General terms and conditions

1. validity of the conditions

The deliveries, services and offers of the online store of xoxo-design AG (CHE-186.918.990 MWST), 6317 Oberwil/Zug, are exclusively based on these general terms and conditions.

With the order of the goods, these terms and conditions are deemed accepted. Deviations from the general terms and conditions are only effective if they are confirmed in writing by xoxo-design AG.

Xoxo-design AG reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order is decisive and cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC will not be recognized.

Without written objection within 24 hours after placing an order in the online store of xoxo-design AG, the terms and conditions described here are considered accepted.

2. offer and conclusion of contract

By clicking "order now" (marked shopping cart symbol) on the xoxo-design.ch online store, the customer places a binding order for the products listed on the order page. Xoxo-design AG confirms the receipt of the order immediately after its receipt. If it is determined after the order confirmation that the delivery of the goods is not possible, the order will be canceled.

The information in the xoxo-design web presentation or in possible xoxo-design sales documents (drawings, illustrations, dimensions, weights and other performances) are only to be understood as approximate values and do not constitute a guarantee of properties unless they are expressly designated in writing as binding.

If a customer exceeds his credit limit by placing an order, xoxo-design AG is released from the obligation to deliver.

3. prices

All sales prices published in the online store represent final prices that include all taxes (in particular VAT) and any advance recycling fees (vRG). Costs for packaging (special outer packaging or xoxo products bound on pallet), truck delivery costs or other possible charges and fees are listed separately and are considered additional costs for special services (services to deliveries).

The prices stated in the order confirmation are decisive. These are fixed for goods in stock at the time of the order. In case of delivery bottlenecks as well as errands, the daily price on the day of the order shall apply. The prices are in Swiss francs including the statutory value added tax and the costs for advance recycling fees (vRG) and, unless otherwise agreed, plus transport costs. The current prices are published in the online store, price changes and errors excepted.

3.1. vRG (prepaid recycling fee)

Since 01.08.05, it has been mandatory for dealers and importers of luminaires to accept all old equipment in the relevant categories free of charge and to dispose of it in a professional and environmentally friendly manner. For this reason, an advance recycling fee (vRG) is charged on xoxo products in accordance with the tariff list (SENS eRecycling), which must be passed on by the rest of the trade to the end consumer without affecting margins or discounts per item.

4. delivery conditions

Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.

Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The specification of specific delivery periods and delivery dates by xoxo-design AG are subject to correct and timely delivery to xoxo-design AG by suppliers and manufacturers.

The dispatch of online orders (consumers) is carried out with the Swiss postal service via

Post Pac Economy (duration usually 2 days) against recipient signature.      

Consumer online order value up to Fr. 249.99

The following delivery fees will be charged :

Post Pac Economy (duration usually 2 days) exclusively against recipient signature CHF 9.50

Consumer online order value from Fr. 250.00                                                

Post Pac Economy (duration usually 2 days) exclusively against recipient signature FRANKO

Ordered today until 2 p.m., delivered 2 days later (usually) with Post Pac Economy

For all xoxo products in stock in our central warehouse applies:

All consumer online orders received on Monday up to and including Friday up to 2 p.m. are shipped the same day by Parcel-B-Post and usually (approx.95%) arrive at the recipient's address 2 business days later.

In the case of recipient addresses not directly accessible by the postal delivery service, the package or the delivery of xoxo products will be delivered to the nearest possible location (e.g. mountain railroad station) or also commissioned address of the customer (contacting the local postal branch).

Please note that the delivery according to the statutes of the swiss. Post only to the curb or parcel acceptance point (MFH). Floor deliveries may be subject to a charge.

Express mail

Are always at the expense of the customer.

Delivery to xoxo+ Resellers in Switzerland and the Principality of Liechtenstein

Large packages (packaging lengths > 1×1 meter/max. 30 kg) are subject to a charge:

Post Pac Economy (duration usually 2 days) against recipient signature.

