Terms and Conditions
Version 1.1 – June 2026
1. SCOPE
1.1 These Terms and Conditions (hereinafter «T&C») apply to all sales contracts concluded between Smaggxx Sports AG (hereinafter «we», «us» or «Smaggxx») and its customers (hereinafter «you» or «Customer»). «Customers» means all persons, regardless of gender and including legal entities, who purchase products («Products») via the online shop operated by us at www.smaggxx.ch («Online Shop») or through any other sales channels of Smaggxx.
1.2 The offer in our Online Shop is intended exclusively for Customers who reside or have their registered place of business in Switzerland or the Principality of Liechtenstein.
1.3 We reserve the right to amend these T&C at any time. The version of these T&C in effect on the date of an order will apply with respect to such order and cannot be unilaterally amended for that order. Any terms and conditions of Customers that conflict with or deviate from these T&C will not be recognized.
2. CONCLUSION OF THE CONTRACT
2.1 The Product descriptions and prices listed in the Online Shop do not constitute legally binding offers. Rather, they serve as a non-binding invitation to place an order. Images of Products on our website, in the Online Shop, in advertising, or on social media are for illustrative purposes only and are non-binding.
2.2 An order placed by a Customer constitutes an offer to purchase the Products listed in the order («Order»). All Orders are subject to acceptance by Smaggxx.
2.3 Smaggxx will issue a written order confirmation («Order Confirmation»). Upon receipt of the Order Confirmation by the Customer, a purchase agreement is concluded between Smaggxx and the Customer («Contract»), subject to availability as described in Section 3. The Order Confirmation defines the subject matter and scope of the Agreement. This also applies if the Customer pays for Products in advance, e.g., by credit card as part of the ordering process. Receipt of the Order Confirmation does not constitute a guarantee that the Product can actually be delivered. It merely indicates to the Customer that the Customer's order has been received by the Online Shop and that the Contract with Smaggxx has been concluded, subject to availability.
2.4 Smaggxx reserves the right to reject Orders at any time and without giving a reason, and to cancel or not fulfill Orders that have already been confirmed at any time and without giving a reason. Smaggxx will not be liable to the Customer or any third party in such cases. If the Customer has already paid for the relevant Products, Smaggxx will refund the full amount without interest. Any further claims are excluded.
2.5 Changes or cancellations of Orders at the request of Customers are valid only if confirmed in writing by Smaggxx. Any costs already incurred by Smaggxx in connection with the relevant Order may be charged to the Customer.
3. AVAILABILITY
3.1 Smaggxx will strive to deliver all Products in accordance with the Order within a reasonable timeframe. However, availability is not guaranteed. The delivery dates indicated by Smaggxx are merely non-binding estimates that have been given to the best of our knowledge.
3.2 Should Smaggxx be unable to deliver the ordered Products within sixty days of the Order, or should delivery be delayed by more than twenty days beyond a delivery date that was expressly confirmed in writing by Smaggxx, both the Customer and Smaggxx have the right to withdraw from the Contract. If the Customer has already paid for the relevant Products, Smaggxx will refund the full amount without interest. Any further claims are excluded.
4. PRICES AND PAYMENT TERMS
4.1 The prices listed in the Online Shop are in Swiss Francs (CHF) and include Swiss value-added tax. The prices applicable to each Order are those listed in the Online Shop at the time the Contract is concluded.
4.2 All prices listed in the Online Shop are exclusive of shipping costs and, where applicable, import duties. The applicable shipping costs will be displayed before the Order is completed.
4.3 Smaggxx reserves the right to change, limit, or terminate any special offers or discounts at any time.
4.4 Payments can be made by credit or debit card or by the other payment methods indicated in the ordering process. Smaggxx reserves the right to determine, at its sole discretion, which payment methods will be accepted in each individual case. In addition to these T&C, the respective terms and conditions of the relevant payment service providers apply.
4.5 Smaggxx reserves the right to verify credit or debit card payments before accepting them. When paying by credit or debit card or by other instant payment methods, the amount will be charged at the time of the Order. For purchases against invoice, Smaggxx reserves the right to obtain credit reports on the Customer to protect its own interests and may forward Customer data to third parties for this purpose.
4.6 All payments by the Customer must be made in Swiss Francs and without any deductions. The Customer expressly waives any set-off rights.
4.7 In the event of late payment, Smaggxx has the right to (i) suspend further deliveries to the Customer, in whole or in part, without further notice until payment is received; (ii) charge late payment interest at a rate of 5% per annum; (iii) charge an administrative fee of CHF 20.00 per Order; and (iv) assign the claim to a debt collection agency.
5. DELIVERY
5.1 The Products will be delivered to the address provided by the Customer during the ordering process. If the Customer provides an incomplete or incorrect address, the Customer will be solely responsible for any additional costs or loss.
5.2 Smaggxx reserves the right to make partial deliveries.
5.3 Should the Customer discover upon delivery that the ordered Products have been damaged during transport, Smaggxx must be notified immediately. If the Customer fails to provide such notification, Smaggxx will not be liable for the damaged Product.
