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  • GTC and Data Protection Provisions of Bubble Box Ltd

    Valid from 1 December 2016

    1. General
      1. These General Terms and Conditions and Data Protection Provisions (hereinafter referred to as the “GTC”) are binding and govern the legal relationships between Bubble Box Ltd (hereinafter referred to as “Bubble Box”) and its clients (hereinafter referred to as “Customers”). On placing an order, the currently applicable version of these GTC is deemed to have been accepted. Any deviating terms and conditions shall only be valid if they have been explicitly agreed upon in writing by Bubble Box and its Customers.
      2. The GTC can be modified or adapted at any time by Bubble Box and become effective as of the respective date of publication.
      3. Should any of the provisions of these GTC prove to be invalid either in part or in full, Bubble Box will replace the provision in question with another provision which comes as close as possible to the legal and economic intention of the invalid provision.
    2. Effective Date of the Contract
      1. All offers made by Bubble Box are non-binding. Upon acceptance of these GTC and by placing an order (hereinafter referred to as the “Order”), the Customer submits a binding offer for the conclusion of a contract. The contract between the Customer and Bubble Box is concluded upon the unconditional confirmation by Bubble Box of the Order placed by the Customer.
      2. Orders are confirmed in electronic, written or verbal form, including confirmation of the collection and/or delivery date.
      3. Bubble Box is entitled to refuse Orders without having to give a reason, by non-confirmation.
      4. Orders placed by the Customer can be modified or cancelled until 6 p.m. at the latest on the day before the confirmed collection date.
    3. Registration and Change of Address
      1. The Customer registers once via the Bubble Box website. Registration is free of charge.
      2. The Customer undertakes to enter his details correctly when registering, and to update them immediately if they should change. By placing an Order, the Customer confirms the accuracy of the data provided.
      3. Written and/or electronic notifications and deliveries from Bubble Box are deemed to have been validly given or successfully delivered if they have been sent to the last known (correspondence) address (e-mail and/or postal address) provided by the Customer.
      4. The Customer agrees that the Swiss Postal Service may inform Bubble Box of his correct address if a consignment cannot be delivered to the address indicated.
    4. Performance, Services and Prices
      1. Bubble Box undertakes to clean and care for items to be cleaned in a professional, careful and environmentally friendly manner that is gentle on materials. There is no guarantee of success. All Orders are carried out by Bubble Box or a partner company.
      2. For specific items such as fragile or expensive items and/or items made of a material requiring intensive treatment etc., Bubble Box may apply surcharges in addition to the prices given on the price list.
      3. Bubble Box provides reusable laundry bags for the collection and return of items free of charge. The “Dry Cleaning” bag is intended only for shirts and blouses or items of clothing that need to be dry-cleaned. Clothing is returned on coat hangers after cleaning. The “Wash & Fold” bag is intended for all items of clothing that can be washed in a washing machine. The washed laundry will be folded before being returned to the Customer.
      4. Bubble Box counts or weighs the items provided for cleaning on behalf of the Customer. Processing, delivery, return and invoicing are dependent on the number of items counted or the quantities weighed.
      5. The total price is calculated on the basis of the applicable Bubble Box price list, following the deduction of any credit notes (e.g. coupons or vouchers). Bubble Box is entitled to charge a minimum order value as published on the Bubble Box website.
      6. Invoices for major customers shall be issued by individual arrangement.
      7. All prices are given in Swiss francs including VAT, unless otherwise specified.
    5. Collection, Processing and Delivery
      1. Items for cleaning are collected and delivered by Bubble Box or by a partner company at the location agreed upon with the Customer. The Customer can choose to have items collected and delivered either at the address indicated in accordance with section 3, or at a drop-off point provided by Bubble Box. The possible delivery areas, drop-off points, and collection and delivery times are published on the Bubble Box website.
      2. If a cleaning order cannot be executed, the items will be returned in their existing condition.
      3. Bubble Box endeavours to adhere to the confirmed collection and delivery times. If it is not possible for Bubble Box to honour these times, Bubble Box will arrange a new collection or delivery time with the Customer. Bubble Box is not obliged to make alternative arrangements for collection or delivery.
