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General Terms of Service

Genki S.A. (Genki Corp.)

Commercial Terms of Service

 

 

  1. Purpose and scope of these ToS

The general Terms of Service (hereinafter referred to as “ToS”) regulate the relationship between Genki Corp. S.A. (hereinafter referred to as “Genki Corp.”, “We”, “Us” and “Our”) and the customer (hereinafter referred to as “the Customer”, “the Purchaser”, “You” and “Your”)[1] . These ToS are an integral part of every contract between Genki Corp. and the Customer.

 

  1. Offer

The prices specified in our offers and order confirmations are fixed and valid, subject to errors and technical changes. The price before promotion refers to the manufacturer's recommended price or to a previous sales price of Genki Corp. The delivery dates that may be indicated are non-binding information, linked to our suppliers or manufacturers. We do our best to provide You with the information We receive in a timely manner.

 

  1. Collection

The Customer can collect the items in stock directly from our premises, after receiving confirmation of the order and making an appointment, during the opening hours of the logistics department. Items ordered in advance shall be given priority and can be collected immediately. The Customer can obtain a detailed view of the desired item on our website and thus find out whether the item is available. However, a confirmation by phone or email shall be made, especially in case of stock error of the website.

 

  1. Delivery and shipping costs

Items that are in stock are usually dispatched within 2 working days. If the Customer places an order before 5 p.m., the goods shall be dispatched within 72 hours at the latest. Delays in delivery do not entitle the Customer to claim damages and/or to withdraw from the contract. The risk is transferred to the Customer on handover of the shipment to the person carrying out the transport. All products ordered shall be delivered to the address indicated by the Customer. The flat rate costs for cash on delivery orders, express deliveries, evening deliveries and Saturday deliveries shall be borne by the Customer.

Free delivery is only possible in Switzerland, starting from a minimum amount of CHF 300.00 per order. Unless otherwise specified by the Customer at the time of ordering, Genki Corp. reserves the right to make full or partial deliveries at its discretion. For orders of less than CHF 300.00, an administrative surcharge of CHF 9.40 per shipment shall be charged.

 

  1. Payment 

All orders are payable before delivery. We offer deferred payment services on request, once Your account has been validated by Our bank insurance. All deliveries outside of Switzerland are pre-paid.

In the event of a negotiated payment term and failure to comply with said term, Genki Corp. reserves the right to charge the legal fees & interest related to this delay.

 

  1. Services

 

        Drop-shipping: For volume and cost reasons, We do not drop-shop.

 

        Rackjobbing: Depending on the capacity of Your premises, a rackjobbing service is possible. You gain a right of return on all goods (*), as long as We manage the assortment of Your shelves.

        Reservations: We may order an item that is not in stock and/or in the catalogue. If this is the case, no return, under any circumstances, shall be accepted. Similarly, an article previously ordered and arriving in stock, remains reserved and at Your disposal for a maximum of one week. After this period and after having contacted You, We shall send You the product at Your expense, even if You have not placed any other order.

 

  1. Return and exchange

There is no general right of exchange or return. A return is only possible after agreement with Your sales representative, if the goods and the original packaging are in good condition, the packaging has not been opened and the goods have not been used.

The return shall be made at the daily rate, or at most, at the amount paid by the Customer. The value of the goods shall be offset against a credit note. In all cases, in the case of an exchange or return, an administrative surcharge of 5% of the credit note shall be levied to compensate for the costs of restocking the goods. Any shipping costs incurred as well as any additional costs shall not be refunded.

        Return formalities :

Unless otherwise commercially agreed, DVD/CD/BluRay & books shall be accepted for return, with the exception of limited editions of certain books (specified at the time of sale). DVD/CD/BluRay media products must be returned in their original sealed packaging and free of any labels or tags/anti-theft devices.

The right of return is limited to one year after the official release date of the product.

In addition, Genki Corp. retains the right to revoke the right of return at any time if the Customer simultaneously purchases the same products from another supplier, or any product of the same brand as the returned product.

In the event of breach of contract or cessation of business, the Customer shall immediately lose any right of return. A return considered as «Abusive» (exceeded deadlines, damaged goods, late payments...) may potentially be accepted by Genki Corp. upon consultation of the Customer's return request, according to adapted return conditions (re-evaluation of the return price, malus etc).

        Return credit:

After the return has been validated and received, Genki Corp. shall issue a credit note that can be used on any future order of the Customer. The credit note cannot be used to offset invoices already issued (or overdue). Furthermore, no monetary refund can be claimed in exchange for a credit note.

        As a rule, no returns are accepted for the following articles

 

-          products that have not been purchased from Genki Corp;

-          products partly purchased from Genki Corp (purchase from other suppliers);

-          used products;

-          products damaged or whose packaging has been damaged by the Customer or during the return transport (the Customer remains responsible for the transport of His/Her products)

-          supply products (items that have been ordered at the Customer's request).

