Terms and Conditions EU:

Click on the follwing link for the terms and conditons in the EU: T&Cs EU (coming soon)

Last update: August 7, 2022

1. Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to products purchased in the online shop of Chill ‘n’ Flow (www.chillnflow.com).

For customised orders placed with you as a customer, other terms of contract will apply, which are agreed individually in beforehand.

The submission of the binding order to us is the decisive point in time for the applicable version of these GTCs. By placing a binding order for our products, you agree to the terms and conditions written here as well as our Privacy Policy.

Chill ‘n’ Flow reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on Chill ‘n’ Flow’s website.

2. Conclusion of a Contract

The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the Online Shop. Chill ‘n’ Flow expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for Chill ‘n’ Flow.

An order is considered binding when you click on the button[„place order“] at the end of the ordering process. After your order, you will receive a confirmation e-mail from us. This confirmation e-mail contains the data of your order and our terms and conditions accepted by you during the ordering process. By sending the order, you confirm that you have read the terms and conditions and agree to them without reservation.

After you have placed a binding order, Chill ‘n’ Flow is free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded when the order is cancelled. Reasons for the rejection of an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is a justified reason to believe that the customer is acting contrary to these terms and conditions, individual contracts, fraudulent or other criminal activities, or for any other important reason.

When the order is accepted, a binding purchase agreement with the customer is concluded. This acceptance takes place by shipping the ordered products.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and reservation of performance for products not available

All information about the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.

Our products are available as long as our stock lasts. If Chill ‘n’ Flow discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In diesem Fall kommt ein Vertrag über die nicht lieferbare Ware nicht zustande. Furthermore, we reserve the right to limit the number of items that can be purchased by a customer.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer by e-mail accordingly.

4. Prices and Shipping Costs

Our products and prices correspond to those indicated on the Website www.chillnflow.com. All prices are quoted in CHF (Swiss francs) and include the statutory value added tax (VAT), provided that Chill ‘n’ Flow is obliged to charge VAT on the basis of the turnover. The total price of your order, including all ancillary and shipping costs, if any, will be displayed at the end of the order process, before your binding order.

By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.

Chill ‘n’ Flow reserves the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.

5. Payment Conditions

Currently, we accpt the following payment methods: TWINT, VISA, Mastercard, Maestro and Postcard.

By choosing the means of payment, the customer authorises the payment either by entering the credit card data or access data of a payment service provider. The customer authorises Chill ‘n’ Flow to collect payments in the corresponding way. In the event of chargebacks, Chill ‘n’ Flow is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Chill ‘n’ Flow is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

Bei Bezahlung mit einer Kreditkarte oder einer alternativen Zahlungsmethode behalten wir uns das Recht vor, die Gültigkeit der Karte zu überprüfen, die Verfügbarkeitsparameter für den Einzug und die Adressdaten zu kontrollieren und die Autorisierung durch den Kartenherausgeber oder Zahlungsanbieter anzufordern. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Chill ‘n’ Flow reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.

6. Delivery Conditions

Delivery in Switzerland is generally made via the delivery service of the Swiss Post Ltd.

Chill ‘n’ Flow will endeavour to deliver the goods as quickly as possible and will make every effort to comply with the stated delivery times. However, Chill ‘n’ Flow is not responsible for delivery delays, regardless of their cause. You will be informed immediately of any delays in delivery that occur.

If the delay in performance lasts more than 4 weeks after the delivery date stated on the website, you are entitled to cancel your order. Further claims, in particular claims for damages, are excluded.

Should an event beyond our control (force majeure) occur which affects the fulfilment of our obligations within the contract, we will inform you of this at the earliest possible opportunity.

7. Retention of title

Chill ‘n’ Flow remains the owner of the delivered products until they have been paid in full.

8. Return of goods

In principle, the buyer has the right to return his received articles to Chill ‘n’ Flow within 7 days. For the return, the articles must be sent back to us unused, hygienically perfect, complete and intact, in the original packaging. Customised, individualised products are excluded from the right of return. The return of a product is at the expense and risk of the customer. We may refuse to make a refund until we have received the goods back.

9. Care/Handling

Chill ‘n’ Flow accepts no liability for the customer’s misconduct with regard to the care and/or handling of the products supplied. It is expressly recommended to observe the care instructions with the products.

10. General liability

The liability for any indirect damages and consequential damages of the customer is fully excluded, unless Chill ‘n’ Flow has caused damages intentionally or by gross negligence. Damages from accidents resulting from the handling of our products are the responsibility of the customer.

11. Warranty

Any defect must be reported to us immediately. Chill ‘n’ Flow is free to decide whether the defective product is to be repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs in the case of third-party repairs is excluded. During the time of repair, the customer has no right to a replacement product.

12. Data Protection

Chill ‘n’ Flow is entitled to process and use the data recorded in the course of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. Chill ‘n’ Flow shall take the measures required to secure the data in accordance with the statutory provisions. The client fully agrees to the storage and contractual use of his or her data by Chill ‘n’ Flow and is aware that Chill ‘n’ Flow is obliged and entitled to disclose information of the client to these or third parties by order of courts or authorities. If the client has not expressly prohibited it, Chill ‘n’ Flow may use the data for marketing purposes. Für genauere Informationen wird auf die Datenschutzbestimmungen (weblink) verwiesen.

13. Copyright

The information and content published on the website are protected by copyright and are the property of Chill ‘n’ Flow. Die Vervielfältigung, Bearbeitung, Verbreitung oder jede andere Form der Verwertung sind nicht gestattet und bedürfen der vorherigen schriftlichen Zustimmung von Chill ‘n’ Flow. Chill ‘n’ Flow expressly reserves all rights in this respect.

14. Severability Clause

If a provision of this contract or an annex thereto is or becomes invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.

15. Applicable Law / Place of Jurisdiction

These T&C are subject to Swiss law. The place of jurisdiction is Thalwil. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.

 

Thalwil, August 7, 2022