Please note: Translations are provided for information purposes only and have therefore no precedence. In the event of a conflict between the French version of the General Terms and Conditions and another language version, only the French original is legally binding. By accepting these General Terms and Conditions, you automatically accept the French original.
1 Scope of application
The general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops www.pandacow.ch (hereinafter referred to as “online shop”). The online shop is operated by Yann Meyer (hereinafter “Pandacow”).
Pandacow reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognized.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
2.1 Product and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
The reproduction of colors depends on the device on which you consult our online shop as well as its technical configuration. Pandacow can not guarantee that the colors of the product are exactly the same as your screen displays.
All prices quoted are net, in Swiss Francs, include value added tax (VAT) and, where applicable, packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. Pandacow reserves the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
2.2 Shipping and Shipping Costs
Shipping and packing costs are offered, unless a contrary notification prompt during the checkout process, provided that the delivery is in Switzerland or Liechtenstein.
For international orders (outside Swiss territory), a flat fee of CHF 20.00 is charged to the customer to participate in shipping costs for orders under CHF 300.00. Any custom taxes and VAT are at the charge of the customer unless contrary indication. We are constantly looking for new solutions to enhance this process and decrease the costs related.
Shipments are made by Swiss Post for Switzerland and Liechtenstein. Any other provider of our choice at any time will be appointed to improve or guarantee delivery times, as well as to offer a better service to our customers.
Delivery is deemed to be limited to the countries mentioned on our online shop.
2.3 Availability and delivery times
Pandacow is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular as well as technical issues may cause delivery delays for Pandacow. Therefore, all information on availability and delivery times is subject to change.
3 Contract conclusion
A contract for products or services from Pandacow shall be deemed concluded with Pandacow as soon as an order has been placed by the customer in the online shop (hereinafter referred to as “contract”).
Pandacow commits to honor orders received via its online shop only while stocks last and provided that the delivery is in the countries mentioned on its online shop.
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
Prices of products are indicated on its online shop and are payable in Swiss Francs (CHF) for Switzerland, and in Euro (EUR) or in US Dollar (USD) for international orders.
If a product is sold out or canceled, there is no billing. The client will directly be informed by email.
Customers are informed of their order placement by means of an automatically generated order confirmation by Pandacow, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Pandacow under condition of deliverability and correct price quotation.
4 Delivery date
The delivery of goods usually takes place within 2 working days for Switzerland and Liechtenstein and 5 working days for international parcels from the receipt of the order confirmation.
If delivery by Pandacow is delayed, customers are entitled to withdraw from the contract (with the exception of special offers) as of the 30th calendar day from the order confirmation. In such an event, Pandacow will refund the customer any amount paid in advance. No further claims towards Pandacow apply.
5 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity.
The customer shall inform Pandacow of any defects, or false or incomplete deliveries, immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer knows that this information needs to be given by contacting our customer service by email at [email protected] or via Facebook Messenger @PandacowSquad.
6 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Pandacow be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Pandacow, be this contractual or non-contractual.
Moreover, Pandacow is not liable for damage resulting from the following causes: (i) storage, setting or use of products that is improper, unlawful or contrary to contract; (ii) failure to maintain and/or improper modification or repair of the products by our clients or a third party; (iii) force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Pandacow or official orders.
We are looking forward to discover these specific cases on social medias such as Facebook, Instagram and Twitter. Do not forget the mention @PandacowSquad to be featured!
Payment for orders placed on the online shop can only be made by credit card for the time being. We strive to find new solutions to improve the comfort of our customers during that process.
7.1 Payment methods
Available payment methods for the online shop are listed during the checking out.
Payments can be made in Swiss francs (CHF), euros (EUR) or US dollars (USD) based on the options of our secure payment solution providers.
VISA, MasterCard, American Express and Maestro cards are accepted as well as payment via a PayPal account. All online payments, pass through a secure server and the information entered is encrypted (including the card number used, validity date and/or security number) using powerful encryption algorithms, under the responsibility of our secure payment solution providers.
