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General Terms and Conditions (GTC) for AfroCharm.ch

Last Updated: July 18, 2025

Please read these General Terms and Conditions ("GTC") carefully before accessing or using the website AfroCharm.ch (the "Website"), which is operated by Tropical Heritage GmbH. By accessing or using any part of the Website, you agree to be bound by these GTC. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

1. General Information

  • Operator: AfroCharm.ch is operated by Tropical Heritage GmbH
    • Address: Emmentalstrasse 171, 3414 Oberburg, Switzerland
    • Commercial Register No.:  CHE-329.931.211
  • Scope: These GTC apply to all orders placed and purchases made through AfroCharm.ch by customers residing in Switzerland. By placing an order, you confirm that you are at least 18 years old or are placing an order with the consent of a parent or guardian.

2. Products and Availability

  • Product Information: We strive to ensure that all product descriptions, images, and prices on AfroCharm.ch are accurate and up-to-date. However, minor variations may occur, and product images are for illustrative purposes only.
  • Availability: All products are offered subject to availability. If a product is out of stock after an order has been placed, we will inform you promptly and offer a suitable alternative or a refund for the unavailable item.

3. Prices

  • Currency: All prices on AfroCharm.ch are stated in Swiss Francs (CHF) and include the statutory Swiss Value Added Tax (VAT), where applicable.
  • Exclusions: Prices do not include shipping costs. Shipping costs are calculated separately and displayed during the checkout process before you finalize your order.
  • Price Changes: We reserve the right to change prices at any time without prior notice. The price applicable to your order will be the price displayed on the Website at the time of your order confirmation.

4. Order Process and Conclusion of Contract

  • Order Placement: You can place orders by adding products to your shopping cart and proceeding to checkout. By clicking the "Buy Now" or "Place Order" button (or similar), you submit a binding offer to purchase the selected items.
  • Order Confirmation: Upon receipt of your order, we will send an automated order confirmation email. This email confirms that we have received your order but does not constitute acceptance of your offer.
  • Acceptance of Offer: A binding contract for the purchase of products is concluded only when we dispatch the ordered products and send you a shipping confirmation email.
  • Right to Refuse: We reserve the right to refuse any order for any reason, including but not limited to product unavailability, errors in pricing or product description, or suspicion of fraudulent activity.

5. Payment Terms

  • Payment Methods: We accept various payment methods as indicated on the Website during the checkout process (e.g., credit card, Twint, PostFinance, bank transfer).
  • Payment Security: All payment transactions are processed through secure payment gateways. We do not store your full payment card details on our servers.
  • Due Date: Payments are due immediately upon placing the order. If payment is not received, the order will not be processed.

6. Shipping and Delivery

  • Delivery Area: We deliver exclusively within Switzerland.
  • Shipping Costs: Shipping costs are calculated based on the order value, weight, and chosen shipping method, and are clearly displayed before final checkout.
  • Delivery Times: We aim to dispatch orders within 1-2 business days after receiving payment confirmation. Estimated delivery times are provided on the Website and in the shipping confirmation, but these are estimates only and cannot be guaranteed. We are not responsible for delays caused by the shipping carrier or unforeseen circumstances.
  • Risk of Loss: The risk of loss or damage to the products passes to you upon delivery to the shipping carrier.
  • Incorrect Address: If a package is returned to us due to an incorrect or incomplete address provided by the customer, the customer will be responsible for re-shipping costs.

7. Right of Withdrawal / Returns Policy

  • No General Right of Withdrawal: Under Swiss law, there is generally no statutory right of withdrawal or "cooling-off period" for purchases made online, unlike in some other European countries.
  • Our Voluntary Returns Policy: Notwithstanding the above, we offer a voluntary right to return products within 14 days from the date of receipt, under the following conditions:
    • Condition of Products: The product must be unused, unopened (if applicable, especially for cosmetics, food, and sealed items), in its original packaging, and in perfect, resalable condition. Used, opened, or damaged items cannot be returned.
    • Exclusions: Due to hygiene reasons and the nature of the products, the following items are generally excluded from returns:
      • Opened cosmetics, hair products, and extensions.
      • Food and non-alcoholic drinks.
      • Any product where the original seal has been broken.
    • Return Process: To initiate a return, you must contact our customer service at [email protected] within the specified return period. We will provide you with instructions.
    • Return Shipping Costs: The customer is responsible for all costs associated with returning the product.
    • Refund: Upon successful inspection of the returned product, a refund for the product value (excluding original shipping costs) will be issued to the original payment method within 14 days.

8. Warranty

  • Statutory Warranty: For products with defects existing at the time of delivery, the statutory warranty provisions under Swiss law (Art. 197 et seq. CO) apply. This means you have the right to request either repair, replacement (if feasible), or a reduction in price for defective goods.
  • Reporting Defects: Any defects must be reported to us immediately upon discovery, or within a reasonable timeframe after delivery.
  • Exclusions: The warranty does not cover defects resulting from improper use, normal wear and tear, external damage, or non-compliance with product care instructions.

9. Intellectual Property

  • All content on AfroCharm.ch, including text, graphics, logos, images, product designs, and software, is the property of Tropical Heritage GmbH or its content suppliers and is protected by Swiss and international copyright, trademark, and other intellectual property laws.
  • You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website without our express written permission.

10. User Account

  • If you create an account on AfroCharm.ch, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
  • You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

11. Limitation of Liability

  • To the fullest extent permitted by Swiss law, Tropical Heritage GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
  • In no event shall the aggregate liability of Tropical Heritage GmbH exceed the amount paid by you, if any, for accessing or using the Website or for purchasing products via the Website.

12. Data Protection / Privacy Policy

  • Your privacy is important to us. All personal data collected through AfroCharm.ch will be processed in accordance with our Privacy Policy. By using the Website, you agree to the collection and use of information as described in our Privacy Policy.

13. Severability

  • If any provision of these GTC is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these GTC and shall not affect the validity and enforceability of any remaining provisions.

14. Governing Law and Jurisdiction

  • These GTC and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.
  • The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or your use of AfroCharm.ch shall be Oberburg (Canton of Bern), Switzerland.

15. Changes to the General Terms and Conditions

  • We reserve the right to update, change, or replace any part of these GTC by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

16. Contact Information

  • Questions about the General Terms and Conditions should be sent to us at:
    • Tropical Heritage GmbH
    • Emmentalstrasse 171
    • 3414 Oberburg
    • Switzerland
    • Email: [email protected]