Terms & Conditions
Scope and information about the seller
1.1 The present ‘General Terms and Conditions’ (hereinafter referred to as ’GTC’) govern the rights and obligations between Cloud Cuddles and its customers purchasing products (hereafter referred to as ‘Products’) sold via Cloud Cuddles own web shop www.cloudcuddles.com (hereafter referred to as ‘Site’).
If you are using the Site, Application or Services, the following GTC govern the rights and obligations between Cloud Cuddles and its global customers.
1.2 Cloud Cuddles reserves the right to modify these GTC from time to time. The GTC in force at the time the contract is concluded, i.e. the date when Cloud Cuddles confirms customer’s order, shall apply.
1.3 For further information about the seller, consult the Legal Notice
Conclusion of Contract
2.1 The display of the Products and the indications of prices on the Site do not constitute legally binding offers but are only invitations to customer to submit a binding offer.
2.2 Cloud Cuddles does not issue acceptances of orders but only confirms the entry of the customer’s order. Cloud Cuddles actual delivery shall constitute Cloud Cuddles acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the customer, i.e. also if Cloud Cuddles debits customer’s credit card account indicated by the customer, Cloud Cuddles reserves the right to refuse customer’s offer and not to deliver the ordered Products if they are not available from Cloud Cuddles suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the web shop shall by no means be legally binding; only the Products manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to Cloud Cuddles shall be relevant. If Cloud Cuddles cannot deliver the ordered Products to the customer in accordance with customer’s order (price and Product specifications) Cloud Cuddles refunds received advance payments to the customer.
2.3 Unless explicitly stipulated in writing by Cloud Cuddles, the delivery dates indicated by Cloud Cuddles shall only be non-binding reference points even though they are given to the best of Cloud Cuddles knowledge. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by Cloud Cuddles in writing, the customer may set a period of grace of at least three weeks. After expiry of grace period, the customer may withdraw from the respective order. Further claims are excluded.
2.4 Cloud Cuddles shall be entitled to cancel or not to carry out respectively confirmed orders at any time, especially if Cloud Cuddles suppliers do not supply Products to Cloud Cuddles. The customer acknowledges in particular that the Product’s sales prices are subject to change, e.g. that prices may be increased between the date of an order and the date of delivery by Cloud Cuddles in which case the customer may refuse the delivery of such Products. In such instances, Cloud Cuddles shall repay the purchase price, if paid (also in cases where customer’s credit card account, indicated by the customer, has been debited), for the Products which have not been delivered; further claims are excluded.
2.5 Modifications of the order or cancellations required by the customer are only valid if confirmed by Cloud Cuddles in writing. Costs already incurred to Cloud Cuddles may be charged to the customer.
2.6 Cloud Cuddles shall be entitled to partial deliveries, and the customer accepts partial deliveries.
2.7 No warranty is being given for all technical data and information regarding the scope of delivery, i.e. Cloud Cuddles shall not be liable for any damage which might arise because of deviations thereof.
Price and terms of payment
3.1 Prices payable by customer are those in the indicated currency and in effect at the time of acceptance of the order by Cloud Cuddles.
3.2 Prices indicated on the webshop are excluding Value Added Tax, exluding shipping charges and (only where applicable) import duties and fees associated with importing the product. If Cloud Cuddles offers free shipping, it will be displayed clearly on the relevant sections of the webshop.
Payment and Delivery
4.1 Cloud Cuddles will charge credit or debit cards upon dispatch of the Products ordered. Cloud Cuddles reserves the right to verify credit or debit card payments prior to acceptance. Methods of payment accepted by us can be found on the Site.
4.2 In case of default in payment, Cloud Cuddles shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.
4.3 Delivery methods and expected delivery time of Products may differ per country and are clearly indicated on the Site.
Risk and retention of title
Cloud Cuddles will only dispatch Products once payment in full has been received. Title to the Products transfers from seller to buyer when the goods are available for unloading. The buyer is responsible for import clearance and any applicable local taxes or import duties.
