T&C

Valid from 1. January 2025

1. Applicability and Scope

The following Terms and Conditions (hereinafter referred to as „T&C“) apply to all business relationships between Mish Mushkila.ch (hereinafter referred to as „Mish Mushkila“, „we“, or „us“) and the customer (hereinafter referred to as „customer“, „buyer“, or „you“) for physical products (hereinafter referred to as „products“ or „goods“) purchased through our website www.mishmushkila.ch (hereinafter referred to as „online shop“ or „website“).

The website and online shop are operated by:

Shahade & Annabelle Twal, Schlossstrasse 73, CH-8207 Schaffhausen

Phone: +41 (0)79 545 03 01, Email: info@mishmushkila.ch

Individual agreements made with the customer take precedence over these T&C. Any conflicting terms from the customer will not be recognized.

Mish Mushkila reserves the right to amend these T&C at any time. All changes will be effective upon publication of the new T&C on the website. The relevant date for the applicability of the valid T&C is the date of placing the binding order for a product.

Please read these T&C carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions, as well as our privacy policy, and confirm that you are authorized to enter into legally binding contracts and are at least 18 years old.

2. Conclusion of the Purchase Agreement

The presentation of products in the online shop does not constitute a legally binding offer, but rather serves as a non-binding online catalog or an invitation for customers to place an order for the products in the online shop. Mish Mushkila explicitly reserves the right to change the products as well as the content, such as images, product range, prices, and descriptions of our products, at any time and without prior notice. Images, pictures, brochures, advertisements, and other information related to our products are for informational purposes only and are not binding for Mish Mushkila.

The customer can place a binding order for the products selected in the online shop. The customer can add the selected products to the „shopping cart“. This action does not yet constitute a binding order. An order becomes binding only when the customer clicks the „Buy“ button at the end of the ordering process on the order page. Before submitting the order, the customer can modify and review the details at any time, identify any input errors, and correct them before finalizing the binding order.

An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains the details of the order and the T&C accepted by the customer during the ordering process.

The confirmation email serves only as information that we have received the order. The purchase contract is not concluded by the automatic order confirmation. By submitting the order, you confirm that you have read the T&C and agree to them unconditionally. We recommend printing or saving the T&C on your computer for the purpose of the online order and for your records.

After submitting a binding order, it is at Mish Mushkila‘s discretion whether to accept or reject the order by sending an appropriate notification via email without assuming liability towards you or any third parties. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot authorize the customer‘s payment, or if we have reason to believe that the customer is violating these T&C, individual contracts, engaging in fraudulent or other criminal activities, or for any other important reason.

If the order is accepted, a binding purchase agreement is concluded with the customer. Acceptance occurs by sending the ordered goods.

The commercial distribution or resale of our products is strictly prohibited.

3. Availability and Reservation of Performance for Unavailable Products

All information regarding the availability of our products, as well as the shipping and delivery of our goods, are provisional and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. We expressly exclude any liability for unavailable products or delays in shipping or delivery.

Our products are available as long as our stock lasts. If Mish Mushkila determines during the processing of your order that the items you ordered are unavailable, we will inform you immediately. In this case, no contract will be concluded for the unavailable items, as the ordered goods cannot be delivered.

Furthermore, we reserve the right to limit the number of items a customer can purchase. In this case, we will inform the customer accordingly via email. Any payment already made will be refunded if the order is canceled.

4. Prices and Shipping Costs

When you visit our website, your surfing behavior may be statistically evaluated. This is primarily done using cookies and         so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information on this can be found in the following privacy policy.

Withdrawal of your consent to data processing

Our products and prices correspond to those listed on the website. All prices are stated in CHF (Swiss Francs) and include the statutory Value Added Tax (VAT). The total price of your order, including any applicable additional and shipping costs, as well as the VAT for the respective country, will be displayed at the end of the ordering process. Any additional customs fees are not included in the price and must be paid by the customer.

By placing a binding order, you confirm that you agree to the total price for the ordered products. After the binding order is placed, the price cannot be adjusted.

Mish Mushkila reserves the right to change prices at any time. Products will be charged based on the prices offered at the time the binding order is placed.

5. Payment Terms / Credit Check

Orders are generally due for immediate payment.

The customer has the option to pay using the payment methods displayed on the website or during the ordering process. These may change from time to time or vary by country. We also reserve the right to not offer certain payment methods in specific cases and refer to other payment methods used by us (for example, to secure our credit risk, we may offer only those corresponding to the customer‘s creditworthiness). Mish Mushkila is expressly authorized by the customer to conduct credit checks at its discretion and, if necessary, to share the customer‘s data with third parties for this purpose.

