Terms and conditions of use
1. Scope of GTC
The general terms and conditions (hereinafter “GTC”) apply to all legal transactions with Finfin AG (hereinafter individually referred to as “I’M A GIRLY” or “the Seller”) and/or all transactions through the online shop (www.imagirl.com) or via email. The Seller reserves the right to change these GTC at any time. The GTC at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognized. Products are available as long as they can be found in the online shop and/or while stocks last.
2. Products and prices
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding. All indicated prices in Swiss Francs in the online shop, include value added tax (VAT), but for all other currencies (e.g. GBP or EUR) the prices exclude VAT. Recycling contribution for packagings are included in the price (gift wrapped package is excluded). Delivery costs will be added additionally, depending on the shipping method chosen. The Seller reserves the right to change the offered services and prices at any time. The prices stated in the online shop at the time of order placement apply.
Warning - Not suitable for children under 3 years. The product may contain small parts that can be swallowed.
3. Availability and delivery
I’M A GIRLY is committed to provide comprehensive and precise information on availabilities and delivery times in the online shop. However, production and delivery shortages may cause delivery delays. Therefore, all information on availability and delivery are subject to change. Depending on the country of purchase we offer different products, so it is possible that certain products are not available for your country.
4. Conclusion of contract
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer and confirmed by us via e-mail (hereinafter referred to as “contract”). Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer.
5. Delivery date
If delivery by I’M A GIRLY is delayed, we will inform the customers as soon as possible. Customers are entitled to withdraw from the contract (except for special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, I’M A GIRLY will refund the customer any amount paid in advance. No further claims towards I’M A GIRLY apply.
All deliveries will be carried out via postal service. In-store collection is not possible. The goods will be delivered all in once and not partially. I’M A GIRLY will inform the costumer immediately if any delays will occur.
7. Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity. The customer shall inform I’M A GIRLY of any damaged, wrong or uncomplete deliveries immediately within 14 calendar days. Any return or repair request shall be sent through the contact form. In such a case, the customer must retain the product in the original packaging and must follow the instructions received within the email reply. All return costs, such as shipping costs, etc. are borne by I'M A GIRLY.
I’M A GIRLY warrants for two-years, from delivery date, that the ordered product will be free from defects and fully functional. I’M A GIRLY explicitly excludes warranties for wearing parts. Otherwise, liability exclusion pursuant to point 9 applies. Damages through e.g. coloring, removed hairs and body parts or any other self-inflicted damages are explicitly excluded.
9. Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall I’M A GIRLY be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealized savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of I’M A GIRLY, be this contractual or non-contractual. Moreover, I’M A GIRLY is not liable for damage resulting from the following causes:
i. Storage, setting or use of products that is improper, unlawful or contrary to contract;
ii. Use of incompatible spare parts or accessories;
iii. Failure to maintain and/or improper modification or repair of the products by our clients or a third party;
iv. Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by I’M A GIRLY or official orders.
10. Payment/Payment methods
All payment requests for products and services purchased through the I’M A GIRLY online store, I’M A GIRLY shall submit any claim directly to the customers. Payments must be made in the listed currency. Customers are also subject to the legal requirements of the selected payment methods and bear the incurred fees themselves.
11. Gift cards
Clients have the possibility to pay their orders via an I’M A GIRLY gift card. These can only be used for the purchase of I'M A GIRLY products in our online shop. To do so, the password of the gift card needs to be entered to the respective field in the ordering mask. The amount of the gift card is specified. The vouchers are issued exclusively in the currency listed and are freely transferable. For each transaction, various gift cards can be used and added. If the credit balance of a gift voucher is insufficient for the order, the difference can be compensated with the offered payment options. Gift Certificates can only be redeemed before completing the order process. I’M A GIRLY considers gift cards as cash equivalent, therefore I’M A GIRLY doesn’t take any responsibilities for redeemed gift cards. Remaining balances of gift cards cannot be settled in cash.
12. Reservation of ownership
All ordered products remain the property of I’M A GIRLY until payment is received in full.
13. Order change or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders from customers can be considered by I’M A GIRLY after receiving a message using the following email address: firstname.lastname@example.org In the event of (partial) inability to deliver (condition leading to termination) after the order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
14. Returning products free of defects
After examining the case, I’M A GIRLY grants the right to return ordered products within a maximum of 14 calendar days after receipt. In such an event, the client needs to register the return order via the contact form. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer respectively. Should customers exercise their right of return, I’M A GIRLY shall refund the total purchase price. Shipment costs for the return of the products shall be at the expense of the customer. If the client used a gift voucher with the purchase, I’M A GIRLY will debit the appropriate amount on the respective gift voucher account.
15. Online shop
The content of the online shop has been developed with a commitment to provide comprehensive and precise information. Nonetheless, at no event shall I’M A GIRLY be liable or guarantee the correctness of the displayed items. All content of the online shop, particularly images or any sort of information, are reserved by I’M A GIRLY. All reproduction, distribution or other use is prohibited except with written permission from I’M A GIRLY.
16. Further Provision
I. Non-allocatable returns: Returns that cannot be allocated or returned to a customer are retained for 6 months before being disposed of.
II. Data Privacy protection: The privacy statement is an integral part of these GTC. By accepting these GTC, the customers also agree to the privacy statement.
III. Partial invalidity: Should individual terms of these GTC’s be invalid or void, the validity of the other provisions of these GTC’s shall not be affected.
IV. I. Place of jurisdiction and applicable laws: All legal relations between I’M A GIRLY and their customers are subject to Swiss laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
V. I. Copyright notice: All rights to these GTC, particularly copyrights, are reserved by I’M A GIRLY. All reproduction, distribution or other use is prohibited except with written permission from I’M A GIRLY. In the event of breach of this requirement, I’M A GIRLY reserves the right to take legal action.
Zurich, November 2017