Terms of Use

General terms and conditions of business
Last updated: May 16, 2025

preamble
These Terms and Conditions ("Terms") constitute a legally binding agreement governing the use of the online sales platforms operated by Schweiz Trend Shop, a planned company incorporated under the laws of Switzerland ("we," "us," or "our"), accessible at https://schweiztrendshop.ch (for the Swiss market) and https://surprey.com (for the European Union market), collectively referred to as the "Shops." The Shops are hosted on the Shopify platform and enable the sale of gifts, toys, and games. By accessing, browsing, or purchasing through the Shops, you ("you," "Customer," or "Data Subject") expressly agree to be bound by these Terms and Conditions. These comply with the Swiss Code of Obligations (CO), the Federal Data Protection Act (DSG), the General Data Protection Regulation (Regulation (EU) 2016/679, GDPR), Directive 2011/83/EU (Consumer Rights Directive), Directive 2000/31/EC (E-Commerce Directive), and other applicable Swiss and EU regulations. If you do not agree to these Terms and Conditions, use of the shops is prohibited.

Article 1: Scope
1.1 General scope
These Terms and Conditions apply to all interactions with the Stores, including browsing, account creation, ordering, and purchasing goods. They constitute a contract between you and us, enforceable under Swiss and EU law.

1.2 User categories
These terms and conditions apply to:

  • Consumer : Natural persons acting for purposes which are outside their commercial, trade or professional activity.

  • Business customers : Legal or natural persons acting for commercial purposes.

1.3 Changes to the Terms and Conditions
We reserve the right to adapt these Terms and Conditions to reflect legal or operational changes. Changes will be announced via email or a notice on the shop and will take effect upon publication. Continued use shall constitute consent in accordance with Art. 2 of the Swiss Code of Obligations.

Article 2: Terms of Use
2.1 Admission criteria
Access to the shops is restricted to persons 16 years of age and older who have legal capacity (Art. 12 OR and Art. 8 GDPR). By using the shops, you confirm that you meet these requirements.

2.2 Account creation and security
Registration requires the provision of correct and current data. You agree to

  • to treat your access data confidentially,

  • to inform us immediately in case of unauthorized access at support@schweiztrendshop.ch ,

  • to be responsible for all activities under your account unless we are at fault.

2.3 Prohibited behavior
In particular, you undertake to

  • not to carry out any unlawful acts or acts that violate these Terms and Conditions,

  • not to make fraudulent payments,

  • not to circumvent security mechanisms, introduce malware or disrupt operations,

  • Not to reproduce the contents of the shops without permission,

  • Not to misrepresent your identity or affiliations.

Article 3: Conclusion of contract and ordering process
3.1 Offer and acceptance
Product presentations do not constitute binding offers (Art. 4 of the Swiss Code of Obligations). Your order constitutes an offer that is accepted by sending an order confirmation via email (Art. 201 of the Swiss Code of Obligations, Art. 2 para. 7 of Directive 2000/31/EC).

3.2 Prices and taxes
Prices are quoted in CHF (for Schweiztrendshop.ch) or EUR (for Surprey.com), including statutory VAT. Additional costs will be indicated during the ordering process. The VAT Act and the EU VAT Directive (Directive 2006/112/EC) apply.

3.3 Obligation to pay
Payments are made via the secure Shopify interface. By placing an order, you authorize us to charge the total amount, including taxes and shipping.

3.4 Price errors and cancellation
We reserve the right to correct obvious pricing errors and refuse orders in the following cases:

  • bearing failure,

  • failed payment,

  • Suspicion of fraud.
    In case of cancellation, the full amount will be refunded.

Article 4: Delivery and transfer of risk
4.1 Shipping conditions
We ship within Switzerland (Schweiztrendshop.ch) and to the EU (Surprey.com). For Schweiztrendshop.ch, we offer economy shipping (CHF 4), standard shipping (CHF 7.95), and free shipping for orders over CHF 75. Similar EUR rates apply to Surprey.com. Delivery times are subject to change.

4.2 Transfer of risk
The danger passes with:

  • Delivery to the specified address, or

  • Notification of unsuccessful service (Art. 74 CO, Art. 20 Directive 2011/83/EU).

4.3 Inspection upon receipt
You are obliged to inspect the goods upon receipt and report any defects by email within 7 days (Art. 201 OR).

