Terms of Service

These general terms and conditions (GTC), in the current version at the time of the order, apply to all deliveries of goods and services from the provider Loopi (a company of Loopi AG, 6052 Hergiswil NW) (hereinafter " Loopi"). The order is placed by the customer (hereinafter “customer”) via the online shop www.loopi.ch and in writing (including but not limited to email, website contact form or post). With their order, the customer expressly declares their agreement to these General Terms and Conditions. Deviating agreements must be in writing to be effective. This offer is valid while stocks last. Conditions set by customers that contradict these terms and conditions are invalid.

In the interest of better legibility, only the female form is used, but male and female customers are meant equally.

The subscription contract is concluded between

Loopi AGPilatusstrasse 28

6052 Hergiswil NW

and the customer.

The subject of the contract is Loopi's product service system and the associated delivery of products such as strollers, stroller accessories and travel cots for use (right of use) to the customer (the "Loopi Services") .

Loopi offers various Bugaboo products (pushchair models, strollers

accessories and travel cot) in a subscription (subscription) service. The desired products are ordered by the customer via the online shop www.loopi.ch selected and delivered to the customer at the agreed time. The customer receives a contractual right to use the leased products for the contractually agreed period of time. The products can only be leased for personal use. The products may not be resold. The customer cannot buy the products after the contract has expired. At the end of the subscription contract, the products must be returned to Loopi completely and properly. The products remain at all times the sole property of the manufacturer, Bugaboo International B.V. (according to section 13).

The Loopi services are subject to a monthly subscription fee, which must be paid by the customer (according to section 7.2).

The information in the online shop does not constitute a legally binding offer, but a non-binding request to the customer to place a binding order (application for the conclusion of a contract) (invitatio ad offerendum). The order of a customer represents an application with which the intention to conclude a contract is declared binding. This request is accepted by Loopi via placing an order in the online shop or in any other written form (including but not limited to email, website contact form or post). Loopi can also reject an application without giving reasons. Correspondence is in German or English.

Ordering services via the online shop requires payment and deposit information. The customer assures that the information she has provided is true and complete. If personal data changes, it is the customer's responsibility to update the changed data in their user account. All changes can be made online after initial registration. Loopi stores the data entered in the customer database in compliance with data protection regulations. The data is used to process orders and for invoicing.

5.1 Subscription duration term

Contracts are concluded for a minimum term of 6 months and are then continuously extended by one month until they are properly terminated. The minimum term starts on the delivery date requested by the customer.

5.2 Termination

The contractual relationship can be terminated by either party subject to fourteen ( 14) days to the end of a subscription month (depending on the date of delivery of the product), for the first time at the end of the minimum term of 6 months. We reserve the right to terminate the contract prematurely in accordance with Section 14. Returning the product before the last day of a subscription month does not result in premature termination of the contract and therefore does not lead to a pro rata calculation of the last subscription month.

The cancellation has over the self-service center of the website. Alternatively, the cancellation can be initiated in writing by e-mail or by telephone via Loopi's customer service.

The subscription period ends after the customer has canceled the relevant subscription in due time and provided that the products contained in the subscription are within the contract duration has returned.

If the customer purchases several services and/or products from Loopi, it must be specified exactly which services are being cancelled. If the customer terminates a service and/or the contract, she is not entitled to a fee refund.

6.1 Prices

The subscription prices are set by Loopi and published on the website (www.loopi.ch). The fixed subscription price at the time of the order applies to the subscription contract.

Loopi reserves the right to adjust the prices and will communicate this to the customer by email. The agreed conditions apply for the contractual minimum term or until the next possible termination date.

1. The use of the respective product(s)

2. All services, maintenance work and repairs that are not caused by non-contractual use by the customer.

6.2 Shipping

In the event that a contract is concluded the products will be sent to the customer according to the information in the online shop after configuration by the customer and will be available for use (right of use) for the contractually agreed duration of the contractual relationship. Loopi will endeavor to deliver the products on the delivery date requested by the customer. The delivery area is limited to Switzerland.

