection or delivery. Customers are not allowed to use such a product. Customers must leave the product in its original packaging and follow Mojo Boutique’s instructions regarding the returns process. Customers also understand that Mojo Boutique’s products are made from natural materials and that consequently the color, size or shape of the same product can vary.

7. Liability and Disclaimer

Liability is based on the applicable statutory provisions. However, Mojo Boutique is in no way liable for (i) slight negligence, (ii) damage resulting from delayed delivery.

In addition, Mojo Boutique rejects liability in the following cases:

Improper, contrary to contract or illegal storage, adjustment or use of the products;
Force majeure, in particular elementary damage, moisture damage, fall and impact damage, etc., for which Mojo Boutique is not responsible, and official orders.

8. Payment

8.1 Payment options

The customer acknowledges that Mojo Boutique is free to assert the claim itself or to assign it to a third party.

Payments must be made in Swiss Francs.

The payment options offered as a means of payment in the online shop under “Payment Options” are available to customers.

There are no additional costs for customers to use the means of payment offered by Mojo Boutique.

When paying by credit card or other instant payment methods, the charge is made when the order is placed.

8.11 Purchase by invoice with partial payment option (POWERPAY)

As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.

When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s  GTC. (powerpay.ch/en/agb).

8.2 Default in Payment

If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed by the customer to Mojo Boutique under any title are due immediately and Mojo Boutique can claim these immediately and stop further deliveries of products to the customer.

Mojo Boutique charges a handling fee of CHF 5 for the 2nd reminder and a handling fee of CHF 30 for the 3rd reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection. In this case, an effective annual interest rate of up to 15% can also be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

If the information under point 8.2 contradicts the terms and conditions of MF Group / Powerpay, the latter take precedence if the claim has been assigned by Mojo Boutique and MF Group.

8.3 Retention of title

Ordered products remain the property of Mojo Boutique until full payment has been made to Mojo Boutique. Mojo Boutique is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, assignment by way of security, processing or redesign is not permitted without the express written consent of Mojo Boutique.

9. Change of order or cancellation

Orders oblige customers to purchase the products. Subsequent changes or cancellations of orders by customers can be accepted by Mojo Boutique at its own discretion. Mojo Boutique will refund the purchase price if the customer is not satisfied with the product and proceeds according to the return policy.

If a (partial) delivery impossibility (dissolvent condition) occurs after an order or the conclusion of a contract in accordance with section 3, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded. If no payment has been made yet, customers are released from their obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.

10. Return of defect-free goods

In the return policy on the Mojo Boutique website, Mojo Boutique grants customers the right to return the ordered products within a maximum of 14 calendar days. The products must be properly packaged with all accessories in the original packaging. Damaged products will not be taken back and the customer will be invoiced in full.

If customers exercise their right of return, Mojo Boutique will refund the entire purchase price of the returned item.

11. Data protection

When writing a comment in any form to Mojo Boutique, the author agrees that the comment with his first name (without surname) and his place of residence will be published on social networks or on Mojo Boutique’s own website.

12. Further provisions

12.1 Returns that cannot be assigned

Returns that cannot be assigned to any customer or that cannot be returned to the customer will not be reimbursed.

12.2 Partial Invalidity

Should individual provisions of these terms and conditions be invalid or ineffective, this has no influence on the effectiveness of the remaining provisions and these terms and conditions as a whole.

12.3 Place of Jurisdiction and Applicable Law

All legal relationships between Mojo Boutique and customers are subject to substantive Swiss law. The Vienna sales law is not applicable.

The following exclusive places of jurisdiction apply:

For all claims from sales contracts to which Mojo Boutique is a party:

The place of residence of the customer or Zurich is the place of jurisdiction for lawsuits brought by consumers. In all other cases, Zurich is the exclusive place of jurisdiction.

July 2021