Terms & Conditions

B2C Terms

1 General

1. Cream della Cream GmbH, located at Via Pietro Capelli 18, 6900 Lugano in Switzerland and of which Mr Philipp P. Plein, vip@pleinsport.com, is the chief executive (hereafter referred to as "Cream della Cream Switzerland GmbH" or "we"), operates an online shop under the Internet address www.pleinsport.com (hereafter referred to as “the Website"). All orders you place through this Website and our deliveries and services are subject solely to the version of the following Standard Terms and Conditions currently in force at the time of the order. Unless we have consented in writing to their application, we do not recognise any differing terms and conditions of the customer.

2.Only consumers may place orders with the online shop. Dealers or intermediaries are expressly not permitted to purchase. Goods will only be sold to consumers in quantities and ranges customarily purchased by consumers.

 

2 Right to return the goods

1. You may return the goods received within two weeks, without giving any reasons, simply by sending them back. This period will begin on the day after you receive the goods and this information on returning goods, but not before our information requirements in accordance with § 312g section 1 sentence 1 of the German Civil Code in conjunction with article 246 § 3 of the Introductory Law to the Civil Code have been fulfilled. Only goods not suitable for packaging (e.g. awkwardly-shaped goods) may also be returned by a written demand, e.g. by letter, fax or e-mail, to take the goods back. This deadline will have been met, provided that the goods are sent off in time. All goods are returned at our expense and at our risk.

We request that within the European Union and Switzerland the demand to return the goods should be submitted in writing,e.g. by letter, fax or e-mail. Cream della Cream Switzerland GmbH will then arrange for UPS to pick up the goods directly, unless the goods are sent to us immediately without a prior request to return them.

A request to return the goods must be sent to:

Cream della Cream Switzerland GmbH

Via Pietro Capelli 18

6900 Lugano

Switzerland

vip@pleinsport.com

 

The goods must be sent to:

ITG GmbH Logistik

Cream della Cream

Eichenstrasse 11

Gate 1

85445 Schwaig

Germany

2. You will find all documents that might be helpful to you in returning the goods in the original delivery. The goods must be returned to our warehouse in Germany, NOT to Switzerland.  You will be required to pay any costs incurred, such as customs duty, return postage etc., should the goods be wrongly addressed.

3. Costs cannot be reimbursed until Cream della Cream Switzerland GmbH has received back the customer’s complete order with all tags remaining in original condition and original packaging.

 

3 Consequences of return

1. Should the goods be properly returned, both parties are required to return any services received or use provided (e.g. benefits of use).  Should you be unable or only partly able to return or restore the services or use received (e.g. benefits of use) or only in a worsened condition, you will be required to compensate us for their value. You will only be required to compensate us for deterioration or refund the value acquired through use should this use or deterioration be due to treatment that goes beyond an inspection of the product’s qualities and how it works. You will not be required to compensate us for deterioration resulting from simply putting the product to use in the correct manner. You must only refund the value acquired through use if you have used the product in a manner that goes beyond an inspection of the product’s qualities and how it works. “An inspection of the product’s qualities and how it works” covers testing and trying out the goods in question, as is possible and customary, for example, in a shop.

Obligations to make payments must be fulfilled within 30 days. This period begins for you when you return the goods or request that they may be returned and for us when they are received.

2. Your credit card will be charged when the goods are dispatched. The card will be credited if the goods are returned, possible currency exchange losses will however not be refunded.

3. Please refer to our Service Team by e-mail under vip@pleinsport.com should you have any questions.

 

 

4 Formation of the contract

1. A contract between you and Cream della Cream Switzerland GmbH will not exist until we have dispatched the goods ordered to you. You will have submitted a binding offer to us to conclude the contract with you by transmitting an order to us entered on our website. We will carry out the order once you have entered all the data requested during the ordering process and finally confirmed the order by pressing the button “Please order and charge me”.

2. Cream della Cream Switzerland GmbH is entitled to reject your order without providing any reason.

 

5 Important information 

1. The goods offered under www.pleinsport.com are presented in the form of digital photographs of the actual products. Minor differences between this presentation and how the goods really appear do not constitute a defect in the goods ordered.

2. We would like to draw your attention to the fact that products shown on www.pleinsport.com may no longer be available or obtainable at the time of the customer’s visit and that the relevant prices might have changed. The prices offered are shown in Euro, including value added tax but excluding shipping costs.

3. The customer consents to a possible part-shipment by Cream della Cream Switzerland GmbH by entering the order.

 

6 Delivery and dispatch

1. The goods will be delivered solely by UPS. Cream della Cream Switzerland GmbH will bear the risk of transport to the customer.

2. The goods will approximately be ready for shipment on the day following your order. Unless anything different is agreed, the delivery will be made from the warehouse to the delivery address given by the customer. Please note that the customer will be charged with all import taxes, customs duties and handling charges that are different in each country.

 

7 Payment, payment arrears

Cream della Cream Switzerland GmbH can offer the customer five payment methods (depending on the coutry):

PayPal, Klarna (invoice to be paid within 14 days, only available in DE, AT, NL), Sofortüberweisung/iDeal, cash on delivery or credit card.

The customer will be required to pay any transfer costs or bank charges incurred.

Any credit notes for returned goods that were paid for in cash on delivery will be transferred back to your bank account. We therefore ask you to provide us with the relevant bank account details when requesting a return. All other payments will be reimbursed with the relevant method of payment (PayPal, credit card).

Procedure when paying by credit card:

Cream della Cream Switzerland GmbH has a security encoding for data with SSL connection (Secure Socket Layer). This method of encoding protects your credit card data against eavesdropping and manipulation during transmission. It is therefore impossible for unauthorised persons to read this data during transmission in the Internet. The goods will be delivered as soon as the bank or credit card company has confirmed that payment has been made.

We accept the following credit cards: Visa Card and Master Card.

With the exception of counter-claims that are undisputed or have been established in law, a right to withhold or to refuse service on the part of the buyer is excluded in relations between businesspeople.

 

8 Reservation of title

Goods delivered will remain the property of Cream della Cream Switzerland GmbH until completely paid for.

 

9 Warranty

The provisions of the Law on Warranty will apply.

 

10 Data protection

Cream della Cream Switzerland GmbH will store and process all customer data solely in accordance with the relevant laws on data protection. In particular, personal data will only be recorded and stored in order to process an order for goods or, should you have given your express consent, also used for marketing measures by Cream della Cream Switzerland GmbH, such as for example in distributing newsletters.  We will not keep personal data any longer than is necessary. We will not forward personal data to third parties. Excluded from this provision are Cream della Cream Switzerland GmbH’s service partners that require transmission of the data in order to process the order. In such cases, however, the amount of data transmitted will be limited to the required minimum.

 

11 Choice of law, validity

Only German law, to the exclusion of UN purchase law, will apply. Should one or more provisions be or become invalid, this will not affect the validity of the remaining provisions.

 

Last amended on 01 / 14