General Terms and Conditions of Sale

  1. Scope of application

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”), as well as the Privacy Policy and legal notices regulate the relationship between the company TGG Sàrl (hereinafter referred to as “TGG” or “the Company”) and its customers and apply to all contracts concluded and purchases of products or services made (hereinafter referred to as “orders”) by a Customer on the website www.mariellabgreen.com, (hereinafter referred to as “Site”), a site owned by TGG, which reserves the right to amend the GTC. The decisive version of the GTC is the version valid at the time of the order. This version may not be changed unilaterally for the order placed.

The website www.mariellabgreen.com offers the sale of swimwear, beachwear and accessories (hereinafter referred to as “the product(s)”) bearing the trademark MariellaBGreen mare&amore, a trademark owned by TGG. The products are sold through the online boutique of the website www.mariellabgreen.com directly by TGG, a company under Swiss law, owner of the MariellaBGreen brand, with its registered office at Chemin de Charvel 4, CH-1222 Vésenaz.and registered in the commercial register of Geneva under the number CHE-316,151,729.

These GTCS apply both to the use of this website and the online shop as such and, in particular, to the purchase of products sold in the online shop. By using the website, the Customer automatically accepts the GTC. By ordering and purchasing Products from MariellaBGreen’s online shop, the Customer fully accepts these GTCS which can be saved and/or printed and can be modified by TGG at any time.

The applicable conditions are those accepted by the Customer at the time of the order. Specific conditions for the purchase of products on the website are defined below. Online product offers are only valid as long as they are visible on the website and within the limits of available stocks.

Deviating agreements require written form to be valid.

For the sale of goods by us, only these business conditions apply. Other terms and conditions, in particular, customer terms and conditions of business shall only apply if they have been accepted by us in writing.

TGG reserves the right to amend these GTC at any time. The version of the GTC in force at the time of the order in the online shop is decisive and may not be changed unilaterally for that order. The GTC are available in English and Italian. In the event of a dispute, the Italian language version shall prevail.

  1. The seller and the customer

The seller of products or services may be either TGG or a third-party partner company (hereinafter referred to as “Partner”) of TGG.

Through the Website, TGG offers the Products for sale to non-business customers as consumers over the age of eighteen (18) years with full legal capacity domiciled in Switzerland or Liechtenstein. The Products are sold at retail for strictly personal use. By ordering on the Site, the Customer declares that he/she is in full possession of his/her civil rights. Minors or persons under guardianship must, prior to any purchase, provide the written consent of their legal representative or guardian before placing an order.

In general, TGG reserves the right to refuse any orders for Products of an abnormal nature, in particular in the case of orders in quantities and/or amounts that would reasonably be considered abnormal by TGG.

2.1. Customer service of the online boutique mariellabgreen

In the event of questions relating to any order, Customers may contact MARIELLABGREEN&TGG’s customer service department via the “Contacts” link.

2.2. Customer registration

By entering their personal data required for the purchase, the Customer is liable for their correctness and completeness and is also obliged to keep their personal data secret and not make them accessible to unauthorised third parties.

Each customer is only permitted to open one registration. We reserve the right to delete any additional accounts and to admonish or exclude customers who violate the provisions set out in this paragraph or to delete or modify their contents.

2.3. Languages

MARIELLABGREEN&TGG online boutique is accessible in Italian and English.

  1. Products

The Products offered for sale on the Site are described and presented as accurately as possible (specifications, illustrations, dimensions, composition, etc.). However, it is recommended that the Customer consult the description of each Product by clicking on each Product in order to learn more about the Product in question, particularly in relation to the characteristics that the Customer is looking for, since the Customer is solely responsible for choosing and purchasing a Product. Offers of products and services published online are generally valid as long as they are visible on the Site and while stocks last. Offers are without obligation and should not be construed as binding. The illustrations on the Site are provided for information purposes only and are not binding. The information in the catalogues and explanations are to be regarded as indicative only and are not binding.

TGG reserves the right to change the assortment of its articles at any time, i.e. by removing them completely from its assortment. TGG excludes any liability for typographical errors, inaccurate or incomplete product data. TGG shall publish pictures of the individual items in the online shop trying to reproduce the original colour as closely as possible. Nevertheless, TGG excludes any liability and any guarantee for the reproduction of colours true to the original on the Customer’s computer. Product images on the website are non-contractual.