By choosing a payment method, the customer authorizes the payment either by entering credit card details or access credentials of a payment service provider. The customer authorizes Mish Mushkila to process or collect payments accordingly. In case of chargebacks, Mish Mushkila is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Mish Mushkila is not liable for any fees or other charges that may be imposed by the card issuer or your bank in connection with processing your payment according to your order.

When paying by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the parameters for payment collection, and confirm the authorization with the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and the entered payment details are correct. In the case of payment rejection, Mish Mushkila reserves the right to cancel the order and suspend the shipment of products. In this case, we will contact you immediately.

For payment by invoice, the customer will receive the invoice with the transfer details via email before the goods are delivered. Payment must be made using the transfer details within the payment period specified on the invoice. If payment is not made on time, Mish Mushkila is entitled to charge a fee of at least CHF 50 for each reminder, as well as additional costs associated with debt collection and statutory late payment interest. If debt collection becomes necessary, we will charge an additional processing fee of at least CHF 200.

6. Delivery Terms

Delivery is generally carried out by the Swiss Post AG. For deliveries within Switzerland, Mish Mushkila covers the shipping costs for orders exceeding CHF 100. For deliveries to the EU, the following shipping providers are used: Swiss Post AG or DHL. The associated costs must be paid by the buyer in advance.

Products ordered from our online shop that are in stock will be delivered to you within 6–8 working days after receipt of full payment, depending on the destination. You can use the tracking number to monitor the current status of your order.

If the products are marked as out of stock at the time of ordering, Mish Mushkila will make every effort to deliver the goods as quickly as possible. Mish Mushkila strives to adhere to the specified delivery times but is not responsible for delivery delays, regardless of the cause. We will promptly inform you of any delivery delays.

If the delay exceeds 3 weeks beyond the original delivery date, the customer has the right to cancel their order. Further claims, particularly for damages, are excluded. Any payments already made will be refunded upon cancellation of the order.

If delivery fails due to the fault of the customer after three delivery attempts, Mish Mushkila may withdraw from the contract. Any payments made will be refunded promptly.

7. Retention of Title

Mish Mushkila retains ownership of the delivered goods until they have been paid for in full.

8. Right of Withdrawal and Return

Conditions

For all purchases made through our online shop (with the exception of certain products; see the withdrawal restrictions below), you, as a consumer, have the right to withdraw from the contract within 14 days of receiving the goods without providing a reason.

You may withdraw from the contract by either returning the goods to Mish Mushkila, Schlossstrasse 73, CH-8207 Schaffhausen, phone: +41 (0)79 545 03 01, email: info@mishmushkila.ch, or by sending us a clear declaration of withdrawal in text form (e.g., a letter sent by post or an email).

The 14-day withdrawal period begins the day after you or a third party designated by you (not the carrier) receives the goods. The deadline is met if the goods or the withdrawal notification are handed over to the postal service or another transport service provider on the last day of the withdrawal period.

To exercise the right of withdrawal, the goods must be returned unused, complete, and intact, preferably in their original packaging.

Return address:

Mish Mushkila, Schlossstrasse 73, CH-8207 Schaffhausen

Phone: +41 (0)79 545 03 01, Email: info@mishmushkila.ch

The controller responsible for data processing on this website is:

Mish Mushkila, Shahade & Annabelle Twal, Schlossstrasse 73, 8207 Schaffhausen, Switzerland - E-mail: info%mishmushkila.ch

The controller alone decides on the purposes and means of processing personal data (e.g. names, contact details, etc.).

Consequences of Withdrawal

If you withdraw from the contract and return the goods properly, we will refund the total price you paid promptly and no later than 14 days from the day we receive the notification of your withdrawal or the goods.

The refund will be issued using the original payment method to the associated account unless explicitly agreed otherwise. No fees will be charged for this refund. Please ensure you have access to the specified account, as Mish Mushkila assumes no liability in this regard.

We may withhold the refund until we receive the returned goods or until you provide proof that the goods have been sent back, whichever occurs first.

You are only liable for any diminished value of the goods resulting from handling that was not necessary to determine the nature, characteristics, and functioning of the goods.

Withdrawal Restrictions

The right of withdrawal is excluded for the following contracts:

• Delivery of products customized according to your specifications or clearly tailored to your needs (custom-made, personalized products).

• Delivery of products that are unsuitable for return due to health protection or hygiene reasons if their packaging has been opened after delivery.

9. Complaint/Warranty

Mish Mushkila guarantees that the goods meet the promised specifications and are free of defects that would impair their value or suitability for their intended use.

