General terms and conditions of business

General

Offers, deliveries and other services of happy-smoke.ch operated by BB GmbH from Obfelden in Switzerland, are exclusively based on the following general terms and conditions, which are accepted by the buyer with the order.

The law of Switzerland shall apply exclusively.

BB GmbH reserves the right to refuse customers, orders or services at any time without giving reasons.

We do deliver only to adults (older than 18 years)!

Prices

All prices are final prices and in Swiss Francs (CHF) including 7.7 % VAT.

All items remain the property of BB GmbH until full payment has been received.

Payment

The delivery of the goods is preferably against prepayment (bank account, Twint or credit card) or on account. Orders will be delivered by happy-smoke.ch by mail or DPD only when the full invoice amount has been received.

Order

Binding nature of the order

Anyone who orders goods via order form online, by e-mail, verbally or by fax enters into a binding and legally binding contract with BB GmbH and is obligated to accept and pay for the goods.

Cancellation of an order

If the goods are not stock items but items ordered by happy-smoke for the customer from its suppliers, a cancellation of the order is not possible.

If the customer wishes to cancel an order of stock items that have not yet been shipped, the customer will be charged a handling fee of CHF 25.00.

Shopping cart

Items that are placed in the shopping cart but not ordered cannot be held in reserve by us.

Return

All stock items can be returned to us within 5 working days after delivery, stating the reasons, in perfect condition, unused and with undamaged original packaging. In the case of unfounded returns for credit, we charge a return fee of 10% of the value of the goods, but at least CHF 20.00. Any notice of defects must be received in writing by the sender within 8 days. Justified complaints (e.g. manufacturing defects) are entitled to exchange or refund. Only items in undamaged original packaging and unused will be exchanged.

All returns must be approved by happy-smoke in advance. If the customer wishes a return, he has to send a corresponding mail or a letter by post with the order number and the exact article description(s). Return is entitled to a delivery, however, only for important reasons. Not liked and the like are not important reasons. It is also impossible to return used goods. If, upon opening the package, we find that the goods have been used, the package will be returned to the customer at his expense.

It is basically the customer's responsibility to ensure that he orders the correct parts for his desired application.

Warranty/Guarantee

We guarantee that the goods are free of material and manufacturing defects at the time of the transfer of risk and that they possess the contractually warranted characteristics. Upon receipt of the goods, the buyer shall immediately inspect them for quality and defects. Obvious defects must be reported to us in writing within 5 working days. In the event of a complaint, the claimed item must be sent to us with sufficient postage. The warranty does not cover normal wear and tear. It expires if the customer changes the delivered goods. During the warranty period, the seller has the right to free rectification of defects. A partial or complete replacement of the item is permissible. If defects are not remedied within a reasonable period, the buyer is entitled to rescission or reduction.

We grant a warranty of 24 months on the proper functioning of the batteries, chargers and power adapters, except for wear and tear, natural wear and loss of capacity of the batteries.

We do not provide any warranty on the vaporizer units, vaporizers, clearomizers and cartomizers. These are wear parts.

Excluded from warranty and guarantee obligations are:

Wear parts such as sealing rings, rubber caps, vaporizers and vaporizer heads, natural wear and tear such as scratches, rust, loss of color, etc., negligent handling of products, incorrectly used products/application errors, the natural loss of capacity of batteries (functional warranty at start-up), damage due to penetration of liquid (condensate, liquid, water) - especially for batteries and battery carriers, incorrect manipulation, items without purchase receipt, liquids (even unopened) are excluded from the warranty. E-cigarettes without outer packaging or serial number are also excluded from warranty and guarantee.

All "disposable" products offered for purchase (vaporizers, cartomizers, tank vaporizers, tank depots, rubber caps, hygienic mouthpieces) come with DOA warranty. Under the DOA warranty agreement, disposable products are guaranteed to be in proper working order upon receipt by the purchaser. If a purchased disposable product is not claimed by the purchaser within the first 48 hours of receipt, any further warranty claims by the purchaser are excluded.

In case of a warranty claim, we send the defective product to our supplier, who then decides whether the claim is justified - this may take a while, as our suppliers do not live just around the corner ;-). So some patience is needed - but we do our best to satisfy our customers.

By the way: we do NOT have a returns management system - in fact we have so few warranty cases/problems with our goods that there is no need for one and we prefer to flexibly agree with our customers how to act.

However, please do not send us defective goods without prior consultation!

Delivery

Shipping

We generally ship with DPD or Swiss Post. Orders that arrive by 3 pm will be shipped the same day if possible.

Delivery to the customer

BB GmbH is not responsible for wrong deliveries due to incomplete and/or wrong delivery addresses. The customer is obliged to check the correctness of his information when ordering and bears the additional costs for wrong deliveries.

If goods, which could not be delivered due to an incorrect delivery address, have to be reshipped, a fee for our efforts of CHF 20.00 will be charged in addition to the renewed shipping costs.

Delivery costs

Unless otherwise agreed, delivery costs shall be borne in full by the customer. The delivery costs for subsequent deliveries caused by BB GmbH shall be borne by BB GmbH and shall not be invoiced.

Delivery periods

Information about the expected delivery time is not binding.

Terms of delivery

Place of performance is CH-8912 Obfelden. In case of refusal to accept a parcel, the customer shall bear the full shipping costs, as well as the processing costs of CHF 55.00 charged by us.

Damages

BB GmbH shall not be liable for any damage or loss occurring during transport. If the packaging is undamaged and the damage is discovered during unpacking, the customer must notify BB GmbH of the damage in writing within 3 days. In case of external visible damages the customer has to claim this immediately to the responsible carrier and to inform us accordingly.

In the event of damage, the customer is obliged to retain all cartons or packaging and insulation materials so that these can be presented to the delivery service in connection with a damage report (if requested).

BB GmbH will not submit damage reports and claims to the delivery service on behalf of the customer.

Reservation of performance

If an item is no longer available or at least not available for the foreseeable future, the customer will be informed and the item will not be delivered. We reserve the right of partial delivery. Articles that are made to order or only after an order has been placed will be delivered at a later date.

Delivery of wrong articles

If BB GmbH sends articles to the customer, which the customer has not ordered, the customer has to inform us immediately. BB GmbH will then organize the return transport. The subsequent delivery of the correct articles will be made immediately after receipt of the returned articles and at the expense of BB GmbH.

Incomplete delivery

If the delivery by BB GmbH is erroneously incomplete, the customer must inform BB GmbH immediately.

Delivery bottlenecks

Delivery bottlenecks not caused by BB GmbH are possible and in these cases we grant ourselves the right of a partial delivery.

Disclaimer

We do not assume any liability for damages, injuries, etc. caused by use with our products.

Final provisions

Final provisions and severability clause

Place of performance is Obfelden. The store has the right to sue the customer at any other court. Swiss law shall apply. If the customer is a merchant or a legal entity under public law, Obfelden shall be the exclusive place of jurisdiction for all disputes arising from this contract. The same shall apply if the customer has no general place of jurisdiction or residence in Switzerland or if the customer's place of residence or habitual abode is unknown at the time the action is brought.

Should individual provisions of the contract - including these GTC - be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Invalid provisions in whole or in part shall rather be replaced by a provision that is legally valid and corresponds as closely as possible to the invalid provision in terms of content and reason.

Place of jurisdiction

The place of jurisdiction is Obfelden ZH.