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Terms & Conditions

Terms and Conditions (as of June 7, 2020)

Applicability of Terms and Conditions

These Terms and Conditions apply to all legal matters and transactions between you as the customer and the sole proprietorship mustikka.ch Reeta Nagel, subject to any deviating agreements (which can be seen from the respective information about a specific product in the webshop). Subject to any deviating agreements (which can be seen from the respective information about a specific product in the webshop) these Terms and Conditions shall apply by analogy to legal transactions between you as a customer and any other Swiss or foreign suppliers and Offerers, respectively, whose products can be purchased amongst other things via the category 'Unique' (hereinafter the "Third-Party Offerer(s)").  Any and all legal matters and transactions are exclusively subject to and governed by Swiss substantial law (to the exclusion of the provisions of the UN sales law [Vienna Sale of Goods Convention] and any other international treaties). By clicking the [Buy now] button (cf. the comments in the below section ‘Orders and Purchase Agreement’) you as the customer of mustikka.ch Reeta Nagel or of a Swiss or foreign Third-Party-Offerer acknowledge and accept the validity of these Terms and Conditions.

With regard to the products of the Swiss or foreign Third-Party Offerers, which can be purchased via the mustikka.ch online website, mustikka.ch Reeta Nagel acts as an intermediary, which brings together the two parties to the purchase agreement, the customer and the respective Swiss or foreign Third-Party-Offerer, through the mustikka.ch online website.

The (company) name and (residential) domicile of the respective actual offerer of a certain product is given directly with the details of the respective product in the webshop: If the product is offered by the sole proprietorship mustikka.ch Reeta Nagel, you will find the indication 'Offerer: mustikka.ch Reeta Nagel, Zurich, Switzerland' next to the corresponding product. If, however,  the product is offered by a Third-Party Offerer, you will find the remark 'Third-Party Offerer' with the information about his (company) name and (residential) domicile.

Company Details / Imprint

mustikka.ch Reeta Nagel (hereinafter “mustikka.ch”)

Sole proprietorship

Hagenholzstrasse 102
CH-8050 Zurich
Switzerland

UID: CHE-179.685.148

VAT: CHE-179.685.148 MWST

[email protected]

Please do not hesitate to contact us if you have any questions.

Orders and Purchase Agreement

The display of contents regarding our products in our webshop is to be understood as and constitutes an invitation to the customer to make a purchase offer vis-à-vis mustikka.ch or, as the case may be, the respective Swiss or foreign Third-Party Offerer (invitatio ad offerendum). You can purchase our products using the shopping cart feature online and clicking the [Add to cart] button. By clicking the [Proceed to checkout] button, followed by the [Buy now] button you acknowledge and accept the validity of the current Terms and Conditions and place a legally-binding offer for the purchase of the products contained in the shopping cart vis-à-vis mustikka.ch or, as the case may be, the respective Swiss or foreign Third-Party Offerer. You will receive an Order Confirmation by e-mail after placing your order, and a Shipping Confirmation once your order has been sent. The acceptance of the customer’s legally binding offer by mustikka.ch or, as the case may be, by the respective Swiss or foreign Third-Party Offerer and the purchase agreement between you as the customer and mustikka.ch or the respective Swiss or foreign Third-Party Offerer shall become effective as soon as the Order Confirmation is sent to the customer by mustikka.ch (attention: i.e. regardless of whether or when the Order Confirmation is received by the customer). Neither mustikka.ch nor the Swiss or foreign Third-Party Offerers do guarantee that all items included in the webshop are in stock at the time of your order. In the event that an item is unavailable, we will contact you shortly by e-mail. Your order will be processed and shipped within two to three working days (note: Saturdays and Sundays are not working days). Please note that during certain time periods (such as sale season and the like) and in case of orders placed with Third-Party Offerers the aforementioned delivery guidelines might not apply.

We cannot guarantee that the colors appearing on the webshop in detail reflect the items’ colours in reality. The colours can be reflected in different ways depending, amongst other things, on your screen and computer settings.

If you are unsure whether your transaction has been successful or you do not receive an Order Confirmation, please contact us immediately using the [email protected] e-mail address.

