TERMS OF USE

For the conclusion of purchase agreements via our website www.consciouscocoon.ch

between

Conscious Nomads GmbH
Wiesenstr. 1
CH-8008 Zurich

E-Mail: consciouscocoonch@gmail.com

hereinafter: Conscious Cocoon

and

the Customer, whether an entrepreneur or a consumer

hereinafter: Customer

1. Validity of Conditions & Definition of Customer

The following terms and conditions shall be valid in the version effective at the time the order is placed and shall apply exclusively to the entire business relationship between Conscious Cocoon and the Customer. Commercial terms and conditions contradictory to or deviating from our terms shall not become part of the agreement unless Conscious Cocoon explicitly consents to their applicability.

The customer is deemed a consumer, provided the goods and services ordered are not mainly used for purposes related to his commercial or professional freelance activities. By contrast, entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

 

2. Conclusion of Contract

The presentation of goods on Conscious Cocoons website are essentially not offers in the legal sense, but merely invitations to prospective customers to place orders if they wish so (so-called 'Invitation ad offerendum').

Due to technical reasons, the goods ordered may vary slightly from the display on the internet (within reasonable boundaries), notably in the form of minor color differences due to technical representation online.

Conscious Cocoon and its associates attempt to be as accurate as possible. However, Conscious Cocoon does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Conscious Cocoon itself is not as described, your sole remedy is to return it in unused condition.

The Customer can select goods from the website offering at www.consciouscocoon.ch and can put the goods in a digital shopping cart by clicking on the "Add to cart" button. By clicking on the "Buy" button, the Customer makes a binding offer to purchase the goods placed in the shopping cart. Before checkout, the Customer can review and amend the goods in his or her shopping cart at any time.

Upon receipt of a purchase order, the Customer will receive an automatically generated E-Mail message confirming receipt of his or her order and summarizing the details of the order. The Customer can print this order confirmation via the "Print" function of his or her E-Mail program. This automatic order confirmation only serves to confirm Conscious Cocoon's receipt of the purchase order, but does not constitute a declaration of acceptance. A contract will be deemed concluded only on dispatch of a separate declaration of acceptance by email or on dispatch of the goods ordered. The contract text in permanent form will be provided to the Customer either in said declaration of acceptance or together with the delivery of the products ordered.

Conscious Cocoon is entitled to accept the customer’s offer within two (2) working days from the date of receipt of the Customer's purchase order. If the Customer does not receive a declaration of acceptance or a confirmation on the dispatch of the good(s) within two (2) days, the Customer's offer shall be deemed to have been rejected.

The decision to accept or reject purchase orders shall, within legally admissible limits, be up to Conscious Cocoon's absolute discretion. 

In case of payment via PayPal, a contract will by way of exception to foregoing provisions be deemed concluded on receipt of the Customer's payment order. In case of payment by credit card, the Customer's credit card account will not be debited until dispatch of the good(s) ordered.

In the event of incorrect or improper self-supply by its suppliers, Conscious Cocoon reserves the right not to perform or to perform only partially. This shall apply only in cases of non-delivery for which Conscious Cocoon is not responsible and where Conscious Cocoon has concluded a concrete covering transaction with a supplier with reasonable care. Conscious Cocoon will use its reasonable best efforts to secure the good(s) ordered. Otherwise the Customer's payment will be refunded immediately. Conscious Cocoon will notify the Customer immediately on the event the good(s) are unavailable or only partially available.

The contract will be concluded in the English or German language only.

 

3. Purchase price, delivery terms & retention of ownership

 All prices are quoted inclusive of the currently applicable value added tax (VAT).

Within reasonable time (usually one day) of receipt of payment, Conscious Cocoon will get the goods ordered ready for shipment.

Deliveries are made only within Switzerland. The shipping costs, which can be reviewed upon checkout of the shop, will be borne by the Customer except where the Customer has exercised his or her right to withdraw from the contract or when Conscious Cocoon decides to skip the shipping costs for the customer (e.g. notably when the value of the shopping cart exceeds a certain value), which will be revealed to the Customer upon checkout.

Regular delivery time is 2-5 days for standard shipping, 1-2 days for express shipping if offered by Conscious Cocoon and selected by the Customer. Shipping will be by the Swiss Post with a tracking code, to the address communicated by the Customer. Conscious Cocoon will bear the risk of shipping, if the Customer is a consumer.

In case of withdrawal from the contract the Customer will be charged with the direct cost of returning the goods and will be bearing the risk for the return until arrival at Conscious Cocoon.

The goods supplied shall remain the property of Conscious Cocoon until complete payment of the purchase price.

 

4. Liability & warranty

Conscious Cocoon will be liable for material defects in accordance with the statutory provisions. The warranty period for items supplied by Conscious Cocoon with respect to Customers who are not consumers shall be six (6) months.

Excluded from liability or warranty are cases of misuse by the Customer (particularly when there are care instructions for a product) as well as defects or flaws resulting from regular/ accepted usage of the products.

An explicit guarantee for items supplied by Conscious Cocoon shall be deemed to exist only where expressly confirmed in the order confirmation for the respective item.

 

5. Data privacy, protection & electronic communication

In all matters of data privacy protection, reference is made to our Data Privacy Statement which is an integral element of this agreement. The Data Privacy Statement can be found on our homepage www.consciouscocoon.ch and also by clicking this link

When the Customer visits Conscious Cocoon or emails us, the communication will happen entirely electronically. The Customer shall consent to receive communications from Conscious Cocoon and its associates electronically. Conscious Cocoon will communicate with the Customer by E-Mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

6. Copyright & trademark

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Conscious Cocoon or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Conscious Cocoon, with copyright authorship for this collection by Conscious Cocoon and protected by international copyright laws.

Any use of the Conscious Cocoon trademarks and trade address without prior consent is strictly forbidden. The Conscious Cocoon trademark may not be used in connection with any product or service that is not the Conscious Cocoon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Conscious Cocoon.

All other trademarks not owned by Conscious Cocoon or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Conscious Cocoon or its subsidiaries. Any intellectual property such as sketches, design, manufacturing methods relating to the goods we offer are created by our suppliers and their design teams. We point out that the intellectual property in these cases lies with the producer and not with Conscious Cocoon.

 

7. Final provisions

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Conscious Cocoon.

All contracts made between Conscious Cocoon and the Customer shall be governed by the laws of the Swiss Confederation. Place of jurisdiction will always be Zurich.

The concluded contract between Conscious Cocoon and the Customer shall remain binding even in the event of invalidity in law of individual items of its provisions. The ineffective contractual provisions shall be superseded by the respective statutory provisions. The contract as a whole will be ineffective, however, if the continued adherence to the contract would constitute unreasonable hardship for one of the parties to the contract.

Conscious Cocoon is responsible under general law for its "own contents" provided for use on this website at www.consciouscocoon.ch. These general contents are to be distinguished from cross references, so-called links, to contents provided by other suppliers. When Conscious Cocoon initially establishes a link, it checks these third-party contents for evidence of entailing any liability in terms of civil or criminal law. However, it cannot be ruled out that the contents are subsequently changed by the respective providers. Conscious Cocoon is not engaged, however, in continually monitoring the contents referred to in our offer for changes that might re-establish such liability. Therefore we decline any liability for third party contents. If you believe that linked external pages infringe against established law or otherwise contain inappropriate material, please let us know.

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Last update: 08.01.2021