Product weight: X2 = 1.8kg / X8 = 1.5kg

Bound shipment on Euro pallets or disposable pallets 120x80cm (from 100 pcs. xoxo+ Lights)

Delivery by truck entire CH / FL CHF 60.00/pallet

The customer has to check delivered packages immediately after receipt for their content, correctness, completeness and delivery damage.

For truck delivery:

Visible differences in quantity must be reported to the forwarding agent immediately upon receipt of the goods (bill on the consignment bill and xoxo delivery bill), hidden differences in quantity must be reported in writing to xoxo-design AG within 24 hours of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.

Failure to give notice of defects in due time or form in the case of recognizable defects shall result in the loss of any claims arising from the defects.

Failure to meet delivery dates through no fault of our own, e.g. as a result of force majeure, strikes, pandemics or operational disruptions, shall not entitle the Purchaser to withdraw from the contract and to claim damages.

4.1. exchange container

Pallets, containers, crates, etc. will be invoiced at cost if they are not returned in good condition, carriage paid, within 4 weeks of receipt of the shipment.

5. default of acceptance (deliveries to business customers)

If the Purchaser does not take delivery of the goods within the agreed period, the Seller shall be entitled to invoice the costs incurred or the goods not delivered. Future storage and capital costs may be invoiced separately.

6. transfer of risk

The transfer of risk shall generally take place upon delivery at the agreed place of destination.

At the xoxo dealer, the transfer of risk takes place as soon as the consignment has been handed over to the company carrying out the transport (transport company).

If shipment is delayed or becomes impossible through no fault of xoxo-design AG, the risk shall pass to the customer upon notification of readiness for shipment.

7. warranty/guarantee

Xoxo-design AG warrants the ordered product to be free from defects and to function properly for a period of 2 years after delivery, unless otherwise expressly agreed in writing.

If the operating or maintenance instructions are not followed, or if parts are replaced that do not comply with the specifications of the product or do not comply with the original specifications, any warranty/guarantee shall be void insofar as the defect is attributable to this. This also applies insofar as the defect is due to improper use, storage and handling of the xoxo products, or third-party intervention as well as the opening of xoxo products.

Insignificant deviations from warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as accessories and/or enclosed or installed batteries is excluded.

If a warranty or guarantee case occurs, the right to rectification, replacement or redhibitory action exists. The choice of the type of remedy lies with xoxo-design AG. If xoxo-design AG decides to cancel the contract, a credit note will be issued up to the maximum amount corresponding to the daily price at the time of the order.

Wear parts such as batteries, USB cables, pushers (bottom) or integrated LEDs (COB LED band) are excluded from the warranty. In all other respects, the exclusions of liability according to Section 8 apply.

No new warranty periods come into effect as a result of the replacement of parts, assemblies or entire devices.

Warranty or guarantee claims against xoxo-design AG are only due to the direct customer and are not assignable.

The statutory warranty is excluded in its entirety.

8. return and exchange

Once an order has been placed through our website, you may cancel or change your order by sending us an email (info@xoxo-design.ch) send.

Once an order is packed, it cannot be cancelled or changed, but must be returned to us upon receipt. So if the ordered goods are already in shipping mode, cancellation is not possible. Please wait until you have received the goods and then send them back to us. For this you choose on our page the mail address retoure@xoxo-design.ch whereupon, after explanation/justification of the return, a return label will be sent to you by mail.

Please note that we work with a fully automated computer system, The orders are processed immediately after receipt in our system. Therefore, we regret that we can not interrupt the shipping process until delivery.

Returns of goods are exclusively registered (retoure@xoxo-design.ch) and only possible in intact original packaging and in absolutely undamaged condition. The return period for orders is basically 10 days from the date of dispatch. For returns, a copy of the delivery bill or invoice must be enclosed so that the processing can be handled in a controlled manner. The date of the postmark is decisive for the return.