TGG disclaims any liability for any errors or inaccuracies with regard to drawings, pictures or diagrams in such catalogues or instructions.

TGG reserves the right to refuse orders for quantities of goods exceeding the usual average purchase price for one person.

The fact that the products are available in the online shop shall not constitute a guarantee for their continuous availability in the online shop or in other sales channels. TGG does not assume any risk for the properties of the products, even in the case of a purchase agreement for cheap, unbranded goods. TGG is only obliged to deliver the goods in our assortment.

If, when transmitting the order, one or more articles ordered by the Customer are no longer available, we shall unfortunately not be able to fulfil the order completely. In this case, we reserve the right to choose either to partially process the order or to reject it completely. We will send you an e-mail in this regard. In the event of non-delivery of items, any payments made in advance will be refunded. If the item(s) ordered by the customer are available, the goods are normally delivered according to the delivery schedule on the website. The stated delivery times are only approximate and therefore not binding. TGG excludes any liability for delayed delivery.

3.1. Gift cards

TGG accepts payments with gift cards. These must have been sold by TGG. Gift cards may not be subject to promotional offers.

TGG gift cards may only be used for personal use and the sale or any other lucrative use of these cards is strictly prohibited.

When ordering online on the website, this gift card is exclusively for TGG products. It is not possible to purchase products offered by a TGG partner with the TGG gift card.

  1. Prices

The prices applied are those indicated in the offer on the Site at the time the order is placed.

The Customer is informed that prices are subject to change.

Prices are indicated in Swiss Francs (CHF).

They include VAT (VAT 7.7% included, VAT number CHE-316.151.729). The prices invoiced to the Customer for the products ordered remain those that were in effect on the day the order was placed and that appear on the order confirmation. Prices do not include gift wrapping and shipping costs, which will be invoiced separately. All orders are payable in Swiss Francs.

Delivery costs are shown to the Customer on the order summary page before confirmation and payment of the order. TGG reserves the right to change their prices at any time without prior notice. We reserve the right not to deliver products for which the displayed prices are incorrect. However, we undertake to inform customers of a price difference and will offer alternative products.

Promotional offers and customer discounts are only valid until revoked by TGG. Promotional discounts offered on the Site as part of specific commercial offers cannot be combined with other discounts, unless otherwise stipulated. These promotional discounts are directly deducted from the order amount.

  1. Promotion codes and their use

A promotional code is a voucher issued by TGG that cannot be bought or sold. Promotion codes are issued by TGG as part of promotional campaigns for a limited duration.

A promotion code is systematically associated with a promotional period and may only be used during this period. TGG can decide to exclude certain items from the promotion. It is not possible to purchase gift cards with promotional vouchers. A promotional code may also depend on a minimum purchase amount.

The amount of the goods must at least be equal to the amount of the promotion code. If the amount of the goods is higher, the customer can make up the difference with one of the payment methods offered on the Site. Cash payment of a promotion code is prohibited. In the event of total or partial return of goods, no promotion code is returned. The promotion code must be used before the order is concluded. No subsequent use is permitted.

The promotion code may not be passed on to third parties.

If a promotion code is used to make a purchase, TGG reserves the right to invoice the Customer for the original price of the goods retained by the Customer if, due to the Customer’s cancellation of the order, the total value of the order is less than the amount of the promotion code.

Under no circumstances may a voucher be applied retroactively. Our customer service is at your disposal to help you use a voucher.

  1. Price guarantee

At certain times of the year, we offer sales or promotions on a selection of products. The purposes of these discounts vary, but in general the aim is to offer the product at a better price when the season ends and the chances of selling it at the normal price are reduced. It is therefore logical that by purchasing a product at a given time, a customer cannot in principle claim compensation for any price reductions on this product later. It goes without saying that in the case of a refund of an item purchased on promotion, TGG will only refund the amount of the reduced item and not the price before the promotion.

  1. Order

7.1 Order process

7.1.1 Order placed by the customer directly on the site

The Customer is invited to select the Products and place them in the shopping cart by clicking on the “add to cart” button. At any time, the Customer is invited to consult the summary of his order by clicking on the icon “view cart” available at the top right of all the pages of the MARIELLABGREEN Online Boutique. At this stage, the Customer can check the details of his order, identify any data entry errors and correct or remove the Products.

