Terms and conditions of sale
The following General Terms and Conditions of Sale (these "T&C") govern the offer and sale of products on tandg.quicklysa.ch (the "Site"). Quickly Fulfillment House SA ("Quickly"), whose registered offices are located in Via Cantonale 19, 6900 Lugano, Switzerland, is the merchant of this website (the "Site") and operates it pursuant to contractual agreements with Toys And Games SA ("Toys And Games"). The products purchased on the Site are directly sold by Quickly.
Quickly and Toys And Games are not affiliates of one another and have no relationship with one another other than through these agreements. Nevertheless, Quickly and Toys And Games may be collectively referred to in these T&C as the "Company", "we" or "us".
If you need any assistance or additional information, go to the Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on the Site, as well as other general information on the Site. Remember that you can always contact us by e-mail at firstname.lastname@example.org.
Art. 1 - Field of application and validity
1.1 The conditions provided hereunder govern the sale and delivery of products from the Site to customers who visit the Site and / or place orders through Customer Care ("Customer/s"). The submittal of an order by the Customer implies the acceptance of these T&C. The Company may subsequently modify these conditions in the future by informing the Customer through the medium of a notice that will be published on the Site or by emailing Customer. We recommend that you periodically review these T&C.
1.2 The products purchased through the Site are sold directly by Quickly.
Art. 2 - Warnings
2.1 By accepting these T&C (by visiting the Site and/ or or placing an order), the Customer declares:
a) To have read, understood and fully and unreservedly accepted these T&C;
b) To be the end user and to have purchased the products offered on the Site for the sole purpose of personal use and not in order to resale the products in the context of commercial activities or businesses of any nature;
c) To authorize Quickly and Toys And Games to store, process and transfer to third parties that may have an interest therein, personal data contained in the order that was necessary for the execution of the latter;
d) To accept that the products he or she receives may not correspond exactly to the descriptions, specifications and photos contained in the Site.
Art. 3 - methods of payment, delivery and guarantees
3.1 The sale agreement between Quickly and the Customer is understood as finalized once a confirmation message of the order is sent to the e-mail address provided by the Customer.
3.2 In the event that a given product ordered by the Customer is no longer available, neither Quickly nor Toys And Games will have any obligation to provide such product, but will only be required to inform the Customer of such circumstance. In the event only a part of the goods mentioned in the order is available, Quickly will contact the Customer in order to ask if he/she intends to cancel the order or, instead, desires to receive only the products that are available; in this case the Customer will only be charged the amount due for the products that he/she receives.
3.3 The payment shall be made by the Customer upon confirmation of the shipment, and via payment methods specified in the relevant section of the Site.
3.4 The prices of the products are clearly specified in the Site, expressed in CHF. The final price is all included (e.g. VAT, other taxes). Shipment costs shall be added to the price of the product. Data regarding the price and availability indicated on the Site may be modified without prior notice. Although we try to ensure all our pricing displayed on the Site are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered, we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price, failing which it will be cancelled. Special offers may be withdrawn at anytime.
3.5 Shipment and delivery costs may vary depending on the country, and shall be charged to the Customer upon the shipment of the products that have been ordered on the basis of applicable shipment tariffs specified in the relevant section of the Site. For shipments outside of Switzerland, if available, possible extra costs and custom duties including applicable taxes shall be charged to the Customer.
3.6 Prices on the Site may differ from prices in Toys And Games stores. Additionally, special offers available on the Site may not be offered or may differ in store.
Art. 4 - Delivery of the products
4.1 Quickly shall deliver the purchased products to the address provided in the order. The delivery times specified on the Site are estimates that are based exclusively on availability, on standard processing of data and on delivery times as declared by carriers.
4.2 We endeavor to provide the availability of every product in the dedicated page for such product on the Site. Quickly may deliver the products that are requested in a single order through more shipments, and charge only the costs for the first shipment.
4.3 In the event Quickly is unable to deliver the products to address provided by Customer in the Order, the Customer will be asked to make direct contact in order to find an alternative way of proceeding.
Art. 5 - Faulty Goods and Statutory Rights
5.1 All products sold by Quickly are covered by a lack of conformity legal guarantee for a period of 24 months.
5.2 The Customer must examine the state of the consigned product, and, in the event of defects that render the latter unfit for use, notify Quickly immediately.