      4. If Bubble Box fails to observe a collection or delivery deadline, the Customer is not entitled to cancel the contract nor to claim compensation.
      5. If the items cannot be handed over in person during the agreed delivery slot, it will only be left at the Customer’s front door if this has been explicitly mentioned in writing in the Order. Upon delivery of the items to the Customer respectively to the delivery address indicated in the Order, all benefits and risks, and in particular the risk of theft, damage by third parties or environmental influences, are transferred to the Customer.
      6. The Order is deemed to have been executed in full upon attempted delivery to the address indicated by the Customer in the Order.
      7. If the address provided by the Customer on registration (see section 3) for collection or delivery is not accessible or not (or no longer) correct, or if the address for the requested collection or delivery cannot be accessed in the absence of the Customer in accordance with the agreement with Bubble Box (e.g. because the Customer is absent), a “No-show fee” may be charged as published on the Bubble Box website for each unsuccessful collection or delivery attempt.
      8. Items that cannot be delivered will be taken away again by Bubble Box. After an unsuccessful delivery attempt, Bubble Box is under no obligation to store or supervise the Customer’s items.
      9. If the Customer does not have his items delivered or fails to claim items within three months of the original delivery date, Bubble Box shall be free to dispose of them.
    6. Payment Terms
      1. The total price is due for payment upon delivery of the items. The Customer explicitly authorises and entitles Bubble Box to debit the credit card specified as a means of payment on registration with the total price upon delivery of the items to the Customer. Following successful payment, Bubble Box will send the Customer an invoice including confirmation of payment (electronically).
    7. Complaints and Responsibility 1.Complaints must be submitted at the latest within 7 working days, failing which items are regarded as free from defects and accepted. Complaints will be carefully examined and answered. The procedure to be followed (appropriate aftercare, transmission to the joint claims investigation office for expert appraisal and arbitration, etc.) will be agreed upon in consultation with the Customer if at all possible.
      1. Any compensation for damaged or lost articles is calculated according to the fair value table which indicates the depreciation in value of textile items. There shall be no compensation in kind.
      2. Any liability of Bubble Box, its auxiliary staff or any other agents, on whatever legal basis, is excluded as far as legally admissible.
      3. This means in particular:
        • In order for liability to apply, items must be resistant to treatment in accordance with the procedure recommended on the textile care label. If there is no textile care label, Bubble Box shall rely on its expertise and on the intended usage of the article; liability is explicitly excluded if no textile care label is present.
        • Despite a prior professional, simple inspection, Bubble Box accepts no liability for damage caused by the non-recognisable composition of material or due to hidden defects, such as insufficient resistance of fabric or seams, inadequate fastness of dyes and prints, effects on buttons, buckles, zips, armpit pads, appliqués, decorations, ribbons, etc. or as a result of an incorrect textile care label. Liability is excluded for changes to the dimensions or colour tones of fabric and knitted items within the standard tolerance range.
        • The need for special treatment must be obvious; particularly in the event of ascertainable sensitive characteristics or stains requiring special treatment. The care symbols and/or care instructions on the textile care label are authoritative for Bubble Box.
      4. Bubble Box is entitled to express reservations about the execution of the cleaning order upon collection and inspection of the items to be cleaned (i.e. further exclusion of warranty), or to refuse to carry out an Order (e.g. in case of existence of prior defects, if dry cleaning is not permitted according to the cleaning symbol, or if the material composition is unsuitable).
    8. Data Protection and Electronic Communication
      1. Bubble Box uses the data provided by the Customer during registration and in connection with his Order (name, address, telephone number, e-mail address, etc.) for contract execution or for its own advertising purposes only.
      2. Customer data is only disclosed to third parties if so required for executing the contract or for invoicing (e.g. to shipping companies, banks or for payment collection). No customer data is disclosed for the purpose of advertising by third parties.
      3. The Customer can refuse the use of his data for Bubble Box’s own advertising purposes at any time by sending an e-mail to Bubble Box. The Customer can also request information about his data at any time, and ask for his data to be corrected if necessary.
      4. Bubble Box cannot guarantee error-free electronic data transfer or website availability at all times. In principle, no liability can be accepted for the security of data transmitted over the Internet. Data is usually transferred via SSL encryption. Bubble Box cannot be held responsible for interruptions to data transfer, website operation and availability, or for any technical or electronic problems that may occur during the Order process or that may affect the acceptance and confirmation of Orders.