After validating the basket by clicking on the “Proceed with order” icon, the Customer is asked to choose between three (3) options

  1. identify himself with his access credentials
  2. order without creating a customer account by entering their credentials
  3. order by creating a customer account at the time of purchase

The Company cannot be held responsible for the inaccuracy of the information provided by the Customer. The customer account will give access to a personal space where the Customer can track orders and access invoices for past orders.

To conclude the order, the Customer

  • must confirm his/her/its delivery and invoicing address, or indicate a new delivery and/or invoicing address,
  • select the delivery method from those proposed (delivery times and costs vary according to the delivery method and are indicated here)
  • check the order summary and
  • must read these GTCs and explicitly accept them by ticking the box “I have read and accepted the terms and conditions” before paying for the order,
  • is then invited to pay the amount of the order by clicking on the “Place order” icon which gives access to secure payment of the order.

The sale shall be considered concluded only after it has been confirmed by MARIELLABGREEN&TGG or one of its Partners by sending an email confirming the acceptance of the order to the email address provided by the Customer, who formally accepts the use of email for the confirmation of the order by TGG.

TGG reserves the right to refuse to honour a Customer’s order if it appears abnormal, excessive or in breach of the provisions of the GTC. Similarly, TGG shall not be liable if the administrative and/or technical processing of an order on the Website is interrupted by a virus, a computer bug, unauthorised human intervention or any other cause beyond TGG’s control, or if there is a suspicion of fraud, or in case of any form of fraud, committed in particular by means of computer, in which case TGG reserves the right to terminate or cancel the pending order. In such cases, the Customer shall be informed by e-mail of the cancellation of the order and shall be reimbursed the price paid prior to the cancellation of the order.

7.2. Product availability

The Products are offered within the limits of available stocks. Statements on the availability of the Products are provided when placing an order on the Product page. If, despite TGG’s vigilance, the ordered Products are no longer available, TGG informs the Customer by any means (e.g. by phone or e-mail). In case of unavailability of one or more Products, no debit shall be made from the Customer’s bank account for the unavailable Product(s) and, if a payment of the Customer has already been processed, the Customer shall be reimbursed for a part of the payment corresponding to the unavailable Product(s).

7.3. Order cancellation

Once the order has been finalised, the Customer may not change his order. With or without the creation of a Customer account, the Customer always has the option of exercising his right of cancellation, the terms of which are set out in Article 12 below.

  1. Contract

8.1. The presentation of products in the online shop is only a non-binding online catalogue. This presentation does not constitute a legally binding offer.

8.2. By clicking the “Send order” button, you express your firm intention to place an order for the goods in your shopping cart.

8.3. The placing of an order is immediately followed by a message confirming receipt of the order. However, this message does not constitute acceptance of the contract. We accept the order by sending an acceptance message or by delivering the goods.

Receipt of the order confirmation does not imply any guarantee that the product is also actually available or can be delivered.

In the case of advance payment, the sales contract is concluded when the seller confirms receipt of the advance payment.

8.4. We reserve the right to accept the Customer’s order, as we are not obliged to conclude a contract under it. The order may also be rejected if the Customer’s account indicates that credit collection measures had to be taken for one of the orders due to delayed payment or non-payment. TGG may also reject the order and not accept any future orders when the percentage of returned items is too high and, despite corresponding information in this regard, the situation does not improve.

The cancellation of orders shall be communicated by e-mail.

8.5. Only the delivery of the ordered goods constitutes acceptance of the order. In this respect, you shall receive an e-mail confirming the dispatch of the goods from the carrier. The purchase contract only becomes valid upon receipt of this email or by delivery of the goods.

8.6. If in the course of the business transactions a violation of these GTC should result on the part of the customer, TGG reserves the right to prevent you from using the online shop immediately and without notice.

