GENERAL TERMS AND CONDITIONS – LITTLE GENIUS DECEMBER 18, 2021
1. General and Scope
- The general terms and conditions (hereinafter referred to as ″GTC″) apply to the purchase of all products, subscription services and gift cards that are offered by LITTLE GENIUS.
- By using our website, purchasing or subscribing to our Services, you accept these GTC. Please read them carefully, as they may have changed since your last visit. We may revise these GTC at any time. Any revisions will be posted on this website. Your continued use of the website will indicate you understand and accept the GTC as revised.
- Conditions of the customer that contradict or deviate from these terms and conditions will not be recognized unless LITTLE GENIUS has agreed to them in advance and in writing. By ordering the customer confirms the unreserved acceptance of these terms and conditions. Conditions set by customers that contradict these terms and conditions are ineffective.
- The subject of the contract is the sale and the associated delivery of baby toy subscription boxes or select individual baby toys (the "LITTLE GENIUS services"). It includes our subscription services. LITTLE GENIUS offers assembled boxes with 5 or more items of baby toys (one “set” each) for purchase. The individual items in the respective boxes are selected by LITTLE GENIUS. The toys are only offered as a set and cannot be bought individually (unless separately listed in the “Other Amazing Toys” section of the website).
- The sale takes place in the online shop at www.little-genius.ch and/or www.littlle-genius.net (whether on desktop or mobile version).
- The presentation of the goods and subscription services displayed in the online shop with the associated prices is to be understood as an invitation to the customer to submit an offer (application to conclude a contract) (invitatio ad offerendum). The ordering process is completed by filling out the form in electronic format and sending it by clicking the "BUY" button in the online shop. With this, the customer submits a binding offer to LITTLE GENIUS for the purchase of the ordered products. The application / offer is deemed accepted by LITTLE GENIUS by placing an order in the online shop or in another written form (including but not limited to e-mail, contact form on the website or post) or with the dispatch of the article(s).
- LITTLE GENIUS is entitled to reject an offer without giving reasons. Please note that, by way of exception, we are under no obligation to deliver your order in the event of inaccuracies, errors, product unavailability, or for any other reason. Your order is exclusively based on the information provided by you for this purpose, and we may rely on the correctness and completeness thereof. Therefore, you guarantee the correctness and completeness of said information.
- When ordering products and / or when creating a customer account in the online shop, the customer is requested to register and provide her/his personal data. When entering the data required for registration, the customer is responsible for providing truthful and complete information. The customer is also obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The registration is confirmed immediately after the registration has been sent. If personal data changes, it is the customer's responsibility to update the changed data in her user account. LITTLE GENIUS saves the data entered in the customer database in compliance with data protection requirements. The data is used to process orders and to issue invoices.
- The customer is solely responsible for the content he posts in accessible areas. These must not violate any third party rights. There is no entitlement to the storage or publication of posted content, such as product reviews.
- The customer must refrain from any disruption to the www.little-genius.ch and/or www.little-genius.net website or any further use of the accessible data outside of the respective platform's internal use. Manipulations carried out with the aim of obtaining unauthorized payments or other advantages to the detriment of LITTLE GENIUS or other parties involved can, in addition to legal consequences, also lead to loss of access to www.little-genius.ch and/or www.little-genius.net. Customers are entitled to use the online offer within the framework of the respective availability. The content may only be used for your own private, non-commercial purposes.
- There is no entitlement to permanent access to the website or access to the data or other services offered. LITTLE GENIUS also does not guarantee that the platform or parts of the services will be available at all times.
- We try to make the website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the website may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use or other errors. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, or item unavailability, or that otherwise affect your order. We reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
- We work hard to provide the best experience possible and the best products for every age; however, you may cancel your automatic subscription renewal (not including upfront paid subscription options) through the account page on the website or via email to info@little-genius.ch. You must update your account on the website at least 10 business days prior to your next bi-monthly invoicing date. If you do not cancel your subscription at least 14 days prior to your next bi-monthly invoice date, your subscription will automatically renew for the next applicable period. You will continue to be renewed at the effective bi-monthly rate.
- Your subscription will continue automatically until you cancel or until LITTLE GENIUS no longer offers products for your child’s age. The LITTLE GENIUS line may expand to include older ages over time. In addition, if you initially paid for your subscription upfront, upon the conclusion of the upfront paid subscription period, your subscription will be automatically renewed on a pay-as-you-go basis (i.e. you will be invoiced and charged at the time each box ships) unless you timely cancel or elect to pay upfront again.
- For additional terms and conditions that apply to our Subscriptions, please refer to the Frequently Asked Questions (FAQ) page on our website.
- Wherever possible, the products are made available or delivered within the specified delivery times, which are indicative (generally covering a period of 5 working days after receipt of the order). If the order cannot be carried out in whole or in part, the customer will be informed of the unavailability. Products that cannot be delivered temporarily are reserved for the customer; the customer's order remains. LITTLE GENIUS will inform the customer of any delivery delay. Delivery delays of up to one month beyond the specified delivery period do not entitle the customer to refuse to accept the items ordered, to cancel the contract, to claim damages or to reclaim the purchase price.