Return Policy

Unfortunately, we cannot offer returns in the following cases:

- For damaged items

- If the original packaging is not present

- if accessories are missing (USB cable and base charging station)

You will receive a refund to the purchase price with the following condition:

- The item is in unopened, undamaged original packaging

Xoxo-design AG reserves the right to charge 10% of the value of the goods or at least CHF 15.00 for checks and administrative processing. Damaged or used xoxo products will not be taken back. Products nevertheless returned to us will not be returned and will be disposed of by us. Invoiced postage costs will not be credited.

A deduction (minimum 10% or minimum deduction CHR 15.-) of the refund takes place if:

- The item was opened or used

- The package is damaged

The customer is in any case responsible for packing the goods to be returned in a transportable manner. Damage/loss of the goods due to improper packaging will be charged to the customer. The risk shall not pass to xoxo-design AG until the goods have arrived at the logistics partner of xoxo-design AG (Oeschger Verpackungsservice AG, Schwimmbadstrasse 43, CH-5430 Wettingen).

Return shipping costs

The postage costs for the return of xoxo articles are generally borne by the sender. In the following cases, the return costs will be borne by xoxo-design AG:

- Upon receipt of an item other than ordered

- Upon receipt of an item not ordered

- Upon receipt of an incomplete product

Refunds and returns checks are organized independently of the EDP shipping process and can take a maximum of 7 business days to be fully resolved.

9. credit card payment  

The payment methods available for selection are published in the online store under "Payment options". Xoxo-design AG reserves the right to make a credit check if necessary.

When paying by credit card (Visa, Mastercard, Maestro) or by online service TWINT   the charge is made when the order is placed.

A payment is only considered to have been made when xoxo-design AG can dispose of the amount.

Your security against fraud and identity theft is of utmost importance to us.

All online transactions paid with a credit card are processed through secure servers of ShopfyPay (formerly Protx), so you don't have to worry. We are never in possession of any credit card details required on your part ourselves.

9.1 Purchase on account/payment conditions xoxo business customers

In case of purchase on account, the customer is obliged to pay the invoice amount within 15 calendar days after receipt of the delivery without any (discount) deduction.

If payment is not made within the above-mentioned period, the customer is in default of payment, whereby xoxo-design AG is entitled to charge interest of 5 % from the relevant date. During the period of default, xoxo-design AG is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the loss of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations arising from the contract, or if xoxo-design AG becomes aware of circumstances that are likely to reduce the customer's creditworthiness, in particular cessation of payments, pendency of composition or bankruptcy proceedings. In these cases, xoxo-design AG is entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.

10. dunning and collection fees (xoxo business customers)

If the customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed by the customer to xoxo-design AG under any title shall become due immediately (in the case of advance payment within 8 calendar days of the 1st reminder) and xoxo-design AG may immediately demand payment and cease further deliveries of products to the customer.

If the customer is in default of payment, xoxo-design AG will send the customer a reminder by e-mail, in writing or by telephone. Xoxo-design AG reserves the right to charge reminder fees for the issued reminders. In the case of unsuccessful reminders, xoxo-design AG can assign the claim to a third party company commissioned with the collection. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

11. change of the order or cancellation

Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by the customer may be accepted by xoxo-design AG at its own discretion and xoxo-design AG may charge a handling fee of 20% of the cancelled order value, but at least CHF 60.00, as well as any loss in value of the cancelled products since their order.

If after an order or the conclusion of the contract a (partial) delivery impossibility (resolving condition) occurs, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delay or failure of delivery are excluded.

12. limitation of liability

Claims for damages arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded against xoxo-design AG, its trading partners as well as against the logistics partner(s) and auxiliary persons, unless intentional or grossly negligent action is involved. Any liability for consequential damages resulting from the use of the products is rejected.

13. data protection

Xoxo-design AG is committed to the processing of customer data to comply with the applicable data protection laws in Switzerland and the Principality of Liechtenstein.... Our data protection practice is based on the legal provisions, in particular the General Data Protection Regulation (DSGVO)

14. place of jurisdiction

Zug is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.

15. final provisions

Xoxo-design AG reserves the right to change the general terms and conditions at any time.

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or the General Terms and Conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.

Zug/Oberwil, April 2023