  1. Order

An order only becomes effective after acceptance of the order by TGG or the Partner. The placing of an order by the Customer implies full and unrestricted acceptance of these GTC to the exclusion of any other terms or conditions. In particular, the conditions governing sales in spas, boutiques, showrooms, ateliers, corner stores and hotels do not apply to orders placed on the Site. TGG and/or the Partner reserve the right to reject a Customer’s orders at our discretion, without giving reasons. In this case, the Customer is informed of the refusal and any payments already made are refunded. We may refuse an order due to unauthorised payment; when a product is not in our stock or does not meet our quality control standards and must therefore be removed; or when the customer does not meet the criteria set out in our GTC; or if an item is ordered in a quantity exceeding the usual household quantity.

  1. Payment

10.1. Products shall be paid for in swiss francs or euros

The Customer shall also be responsible for all compulsory taxes and duties and any bank charges, which shall always be borne by the Customer.

The invoiced price shall be the price stated on the order confirmation sent to the Customer.

With the exception of Partner offers and subject to special stipulations, for all countries, payment of the order shall be made via PayPal (the Customer’s bank details or credit card data shall be stored with PayPal after registration).

Customers have to be aware that – depending on the agreements concluded between the Customer and his credit or other institutions – additional fees may be charged to him or her for credit transfers, account etc. for which TGG is not liable.

TGG reserves the right to permit the use of only one of the payment methods and may exclude individual payment methods without further justification, in general or for individual customers.

All payment transactions are carried out in the secure area (https://) according to the highest possible security standard. The data recorded by TGG constitute evidence of all transactions between TGG and its customers. The data recorded by the payment system constitute proof of the financial transactions. The order is charged to the card used for payment at the time of the order. In case of partial delivery, only the products delivered and the shipping costs shall be charged to the card.

In case of late payment, non-payment or lack of coverage for purchases made with a credit card, TGG reserves the right to prevent the use of the online shop.

The possibility to proceed to offset outstanding payments of the Customer and claims of the Customer against TGG is excluded.

The payment shall be considered final after sending of the respective confirmation by the issuer. In case of refusal of payment by the bank, the order shall be automatically rejected and TGG shall be released from all obligations and liabilities towards the Customer.

The Customer has the possibility to request an invoice by contacting customer service.

10.2. “TWINT” payment method

The TWINT payment function is only valid for customers based in Switzerland and offers the possibility to pay via smartphone with an app.

10.3. Payment terms

All payments are secure through our partner PayPal.

For credit card payments no card data is processed or recorded directly by TGG. Customer data is processed at the transaction partner. During a refund, we can then almost instantly credit the transaction to this same payment method. The Customer may also pay for his order by bank transfer upon request. When choosing this means of payment, we advise the customer to make the transfer as soon as possible using the information received by email, not forgetting to mention the reference number in the space provided. Upon receipt of payment, we will send the parcel the same day. TGG only reserves the outstanding order for 3 working days. The Customer shall, in case of payment by bank transfer, make its payment within three working days after receipt of the order confirmation email.

10.4. Retention of title

Until full payment for the items, we shall in all cases retain ownership of the delivered goods.

  1. Delivery and receipt of products

11.1. Terms of delivery

Through the Website, TGG offers the Products for sale to Customers domiciled in Switzerland or Liechtenstein. However, TGG delivers to many countries beyond Switzerland and Liechtenstein, i.e. Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, Finland, metropolitan France, Greece, Germany, Ireland, Italy, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Poland, Portugal (except Madeira and the Azores), Romania, Slovakia, Slovenia, Spain (except the Canary Islands, Ceuta and Melilla), Sweden, the United Kingdom and Dubai at different rates.

11.2. TGG delivers the ordered Products to the delivery address indicated by the Customer (the “Delivery Address”) according to the delivery option selected by the Customer when placing the order. For detailed information on delivery options and costs, please refer to the appropriate SHIPPING section in the footer of the Site’s home page.

The Customer must imperatively indicate a delivery address.

If a Customer does not collect the ordered goods on the agreed or specified delivery date, TGG or the Partner shall retain ownership of the goods and may reserve the right to invoice the Customer not only for the price of the ordered goods, but also for the delivery costs incurred and/or any loss in value.

TGG shall not deliver if payment in full for the order is not possible.

The Customer shall bear the consequences (delay in delivery, impossibility of delivery, Products returned to MARIELLABGREEN&TGG, additional transport costs, etc.) resulting from any incorrect and/or incomplete delivery information provided by the Customer and/or the Customer’s absence at the time of delivery.