6.3 Packaging

Loopi assumes the packaging costs when the goods are shipped. For returns, the customer must use the same cardboard box that was used for delivery (see Section 11 “Returns”).

7.1 Payment options

Loopi offers the option of paying by credit card (Visa, Master) or TWINT (coming soon). Loopi can make the provision of the services dependent on credit limits, advance payments or security deposits.

7.2 Payment frequency

Contracts are concluded for the minimum contract period of 6 months selected by the customer when placing the order and are then continuously extended by one month at a time .Loopi invoices the subscription costs for the products on a monthly basis. The first monthly installment is due upon subscription. Loopi also charges a one-time setup fee when you take out a stroller subscription.

No refunds can be claimed.

7.3 Terms of payment

Should the customer object to the debiting of the specified credit card or TWINT (coming soon), the customer must do so within 30 days do so in writing after the relevant use. Otherwise the debit is considered accepted. Undisputed counterclaims can be offset. If the customer defaults on payment, Loopi can interrupt the services without notice and/or dissolve the contract with immediate effect and immediately reclaim the products to which the customer has subscribed. Loopi can commission third parties to collect outstanding payments or sell claims to third parties at home and abroad. Furthermore, the customer is obliged to reimburse all costs incurred by Loopi or third parties who collect the debts as a result of the default in payment.

The additional remuneration owed for Loopi's operating costs includes:

< p>1. Address search CHF 25

2. Reminder CHF 30

3. Operation CHF 50+ effective external costs of operation

4. Retrieval of the products in the event of breach of contract: Retrievals based on the actual costs of the return, but at least CHF 200

5. Independent expert in case of disagreement CHF 800

8.1 Condition of Products

Loopi offers products that are both new and pre-loved. All products are new.

8.2 Quality control and defects

All products available in the online shop are carefully tested, serviced, repaired and professionally cleaned before shipment. All products are new and are thoroughly checked for quality. The customer agrees to carry out a quality control immediately after receipt of the goods and to report any defects to Loopi by email (abo@loopi.ch) up to a maximum of 72 hours after receipt of the order. If the customer does not respond to Loopi by the end of the set period, the delivered goods are assumed to be free of defects.

If the customer claims that damage or defects already existed at the time passed the acceptance of the product, the customer bears the burden of proof.

9.1 Use and care

The customer agrees to use the subscribed products carefully and according to the operation published by the manufacturer (Bugaboo). - to use, treat, care for and maintain the instructions and care.

9.2 Warranty

If the customer does not follow the operating and care instructions, any warranty is void. This also applies if the defect and/or defects are due to improper use, storage and handling of the products by the customer. Insignificant deviations from the guaranteed properties of the products do not trigger any warranty rights. Liability for normal wear and tear is excluded. Warranty claims against Loopi are only available to the direct customer and are not transferrable.

9.3 Improper handling and non-compliance with the instructions

Loopi reserves the right to to charge for the monetary value of the products returned, should there be defects in the products due to non-compliance with the operating and care instructions by the customer and if the subscribed products do not have pre-existing defects or defects that have been reported in good time (section 8.2 "Quality control and defects" ) having. Normal wear and tear of the products is excluded..

10.1 Cases of damage, theft and loss

The customer is obliged to report any damage or loss to Loopi immediately (abo@loopi.ch). The customer is liable for all damage caused to the product and its accessories during the subscription period from falls, vandalism, natural hazards, manipulation, effects from transport and its improper or inappropriate use. The costs for damage and loss of material caused by improper use will be charged to the customer by Loopi. If the customer hands over the products to third parties, they are generally liable for damage and consequential damage caused to the product by third parties.

In the event of theft or loss of the products or accessories during the contract period, the customer is liable :in. Loopi reserves the right to charge for the replacement value of the products (prams, stroller accessories and/or travel cots) in the event of theft or loss.

The subscribed products must be adequately insured and secured against theft. The customer is recommended to include the subscribed products in the private household insurance (to protect them against robbery and burglary) as well as to take out the additional coverage "simple theft away from home" (especially for strollers and stroller accessories that could be stolen away from home). In order for the insurance to pay in the event of theft, a criminal complaint must be filed and the products must be secured with an appropriate lock.