All payment and transaction fees are supported and offered by Pandacow.
When paying by credit card or other instant payment methods, the amount is debited at the time of shipping goods.
7.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Pandacow for any purchases become immediately due. Pandacow may request immediate payment and suspend any pending order and further product deliveries to the customer.
Pandacow levies an administrative charge of CHF 5.00 from the second reminder and CHF 20.00 from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
7.3 Reservation of ownership
All ordered products remain the property of Pandacow until payment is received in full. Pandacow is entitled to make an entry in the register for reservation of ownership. Without the express consent of Pandacow, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
We are looking forward to processing your claims on this particular point.
8 Promotional codes
Promotional codes can only be used during the indicated period and only once per order. Some products may be excluded from the promotional campaign. Promotional codes can be linked to a minimum order value.
The value of the order must equal at least to the amount of the promotional code. If the value of the order is higher, the difference can be paid with one of the available payment methods. The amount of a promotional code can not be paid in cash nor by any transaction and does not earn interest. The promotional code is deemed used even in the case of totally or partially returning products and thus can not be used again.
If a promotional code was used for an order, Pandacow reserves the right to charge the original price of the goods that is kept by the customer if, due to a cancellation or returning product, the total value of the order falls below the amount of the promotional code.
Promotional codes can only be used before the final checkout. A future attribution is not possible. The promotional code can not be transferred to third parties. It is not possible to combine two or more promotional codes with each other, unless it is strictly stipulated the contrary.
9 Order change or cancellation
Order placement obliges the customer to accept the products and services. Pandacow may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 50.00, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
10 Returning products
Pandacow grants the right to return ordered products within a maximum of 10 calendar days from their dispatch or collection.
The customer must contact our customer service by email at [email protected] or via Facebook Messenger @PandacowSquad. A procedure will then be communicated to the customer so that he can process to the return of the related good. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
Size exchanges can take place while stocks last at the time of receipt of the return of goods.
Products that have been worn, soiled or damaged are excluded from a right of return unless it is shown that this has been the case during transport or manufacture. It is then a defective product and can only be such qualified by Pandacow when receiving the return from the client.
The legal warranty for defective products applies. Pandacow expressly reserves the right, in the event of reported and noticed defects of the purchased product, to deliver to the buyer a replacement product free of defects while stocks last. A participation in shipping costs may be required by Pandacow for sending the substitution product.
Products in “sale”, “promotion” or as part of a “special offer” are excluded from a right of return. Pandacow may, in its sole discretion, apply a right of return to this specific merchandise.
Should customers exercise their right of return according to the above-mentioned return conditions, Pandacowshall refund the total purchase price in a convenient timing (maximum 30 days from receipt of merchandise at Pandacow).
11 Privacy statement
Data protection is a matter of trust, and your trust is important to us. We respect your personality and privacy. We also want to make sure that your personal data are protected and processed in accordance with the law.
All personal data of the customer is treated confidentially and is not communicated to any third parties by Pandacow.
The customer has the right to assert your data protection rights at any time, and to obtain information about your stored personal data, to rectify, add to, object to the processing of your personal data, or demand the deletion of your personal data. Such request has to be made to our customer service by email at [email protected] or via Facebook Messenger @PandacowSquad.
Pandacow uses the services of the Google companies to audit the quality of its online shop, including the compilation of statistics. To establish these statistics, cookies placed on your computer are used. They do not identify you personally but it is not excluded that contextualized advertising banners appear during your future browsing of the web following your visits to our online shop.
12 Further provisions
12.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer (due to missing details) are retained for 6 months by Pandacow before being disposed of or being recycled.
12.2 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.
12.3 Place of jurisdiction and applicable law
All legal relations between Pandacow and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
For claims by consumers, the place of jurisdiction that applies is Lausanne or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Lausanne.
12.4 Copyright notice
All rights to these GTC, particularly copyrights, are reserved by Yann Meyer.
All reproduction, distribution or other use is prohibited except with written permission from Pandacow. In the event of breach of this requirement, Pandacow reserves the right to take legal action.