TGG shall use its best efforts to ship the Products to the Customer as soon as possible after the order has been placed by the Customer, in accordance with the delivery option selected by the Customer when placing the order. Notwithstanding the foregoing, in any event, delivery shall not exceed thirty (30) working days from receipt of the order confirmation, subject to the availability of the same as indicated to the Customer at the time of the order. In the event of absence or delay in delivery, the Customer must contact Customer Service as soon as possible via the “Contacts” section in the footer of the Site’s home page. In case of late delivery, the Customer may request a new estimated delivery date or cancel the order and receive a full refund.

Packages are generally dispatched within 48 hours after receipt of payment. Products are delivered to the address indicated by the consumer in the order form. This deadline is indicative and not binding on the Company.

The consumer is obliged to check the condition of the packaging of the goods upon delivery and to report the damage to the carrier on the delivery note, as well as to the Company, within one week.

We reserve the right to divide an order into several packages or to combine several orders in the same package with the same delivery address.

11.3. Availability and delivery times

The delivery times indicated when validating the order are purely indicative. They start to run from the order, respectively upon receipt of payment.

We undertake to process the Customer’s order within two (2) working days provided that all items ordered are in our central warehouse. Some products may not be in our central warehouse, in which case it takes an additional two to three (2.3) days for the order to be dispatched. This deadline is indicative and not binding on the Company.

Depending on the availability of certain items in one of our remote warehouses or due to sales periods, additional delivery times may occur. For this reason, all information regarding delivery times is provided for information purposes only and may be changed at any time.

In the case of sending in several packages, the delivery time is extended until the customer has received all products ordered.

If we cannot meet the provisional delivery date, the customer has the right to cancel the order in writing to customer service.

11.4. Shipping information

All shipments are made at a cost to the Customer of CHF 10 via Planzer courier for Switzerland (which undertakes to deliver within 1 business day and for the terms and conditions of which you can visit www.planzer.ch) and at a cost of CHF 30 for the Customer via DHL courier for Europe (which undertakes to deliver within 1 business day and for the terms and conditions of which you can visit www.dhl.com).

TGG reserves the right to use another courier at any time.

11.5. Receipt of the products

The risks associated with the Products are transferred to the Customer at the time of delivery, i.e. when the Customer (or any third party appointed by the Customer) physically takes possession of the Products in question.

At the time of delivery, the Customer must check the conformity and status of his order in the presence of the carrier and make any necessary reservations regarding apparent defects (missing product, damaged parcel). It is also up to the Customer (or a third party appointed by him) to check the number and state of the Products at the time of delivery by the carrier.

If the package received is opened or obviously damaged, or if any of the Products contained in the package are damaged or missing or do not correspond to the order, the Customer (or any third party nominated by him) must refuse the package or Products in question and make the usual reservations in writing, on the carrier’s delivery note, in as much detail as possible (open package, damaged or missing package(s) or item(s) not corresponding to the order, etc.).

In any case, the Customer also undertakes to immediately notify TGG thereof via the “Contact” section, in order to allow TGG to carry out an investigation with the carrier and/or to recourse against the carrier within the terms provided by applicable law, where appropriate.

If a Product is missing or is refused or returned by the Customer under the circumstances described above, TGG shall refund the Product(s) in question within thirty (30) days or return the damaged or missing Product(s).

If the Customer does not take possession of the goods, the risk shall pass to the Customer upon return of the goods to TGG.

If the Customer returns the goods to TGG, the risk shall be borne by the Customer until receipt of the goods by TGG.

It should be noted that the aforementioned provisions do not preclude the right of withdrawal of the Customer as set forth in Article 12 below, nor the benefit of the legal guarantees provided by the Customer as set forth in Article 12 below.

11.6. Change of address or name

Please notify us of any change of address or name before placing an order in order to ensure proper delivery of your order.

  1. Right of withdrawal and return policy

Satisfied or reimbursed: The Customer benefits from a right of withdrawal that allows the return of Products to TGG, without any reasons, under the following conditions.

The Customer has the possibility, without any justification, to withdraw its order within a period of fourteen (14) calendar days from the day of receipt of the ordered Products, with the date indicated on the courier receipt signed by the Customer providing proof thereof. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next business day.

