Terms of Sale and Delivery
These General Terms and Conditions of Sale and Delivery apply to the sale and delivery of products offered on this website to customers in Switzerland.
Please read all the terms and conditions of sale and delivery carefully before ordering a product on this website. When ordering one of our products, you automatically agree to the provisions described below.
At the end of the ordering process, please click on the button “I accept the General Terms and Conditions of Sale and Delivery and the conditions of data protection of HAPPINESS CLOUD”, if you accept these conditions of sale and delivery and the conditions relating to data protection. We would like to remind you that the refusal of these terms of sale and delivery and the conditions relating to data protection do not entitle you to order the articles offered on this website.
This website is operated by JPS Trading AG Rue des Fontenailles 16, c/o Fiduciaire Fidinter SA, 1001 Lausanne, SWITZERLAND; with secondary premises at Elisabethenstrasse 19, 4051 Basel, SWITZERLAND.
If you order an article on our website, you warrant that the following conditions are met:
- You are entitled to conclude legally binding contracts.
- You are at least 18 years old. • You are a natural person and you buy the products for non-commercial purposes.
The order of a product on this website is considered as an offer for the purchase of a product in accordance with these terms of sale and delivery.
After placing an order, you will receive conﬁrmation at your email address stating that we have received your order. We would like to inform you that this does not mean that your order has been accepted.
Orders are subject to the approval of HAPPINESS CLOUD after veriﬁcation of the payment of the deposit of your order: 50% of the amount of the order. Without payment of this deposit, the order shall have no executive value.
We conﬁrm the acceptance of your order by sending a conﬁrmation by email. This entails a legally binding contract between the two parties.
Price and Payment
The price of a product corresponds to the respective information indicated on the website, except in case of obvious errors. VAT (percentage currently in force) is included in the prices shown.
Delivery charges are included in the price.
We are not obliged to deliver a product to you at a wrong price (lower price), if the price error is obvious and you can easily detect that the indicated price is wrong, even if we have already sent a conﬁrmation of the order with the wrong price.
Payment can be made with the credit/debit cards described in the checkout process. We will indicate the amount to be paid in the conﬁrmation of the order. Payment must be made before delivery of the products. We charge 50% of the amount due on your bank account when the order is placed and the remaining 50% at the time of shipment. We are entitled to postpone the delivery of products until we have obtained full payment for the products ordered.
All credit card holders are subject to a validity check by the issuer of the card which must, in addition, allow the cardholder to use the card. All personal data of the credit card holder needed for checks can be exchanged with third parties. If the credit card issuer does not authorise the payment, the delay or non-delivery of the order cannot be charged to us.
We remain your only contact for any general question (eg regarding the goods, delivery, shipping, claims).
We will send you notiﬁcations throughout the entire delivery process.Delivery will normally be made within 6 weeks from the date of the order and payment of the 50% deposit, if nothing else has been explicitly agreed at the time of execution of this command. The delivery address is the one appearing on the order conﬁrmation. We deliver only within the borders of Switzerland.
Transfer of risks and ownership
The product becomes your property as soon as the payment of the total purchase price has completed in full or the product has been delivered, depending on whichever comes ﬁrst. We are entitled to require the return of the products at any time before the transfer of ownership, if you violate these terms of sale and delivery.
The transfer of risks takes place with delivery to the indicated address. Within the meaning of this provision, risks relate to liability for damage to the product or damage caused by its use, handling or storage.
HAPPINESS CLOUD is liable for damages and interest relating to the guarantee or other legal bases – in particular, the rights relating to unlawful acts, faults related to the organisation, mistakes made at the conclusion of the contract or rights relating to other misconduct resulting from a breach of an obligation – only if it is proven that HAPPINESS CLOUD or its auxiliaries have committed a criminal intent or gross negligence or that the damage is related to the right of liability produced. Exclusion of liability for simple negligence is not valid for damage to life, injury or health; the same is true of the fraudulent concealment of defects.
In the aforementioned cases, HAPPINESS CLOUD also assumes responsibility for acts of minor negligence committed by its legal representatives or auxiliaries.
Transfer of rights and charges. The contract between you and us is considered binding on you and us, as well as on our respective assigns. You may not transfer, assign, encumber or otherwise dispose of the delivery right of the goods ordered and deﬁned in this agreement without obtaining our prior written consent.
Saving clause. If certain provisions of these conditions of sale were partly or totally ineffective, the effectiveness of the other provisions remains valid.
Electronic communication. By browsing our website, you agree that the communication - in accordance with the legislation in force - is carried out electronically. We will contact you via your email address or by post to the address you have sent us. Contact address for HAPPINESS CLOUD. To contact our company, send us a mail to: HAPPINESS CLOUD JPS Trading AG, Elisabethenstrasse 19, 4051 Basel; or an email to: firstname.lastname@example.org
Applicable judicial right
In so far as it is legally permissible, Lausanne is the exclusive place of jurisdiction for all disputes relating to these terms of sale and delivery. HAPPINESS CLOUD is also authorized to bring legal action to the competent jurisdiction of the customer’s address. These terms of sale and delivery are subject to Swiss law, excluding conﬂict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.