10.2 Maintenance and repair service

If the subscribed product has a defect despite proper handling during the subscription period, Loopi offers a maintenance and repair service . In this case, too, the customer is obliged to report the damage to Loopi immediately (abo@loopi. ch).

Case 1: If the defect can be remedied by sending spare parts without much effort on the part of the customer, then Loopi sends the customer to the corresponding spare parts immediately.

Example: A wheel of the subscribed stroller is defective. In this case, the customer will send Loopi a replacement wheel.

Case 2: If the defect cannot be remedied by sending a replacement part, then the customer will send the defective product back to Loopi (see item 11 "Return"). As soon as the defective product has arrived at Loopi, Loopi will immediately send the customer a replacement product. The customer also has the option of returning the defective product personally to the Loopi warehouse (Loopi, Home of Innovation, Kosterstrasse 34, 8406 Winterthur) by prior notification and, in this case, taking a replacement product with them.

The customer can request the return of the products via the user account on the website. Loopi then sends Swiss Post a collection order and the products are picked up from the customer's home by Swiss Post. For this purpose, the customer undertakes to provide information about the desired return date, address, deposit location for collection (e.g. house entrance) and a local contact person. Loopi assumes the costs for the return.

The return area is limited to Switzerland. If the collection is unsuccessful (e.g. because the products were not deposited by the customer in time at the agreed deposit location), Loopi has the right to charge the customer for the additional costs incurred as a result or to use the deposited means of payment (credit card, Twint ).

For returns, the customer must use the same cardboard box that was used for delivery. The cardboard boxes are made for multiple use. If the customer no longer has the cardboard box, they can order a new one from Loopi at an additional cost.

The customer can also purchase the products personally at Loopi's warehouse (Loopi, Home of Innovation, Kosterstrasse 34, 8406 Winterthur) with advance notification (abo@loopi.ch). In this case, no cardboard box is necessary.

After the goods have been received by Loopi, the returned goods are checked for completeness and quality.

12.1 Exchange in general

After the minimum subscription period has expired, the customer can exchange the stroller for another stroller model at any time. To do this, the current stroller must first be canceled in the self-service center. The customer can then order the new stroller on the loopi website with the desired start date. A one-time administration and setup fee is charged for the new stroller.

12.2 Exchange stroller

After the minimum subscription period has expired, the customer can exchange the stroller for another model at any time. To do this, the current stroller must first be canceled at the self-service center. The customer can then obtain the new pram on the loopi website with the desired start date. In case of an exchange, an administration setup fee will be charged again.

The Bugaboo products (strollers, stroller accessories and travel cot) remain the sole property of the manufacturer (Bugaboo International B.V.) at all times.

Loopi is responsible for the Loopi services (according to Section 2) and makes them available to the customer for use for a contractually agreed fee (right of use).

Both parties are entitled to terminate the contract at any time without notice for good cause. Any breach of a material contractual provision is considered good cause.

 

As Significant breaches of contract by the customer apply in particular:

1. Default of payment of more than 30 days

2. Registration of personal bankruptcy or filing for insolvency

3. Non-contractual use of the products

4. Violation of special customer obligations

5. Violation of legal regulations that could result in a reputational risk for Loopi

Should the products not correspond to the customer, they have the right to terminate the contract with Loopi on the next possible termination date in accordance with section 5.2.

Otherwise, it is advisable for the customer to seek a bilateral conversation directly with Loopi.

Should provisions of this contract be or become invalid in whole or in part, or should there be a gap, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, the effective provision that comes closest to the purpose of the ineffective provision shall be deemed to have been agreed.

This contract, including its enclosures, is subject to substantive Swiss law.

The place of jurisdiction for all disputes arising from this contract is the registered office of Loopi AG in Hergiswil, Nidwalden. However, Loopi AG reserves the right to take legal action at the customer's registered office. Cases in which civil procedural law prescribes a different place of jurisdiction are excluded from the place of jurisdiction clause.

Changes to the provisions of the contractual relationship can be made by arrangement between Loopi and the customer and must be in writing.