5.3 The right to reimbursement is subject to the following conditions, under penalty of forfeiture of the guarantee:
a) Before returning to Quickly any defective products, the Customer must request an authorization to return the products, by directly informing Quickly via email. Quickly will provide to recollect the product at its own expense.
b) The Customer must return the product in its original packaging, with all its parts (including packaging, all documentation and accessories) so to avoid damage.
c) Upon receipt of the product and verification of the alleged defects, Quickly will send the Customer an email of confirmation accepting the return.
d) In the event of Quickly being able to submit the same or a similar product (with reference to style and value), with the consent of the Customer, Quickly will provide the substitution by submitting a new product. Otherwise Quickly will initiate the reimbursement procedure in favor of the Customer of the amount paid for the defective product. The reimbursement of such amounts shall be always performed in favor of the Customer who made the payment and with the same payment methods chosen by the Customer, or wire transfer if necessary.
5.4 With the exception of the aforementioned guarantee, Quickly and Toys And Games exclude every and any liability (contractual or tort) regarding the Customer, within the limits of mandatory applicable regulations.
5.5 Quickly’s and Toys And Games’s maximum aggregate liability can under no circumstances exceed the amount paid by the Customer for purchasing the goods.
5.6 Neither Quickly nor Customer shall be liable for damage compensation deriving from any delays in the repairs or replacements of products under warranty.
Art. 6 - Secure payments
6.1 The following payment methods may be alternatively chosen: Visa, Mastercard, PayPal.
6.2 Credit card. Thanks to the technologies we implement, we can guarantee that payments via credit card on the secure server are protected. Please note that amounts are not charged until the goods are actually shipped.
6.3 PayPal. PayPal is a Site that, once registered, grants the possibility of opening a personal account for free (that will have to relate to a preexisting account, a checking account, a credit card, a prepaid card etc.), and make and receive payments on line. When a purchase is made on the Site using this method, a PayPal website page appears, and it is possible to access a personal account or initiate the procedure to create a new one. By choosing to pay via Paypal the amount is charged directly on the account upon which the personal account opened with PayPal is based. By opting for this payment method, the financial data will not be shared with Quickly but will be managed directly by PayPal. Neither Quickly nor Toys And Games is responsible for the content of external websites.
Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email.
Art. 7- Purchase
7.2 Password retrieval. In the event the password is forgotten or lost, click on on the log in icon, and then the "Forgot Your Password?" link. By entering your email (the same one indicated for the registration process), the system will send a link to a page where it will be possible to modify personal login details.
7.3 Cart. The button Add to Bag, which can be found next to every product, enables you to instantly select desired items to be added to your cart. By clicking on Edit Bag/ Checkout (in the cart area) it is possible to view or edit the list of products in your cart. In order to proceed with the payment, it is sufficient to click on Continue with Checkout. All carts are stored in memory and may be reviewed and modified during your shopping session until the order is finalized.
7.4 Order procedure. After having clicked on Continue with checkout, the email address and password will be requested for authentication. Once the above mentioned details have been entered, a new form containing further request of data will appear in order to make the payment and proceed with the shipment. By clicking on confirm, the order is finalized. In the event of future purchases, such details will already be available for Quickly and Toys And Games in order for the process to be easier and faster.
7.5 Security. Please note that Quickly guarantees a secure connection thanks to the system Secure Socket Layers (SSL) in order to encrypt potentially sensitive information. In this way, all data that is entered while making the order, both personal details and ones relating to the credit card, will be encrypted and rendered unreadable in the event of interception.
7.6 Receipt and Preparation of the order. When your order is placed with us at the end of the online checkout process, we will email you to acknowledge that we have received your order and details of the goods you have ordered and your order number. Please note that this does not mean that your order has been accepted or confirmed by us. We may send you an email or call you to say that we do not accept your order. This could be for any reason in our absolute discretion, including the following reasons: the goods are not available, we cannot obtain authorisation of your payment; or there has been an error by us on the pricing or description of the goods; or
7.7 Delivery. Delivery of the products will be made to the address provided by the Customer in the order. We will send you an email notifying you that your products have been dispatched. Once the ordered products have been packaged, Quickly shall deliver them with the most appropriate forwarder. If, during the process, an unexpected event should occur (delays, products out of stock etc.), the Customer shall immediately be informed via email about the status of the order. The items will typically be delivered within 5-7 working days. Customer must notify us regarding mistakes in the delivery via email within three (3) days from the delivery of the item. Any claim regarding products received in packages that have been opened or damaged will have to be directed to the forwarder. Quickly reserves the right to refuse, suspend or annul, upon its own discretion, the delivery or the execution of any of the obligations deriving from the order, in the event of fraud, non – execution or violation by Customer of its obligations to Quickly or the Company.
7.8 Shipment costs. Shipment costs vary according to the type of products that are purchased and are clearly described in the cart before the purchase.
Art. 8 - Governing Law and jurisdiction
8.1 These T&C are governed by Swiss law. If for any reason part of this terms and conditions may prove null and void, the effectiveness and validity of the remaining parts shall remain.
