Terms and Conditions
WoopSkinz® sells mobile device accessories either directly to consumers or indirectly through third-party resellers, and independently owned stores (the “Service”). The Service is provided by WoopSkinz+Brascom GmbH, a swiss limited liability company (“Company”, “we”, or “us”). These terms and conditions, as may be amended from time to time (the “Terms of Use”), together with our Privacy Policy (collectively, the “Terms”) govern your access to and use of the Service made available online through our website(s), including www.woopskinzbrascom.com/brands/woopskinz, and any of our applications through whatever platform, including any content and functionality (collectively, the “Site”), whether as a guest or as a registered user.
1. General
These Terms of Use shall apply to all deliveries and offers of Company. Counter-confirmations of a buyer with reference to its own standard or sales terms and conditions are hereby rejected. Any deviations to these Terms of Use shall only be effective if Company has accepted such deviations in writing.
2. Offers and objects of these Terms
Our offers shall not be binding in relation to performance, quantity and collateral performance. The offer regarding the quantity of supply shall be limited to the inventory on hand and is made in the form of a non-specific obligation limited by individual contract. We hereby expressly reserve the right to make technical modifications.
3. Prices, postage and packaging. Partial delivery
Generally, our prices shall be those referred to in our product basket on the Site at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid. We reserve the right to correct prices that result from typographical errors or errors in calculation. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution center excluding packaging, shipping, and handling. The customer shall bear any postage, packaging, and handling costs.
The price of products that are marked as “announcement(s)” or “pre-release(s)” shall be based on non-binding information by suppliers or manufacturers and shall be subject to change until such time as the product comes on the market. Pre-announced products may be purchased at the current published price, but Company cannot guarantee the price or appearance of the product or the date when the product shall appear on the market. In the event of modifications, the Company may consult with the customer prior to processing the order. If the customer does not agree with the modifications, the order shall not be filled.
Packaging materials shall become the property of the customer and will be charged by Company in the postage and packaging costs. Costs for postage and packaging will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of an order by telephone, fax, or any other medium, they shall be quoted and shown separately on the invoice. The mode of shipment shall be made from possible choices, absent express choice by the customer.
In the event of partial shipments that have been arranged or offered by Company, the customer will be alerted to additional shipping costs and may agree to additional shipping, wait for shipment consolidation or cancellation of all ordered items not yet shipped. In the event of shipment consolidation, the customer agrees to pay all postal, packaging, and handling costs, calculated at the time of agreement on shipment consolidation. In the event that a customer wishes for shipment in specific lots, the additional costs for the shipment of each lot shall be borne by the customer. An overview of the applicable shipment and payment options as well as the relevant basic prices shall be published on our website.
If an item becomes lost or damaged during the course of shipping, the Company’s scope of responsibility is limited to the decision made by the courier. In the event that the courier decides the package was not stolen, lost or otherwise mishandled, Company is not responsible for replacing the item, nor is Company under obligation to refund or return any payments made by the customer.
4. Delivery period
In the event that a delay occurs after an order has been made, the customer may be informed by e-mail, telephone, or fax. The customer is entitled to cancel the order or to make modifications to such order free of charge at any time before the product is shipped unless otherwise agreed. In the event that delivery is impossible, without this being the responsibility of anyone, Company shall be entitled to terminate the sale. The customer shall not be entitled to damages as a result thereof.
5. Pasage of risk and returns
If the customer picks up the goods at the premises of the Company, then the risk of accidental loss or accidental damage to the goods shall pass from Company to the customer at the time when the goods are transferred to the customer. In all other cases, this risk shall pass to the customer as soon as the goods have been delivered to the customer by the third party that was commissioned to deliver said goods.
If the customer is a merchant, the limitation period for return claims against Company is 7 days after delivery. After 7 days, the return of the merchandise is subject to the Company’s Inventory Buyback, at a buyback percentage rate set by Company at the time of original sale.
The Company shall not be liable for normal wear and tear of goods or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use. If the delivered item has been used, applied, or modified by the customer or by a third party without written approval by Company, all return rights shall expire.