      5. Additional data protection provisions can be found regarding the Bubble Box website:
        • Information about the surfing behaviour of users is collected by means of cookies on this website by Google Analytics and transferred to servers in Switzerland or abroad and possibly passed on to third parties. This information is used to carry out an anonymous analysis of the use of the website, to compile reports on website activities and to provide further services associated with website and Internet use. The user can refuse the installation of cookies by adjusting his browser software settings accordingly. If he does not accept cookies, however, he will be unable to use the website in full. Further information on Google Analytics can be found at http://www.google.com/analytics.
        • Social plug-ins for the Facebook network are used on this website. When the user consults websites that contain a social plug-in, his browser establishes a direct connection to the Facebook servers. Due to the incorporation of plug-ins, Facebook is informed that the user has visited the corresponding websites. If the user is logged in to Facebook, Facebook can match the visit directly to the Facebook account of the user. If the user interacts with the plug-ins, for instance by using the “Like” button, the relevant information will be transmitted directly to Facebook by his browser and saved there. If the user does not want Facebook to collect data about his visit to this website, he must log out of Facebook before visiting the website. More information about social plug-ins can be found at http://www.facebook.com/policy.php.
        • This website uses social plug-ins from the xing.com (“Xing”) social network which is operated by XING AG, Gänsemarkt 43, 20354 Hamburg. When you consult this website, your browser establishes a direct connection to the Xing servers. The contents of the plug-in will be transferred directly from Xing to your browser and incorporated into the website. Due to the incorporation of plug-ins, Xing is informed that you have consulted the corresponding pages of our website. None of your personal data is saved when you consult this website. In particular, no IP addresses are saved by XING. Nor will your user behaviour be evaluated. If you are logged in to Xing, Xing can match the visit to your Xing account. Details regarding the purpose and scope of data collection and further processing and use of your data by Xing, as well as your rights in this respect and information on how to modify your settings to protect your privacy, can be found in the Xing data protection notice at https://www.xing.com/privacy.
        • Our website uses social plug-ins from the Instagram.com (“Instagram”) service. These functions are provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged in to your Instagram account, you can link the contents of our pages with your Instagram profile by clicking on the Instagram button. As a result, Instagram can match your visit to our site with your user account. We wish to point out that as the provider of the pages, we have no knowledge of the contents of the data transferred or of the use made of it by Instagram. More information can be found in the Instagram data protection policy: http://instagram.com/about/legal/privacy/.
        • Our Internet site uses social plug-ins from the linkedin.com (“LinkedIn”) social network, which is operated by the LinkedIn Corporation, 29 Stierlin Court, Mountain View, CA 94043, USA. When you consult this website, your browser establishes a direct connection to the LinkedIn servers. The contents of the plug-in will be transferred directly from LinkedIn to your browser and incorporated into the website. Due to the incorporation of plug-ins, LinkedIn is informed that you have consulted the corresponding pages of our website. If you are logged in to LinkedIn, LinkedIn can match the visit to your LinkedIn account. Details regarding the purpose and scope of data collection and further processing and use of your data by LinkedIn, as well as your rights in this respect and information on how to modify your settings to protect your privacy, can be found in the LinkedIn data protection notice at http://de.linkedin.com/legal/privacy-policy.
        • By using this website, the user declares that he consents to the use of the data collected about him in the way and for the purpose described above.
    9. Applicable Law and Jurisdiction
      1. All the legal relationships between the parties shall be exclusively governed by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Convention).
      2. If no agreement can be reached, the case will be transferred to the joint claims investigation office of the consumer protection organisations and the textile associations “Verband Textilpflege Schweiz” (VTS) and “Verband der Textilhändler” (Swiss Fashion Stores) for expert appraisal and arbitration. The judgement of the claims investigation office is binding for the parties.
      3. The sole place of jurisdiction for all legal proceedings is Zurich, provided that no other jurisdiction is stipulated by law.
    10. Contact address

      Bubble Box AG
      Widenholzstrasse 6
      8304 Wallisellen
      +41 444 555 455