- LITTLE GENIUS currently only delivers to customers and addresses in Switzerland. Articles will be sent via Swiss Post. The customer’s share of the shipping costs for this standard shipping is starting at CHF7.00 (depending of weight) up to a sales price of CHF50.00 per order. In general, there are no shipping costs above a sales value of CHF50.00 per order.
- Transport damage must be reported immediately, but no later than three working days after delivery. If the good(s) show external damage (packaging), the customer has to mention the note "with reservation" or a detailed written description of the damage on the delivery note. If the customer or recipient of the good(s) discover damage to the goods that can be traced back to the delivery, the customer is entitled to refuse acceptance of the goods and to note this with ″transport damage″ on the delivery note. Should the customer discover damage to the goods after receiving and unpacking the goods, she/he must immediately, at the latest within three working days, submit a complaint including photos of the damaged part(s) to info@little-genius.ch.
- If customers have any questions about shipping costs, LITTLE GENIUS can be reached at info@little-genius.ch.
- The ordered goods remain the unrestricted property of LITTLE GENIUS until they have been properly paid for.
- Benefit and risk are immediately transferred to the customer when the goods are handed over to the supplier (forwarder, carrier) for dispatch or delivery to the address specified by the customer.
- The customer bears the damage resulting from the use of post, telephone, fax, e-mail or other means of transmission or transport, in particular through misunderstandings, loss, delay, mutilations, irregularities or duplicates, provided that LITTLE GENIUS has exercised the customary care.
- The prices stated by LITTLE GENIUS at the time of the order apply. Obviously erroneous prices are not binding. The prices are in Swiss Francs (CHF) and include the statutory value added tax (if applicable). Any change in the tax rate can affect the price of the products. LITTLE GENIUS reserves the right to change its prices at any time and without notice, whereby the customer will only be charged the price stated on the day of the order in the online shop. Any subscription or upfront paid subscription option you have already paid for as of the date of such notice will not be affected by such pricing change for the then-current term of the subscription / upfront paid subscription option. Quantities of some products may be limited, and stock cannot always be guaranteed.
- LITTLE GENIUS can offer sales and special offers via its online shop. These offers are only valid as long as they are published on the website and cannot be claimed retrospectively.
- You authorize us (and any payment processor) to charge your payment method for all purchases you make. LITTLE GENIUS offers the option of paying via Apple Pay, credit card (Visa, Master, Amex) or PayPal.
- The customer receives instructions for the payment process with his order. All credit card payments are processed through Stripe (aside from PayPal). The data is encrypted using the SSL protocol and transmitted for processing and handling. With PayPal, the bank details are stored once when you register, from then on you only pay with your email address and password. Possible fees from the credit card company may be charged to you.
- For payment on invoice (i.e. our bi-monthly subscription options) you will receive the request for payment / respective invoice per e-mail. The invoice is due within 10 days of receipt of that email and products will only be shipped if received in time. As soon as the payment has been received, LITTLE GENIUS sends the customer a confirmation by email stating the expected delivery date. If, despite the due date, payment is not made within the 10 days timeframe, even after a renewed request, the order will lapse without LITTLE GENIUS being obliged to deliver. For details to timely cancel our subscription plans, please refer to Section 4 of the GTC.
- Warranty of purchased articles is limited to the warranties of the respective producers. Claims cease to exist if there is improper handling or personal intervention.
- As far as the legal regulations allow, liability for damages, for whatever legal reason, is excluded. In particular, there is no liability for damage, indirect damage or consequential damage caused by auxiliary personnel.
- In the event of manufacturing defects in the product purchased by the customer, LITTLE GENIUS's guarantee is limited to taking back the product, exchanging it or reimbursing the purchase price, provided that the customer complies with a 14-day deadline after having received the goods. LITTLE GENIUS is entitled to offer a replacement or a repair. Warranty claims against LITTLE GENIUS are only available to the immediate customer and are not transferable.
- In order to return a product, the customer must first send an email, including the order number, the article and the reason for the return, to customer service at info@little-genius.ch. Similarly, if you receive an incomplete shipment of products, please contact us at info@little-genius.ch. If the customer does not contact customer service in good time, LITTLE GENIUS is entitled to refuse a return. In addition, the goods must be returned in a flawless, undamaged and original condition and in their original packaging at LITTLE GENIUS, Rennweg 15 CH-8001 Zurich, Switzerland, immediately and in any case within 14 days of the day on which the customer submitted the cancellation (otherwise the right of return expires). LITTLE GENIUS reserves the right to refuse repayment until the goods have been sent back or proof of the return has been provided. In the case of returns, the customer bears all costs caused by the return (delivery and return).
- Should one or more clauses of these terms and conditions be or become ineffective, void or unfulfillable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions.
- Swiss law applies. The place of jurisdiction is Zurich, Switzerland.