Right of withdrawal
6.1 Customers may cancel a contract and return any delivered product to Cloud Cuddles for any reason, provided that the Customer has notified Cloud Cuddles in writing within 14 days from purchase date (hello@cloudcuddles.com). Proof of purchase is required. Please note airline refusal of use onboard during your flight is not considered grounds for a refund.
6.3 The product must be promptly returned to Cloud Cuddles in its original condition, meaning unopened, undamaged, clean and in the original packaging, and purchased from an Authorized Cloud Cuddles Retailer.
6.4 Please note that shipping will not be refunded in case of returns/exchanges.
6.5 Once the Customer has notified Cloud Cuddles about the wish to cancel the contract, any sum debited to Cloud Cuddles will be refunded as soon as possible and in any event within 30 days of receiving the ordered item(s) back in our warehouse.
Goods damaged during transport
7.1 Should a Customer notice that at delivery the products ordered have been damaged during transport, the employee of the carrier delivering the order should be notified and Cloud Cuddles customer service contacted under hello@cloudcuddles.com . Not notifying the carrier or Cloud Cuddles about goods damaged during transport, would however not affect the Customer’s warranty rights, however this helps Cloud Cuddles to raise a claim against the carrier or the transport insurance.
Warranty
Cloud Cuddles warrants to the original purchaser, that its high-quality products are free from material and manufacturing defects for a period of 2 years from the date of purchase. All warranty claims are only accepted together with the original purchase receipt and are evaluated on a case by case basis. Cloud Cuddles will judge whether approved cases will qualify for repair or replacement free of charge. All further or other warranty claims are hereby expressly excluded.
This warranty does not cover damage caused to the product when hired out or loaned, by improper use, uses for which it was not intended, neglect or normal wear and tear. Neither does it cover damage from external causes (punctures, cuts or abrasions, including those sustained in normal use), excessive air pressure (above 0.02 bar) modifications by third parties, or damage caused by accidents, excessive force, inappropriate use, contact with excessive heat or incorrect storage. The warranty does not cover changes in color due to exposure to sunlight.
Limitation of Liability
Cloud Cuddles shall only be liable for direct damages and only if the customer can prove that Cloud Cuddles, its auxiliaries or third parties instructed by Cloud Cuddles have acted with gross negligence or with unlawful intent. In any event, Cloud Cuddles liability shall be limited to the (purchase) prices of the product in question.
Further liability for damages or injuries of any kind of Cloud Cuddles, its auxiliaries or third parties instructed by Cloud Cuddles shall be excluded. In particular, the Customer shall not be entitled to claim compensation for damages not caused by the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.
Applicable law and jurisdiction
10.1 For Consumers: Contractual relations covered by these GTC between Cloud Cuddles and Consumers shall be governed under local law of country of residence of Consumer. The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be the the place of residence of the consumer.
10.2 For any other Customer: Contractual relations covered by these GTC between Cloud Cuddles and professional clients (resellers) shall be governed by Swiss law to the exclusion of international treaties, particularly the United Nations, Convention on Contracts for the International Sale of Goods of 11 April 1980 (the Vienna Convention). The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be the one of Zurich, Switzerland. Cloud Cuddles shall be entitled to alternatively sue the customer at the general court of jurisdiction at his/her domicile.
Data protection
Cloud Cuddles complies with all data protection laws and will use data which could identify Customer only as set out in the Privacy Statement.
Copyright and trademark rights
The entire content of the cloudcuddles.com website is copyright protected. All rights are owned by Cloud Cuddles or third parties. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of cloudcuddles.com. Reproduction, transfer, amendment, linking or use of the cloudcuddles.com website for public or commercial purposes is prohibited without the prior written consent of Cloud Cuddles.
The various names and logos appearing on the cloudcuddles.com site are generally registered and protected trademarks. No part of the cloudcuddles.com website is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the cloudcuddles.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the cloudcuddles.com website. Cloud Cuddles reserves all rights in respect of all elements of the cloudcuddles.com website with the exception of rights belonging to third parties.
Closing provisions
Should any of the provisions in the GTC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.