Terms of service

General Terms and Conditions

Area of applicability
These General Terms and Conditions (T+Cs) govern the contractual relationship between Born Ready GmbH and the customers that purchase items via our e-shop or email, in the version valid at the time an order is placed. Deviations from these T+Cs are only possible through written agreement. When the customer orders something (request), the validity and content of Born Ready GmbH T+Cs is acknowledged. The contract will be made once Born Ready GmbH has confirmed the order (acceptance) via email. Should individual provisions in these T+Cs prove to be invalid or impossible to fulfil, the effectiveness of the other provisions will remain unaffected. Born Ready GmbH reserves the right to change these T+Cs at any time. Subsequent changes to the contract will be communicated to the customer in a suitable manner.

Contract conclusion
All orders in verbal, written, or electronic form are binding. You may place orders around the clock via this website or via email. Please note that the orders will be processed by us Monday to Friday during business hours, and shipments will be made twice per week. The customer shall be notified if there are difficulties during delivery or articles temporarily cannot be delivered. In order to ensure this, Born Ready GmbH requests that the customer provide an email address when placing the order. Orders of articles that temporarily cannot be delivered may be cancelled at any time. However, there is no longer a right to cancellation once an article has already been invoiced or shipped. No claim shall arise due to a delay in delivery.

Payment Terms
The prices are indicated in Swiss francs (CHF) and include 7.7% VAT.

If you order a subscription product with a monthly term that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions in the Terms & Conditions. Your next billing date will be displayed in your confirmation email. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions in the website or the initial offer, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due.

Processing fees will be applied for unwarranted discounts and for dunning notices. As of the second dunning notice, fees will be CHF 5.-; as of the third dunning notice, fees will be CHF 15.-. If the customer is delayed in making the payment, then Born Ready GmbH is justified in adding default interest to the invoice in the legally designated amount (according to Art. 104 OR). The delivery remains the property of Born Ready GmbH until complete payment has been made. In the event of a delay of payment, Born Ready GmbH is also authorised to withdraw from the contract and to demand that the goods be returned.

Cancellation Policy
Subscription products are subject to a minimum subscription period of 3 (three) months and require a 1 month notice prior to the subscription renewal date. A request to cancel the rental subscription agreement must be made via email to info@bornreadytoys.com.

The product must be disassembled and ready for pick up or shipping on or before the end of the billing period of which the subscription is ending.

Shipping Terms
The delivery costs are to be borne by the purchaser: Delivery costs vary depending on order quantity, weight and shipping destination address.

All orders can be shipped or are available for pick up/ drop off at one of our Exchange Hubs.

Payment is made by credit card (MasterCard or Visa), or PayPal without discount. All personal and financial information is treated confidentially and is encrypted.

Warranty
Born Ready GmbH warrants to the buyer that the merchandise is free from defects in material and workmanship and guarantees optimal customer support. It is the buyer’s contractual obligation to check the purchased merchandise for defects immediately upon delivery. The damage must be reported in writing within 5 days of delivery of the product to the customer along with a copy of the receipt, substantiation of the specific damage, and so that the return process can be undertaken to info@bornreadytoys.com.

Replacement deliveries will be made free of shipping costs when replacement is at the fault of Born Ready GmbH. Any additional claims of the customer, particularly change, reduction of price, and damage replacement claims, are excluded. The purchaser is responsible for his or her own use of the products. In all other respects, Born Ready GmbH is not liable for any type of indirect and collateral damage or resulting damage (for example, lost profits, business and sales; unrealised savings or losses) as long as this is legally permissible.

Damages to the product
Damages to the products beyond reasonable wear and tear that cannot be refurbished by sanding and reapplication of oil coating, will incur replacement costs of the product.

30 Day Money Back Guarantee
Born Ready GmbH offers a 30-Day Money Back Guarantee on any Climber & Slide set PURCHASE (excluding shipping and handling charges). If, for any reason, you are not satisfied with the Climber & Slide set you buy, you may return the product to Born Ready GmbH within 30 days of your receipt of the order, for a full refund of the purchase price (excluding shipping and handling charges). All refunds will be credited ONLY to the credit or debit card that was used to make the original purchase. Product Returns After 30 Days will not warrant a refund & any costs to further return the product will be at the expense of the customer. Prior to a return being accepted, customers should contact info@bornreadytoys.com to be advised of the return process and address.

Return of ordered goods that are undamaged (all other products than the Climber & Slide set).
Originally-packaged and undamaged goods (may be exchanged for other goods within a period of 14 calendar days, no refunds will be provided.

Data protection
The privacy of the customer has a high priority for Born Ready GmbH. Personal customer data is only collected, processed, and saved internally, and is only used for completing the orders placed by the customer. Customer data is treated confidentially and is not forwarded to third parties. Personal data will only be transmitted to state bodies and authorities on the basis of and as a part of mandatory statutory provisions. Very high security standards apply to secure the personal data of the customers with regard to both technical and organisational aspects.

Place of fulfilment and court of jurisdiction
As long as there is no mandatory legislation stating otherwise, the place of fulfilment and the subsequent court of jurisdiction is Zurich.

Limited Liability
Born Ready GmbH products were designed with safety and quality in mind, ensuring to use materials that are certified for use on children’s toys. At this point in time, Born Ready GmbH products are undergoing the CE safety certification by an independent entity. The purchaser is responsible for his or her own use of the products and shall hold Born Ready GmbH free from any liability from any accidents / harm that can arise due to the use of the equipment

The purchaser shall ensure the safety of their children when using the equipment including, but not limited to: 1. Not leaving children on their own when using the equipment 2. Supervising the use of the equipment 3. Putting necessary precautions under or around the equipment such as mats.

Transfer of title and risk when purchasing items
Title and risk shall pass to the customer upon shipment of the order.

Transfer of risk when renting items
Risk shall pass to the customer upon shipment of the order.

What you are not allowed to do
You are not allowed to copy or use any material from Born Ready GmbH for any commercial purpose, unless permission has been explicitly given.
You are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off fromBorn Ready GmbH.

Final provisions
The T+Cs of Born Ready GmbH that are respectively valid at the time the contract is concluded apply to the contractual relationship. Should individual T+Cs are invalid or become invalid, this does not affect the legality of the remaining provisions.

Applicable Law and Area of Jurisdiction
The contractual relationship between you and Born Ready GmbH shall be governed by Swiss material law under exclusion of the UN convention on the International Sale of Goods of 11.April 1980 (UN sales law). Area of jurisdiction for all disputes is Zurich. Born Ready GmbH is further authorised to electively call upon the court at the seat/domicile of the customer.

Born Ready GmbH
UID CHE-306.300.749
Etzelstrasse 56a
8038 Zurich
Switzerland

General Terms and Conditions: 26 June, 2021