For any other reason for return other than the right of withdrawal (non-conforming or damaged product, error in the contents of the order, etc.), the Customer is invited to contact the Company’s customer service department, which will provide the necessary information to meet this request as soon as possible and to make another delivery if necessary.

The cost of returning the goods shall be borne by the Customer.

12.1. Exclusions

However, for reasons of health and hygiene, TGG cannot accept the return of all Products: lingerie and swimwear Products cannot be returned if they have been worn by the Customer.

12.2. In order to exercise the right of withdrawal, the Customer may notify TGG of its decision to withdraw by contacting Customer Services via the “Contacts” link or by sending an unequivocal declaration expressing the intention to withdraw to TGG by e-mail or post. Such declaration shall be sent together with information on the returned items and quantities as well as the name, postal address, order number and, if possible, the telephone number and e-mail address of the Customer. Notifications shall be sent by email to cs@mariellabgreen.com

or by post to the following address:

CUSTOMER SERVICE

The Green Group Sàrl
Chemin de Charvel 4,
CH-1222 Vésenaz
Switzerland

In order to return the Product(s), the Customer must return the goods at his or her own expense, within a period of fourteen (14) days from the date of notification of his or her decision to take back the Product(s). The refund shall be made by the same means of payment as the original payment. 2 (two) to 30 (thirty) days (depending on the circumstances) after receipt of the goods by the Company.

12.3. Conditions for return

Items purchased from TGG may be returned within 5 (five) calendar days after the order with the date indicated on the carrier’s receipt signed by the Customer as proof and provided that the items are unused, clean and undamaged, undamaged, with label or proof of purchase and packed in their original packaging. Items that are not intact, dirty and have suffered damage attributable to the Customer in general are not accepted and the Company will not reimburse the Customer.

The return of products purchased on the Site must be carried out according to the conditions set out on the Site.

In the case of returning goods, the shipping costs as well as the shipping risk are borne by the Customer. Goods may be returned by post.

In the case of a return by post, the package must be sent to the following address:

The Green Group Sàrl
Chemin de Charvel 4
CH-1222 Vésenaz
Switzerland

The Customer shall send a copy of the shipping document by email.

Each Product must be returned new, in perfect condition, with all labels and in its original packaging. In case of alteration of the Product resulting from handling other than what is necessary to establish the nature and/or conformity of the Product, the characteristics or the proper functioning of the Product, TGG reserves the right to refuse a refund or replacement of the Product.

After receipt of the goods, TGG checks the good condition of the goods and, if necessary, decides on a refund. As soon as the distribution centre has received and verified the return, the refund shall be credited to the same means of payment used by the Customer to pay for his order.

Shipping costs in case of a return shall be borne by the Customer.

TGG shall not make any refund if the Products returned by the Customer do not correspond to those ordered or have a different origin from the Site.

The Products purchased online cannot be returned to a MARIELLABGREEN&TGG boutique or to any MARIELLABGREEN&TGG shop.

  1. Order refund

TGG shall refund the Products returned in accordance with the conditions set out in clauses 11, 12, 12.1, 12.2, 12.3 as well as the Delivery Charges paid by the Customer when placing the initial order (but not the Return Charges) , by crediting the bank card or the online payment method used to make the payment. In case of partial return of Products, the Delivery Charges shall not be reimbursed by TGG.

The refund shall be made by TGG within a maximum period of thirty (30) days from the date TGG receives the returned goods.

  1. Refund for return

Refunds shall only be made in the same manner as payment for the purchase and therefore cannot be in the form of cash. If the payment method selected when completing the order is no longer available (whether Twint, credit card or other), the Customer will receive the amount of the return in the form of a gift card. If the Customer placed the order in a spa, boutique, corner store or hotel and paid at the checkout directly, the conditions of the spa, boutique, corner store or hotel shall apply.

  1. After-sales service

No claim shall be taken into consideration and no replacement of the Products ordered in the MARIELLABGREEN online Boutique shall be made in a MARIELLABGREEN brand boutique or in a shop where the Products are sold under the MARIELLABGREEN brand.