Alterations of design and form which are a result of technology improvements or demands of the legislature shall be reserved during the delivery period, provided that the item to be delivered is not substantially altered or modified and that the customer can reasonably be expected to accept such modifications.
6. Restriction on liability
Any loss of data, damage to any purchased item or damage to items that may interact or be used in conjunction with purchased items, are the sole responsibility of the user, and Company bears no responsibility for such loss or damage. After delivery of items, Company is not responsible for misuse, accidental operation of items, or any losses, tangible or virtual, that may result.
Installation of any purchased item is the sole responsibility of the user. Data loss, physical damage, liquid damage, or any damages resulting in the installation of any purchased item are not covered by Company, its resellers, or its warranties – installation and any possible resulting damages are the responsibility of the installer.
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
7. Payment
Unless otherwise agreed, all invoices by Company shall be payable immediately without any deductions. The customer shall be entitled to choose among the payment options offered by the Company depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the customer’s account. The various methods of payment are displayed in the product basket. No forms of payment other than those stated in the product basket will be accepted unless expressly stated in writing and agreed upon by Company.
Company hereby reserves the right to fill the order only against cash on delivery or payment in advance in individual cases or in the event that a bank or an offeror of the respective payment mode has rejected the payment. In such cases, the customer shall be entitled to accept or revoke his/her order.
Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.
Any set-off of counterclaim shall not be permitted unless proven at law or if accepted by Company. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
8. Reservation of title
All items delivered by Company remain its property until such items have been paid in full and all claims resulting from any given transaction have been met. This shall also apply to conditional claims.
If the customer is a business or merchant, the following provisions shall apply: seizures by third parties of items owned or co-owned by the Company must be notified by the customer immediately. Any costs arising in relation to judicial proceedings or settlement out of court which the Company undertakes to secure its rights shall be borne by the customer. The customer shall assign as a security all claims (including all claims for balances under the current account) which arise in connection with the items being sold on or on any other legal grounds to Company. The customer is hereby irrevocably entitled to collect on its behalf and for its account all claims assigned to Company. This direct debit authorization may be revoked if the customer does not meet its payment obligations in an orderly manner.
9. Assignment of claims
The customer shall not be entitled to assign any rights, obligations or claims under these Terms of Use
10. Accessing the site and account security
We reserve the right to withdraw or amend the Site, and any services or materials we provide on the Site (including the Service), at any time in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Site, or the entire Site, to some or all users, including registered users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Site.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features of the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information that are not inconsistent with our Privacy Policy.
If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Site using your user name, password or other security information. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you may have violated any provision of these Terms of Use.
11. IP rights
The Site and its entire contents, features and functionality (including but not limited to all information, software (including any source code and object code), text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Company, its affiliates, its licensors, or other providers of such material and are protected by swiss and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law, as applicable.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, immediately return or securely destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
12. Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
13. Contacting customers
Based on the information that you provide to Company, you may be contacted from time to time by email, telephone and/or text message by or on behalf of the Company in connection with our products. You hereby expressly consent to receiving emails, telephone calls and/or text messages (including, without limitation, calls or text messages made to a wireless telephone whether made with an automatic telephone dialing system or any pre-recorded messages) for such purposes.
14. Miscellaneous
These standard terms and conditions contain all rights and obligations of the contract parties. Any other agreements or declarations of intent by the contract parties must be in writing. This shall include any amendment to or modification of this form requirement.
If the customer is a business or merchant, Frauenfeld, Thurgau shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and checks. The state and federal laws of switzerland, respectively, shall exclusively apply in connection with these Terms of Use.
In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such provisions that are valid and come closest to the commercial purpose intended by the parties.
15. Your comments, qustions and concerns
The Site is operated by WoopSkinz+Brascom GmbH, located at Bahnhofstrasse 55, 8360 Eschlikon, Thurgau, Switzerland
All feedback, comments, requests for technical support and other communications relating to the Site or the Terms and related practices should be directed to:
GSC International Legal Association
legalcases(@)gsc-association.com
*Please remove ( ) when writing your e-mail.