8.2 Any controversy may arise on the interpretation or the application of this Terms and Conditions shall be resolved before the Pretura di Lugano. We reserve the right to bring proceedings in courts of the country of residence of the Customer or any other country.
Art. 9 - Property of the site and its elements
9.1 You may access and use the Site for your personal, non-commercial use. In addition you may not, in relation to the Site, use any:
- data mining, robots, or similar data gathering and extraction tools;
- framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the Site;
- meta tags or any other "hidden text" which uses our name or trade marks;
9.2 We do not represent or warrant that the material contained in the Site, any of the functions of the Site and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Site is provided "as is". Accessing the Site is entirely at your own risk.
9.3 The Site and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with the Site, is our property or that of our suppliers and is protected by copyright, trade marks, database rights and other intellectual property rights.
9.4 The Site may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from the Site.
Art. 10 - Indemnity and Liability
10.1 We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to products following acceptance of orders placed on the Site, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the Site. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the Site (including without limitation, any such loss arising out of or in connection with any order placed on the Site or through our customer service representatives, whether or not accepted by us).
10.2 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these T&Cs by you or by any other person accessing the Site using your account and/or your personal information.
10.3 We may terminate your use of the Site immediately if we believe, in our reasonable opinion, that you have breached these T&Cs.
Right of Withdrawal
Quickly Fulfillment House SA ("Quickly"), whose registered offices are located in Via Cantonale 19, 6900 Lugano, Switzerland, is the merchant of this website (the "Site") and operates it pursuant to contractual agreements with Toys And Games SA ("Toys And Games").
Quickly and Toys And Games are not affiliates of one another and have no relationship with one another other than through these agreements. Nevertheless, Quickly and Toys And Games may be referred to collectively as the "Company", "we" or "us".
The Right of Withdrawal policy may be subject to periodical modifications. We recommend that you periodically review the policy when you access your account. Use of the Site implies your consent to the updated version of the Right of Withdrawal.
Art. 1 - Methods and procedures
Quickly grants a purchaser of goods through the Site ("Customer") the ability to cancel its order by exercising the right of withdrawal within 14 (or if a longer period is required under the law applicable to Customer, such longer period of time) days from the date of delivery of the goods. The Customer may exercise the right of withdrawal, within such deadline, by sending an email to email@example.com
Art. 2 - Products that are excluded from the right of withdrawal
The right of withdrawal is not permitted if:
- Purchased items have been used or damaged;
- Items that are not in their original and unused condition with all labels and tags attached;
- The items have not been returned in the original packaging.
- The items that have been customized using the dedicated functionality on the website
Art. 3 - Procedure for exercising the right of withdrawal
- The Customer must send an email within 14 days (or if a longer period is required under the law applicable to Customer, such longer period of time), as specified above.
- Upon receipt of the request for withdrawal, the Company shall authorize the return of the products to Quickly, Via Gaggiolo, 27, 6855, Stabio, Switzerland.
- Items are returned at the Customer's own risk. If the package is not returned, Company will ask the Customer for proof of delivery, consisting in the slip bearing the signature of the person who received the returned package. If the Customer does not provide proof of delivery, Company will not grant the reimbursement.
- Except as required under law, shipment costs are at Customer’s charge.
- After the products are returned, Company will check their condition. Customer will be liable for any diminished value of the products resulting from the handling other than what is necessary to ascertain the nature, the characteristics and the functioning of the goods.
- In the event that, having received delivery of the returned goods, the Company should find a reduction in the value of the products attributable to Customer, Company shall be entitled to offset the amount corresponding to the aforementioned reduction in value with the amount to be reimbursed to Customer as a result of the withdrawal; in such a case, Company shall notify the Customer within 14 days of having received the returned goods.
- As soon as it is ascertained that the required conditions for the return have been met, the reimbursement will be made within approximately 15 working days from the day the products are returned. The reimbursement method shall correspond to the method used to make the order. The reimbursement of the amounts paid by the Customer shall always be performed exclusively in favour of the Customer who made the payment.
THE RETURN PROCEDURE MUST BE SOLELY AUTHORIZED BY COMPANY AND NO RESTITUTION CLAIM SHALL BE INITIATED BY THE CUSTOMER.
In case the above-mentioned conditions are not observed, the Customer will not be entitled to any reimbursement for the amount paid to Company.
MORE FAVORABLE CONDITIONS OF WITHDRAWAL MAY APPLY PURSUANT TO SPECIFIC NATIONAL LEGISLATIONS ACCORDINGLY TO THE COUNTRY OF RESIDENCE OF THE CUSTOMER.