6. RISK AND RETENTION OF TITLE
6.1 The risk of loss or damage to the Products passes to the Customer upon handover of the Products by Smaggxx for shipment. Accordingly, the Customer bears the risk of loss and damage during transport.
6.2 All Products remain the property of Smaggxx until the Customer has paid in full all amounts owed to Smaggxx under the relevant Contract. The Customer is not authorized to sell, dispose of, or encumber the Products before ownership has been fully transferred to the Customer.
7. RETURN POLICY
7.1 The Customer has the right to return Products ordered through the Online Shop to Smaggxx within 14 days of receipt, at its own expense and risk, without giving a reason. Returns must be sent exclusively to the following address: Smaggxx Sports AG, Gubelstrasse 11, CH 6300 Zug, Switzerland. The original order number must be included with the return. Returns that cannot be attributed to a specific Customer will not be refunded.
7.2 If Products are returned to Smaggxx in their original condition – that is, unused, undamaged, clean, and in their original packaging – Smaggxx will refund the purchase price (excluding shipping costs and any applicable fees) to the Customer within 30 days of Smaggxx having received the return. Refunds are usually made through the same payment method the Customer used during the ordering process.
7.3 If, after inspecting the returned Products, Smaggxx determines that they are no longer in their original condition, Smaggxx will notify the Customer accordingly (via the email address provided by the Customer during the ordering process). In this case, the Customer may choose whether Smaggxx should retain the returned Products or resend them to the Customer at the Customer's expense and risk (in both cases without a refund of the purchase price).
8. WARRANTY
8.1 Smaggxx warrants that the ordered Product is free from defects. This warranty applies only to Products ordered through the Online Shop. If a Product is defective due to manufacturing faults or faulty materials, Smaggxx has the option to either (i) provide the Customer with a replacement Product free of charge; or (ii) refund the purchase price to the Customer. The warranty period and the Customer's obligation to inspect the Products for defects in a timely manner and to notify Smaggxx immediately of any defects discovered are governed by the provisions of the Swiss Code of Obligations. Except in the case of hidden defects, the purchase of a Product is deemed approved in any case if the Customer has not submitted a written complaint within 30 days of delivery. Any additional statutory warranty provisions are excluded.
8.2 Each of our Products has a certain lifespan, which depends on the type of Product, the model, the materials used, and the individual use of the Product. The warranty does not cover damage or defects caused by normal wear and tear, exceeding the Product's normal lifespan, modifications made by the Customer to the Product, or damage resulting from improper, incorrect, or negligent use of the Product.
8.3 The Customer expressly acknowledges that our Splates® are manufactured with raw materials derived from recycled plastic waste. Irregularities such as minor color variations, marks, stains, inclusions, dents, or scratches are characteristic of our Splates® and are intentional. Accordingly, these do not constitute defects.
9. LIMITATION OF LIABILITY
9.1 Smaggxx is liable only for direct damages and only to the extent that the Customer proves that Smaggxx, employees of Smaggxx, or authorized third party service providers of Smaggxx acted unlawfully and with gross negligence or willful misconduct.
9.2 Any additional liability of Smaggxx is excluded. In particular, Smaggxx will in no event be liable for (i) slight negligence; (ii) indirect, incidental, or consequential damages; (iii) loss of profit or unrealized savings; or (iv) damages resulting from a delay in delivery. Furthermore, Smaggxx expressly disclaims any liability in cases of improper use or use contrary to the intended purpose of the Products.
10. DATA PROTECTION
10.1 Smaggxx complies with the provisions of Swiss data protection law.
10.2 Personal data of Customers is used and processed in accordance with Smaggxx's Privacy Policy, which, in its form applicable from time to time, constitutes an integral part of these T&C.
11. MISCELLANEOUS PROVISIONS
11.1 Smaggxx has the right to transfer, assign, or subcontract, in whole or in part, any rights and obligations arising under these T&C or pursuant to a Contract. Without Smaggxx's written consent, Customers are not permitted to assign, transfer, or subcontract any of their rights or obligations arising under these T&C or pursuant to a Contract.
11.2 Should any provision of these T&C be held invalid, unlawful or unenforceable, the remaining provisions will remain unaffected in all respects. In place of the invalid, unlawful, or unenforceable provision, the provision that reflects the original provision as closely as legally permitted and best fulfills its purpose will apply between Smaggxx and the Customer.
12. APPLICABLE LAW AND JURISDICTION
12.1 These T&C, as well as all Contracts and other legal relationships between Smaggxx and its Customers, are governed by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention).
12.2 Unless mandatory consumer protection laws provide otherwise, the place of jurisdiction for all disputes between Smaggxx and the Customer will be Zug, Canton of Zug, Switzerland. Moreover, Smaggxx has the right to bring legal action against the Customer at the Customer's place of residence or registered place of business.