Article 5: Right of withdrawal for consumers
5.1 Cancellation period
Consumers in Switzerland and the EU have a 14-day right of withdrawal from the date of receipt of the goods (Art. 229 OR, Art. 9 Directive 2011/83/EU).

5.2 Exercising the right of withdrawal
Revocations must be sent within the deadline to:

5.3 Refund
After receipt and inspection, a refund, including standard shipping costs, will be issued within 14 days to the original payment method. You will be responsible for return shipping costs unless the goods are defective.

5.4 Exclusions
There is no right of withdrawal in the following cases:

  • Custom-made or personalized goods,

  • Unsealed hygienic or sealed goods,

  • Digital content without a data carrier after the start of use (Article 16 of Directive 2011/83/EU).

Article 6: Warranty
6.1 Legal warranty
Two-year statutory warranty on defect-free and contractually compliant goods (Art. 197 of the Swiss Code of Obligations, Art. 5 of Directive 1999/44/EC). In the event of defects, you are entitled to:

  • Repair or replacement (at our discretion),

  • Price reduction or withdrawal if disproportionate.

6.2 Notification of defects
Defects must be reported within 7 days of discovery (Art. 201 OR).

6.3 Exclusion of implied warranties
To the extent permitted by law, no other warranties, express or implied, apply.

Article 7: Limitation of Liability
7.1 General liability
Our liability is limited to the order value; indirect or consequential damages are excluded, unless in cases of gross negligence or intent (Art. 100 OR).

7.2 Product use
No liability for improper use or disregard of instructions.

7.3 Third-party service providers
Liability for third parties (shipping service providers, payment providers) is limited to the extent permitted by law.

Article 8: Copyright
8.1 Ownership and License
All content is owned by us or licensed and protected by copyright (Copyright Directive 2001/29/EC).

8.2 Grant of License
You are granted a revocable, non-transferable right of use for personal, non-commercial use.

8.3 User Content
By submitting content (e.g. reviews), you grant us a permanent, worldwide, free right of use.

Article 9: Data protection
9.1 Privacy Policy
Data processing is governed by our privacy policy:
https://schweiztrendshop.ch/privacy-policy
https://surprey.com/privacy-policy

9.2 Data security
We implement appropriate technical and organizational measures to protect personal data (DSG, GDPR).

Article 10: Force majeure
10.1 Disclaimer
No liability in the event of force majeure (Art. 119 OR, Art. 23 RL 2011/83/EU).

10.2 Notification
We will inform you about such events and endeavor to limit the damage.

Article 11: Applicable law and jurisdiction
11.1 Law
Swiss law applies. For EU consumers, mandatory provisions of the country of residence remain unaffected (Article 6 of Regulation (EC) No. 593/2008 – Rome I).

11.2 Place of jurisdiction
The court in Wald-ZH, Switzerland, has jurisdiction. EU consumers can also sue in their own country of residence (Regulation (EU) No. 1215/2012 – Brussels Ia).

Article 12: Dispute settlement
12.1 Amicable solution
Please contact us before filing a complaint: support@schweiztrendshop.ch

12.2 EU Online Dispute Resolution
EU consumers can turn to the European Commission's platform: https://ec.europa.eu/odr

12.3 Swiss Mediation
Swiss consumers can contact the FDPIC or regional consumer organizations.

Article 13: Other provisions
13.1 Severability clause
Invalid clauses do not affect the remaining provisions (Art. 20 OR).

13.2 Overall Agreement
These Terms and Conditions and the Privacy and Cookie Policy constitute the entire agreement.

13.3 No waiver
Failure to assert rights shall not be deemed a waiver.

13.4 Assignment
You may not transfer rights/obligations. We may do so in the event of a business succession.

13.5 Language
These Terms and Conditions are written in English. We can provide translations into German, French, or Italian upon request. In the event of any discrepancies, the English version shall prevail.

Article 14: Contact and Legal Notice
14.1 Responsible provider
Switzerland Trend Shop
Ulmenstrasse 7, 8636 Wald-ZH, Switzerland
Email: support@schweiztrendshop.ch
 support@surprey.com
VAT No.: [To be provided later]
Commercial Register: [To be submitted later]

14.2 Inquiries and Complaints
Please direct all inquiries to the contact details above. We will endeavor to respond within 7 business days.