Conditions
Conclusion of Contract
These General Terms and Conditions (hereinafter referred to as “GTC”) of Cossmic Bear apply to all processing and handling of orders by their customers (hereinafter referred to as “customers” or “you”) in online shops operated by Cossmic Bear.
The presentation of products in the online shop does not constitute a legally binding offer, but an unbinding online catalog. By clicking the “Order now” button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order. A binding contract is concluded upon receipt of the order confirmation.
Voluntary Return Policy / Right of Withdrawal
We grant you a voluntary return guarantee of a total of 10 days from receipt of the goods, with the exception of reduced items, e-books, and hygiene articles (e.g., underwear), for which there is no right of return. If a right of return exists, you can withdraw from the contract by notifying us of the withdrawal within 10 days of receiving the goods and returning the goods to us within 10 days after declaring the withdrawal, provided the goods are complete and in their original packaging and are in unused and undamaged condition. Timely dispatch is sufficient to comply with the deadline.
Please return the goods in the original packaging with all accessories and with all packaging components to the address provided by us via email.
For further details and conditions for the valid exercise of the voluntary return policy and for returning the goods, please refer to the separate information sheet “Right of Withdrawal” (on our homepage).
Delivery
Deliveries are generally only possible within Switzerland. In principle, delivery is made by Post CH AG. The sale of articles is limited to household quantities and only to end consumers.
Please note that we are not obliged to deliver the ordered goods if we have ordered the goods properly on our part but have not been supplied correctly or in time. The condition is that we are not responsible for the lack of availability of goods and that we have informed you of this fact immediately. In the event of subsequent unavailability of the goods, we will refund any payments already made by you immediately.
When deadlines are specified as working days, we understand this to mean all days from Monday to Friday, excluding public holidays.
We reserve the right to reject an order or cancel the order if it was generated by software, a machine, a crawler, a spider, or other automatic web programs or scripted behavior systems, or by using third-party services that were used to place the order on your behalf.
Prices and Payment
We cover the shipping costs for you.
The prices include the statutory value-added tax.
Payment must generally be made by credit card, Twint, or PayPal (for immediate transfer, see the following paragraph). You pay directly in the ordering process by entering your payment details. After completing the ordering process, your chosen payment method will be charged with the actual invoice amount after deducting any discounts, etc.
You also have the option to pay by immediate transfer. If you choose this payment method, you will receive an invoice for the immediate transfer after completing the ordering process.
The goods are shipped after receipt of payment.
You agree to receive invoices, credits, etc., in electronic or paper form.
Customs
Customers themselves are responsible for complying with import and customs regulations. Any resulting costs and fees are to be borne by the customer.
Warranty
The statutory warranty for defects applies. Cossmic Bear expressly reserves the right to deliver defect-free replacement to the customer for claimed and identified defects of the purchased item.
Disclaimer
Cossmic Bear’s contractual and non-contractual liability towards the customer is excluded to the extent legally permissible, except for damages caused intentionally or through gross negligence.
Cossmic Bear’s liability for consequential damages and for vicarious agents is excluded.
We refer to links to other pages on the Internet on our pages. For all these links, we explicitly state that we have no influence on the design and content of the linked pages. We hereby expressly distance ourselves from all content of all linked third-party pages and do not endorse their content. This declaration applies to all displayed links and to all contents of the pages to which links lead.
The contracting party must immediately report any damages that may have been caused by the actions of Cossmic Bear in writing within five (5) working days after the occurrence and knowledge of the damage case to Cossmic Bear.
Data Protection
The data protection provisions of Cossmic Bear apply: Privacy Policy.
Force Majeure
Cossmic Bear is not liable for damages due to performance failure and performance delays resulting from unforeseeable events beyond the control of Cossmic Bear, their legal representatives, or their vicarious agents (force majeure). Events of force majeure include, in particular, war, unrest, natural forces, pandemics/epidemics, fire, power outages, official orders, lawful internal labor measures, as well as the failure or a performance restriction of communication networks and gateways of other operators.
Severability Clause
Should individual provisions be wholly or partially invalid, this does not affect the validity of the rest of these GTC. Invalid regulations are to be replaced by conditions that come closest to the economic intention of the original condition.
Deviations from these GTC are only effective if they have been agreed in writing.
Applicable Law / Jurisdiction
Swiss law applies exclusively. The provisions of the United Nations Convention on the CISG (Convention on Contracts for the International Sale of Goods), also known as the Vienna Sales Convention, are excluded. For contracts with consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
The exclusive place of jurisdiction is the seat of Cossmic Bear or its legal successor, except in relation to consumers, in which case the place of jurisdiction is the Swiss residence of the consumer.