Terms of service

TERMS AND CONDITIONS (GTC)

1. Scope

These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services provided by the seller (hereinafter “Provider”) to the customer (hereinafter “Customer”).

2. Conclusion of contract

The offers of the provider in the online shop constitute a non-binding invitation to the customer to order goods in the online shop of the provider. By submitting the order, the customer makes a binding offer to conclude a purchase contract. The provider accepts the offer by sending an order confirmation via email or by delivering the goods within two days.

3. Prices and payment terms

The prices stated on the product pages are final prices and include VAT. In addition to the stated prices, there are shipping costs, which are stated on the order page in the provider's online shop. The customer is not entitled to a specific payment method.

3.1 Purchase with Invoice

The payment method “Invoice” offers the possibility of placing orders without advance payment. A credit check is carried out in the background. Depending on the results of this check, we reserve the right to cancel orders.

With the individual invoice you can easily pay for your online purchase by invoice. Please note the payment deadline.

4. Delivery terms

The goods are delivered within Switzerland and Germany. The delivery time is usually 2-3 working days for Switzerland, and 5-7 working days to Germany. The provider is not liable for delivery delays that are due to force majeure or events for which he is not responsible (e.g. transport delays, operational disruptions, etc.).

For deliveries abroad, additional customs fees and taxes may be incurred by the shipping service provider.These costs are not included in the purchase price and are the sole responsibility of the customer. The customer is obliged to inform himself about the customs regulations applicable to his order and to pay the corresponding fees and taxes. The provider assumes no responsibility for additional costs incurred due to customs clearance.

5. Warranty and Liability

The provider is liable for defects in the goods in accordance with the statutory provisions. If the goods are defective, the provider will, at its own discretion, either repair the goods or deliver replacement goods. If the repair or replacement delivery fails, the customer can, at his discretion, request a reduction in price or withdraw from the contract.

The provider's liability for damages is limited to the amount of the invoice. This does not apply if the damage is due to intent or gross negligence.

6. Retention of title

The goods remain the property of the provider until full payment has been made.

7. Data protection

The data necessary to conclude the contract is stored and protected within the framework of legal regulations. This data will not be passed on to third parties without the customer's consent.

7.1 Copyright for images in connection with the 30 day money back guarantee

By submitting images under our 30-day money-back guarantee, you agree that copyright of those images transfers to Always Smiling. This means that Always Smiling receives the right to use these images for various purposes, including but not limited to marketing and promotional activities. By submitting your images, you grant Always Smiling an irrevocable, worldwide, royalty-free license to use, reproduce, publish, display, distribute and edit those images. This consent is not limited to a specific period of time and applies to all current and future media formats. Please ensure that you have the right to provide these images to us and that you have the consent of everyone depicted (if applicable) for the images to be passed on to us and for our further use.

8. Applicable Law and Place of Jurisdiction

It is only the law of the Federal Republic of Germany. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business.

9. Salvatorische Klausel

If individual provisions of these General Terms and Conditions are or become ineffective, the effectiveness of the remaining provisions remains unaffected. The statutory regulation applies instead of the invalid provision.

These General Terms and Conditions are written in German and are available in this language.