Terms of service
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between ToTheJersey (hereinafter referred to as "we," "us," or "our") and our customers (hereinafter referred to as "customer" or "you"). These GTC apply to customers in Switzerland, the European Union (EU), and the United States of America (USA).
1.2 We do not accept any terms and conditions of the customer that deviate from these, unless we have expressly agreed to them in writing.
2. Conclusion of Contract
2.1 By clicking the "Buy" button in the online store, you place a binding order for the items in the shopping cart. The confirmation of receipt of your order is automatically sent via email and does not yet constitute acceptance of the contract.
2.2 The contract is concluded only when we accept your order through a separate shipping confirmation or by delivering the goods.
2.3 For customers in the USA, the provisions of the Federal Trade Commission Act, particularly in relation to door-to-door sales (Cooling-Off Rule), apply, if applicable.
3. Prices and Shipping Costs
3.1 All prices are stated in the respective local currency:
- Swiss Franc (CHF) for customers in Switzerland
- Euro (EUR) for customers in the EU
- US Dollar (USD) for customers in the USA
All prices include the applicable VAT, where applicable.
3.2 In addition to the prices indicated, we charge shipping costs. The amount of shipping costs depends on the chosen shipping method and the destination country. The shipping costs will be displayed to you before completing the order process.
4. Payment Terms
4.1 Payment can be made via Apple Pay, Google Pay, PayPal, credit card, or Twint.
4.2 If paying by credit card or PayPal, the account will be charged immediately after confirming the order.
5. Delivery and Delivery Time
5.1 Delivery within Switzerland will take place within 3 business days after the order is received, provided the item is in stock.
5.2 Deliveries to the EU typically take place within 5 business days after the order is received. Deliveries to the USA may take up to 10 business days due to customs and shipping processing.
5.3 If an ordered item is unavailable, we reserve the right to withdraw from the contract. In this case, we will promptly inform you and refund any payments already made.
5.4 Delays due to force majeure, natural disasters, or unforeseen events exclude any claims for damages against us.
6. Right of Withdrawal
6.1 Europe:
Consumers within the meaning of Section 13 BGB have the right to withdraw from the contract within 14 days without giving any reason. For further details, please refer to our separate withdrawal instructions.
6.2 Switzerland:
There is no statutory right of withdrawal in Switzerland. However, we voluntarily offer a return right of 14 days.
6.3 USA:
There is no statutory right of withdrawal in the USA. However, we voluntarily offer a return possibility of 14 days, provided the goods are unused and returned in their original condition.
6.4 Exclusions:
The right of withdrawal does not apply to:
- Goods made to customer specifications or clearly tailored to personal needs
- Sealed goods where the seal has been removed after delivery and which cannot be returned for hygiene or health reasons.
7. Retention of Title
7.1 The delivered goods remain our property until full payment is received.
7.2 In the USA, this retention of title applies in accordance with the Uniform Commercial Code (UCC) regulations.
8. Liability
8.1 We are fully liable for damages arising from the injury to life, body, or health, as well as for damages based on intent or gross negligence.
8.2 In case of simple negligence, we are only liable for damages arising from the violation of essential contractual obligations (cardinal duties).
8.3 We exclude liability for damages resulting from improper use of the goods.
9. Data Protection
9.1 The processing of your personal data is carried out in accordance with the data protection laws of Switzerland (DSG), the EU (GDPR), and the USA (e.g., California Consumer Privacy Act, if applicable). Further information can be found in our privacy policy.
10. Final Provisions
10.1 For customers in Switzerland, Swiss law applies. For customers in the EU, the law of the respective EU member state in which the customer is domiciled applies. For customers in the USA, the law of the state in which the customer resides applies.
10.2 The application of the UN Sales Convention (CISG) is excluded.
10.3 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by a legally valid regulation that most closely corresponds to the economic purpose of the invalid provision.