Upon receipt of the products, the customer must promptly inspect them for accuracy, completeness, and any potential damages. Errors or damages must be reported to Mish Mushkila within 3 working days. Defects that could not be detected during a proper inspection and only appear later must be reported in writing immediately upon discovery. If you fail to inspect or promptly notify us of defects, the product will be deemed accepted, and you will no longer be entitled to assert claims against us.

The statutory warranty provisions apply to manufacturing defects or material/production faults. The warranty period is 2 years from the receipt of the product. Products damaged due to the buyer‘s fault are excluded from the warranty, such as: Mechanical damages like dropping the product (e.g., a mug) or scratches, dents, or breaks caused by improper storage or fading of printed designs on textiles due to improper washing or ironing.

The customer‘s warranty claims are limited to replacement delivery or rectification of defects/rework, excluding all other claims, particularly price reductions or compensation for indirect and consequential damages.

Mish Mushkila reserves the right to decide between replacement delivery or rework at its sole discretion. If replacement delivery or rework fails, the customer may withdraw from the contract in the case of significant defects.

For complaints or service inquiries, please contact us at the following address, including your order number, customer number, a description of the defect, and any other helpful information:

Mish Mushkila, Schlossstrasse 73, CH-8207 Schaffhausen

Phone: +41 (0)79 545 03 01, Email: info@mishmushkila.ch

The defective product must be sent to the address above with a copy of the invoice and a detailed description of the defect. The return of the product is at the customer‘s expense and risk. Please ensure you obtain confirmation of your return and keep this confirmation, as your warranty claim cannot be processed in the event of parcel loss.

10. Complaints and Grievances

11. Liability

Mish Mushkila is liable for damages caused by unlawful intent or gross negligence on its part in breach of its obligations under these Terms and Conditions (T&Cs) and the resulting contractual relationships, provided such damages are proven. Liability for slight and moderate negligence, as well as for indirect and consequential damages, whether arising from contract, tort, or any other cause, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, reputational damage, harm caused by computer viruses, or data loss due to temporary impairments or interruptions of Mish Mushkila‘s services.

Furthermore, Mish Mushkila assumes no contractual or non-contractual liability for damages caused by auxiliary persons engaged to provide its services.

The above exclusions and limitations of liability do not apply in cases where Mish Mushkila directly causes culpable harm to life, body, or health, or in the case of mandatory statutory regulations, including those under the Product Liability Act.

Subject to the foregoing, the total liability under these T&Cs, regardless of the cause, and to the extent permitted by law, is limited to the price of the goods ordered by the customer.  

Events Beyond Our Control

Mish Mushkila accepts no liability or responsibility for failure to perform or delay in performing any obligations under these T&Cs and the resulting contractual relationship due to events beyond its control (force majeure). Such events include, but are not limited to: strikes, lockouts, or other industrial actions by third parties, invasions, terrorist attacks, wars, fires, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, failures of public or private communication networks, or the unavailability of rail, shipping, air, motor transport, or other means of public or private transport.

In the event of an event beyond our control affecting the fulfillment of our obligations under the contract,

we will inform you as soon as possible.

12. Data Protection

Mish Mushkila collects and processes personal data only in compliance with legal requirements, particularly applicable data protection laws. For further information regarding the processing of your personal data, your rights, and related questions, please refer to our Privacy Policy at https://www.mishmushkila.ch/en/dataprotection, which forms an integral part of these T&Cs.

13. Copyright

The information and content published on the website are protected by copyright and are the property of Mish Mushkila or the respective rights holder. Reproduction, editing, distribution, or any other form of use is not permitted without the prior written consent of the respective rights holder. Mish Mushkila and the corresponding rights holder explicitly reserve all related rights.

14. Severability Clause

Should any provision of these T&Cs be deemed illegal, invalid, or unenforceable for any reason, the validity of the remaining provisions shall not be affected. Unless otherwise agreed, the invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the provision and the intent of the parties at the time of contract conclusion. The same applies to any gaps in these T&Cs. If these terms and conditions are unclear or not understandable, the German version of the terms and conditions shall prevail in all cases.

15. Applicable Law and Jurisdiction

These T&Cs, the resulting contractual relationships, and any disputes shall be governed exclusively by substantive Swiss law, excluding its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons is either the registered office of Mish Mushkila or the customer‘s place of residence. For legal entities, the exclusive place of jurisdiction is the registered office of Mish Mushkila.

These provisions apply only to the extent that they do not conflict with mandatory legal provisions of the state in which the consumer has their habitual residence, which take precedence over these T&Cs.