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Terms

GENERAL TERMS AND CONDITIONS OF NOOK GMBH

1. SCOPE OF APPLICABILITY
Nook Gmbh with its seat in Zurich (hereinafter "Nook") is active in the sales of childrens` fashion and accessoires. These terms and conditions apply to all orders made through the website http://www.nook-zh.ch in their current version at the time an order is made.

2. RANGE OF PRODUCTS, ORDER AND CONCLUSION OF A CONTRACT
The range of products published on http://www.nook-zh.ch does not constitute a binding offer by Nook and is without engagement for Nook. As a general rule, the products published in the online shop are available, but Nook makes no warranties in this regard. In case it is not possible to deliver a product or several specific products due to deviations in the inventory, Nook will inform you accordingly as quickly as possible, and Nook will also inform you about equivalent products, In case non of these products suits you, the amount (if already paid) will be reimbursed. 
In the online shop, you make an online order. The order is binding. Once Nook confirms the order, a legally valid purchase contract is concluded between you and Nook. The order confirmation is made via email.

3. DELIVERY
Delivery is made through the Swiss Post. The risk of delivery is borne by Nook. 
As a general rule, the goods are ready for delivery the day following your order. Unless expressly agreed otherwise, delivery is made within 3 to 5 business days, depending on the type and place of delivery. In the event of payment in advance, delivery is made once the purchase price is fully credited to our account. 

If delivery of the products fails despite two attempted deliveries, Nook has the right to cancel the contract and is freed from all contractual obligations, with the reservation of all claims for damages, caused to Nook because of the cancellation of the contract.

4. DELIVERY COSTS
For our delivery within Switzerland and the Principality of Liechtenstein, you pay delivery costs of CHF 9.00 (Economy) or CHF 11.00 (Priority). Free shipping for order over CHF 200.00 within Switzerland.
For our delivery within Europe you pay delivery costs of CHF 15.00(Economy) or CHF 25.00(Priority). For our delivery to other countries you pay delivery costs of CHF 20.00(Economy) or CHF 38.00(Priority).


5. PRODUCT PRESENTATION AND PRICES
The images in the Nook online shop only have illustrative purposes. Minor deviations of the delivered products from the original displayed on the website are possible and do not constitute a defect. 
If you have ordered several products at the same time, the products may be delivered at different times. 
The prices displayed at the time of an order apply. Delivery costs are charged separately. Nook reserves the right to change the prices at all times

6. PAYMENT POSSIBILITIES AND PAYMENT DEFAULT
For orders you have the payment possibilities of payment in advanced, credit card and PayPal.

6.1. CREDIT CARD
You can pay your order by credit card (VISA, Mastercard) or PayPal through the safe payment system SAFERPAY (SIX MULTIPAY). Payment fees are charged to you, if applicable.

6.2. PAYMENT IN ADVANCED
The full amount hast o be on our account within 5 days. In case full payment is not made within this deadline, an order is automatically cancelled.

6.3. PAYMENT DEFAULT
In the event of payment default, we have the right to charge interest for late payment at a rate of 10% p.a. plus a fee of CHF 10.00 as from the second default notice. Default notices and invoices are sent via email. Nook also has the right to assign the claim in case of payment default to a third party. The right to make further claims for additional damages remains reserved. 
The customer`s right to set-off is excluded.

7. VOUCHERS
Vouchers of Nook are only valid in the shop at Kuttelgasse 4, 8001 Zurich.

8. RESERVATION OF TITLE
The ordered products remain property of Nook until full payment is made.

9. CANCELLATION RIGHT
You have the right to cancel the contract within 10 days upon receipt of the products by returning the products and indicating the reason for returning. You bear the costs and responsibility for returning the products. 
Nook only accepts products that are completely intact and in an impeccable state and unworn. In particular, worn, dirty, damaged or products that smell bad are not accepted. In the event Nook accepts the return of such articles, all claims for damages remain reserved. 
Returns must be sent to: 
Nook GmbH, Oberdorfstrasse 26, 8001 Zurich 
If payment has already been made to Nook, the amount is reimbursed. Delivery costs are not reimbursed.

10. DEFECTS
We kindly ask you to immediately check the delivered products for their number, correctness, completeness and possible defects. Complaints due to defects, wrong deliveries or delivered amounts must be made via email within 5 business days upon receipt of the product to: shop@nook-zh.ch. If no complaint is made within this deadline, the delivered products are considered as accepted unreservedly, and all rights for defects shall be lost. 
In the event of a complaint, the complaint is examined immediately by Nook. If the complaint is accepted by Nook, you receive, at the discretion of Nook, a replacement product, if available, or the charged amount will be reimbursed (if already paid).

11. EXCLUSION OF LIABILITY
Apart from the defect rights of a customer as per section 10, to the extent permissibly by law, all liability of Nook towards the customer in connection with orders made is excluded, including liability for indirect damage or consequential damage, which may result notably from a defect of a product. 
Likewise, all liability of Nook for auxiliary persons is excluded to the extent permissible by law.

12. DATA PROTECTION
The protection of your personal data is very important to us, and we respect all applicable data protection regulations. 
Our online shop is encrypted by SSL (Secure Socket Layer), whereby all data of the products displayed as well as your payment and customer data is transmitted safely to us. We secure our website and other systems by technical and organisational measures against loss, destruction, access, alteration or distribution of your data by unauthorised persons. 
Nook has the right to save and use your personal data (in particular name, address, email address, past orders) to provide you with special offes or information about new collections. You can revoke your consent to the use of your personal data for advertising purposes at all times by email to shop@nook-zh.ch. 
Our website contains a link to Facebook. By activating hte Facebook-Button, you enter into direct contact with the social network Facebook. Nook excludes, to the extent permissible by law, all liability for damages caused by an illicit use of your personal data by Facebook.

13. APPLICABLE LAW AND JURISDICTION
For all legal disputes arising our of or in connection with an order made with Nook, substantive Swiss law applies exclusively. The ordinary courts in 8001 Z├╝rich, Switzerland, shall have exclusive jurisdiction. The UN Convention on the International Sale of Goods shall not apply. 
In case one or several provisions of these general terms and conditions should be invalid, this does not affect the validity of the remaining provisions.

14. LANGUAGE VERSIONS
An English and a German version of these general terms and conditions exists. In case of deviations between the two language versions, the German version shall prevail. 

Zurich, April 2015