General Terms and Conditions
General Terms and Conditions (GTC) of MyEveryday
1. Scope
The following General Terms and Conditions (GTC) apply to all orders placed through our website. The offer on this website is exclusively directed at consumers residing in Switzerland (hereinafter referred to as "Customer").
A consumer is defined as a natural person who maintains a business relationship with MyEveryday that cannot be attributed to their commercial or independent professional activity. Orders in quantities that are not customary for households may be rejected without reason.
MyEveryday reserves the right to change these GTC at any time. The version of the GTC that is valid at the time of the order shall apply and cannot be changed unilaterally for this order. Any conflicting or deviating terms and conditions of the customer are not recognized.
The operator of this website is MyEveryday.
2. Information on this Website
MyEveryday includes information about products and services. Price and assortment changes, as well as technical changes, are reserved. All details on <www.myeveryday.ch> (product descriptions, images, illustrations, videos, measurements, weights, technical specifications, accessory relationships, and other information) are for illustration purposes and should be considered as approximate values and are non-binding. They do not constitute guaranteed properties or warranties unless explicitly stated otherwise. MyEveryday strives to provide all information on this website accurately, completely, up-to-date, and clearly, but cannot guarantee this explicitly or implicitly.
All offers on this website are subject to change and are not to be considered binding offers.
MyEveryday cannot guarantee that the products listed will be available at the time of the order. Therefore, all information regarding availability and delivery times is without obligation and may change at any time and without notice.
3. Prices
The sales prices indicated on MyEveryday are final prices and include, unless otherwise stated, the statutory value-added tax and any other statutory charges such as advance recycling fees (VRG) or copyright fees for electronic devices. Prices are quoted net in Swiss Francs (CHF).
Any shipping costs, unless otherwise provided, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the ordering process.
Technical changes, errors, and printing errors are reserved. In particular, MyEveryday may change prices at any time and without prior notice. The sales prices do not include consulting and support services.
4. Conclusion of the Contract
The products and prices on this website are considered non-binding offers.
By placing an order through this website, including accepting these GTC, the customer submits a legally binding offer to conclude a contract. MyEveryday then sends an automatic order confirmation via email, which confirms that the customer's offer has been received by MyEveryday. Placed orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as MyEveryday sends an acceptance declaration via email, confirming the dispatch of the ordered products or services.
Orders are only delivered after full payment has been received (exception: delivery on account) and if the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be fully delivered, MyEveryday is entitled to reject the order in whole or in part. In such cases, MyEveryday will inform the customer via email. If the customer's payment has already been received by MyEveryday, it will be refunded to the customer. If no payment has been made yet, the customer is released from the obligation to pay.
5. Payment Options and Retention of Title
The customer has the payment options available in the order process.
MyEveryday reserves the right to exclude customers from individual payment options without providing reasons or to insist on advance payment.
In the event of the customer’s payment default, MyEveryday may charge default interest of 5% per year as well as a reminder fee of up to CHF 20.- per reminder.
The products delivered to the customer remain the property of MyEveryday until full payment has been made.
6. Delivery, Duty of Inspection, Notification of Defects, and Returns
Deliveries are made by post or courier to the address specified by the customer in the order.
MyEveryday strives to adhere to the shortest possible delivery times. Any delivery times indicated in the order confirmation are, however, non-binding. MyEveryday is entitled to make partial deliveries. In such cases, the shipping costs will only be charged to the customer once.
The invoice, if delivery on account is offered, will be sent at MyEveryday's discretion either by email or by post.
If delivery is not possible or if the customer refuses to accept the delivery, MyEveryday may terminate the contract after notifying the customer via email and setting a reasonable grace period, and charge the customer for the costs incurred.
The customer is required to inspect the delivered goods immediately upon receipt and to report any defects for which MyEveryday is liable without delay via email to support@myeveryday.ch.
Returns to MyEveryday are at the expense and risk of the customer. The customer must return the goods in their original packaging, complete with all accessories, and together with the delivery note and a detailed description of the defects to the return address specified by MyEveryday. The customer can inquire about the nearest return address at support@myeveryday.ch.
