Terms and Conditions

1)    SCOPE

1. a) These Terms and Conditions of Sale govern the contractual relationships between Kayoko Nakamura  (“Seller”) and its customers (“Customer”) in respect of all sales concluded via the happylucky.ch website.
2. b) The sale of all goods (“Goods”) on the online boutique happylucky.ch is reserved exclusively for natural persons, within the meaning of the Swiss Civil Code, who warrant that they are over the age of 18 and have capacity to contract (or failing that have parental consent to enter into a contract).
3. c) Contracts are governed by the terms and conditions of sale, published on the happylucky.ch websites, in effect at the conclusion of the contract. No other agreements, amendments, representations or warranties, express or implied, shall form part of the contract unless they have been expressly accepted in writing by both parties.
4. d) The terms and conditions of sale may be amended or updated at any time without notice.
5. e) The application of the CISG in respect of terms and conditions of sale on happylucky.ch is excluded.

2)    CONTRACT OF SALE

1. a) By placing an order and clicking on “Place Order”, the Customer agrees to pay the amount due. This action concludes the contract of sale.
2. b) An email acknowledging receipt of the order will be sent by the Seller to the address specified by the Customer during the ordering procedure.
3. c) The Seller reserves the right to restrict orders to what it considers normal quantities, subject to availability and while stocks last.

3)    PRICING, CHARGES, MEANS AND CONDITIONS OF PAYMENT

1. a) Stated prices are firm at the time of placing an order on happylucky.ch. Deliveries outside Switzerland  may be subject to import duties, sales taxes and other charges.  All such charges shall be borne exclusively by the Customer.
2. b) The Seller reserves the right to modify the prices of Goods at any time without prior notice to the Customer. Such price changes may be temporary (e.g. during sales or special offers) or permanent.
3. c) Payment of the total purchase price is taken at the time of placing the order. The following payment methods are accepted:, Twint, VISA, Mastercard, JCB, PayPal, Amex and Diner’s Club. Credit terms and payment against invoice are not available.

4)    DELIVERY TERMS AND SHIPPING CHARGES

1. a) Goods in stock are dispatched by post within 5 to 8 business days from receipt of the order. International orders are shipped via the Swiss Post Office and its international partners. Parcels are sent in MAXILETTRE format by registered mail.
2. b) Shipping charges are borne by the Seller and are confined to direct shipping costs to the exclusion of any additional customs duties and charges, foreign sales taxes, or other foreign delivery charges applicable to orders shipped outside Switzerland.
3. c) As mentioned in paragraph b) customs charges and additional sales taxes other than Swiss VAT are to be borne by the Customer and may vary depending on the destination country.
4. d) All risk in the Goods passes to the Customer when the Goods are delivered to the carrier.

5)    Retention of Title

1. a) Title to Goods will not pass to the Customer until the purchase price is paid in full.
2. b) Until such time as title is transferred to the Customer, the Customer must not pledge or grant any security interest in the Goods. The Customer must inform the Seller in writing without delay of any seizure, confiscation or any other retention or disposal of the Goods by third parties.

6)    WARRANTY AND EXCHANGE

1. a) The Customer must inspect the Goods upon delivery for any apparent defects or damage in transit. As required by law, the Customer must promptly inform the Seller of any defect or anomaly affecting the Goods to enable the Seller to remedy it.
2. b) The Customer has 15 days from receipt of the order in which to return Goods for exchange. The right of exchange only applies if the Goods are returned to the Seller in their original condition and original packaging, with no signs of use or damage. Failure to comply with these requirements will void the right of exchange.
3. c) Entitlement to an exchange will only apply if the Goods supplied do not correspond to those ordered, if the size is not suitable, or if the Goods contain a defect described in paragraphs a) or b).
4. d) Happy Lucky Little Things is warranted to be free of any manufacturing defects or abnormal wear of the components for a period of 1 year. Ordinary wear and tear or damage or breakage due to accident, mishandling or misuse are explicitly excluded from warranty.
5. e) The warranty also excludes failure to follow instructions for care of jewellery published on the happylucky.ch website.

7)    USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. a) The Customer agrees that comments and opinions posted by the Customer on the happylucky.ch website or on affiliated social networks may be copied, transferred, used, or published on the Internet or other media without notice.
2. b) Should the Seller deem that any such comments are threatening, pornographic, offensive, defamatory or contain any other form of expression that may be harmful or detrimental, it may delete them without notice.

The Seller shall not be liable for any views, comments or opinions posted by customers or third parties on the Happylucky.ch website or on affiliated social networks.

8)    Privacy and Protection of Personal Information

1. a) All personal data are considered as confidential. The information collected in connection with the order will be processed electronically and may be communicated to associated third parties for the purpose of processing the order.

9)    TRANSFER OF RISK

1. a) Happy Lucky Little Things contains small parts which could be swallowed by children and the Customer should keep all such jewellery out of their reach.
2. b) The Customer is responsible for the use made of purchased jewellery. The Seller shall not be liable in the event of injury caused by any use other than that for which the Goods were designed or intended.
3. c) Moreover, the Seller shall not be liable for any injury and/or damage suffered in connection with Happy Lucky Little Things goods other than that contemplated by the law on product liability.

10) SEVERABILITY

1. a) Should any of these terms and conditions be invalid or unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining terms and conditions. In such case the invalid or unenforceable provision shall be replaced by a provision corresponding to or which best approximates the spirit of this agreement, as would have been agreed by the parties in order to achieve the same economic result had they been aware of the invalidity of the provision. The same shall apply to any gaps or omissions.

11) Intellectual property

1. a) The happylucky.ch online store and all content and materials on its website are the property of the Seller.
2. b) Intellectual property rights related to the Goods, such as trademarks, design rights, invention rights and copyright are the exclusive property of the Seller.
3. c) The Customer shall refrain from any form of counterfeiting, including the fabrication of imitations or replicas, unlawful conversion or unfair competition, to the detriment of the Seller in respect of its intellectual property rights.

12) Governing law and jurisdiction

1. a) This contract is governed by and shall be construed in accordance with Swiss law.
2. b) In the event of a dispute arising out of or in connection with the contract, including non-contractual claims, the parties agree to submit to the jurisdiction of the courts of the registered office of the Seller. Nevertheless, the Seller reserves the right to bring action before any other competent court.