  1. Limitation of liability

TGG shall not be liable for the non-performance of any of its obligations if the non-performance of the contract is due to an event of force majeure, or an act or omission of the Customer or an unforeseeable and insurmountable act of a third party or an obstacle beyond TGG’s control which TGG could not reasonably foresee at the time of the conclusion of the contract with the Customer and the consequences of which TGG cannot reasonably avoid or overcome.

TGG shall not be liable for non-compliance with the washing instructions of the products. Please note that each product has a label with washing instructions and is to be used for the purpose for which it was created.

  1. Replacements, returns, warranty services and complaints

Complaints in connection with defective goods and/or incomplete services as well as returns shall exclusively be submitted by the Customer directly to TGG and the Partner in accordance with the respective terms and conditions, at the latest within 5 (five) calendar days after receipt. The Customer shall agree the details of the procedure with TGG or the Partner. The existence of such disputes does not release the Customer from the obligation to pay the entire invoice or the entire value of the object of dispute. If the payment method selected during the completion of the order is no longer available (whether Twint, credit card or other), the Customer shall receive the amount of the return in the form of a gift card.

If the Customer has placed the order at a Partner (corner shop, spa, boutique or hotel) and paid at the checkout directly in the shop, the refund shall take place according to the Partner’s GTC.

It is the responsibility of the Customer to check the goods upon delivery and to complain about defects or problems. It is up to the customer to check the goods upon receipt and to report any defects or deviations from his order.

In principle, any items returned incomplete, damaged or soiled will not be taken back. Shipping costs in the event of a return of goods shall be borne by the Customer.

  1. Termination clause

The total or partial non-performance by the Customer of one of its obligations and the non-observance of a payment deadline shall put TGG in the position of: being able to demand payment of the amount due, suspend all deliveries, withdraw from the current contract.

  1. Applicable law / disputes

These GTC shall be governed by Swiss law.

All disputes in connection with these GTC shall fall under the exclusive jurisdiction of the ordinary courts of Geneva, with the exception of appeals to the Federal Supreme Court.

  1. Contacts / customer service

Do you have a question? Contact us on WhatsApp at +41 766 135 983 (Monday – Saturday 09:00 – 18:00 GMT+1) or write to our customer service at cs@mariellabgreen.com and we will be happy to serve you!

Address:
TGG SA
Chemin de Charvel 4
CH-1222 Geneva
Switzerland

  1. General terms and conditions for the use of customer ratings and reviews

This document governs the conduct of the Customer with respect to Ratings.

By submitting ratings or other messages on the Site, the Customer warrants that:

  • is the sole and exclusive author and owner of the intellectual property rights to the content;
  • he/she voluntarily waives any ‘moral rights’ he/she may have in the content;
  • all content submitted is accurate;
  • use of the content provided does not violate these Terms of Use and will not cause harm to any person or entity;
  • he/she assumes full responsibility for the content of his/her contribution, for which TGG and/or Partners have no liability.

Furthermore, the Customer agrees not to submit content

  • deemed to be false, inaccurate or misleading
  • that violates copyrights, patents, trademarks, trade secrets or other proprietary rights or rights of publicity or privacy of third parties;
  • that violates any law, statute, ordinance or regulation (including but not limited to consumer protection, unfair competition, anti-discrimination or false advertising laws)
  • which are, or may reasonably be considered to be, defamatory, inciting hatred or racially or religiously offensive, threatening or harassing to any person or business
  • for which the customer has received compensation or remuneration from unauthorised third parties;
  • which include information referring to other websites, private addresses, e-mail addresses, contact information or telephone numbers;
  • that contain computer viruses, worms or other programs or files that are potentially harmful to computers.

The customer agrees to release TGG and the Partners (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third party service providers) from any and all claims, demands or damages (actual and consequential) of any kind and nature whatsoever, including any reasonable legal fees that TGG and/or the Partners may incur as a result of TGG’s and/or the Partners’ failure to comply with the above undertakings and warranties or as a result of the user’s violation of any law or the rights of third parties.

All content submitted by the customer may be used at the sole discretion of TGG, which also reserves the right to edit, condense or delete any content on TGG’s website if TGG deems, in its sole discretion, that such content violates the content guidelines or any other clause of these Terms of Use.

TGG does not grant the right to edit or delete any submitted content.

Any evaluations and written comments are generally published within 2.4 (two, four) working days subject to the aforementioned. None of the submitted content may be subject to any confidentiality obligations on the part of TGG or the Partners.