If MyEveryday's inspection reveals that the goods have no identifiable defects or that they are not covered by the manufacturer's warranty, MyEveryday may charge the customer for the cost of the inspection, return, or disposal.
7. Right of Withdrawal
The customer is granted a right of withdrawal within 14 calendar days after receipt of the goods. The deadline is deemed met if the customer sends the written withdrawal by email to MyEveryday within the period. The withdrawal does not need to be justified.
Exercising the right of withdrawal leads to the cancellation of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories, and together with the delivery note to the return address specified by MyEveryday. The customer can inquire about the nearest return address at support@myeveryday.ch. Returns to MyEveryday are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided MyEveryday has already received the goods back or the customer can provide proof of shipment.
MyEveryday reserves the right to demand reasonable compensation for damages, excessive wear and tear, or loss of value due to improper handling and to deduct the depreciation from the purchase price already paid or to charge the customer.
The right of withdrawal is not granted in the following cases:
(i) If the contract involves a random element, in particular, because the price is subject to fluctuations over which the provider has no influence; (ii) If the contract involves a movable item that, due to its nature, is not suitable for return or can spoil quickly; (iii) If the contract involves a movable item that is made to customer specifications or is clearly tailored to personal needs; (iv) If the contract involves digital content that is not provided on a fixed medium or if the contract is to be fully performed immediately by both parties; (v) If the contract involves a service and the contract is to be fully performed by the provider with the customer’s prior express consent before the withdrawal period has expired; (vi) In the areas of accommodation, transportation, delivery of food and beverages, and leisure activities, if the provider undertakes, upon conclusion of the contract, to provide the services at a specific time or within a precisely specified period.
8. Warranty
MyEveryday strives to deliver goods of impeccable quality. For defects that are reported in a timely manner, MyEveryday provides a warranty for defect-free and functional condition of the item purchased by the customer for the statutory warranty period of typically two years from the delivery date. MyEveryday has the discretion to provide the warranty by means of free repair, equivalent replacement, or refund of the purchase price. Further warranty rights are excluded.
Normal wear and tear, as well as the consequences of improper handling or damage by the customer or third parties, and defects attributable to external circumstances are not covered by the warranty. Likewise, the warranty for consumables and wear parts (e.g., batteries, rechargeable batteries, etc.) is excluded.
MyEveryday cannot provide assurances or guarantees for the timeliness, completeness, and accuracy of data as well as for the continuous or undisturbed availability of the website, its functionalities, integrated hyperlinks, and other content. In particular, it is not guaranteed that the use of the website will not infringe rights of third parties not in possession of MyEveryday.
9. Liability
MyEveryday excludes all liability, regardless of the legal basis, as well as claims for damages against MyEveryday and any auxiliary persons and vicarious agents. In particular, MyEveryday shall not be liable for indirect damages and consequential damages, lost profits, or other personal, material, and purely financial damages of the customer. Mandatory legal liability, for example for gross negligence or unlawful intent, is reserved.
MyEveryday uses hyperlinks to provide the customer with simplified access to other websites. MyEveryday cannot know the content of these websites in detail or assume liability or responsibility for their content.
10. Data Protection
MyEveryday is allowed to process and use the data collected in the context of concluding the contract to fulfill obligations arising from the purchase contract, as well as to use it for marketing purposes. The data necessary for the provision of services may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions can be accessed in detail via the following link: (>Data Protection Link)
11. Partial Invalidity
Should any individual provisions of these GTC prove to be invalid or unenforceable, or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
12. Further Provisions and Applicable Law
MyEveryday expressly reserves the right to amend these GTC at any time and to bring them into force without notice.
In the event of disputes, only substantive Swiss law shall apply, to the exclusion of conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Law) is explicitly excluded.
The place of jurisdiction is the registered office of MyEveryday.
Contact
For questions regarding these GTC, please contact:
MyEveryday
[>Legal Disclosure]
