STANDARD TERMS AND CONDITIONS OF SALE
Sparkle & Share, Basel, Switzerland
Effective Date: 01 October 2024
1. Scope of Application
These General Terms and Conditions of Sale ("T&Cs") govern all offers, sales, and deliveries by Sparkle & Share (“Seller”, “we”, “us”, “our”) to consumers and business clients (“Buyer”, “you”, “your”) via our website, direct sales, and written correspondence. They form an integral part of all contractual agreements unless expressly agreed otherwise in writing by both parties.
Conflicting or deviating terms and conditions of the Buyer are expressly excluded, unless explicitly accepted by us in writing.
2. Offer and Conclusion of Contract
All product listings, prices, and offers on our website or promotional materials are non-binding and subject to availability. A binding contract is formed only upon:
- Our written confirmation of your order, or
- Shipment of goods, whichever occurs first.
We reserve the right to reject or cancel orders at our sole discretion, including for pricing errors, limited availability, or suspicion of fraudulent activity.
3. Products, Substitutions, and Custom Orders
Product images and descriptions serve illustrative purposes only. Minor deviations in packaging or product design may occur and do not constitute grounds for contract withdrawal.
We reserve the right to substitute unavailable items with equivalent or superior products of equal or greater value, particularly for curated gift hampers. Custom requests will be honoured to the extent possible, but not contractually guaranteed unless confirmed in writing.
4. Prices and Payment Terms
All prices are in Swiss Francs (CHF), inclusive of VAT where applicable. Shipping, handling, and additional charges are displayed separately and itemised at checkout or in the invoice.
Payment is due in advance unless agreed otherwise in writing. Accepted methods include credit/debit card, TWINT, PayPal, and bank transfer. Invoiced corporate clients must pay within 30 calendar days unless specified otherwise.
In the event of payment delay:
- We may charge default interest at 5% p.a. from the due date.
- We reserve the right to suspend deliveries and assign debt collection without further notice.
- All collection and legal costs are borne by the Buyer.
5. Delivery and Transfer of Risk
We deliver within Switzerland and select EU countries. Stated delivery times are indicative only and not legally binding. Delays caused by suppliers, customs, or force majeure events (e.g., strikes, pandemics, natural disasters) shall not give rise to compensation or contract termination.
Risk passes to the Buyer upon dispatch of goods from our facility. In the case of personal delivery or courier services, risk transfers at the time of delivery.
6. Right of Withdrawal (Revocation)
Under Swiss law, there is no general statutory right of withdrawal for distance purchases. However, EU-based private customers (not companies) benefit from a 14-day withdrawal right under applicable EU legislation, unless exceptions apply.
Excluded from withdrawal rights:
- Perishable or consumable goods (e.g., food, chocolate, wine)
- Customized or made-to-order hampers
- Hampers sealed for hygiene reasons once unsealed
Where a valid withdrawal is exercised within the applicable period, the Buyer must return goods in unused, resalable condition at their own cost. Refunds will be made within 14 days of receipt, using the original payment method.
7. Inspection, Defects, and Warranty
The Buyer must inspect the goods immediately upon delivery and notify us in writing of any defects, shortages, or damage within 3 calendar days. After this period, goods are deemed accepted.
We provide warranty only for defects present at the time of delivery. Warranty excludes:
- Damage from improper handling or storage
- Normal wear and tear
- Minor aesthetic deviations
Liability is limited to repair, replacement, or refund at our discretion. The Buyer may not claim consequential damages or lost profits.
8. Limitation of Liability
To the extent permitted by law, Sparkle & Share disclaims all liability for:
- Indirect, incidental, or consequential damages
- Losses from delivery delays
- Acts of third-party logistics providers
- Incompatibility or allergic reactions to products
Our total liability shall not exceed the invoice value of the goods concerned. Mandatory liability under the Swiss Product Liability Act or for personal injury remains unaffected.
9. Retention of Title
All goods remain the property of Sparkle & Share until full payment is received. We reserve the right to register retention of title in the appropriate register in accordance with Art. 715 of the Swiss Civil Code.
10. Data Protection
We process personal data in compliance with the Swiss Federal Data Protection Act (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).
Collected data is used exclusively for order processing, communication, and customer service. Data is not shared with third parties without your explicit consent, except where required for order fulfilment or legal compliance.
11. Governing Law and Jurisdiction
These T&Cs and all legal relationships between the Buyer and Sparkle & Share are governed exclusively by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Basel-Stadt, Switzerland, unless mandatory provisions of consumer law in the EU apply.
12. Contact Information
Sparkle & Share,
Basel, Switzerland