  1. Legal warranties

22.1. Conformity and hidden defects

TGG is bound by the legal guarantees regarding conformity and defects of the sold Product: We therefore assume the guarantee for the absence of hidden defects of the delivered goods for a period of 2 (two) years from the date of purchase. Therefore, the legal warranty for defective products applies. We expressly reserve the right, in the event of reported and proven defects of the purchased item, to deliver a replacement item free of defects within the limits of available stock.

Articles covered by warranty are subject to the conditions of the offer valid at the time of purchase. The invoice serves as a guarantee; we ask you to ask for it and keep it carefully.

22.2. Exclusion of warranty

If the Products returned by the Customer do not correspond to those ordered or come from a place other than the Site, TGG shall not be bound by the obligations described in Articles 22 and 22.1 above.

It is clarified that legal guarantees do not cover damage or defects resulting from external causes (accidents, shocks, etc.) or from improper or non-compliant use of the Products by the Customer with respect to their characteristics.

Similarly, this clause does not apply if the Products were not purchased on the Site, as the legal guarantees are binding on the seller from whom the Products were purchased.

The guarantee does not cover normal wear and tear, as well as the consequences of improper use, non-compliance with the instructions for use, poor maintenance of the product or deterioration by the customer, as well as defects attributable to external circumstances. In particular, worn, soiled or damaged items are excluded from the guarantee.

  1. Personal data

TGG invites the Customer to consult the section “Privacy” by clicking on the relevant footer on the home page for further information on how TGG processes personal data and on the Customer’s rights in connection therewith.

  1. Data protection and accuracy

For all means of payment, the Customer undertakes to provide accurate and correct data. The use of false data or the misuse of identity is considered fraud and is punishable under Article 146, respectively Article 147 of the SCC and will be prosecuted.

All customer data shall be treated strictly confidentially and we undertake to comply with the ethical rules issued by the ASVPC as well as current legislation, in particular with regard to data protection.

The data collected will be used exclusively for order processing, customer communication, business planning and evaluation, and marketing purposes, as well as for the planning and development of services for customers and the development of tailor-made offers for them. By subscribing to the newsletter, the customer agrees that he/she will be regularly informed about offers and that his/her data will also be used in this way. At any time the customer can contact customer service to be unsubscribed from the newsletter.

Further information on data processing can be found in our ‘Privacy Policy’.

  1. Intellectual property

TGG is the owner of the domain name ‘www.mariellabgreen.com‘. The Website is a creation of the mind protected by intellectual property laws. The Website as a whole and the products sold on it, as well as all associated intellectual property (such as texts, site maps, programs, databases, animations, photographs, illustrations, sounds, colour codes, diagrams, logos, trademarks and designs) are the exclusive property of TGG, which is exclusively entitled to use the relevant intellectual property rights.

The use of all or part of the website, including downloading, reproduction, transmission, presentation or distribution, for purposes other than personal and private, commercial or other use is strictly prohibited. In the event of non-compliance with these provisions, the sanctions provided for by law will be applied.

When you use a “Share” function on the Website to share a product, event or message from TGG or mariellabgreen, you acknowledge and agree that the content available for sharing is to be used for purely personal purposes only, excluding any commercial use on websites or web pages and/or other commercial digital media.

The creation of hyperlinks to the Website requires the prior written consent of TGG, which may be revoked at any time.

Not all websites with a hyperlink to the Website are under the control of TGG, which therefore disclaims any liability (especially editorial liability) with regard to access to such websites and their content.

TGG is free to change the content of the Website at any time and without prior notice.

  1. Newsletter

The newsletter is sent to customers only if expressly requested. Subscription to the newsletter can be cancelled at any time.

Details on this can be found in the Privacy Policy.

  1. Scope and law of application

These conditions are subject to Swiss law.

We reserve the right to amend these GTC at any time.

Last updated: 29.03.2023

Impressum:

The Green Group Sàrl
Chemin de Charvel 4
CH-1222 Vésenaz
Switzerland

Tel +41 (0)766 135 983
Email: info@mariellabgreen.com

CEO: Mariella B. Green

Company governed by Swiss law, registered in the Commercial Register of Geneva, VAT number CHE-316.151.729