By placing an order on www.mustikka.ch you certify that the purchase is for your personal use only. mustikka.ch and the Swiss or foreign Third-Party Offerers reserve the right to cancel any order or limit the sales of their products if mustikka.ch or, as the case may be, a Swiss or foreign Third-Party Offerer in its sole discretion suspects that the Terms and Conditions are not being obeyed. mustikka.ch or the respective Swiss or foreign Third-Party Offerer may exercise this right on a case-by-case basis.

Prices and Shipping

With regard to purchase agreements between the customer and mustikka.ch the prices are in Swiss francs and include Swiss VAT of 7.7%, as our products are currently sold primarily domestically.

Deliveries to foreign countries (i.e. outside Switzerland) are not envisioned at this point in time. If you are interested in purchasing our products from abroad, please contact us using the [email protected] e-mail address. Swiss VAT is normally not charged on any orders vis-à-vis mustikka.ch delivered outside Switzerland. Please note that orders to countries outside Switzerland may be subject to import customs and taxes, which are applied once your delivery reaches your country. Please seek legal counsel and contact your local customs and tax service for further information. mustikka.ch is not responsible for import customs and taxes on international orders.

For purchase agreements between the customer and a foreign Third-Party Offerer, it should be noted that the prices usually stated in CHF in the webshop do not take into account those additional costs which are levied by the competent customs and tax authorities when goods are imported into Switzerland (value added tax, customs duties, et cetera). The corresponding additional costs are to be borne by the customer. mustikka.ch and the respective Third-Party Offerers accept no responsibility in this respect.

The shipping costs incurred for the delivery of an order depend on the shipping method (free shipping / registered shipping / express shipping) chosen on the checkout page.

Please note that the two shipping methods described below, i.e. Registered Shipping and Express Shipping, can only be used for orders where the customer (i) orders a certain product from a supplier and Offerer with (residential) domicile in Switzerland (i.e. mustikka.ch or a Swiss Third-Party Offerer) and (ii) has a delivery address in Switzerland. If conditions (i) and / or (ii) above are not met and you still wish to receive your order by Registered Shipping or Express Shipping, please contact us by e-mail at [email protected]

Free shipping costs:

  • Free shipping CHF 0.00.
  • If free shipping is chosen for deliveries, shipping is free of charge.
  • If free shipping is chosen for deliveries within Switzerland, ordered goods will be sent by letter (A-mail or B-mail) or parcel (PostPac Economy), depending on the weight and/or size of each order.

Registered shipping costs (i.e with proof of delivery; only conditionally possible, see the explanations above):

  • Registered shipping within Switzerland CHF 10.00 (including Swiss VAT).
  • If registered shipping is chosen for deliveries within Switzerland, shopping costs will be added to any order under CHF 150.00 only, while shipping is free on any order of CHF 00 and over.
  • If registered shipping is chosen for deliveries within Switzerland, ordered goods will be sent by letter (registered mail) or parcel (PostPac Economy with “Signature” value-added service), depending on the weight and/or size of each order.

Express shipping costs (only conditionally possible, see the explanations above):

  • Express shipping within Switzerland CHF 20.00 (including Swiss VAT).
  • If express shipping is chosen for deliveries within Switzerland, shipping costs will be added to any order under CHF 300.00 only, while shipping is free on any order of CHF 300.00 and over.
  • If express shipping is chosen for deliveries within Switzerland, ordered goods will be sent by letter or parcel (Swiss-Express “Moon” with “Signature” value-added service), depending on the weight and/or size of each order.

You can choose a shipping method on the checkout page. Orders vis-à-vis mustikka.ch are generally sent via Swiss Post, the fully state-owned limited company regulated by public law. For reasons of liability mustikka.ch recommends that customers have their orders shipped by either registered shipping or, if a faster delivery is desired, by express shipping (cf. the comments in the below section ‘Transfer of Risk’).

Further information on the shipment of goods (i.e. letters and parcels) by the Swiss Post and the meaning of specific terms such as A-mail, PostPacEconomy (with “Signature” value-added service) or Swiss-Express “Moon” with “Signature” value-added service may be found in the brochure Mitten im Leben – Das Angebot im Überblick vom 1.2018, available at https://www.post.ch/de/privat/themen-a-z/preise-versenden-und-empfangen/privat-preise-versenden/preise-pakete-inland-privat.