-          software and licences ;

-          stuffed toys and any form of unwrapped textile (mainly for hygiene reasons);

-          unpacked consumer items (packs of cards, figures sold by the set, etc.).

 

  1. Warranty

Genki Corp. delivers only new products. Used items or display models are specifically designated as such and displayed. Genki Corp. does not offer any warranty and accepts no responsibility for the ability of these goods to fulfil the purposes set by the Customer or for their functionality within a computer system. The Customer's right to make claims is limited to the scope of the warranty offered by the manufacturer. No warranty is given for technical interventions and defects that are due to improper handling and external influences (moisture, water, shocks, etc[2] .).

 

-          Unless otherwise stated, Genki Corp. offers a warranty of 2 weeks from the date of receipt for all new equipment, except for batteries, software, wearing parts and packaging. In the event of a defect and/or failure, for which there is no warranty, the Purchaser shall be responsible for the cost of any diagnosis and associated expenses. After this warranty period, items with a longer warranty are still covered by the manufacturer's warranty, which is indicated on the product or the manufacturer's website. In this case, this means that Genki Corp. shall forward the items in the Customer's order to the manufacturer for repair. Any right of return or other rights are excluded in all cases.

During the warranty period, Genki Corp. reserves the right, for items that are no longer repairable or available, to provide a replacement item that technically has the same value or to grant a credit note taking into account the depreciation of the product on the market and over time, to fulfil the warranty claim.

-          The decision to repair or replace a device rests with Genki Corp. The Customer is not entitled to entrust a repair to any third party. In such a case, there is no right to a refund. Replaced or exchanged items do not entitle the Customer to an extension of the warranty period. The warranty period always refers to the date of the original purchase. Genki Corp. excludes any liability for loss of data on defective hard drives, USB sticks or other storage media. For proper protection, the Customer is personally responsible.

Any other warranty provisions, e.g. on the packaging, are valid in the country of manufacture. It is not possible to enforce these warranty provisions, which are thus considered void. Genki Corp. is not liable for any direct or indirect damage or financial loss resulting from a defect or improper handling. In the case of software, the responsibility for compliance with the provisions of the licence lies with the Customer. In the event of a warranty claim, products can be returned to Our head office in Aclens.

 

  1. Claims for defects

 

In the event of technical problems, first read the operating instructions provided in printed or electronic form. If necessary, the Genki Corp. hotline can be contacted. For returns, a return merchandise authorization number (RMA number) is required. Any claims regarding defective goods on arrival must be made in writing within 3 days of the date of receipt of the goods. In such a case, adequate and detailed photographs must be taken and forwarded to Genki Corp. to enable Genki Corp. to file a claim with the carrier.

In case of a defect during the warranty period, the Customer must return the product together with the original receipt of payment and a precise description of the defect as soon as it is discovered, to the RMA department of Genki Corp. In case of shipment, the product must be returned to Genki Corp. either in its original packaging or in a suitable packaging. Otherwise, they shall no longer benefit from the warranty.

 

9.1 Special conditions: sale of «Funko POP! figures

-           No claim or compensation shall be accepted if You have received a damaged package without refusing it and its contents are damaged or deteriorated. We do our utmost to pack the figurines as well as We can to avoid any damage during transport. Therefore, We cannot be held responsible if Your package is mishandled by the carrier.

 

If a parcel seems damaged: PLEASE REFUSE IT. It shall then be returned to Us and We shall be able to use the transport insurance which shall ensure that a new order shall be sent to You or that the previous one shall be refunded (if no longer available).

The packaging of the POPs is fragile. It is impossible to warrant that the box of the product You receive shall be perfectly intact. Of course, if the box is too damaged at the outset, it shall, at the very least, bear the mention «damaged packaging[3] « in the title.

We remind You that We sell figures and not boxes.

We also remind You that these figures are manufactured on a production line and not hand-painted. We do our best to detect the biggest visible defects through the «Window box» before sending in order to warn You and if We notice a REALLY unsightly defect ask You if the condition is satisfactory.

No refund or compensation shall be given for the fact that the box containing the figure or the painting of the figure does not meet 100% of Your aesthetic criteria.

-          The photos illustrating the POP figures are not contractual. In the case of exclusive or rare figures, the photo shown is the one We received from the manufacturer. It often happens that the «Special Edition» sticker is different from the one on the original photo. Other differences may unfortunately occur, for which We cannot be held responsible.

 

 

IMPORTANT - due to currency fluctuations and customs issues, We no longer open B2B accounts outside of Switzerland (03.05.18)

Thank You for Your understanding.

 

 

Last updated on 21.11.22