You can also pick up your order at mustikka.ch, Hagenholzstrasse 102, CH-8050 Zürich. Pick up is free of charge. In order to make an appointment for your order pick up, please contact mustikka.ch by using the [email protected] e-mail address.

Transfer of Risk

If you as the customer of mustikka.ch or, as the case may be, the respective Swiss or foreign Third-Party Offerer have your order shipped to you (cf. the comments in the above section ‘Prices and Shipping‘), you bear the risk in relation to the respective ordered goods as soon as the ordered goods are handed over by mustikka.ch or, as the case may be, the respective Swiss or foreign Third-Party Offerer for shipment to the relevant shipping company (cf. article 185 of the Swiss Code of Obligations). With the handover of the goods by mustikka.ch or, as the case may be, the respective Swiss or foreign Third-Party Offerer to the relevant shipping company, the full risk for a potential loss or damage etc. of the ordered goods lies solely with the customer.

Since for registered mail (i.e. letters and parcels) the Swiss Post covers damages up to a certain maximum amount in the event of loss, damage or incorrect delivery, we recommend that customers generally have their orders from mustikka.ch shipped by registered shipping or express shipping (cf. the comments in the above section ‘Prices and Shipping‘). Having ordered goods sent by registered shipping or express shipping will allow mustikka.ch to adopt an accommodating attitude toward its customers in the event of loss or damage of the ordered goods, within the predefined content limits set by the Swiss Post. According to information provided by the Swiss Post, the following maximum amounts apply (cf. the brochure Mitten im Leben – Das Angebot im Überblick vom 1.2018, available at https://www.post.ch/de/privat/themen-a-z/preise-versenden-und-empfangen/privat-preise-versenden/preise-pakete-inland-privat):

  • Maximum amount for a letter sent by registered post (registered mail) = CHF 500.00.
  • Maximum amount for a parcel sent as PostPac Economy with “Signature” value-added service = CHF 1‘500.00.
  • Maximum amount for a letter or a parcel sent as Swiss-Express “Moon” with “Signature” value-added service = CHF 500.00.

Payments, Payment Period and Default of Payment

Payments can be made by credit card (powered and operated by Stripe, www.stripe.com) or PayPal (www.paypal.com). Payment may also be made by bank transfer, in which case both payment in advance (i.e. advance payment of the ordered goods before their delivery) and payment on account (i.e. payment of the ordered goods only after their delivery) is possible. For any bank transfer please use the following bank account details which you will also find in your Order Confirmation inter alia:

Zürcher Kantonalbank

Bank account number 1100-6963.481

IBAN CH53 0070 0110 0069 6348 1

In case of payment in advance your order will be delivered after payment and actual crediting of the amount due on the above-mentioned bank account.

In the case of payment on account, a payment period of 20 calendar days applies from the due date of the amount owed, whereby the due date occurs with the effectiveness of the purchase agreement (cf. the comments in the above section 'Orders and Purchase Agreement'). The postal delivery of the invoice to the customer is not decisive for the payment period. The amount owed must be credited to mustikka.ch's account no later than the last day of the payment period. If the amount owed is not credited to mustikka.ch's account by the end of the payment period, the debtor automatically falls into arrears and additional default interest of 5% is due.

If you have any questions et al., please contact mustikka.ch by using the [email protected] e-mail address.

Sizing

Our sizing is normally based on Scandinavian children‘s clothing sizes, which are generally comparable to Swiss children‘s clothing sizes. For more information on the size of any given product, please refer to specific product descriptions.

Returns

We hope you are happy with your mustikka.ch purchase. If, for any reason whatsoever, you are not satisfied with your order, you can return purchased items within fourteen (14) days from the date you receive them. The products must be returned complete and unused, preferably in their original packaging. Shoes must be tried on a carpeted surface until you've decided to keep them.

Please note that any made-to-order products may not be returned.

After we have received and accepted the returned items, we will issue a refund following your method of payment (cf. the comments in the above section ‘Prices and Shipping‘). We will refund return costs if the product we have sent you is incorrect or faulty.

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