General Terms & Conditions

PengKing Switzerland – Terms and Conditions

These Terms and Conditions (“Terms”) apply to all purchases made through www.pengking.ch by consumers (“you”, “your”, “customer”).

The website is operated by PengKing Switzerland (“PengKing”, “we”, “us”, “our”). By placing an order through our website, you agree to these Terms.

Store Policy Notice: These Terms operate alongside any mandatory consumer rights that apply under Swiss law or the laws of your country of residence. Nothing in these Terms limits or excludes rights that cannot legally be limited.

1. Scope

These Terms govern the sale of all products (“Products”) offered for sale through www.pengking.ch.

Where mandatory consumer protection legislation provides you with greater rights than these Terms, those legal rights will always prevail.

2. Eligibility

By placing an order you confirm that:

you are at least 18 years old (or the legal age required to purchase CBD products where you reside);
you are legally capable of entering into a binding contract;
all information you provide is accurate, complete and current.

3. Definitions

Order – your request to purchase Products submitted through our website.

Dispatch – when your parcel has been handed to our delivery carrier and/or a shipping confirmation has been issued.

Products – all goods offered for sale on www.pengking.ch.

Business Day – Monday to Friday, excluding Swiss public holidays.

4. Product Information

We make every effort to ensure that all product descriptions, photographs, specifications and prices are accurate.

However:

product photographs are for illustration purposes only;
packaging or labelling may occasionally differ;
typographical or technical errors may occur.

PengKing products are intended only for their stated purpose.

Our CBD products are not medicines and are not intended to diagnose, treat, cure or prevent any disease.

Customers are responsible for ensuring that Products are legal to possess or import in their destination country.

If an obvious pricing or product error occurs, we reserve the right to cancel the order and issue a full refund.

Please also read our Product Disclaimer.

5. Orders and Contract Formation

Placing an order constitutes an offer to purchase Products.

A contract is formed only when:

we accept your order; and/or
your Products are dispatched.

We reserve the right to refuse or cancel orders for legitimate reasons, including but not limited to:

suspected fraud;
payment verification failure;
pricing errors;
stock shortages;
delivery restrictions;
suspected commercial resale.

6. Prices, Taxes and Promotions

All prices displayed on www.pengking.ch are shown in Swiss Francs (CHF) unless otherwise stated.

Where applicable, prices include Swiss VAT.

Shipping costs are displayed before checkout.

Discount codes and promotional offers:

cannot be combined unless stated;
may have expiry dates;
may exclude selected products.

7. Delivery

We deliver to the countries displayed during checkout.

Estimated delivery times are provided as guidance only and are not guaranteed.

Ownership and risk transfer to you once the Products are delivered to the address supplied.

7.1 Delivery Address

Please ensure your delivery information is accurate.

We cannot accept responsibility for delays or losses caused by incorrect address information.

7.2 Address Changes

If you need to amend your delivery address after ordering, contact us immediately.

Although we will do our best to help, changes cannot be guaranteed once processing has begun.

Returned parcels caused by incorrect customer information may incur additional shipping charges before being resent.

7.3 Refused or Uncollected Deliveries

If an order is refused or remains uncollected and is returned to us, we may refund the purchase price after receipt of the returned parcel.

We reserve the right to deduct any direct costs incurred, including:

carrier return fees;
rehandling costs;
customs charges (where applicable).

7.4 Split Deliveries

Orders may occasionally be shipped in multiple parcels.

Where applicable, separate dispatch notifications will be provided.

7.5 Lost Parcels

If your parcel appears lost during transit, please contact our customer support team.

We will investigate with the courier and, where appropriate, arrange either:

a replacement shipment; or
a refund.

8. Order Cancellation Before Dispatch

If you wish to cancel your order before dispatch, contact us as soon as possible.

If processing has already begun (including payment verification, picking, packing, stock allocation or shipping label creation), we reserve the right to charge a processing fee of up to CHF 20 to cover handling costs, unless cancellation results from our error.

Once an order has been dispatched it cannot be cancelled and our Returns Policy will apply.

9. Returns and Refunds

Our full Returns Policy is available on the website.

9.1 Returns

Unused Products may be returned within 14 days of delivery where permitted by applicable law.

Products must be:

unopened;
unused;
in their original packaging;
suitable for resale.

For hygiene and safety reasons, we cannot accept returns of opened vape cartridges, pods, disposable devices or consumable CBD products unless they are faulty.

9.2 Return Procedure

Please contact Customer Support before returning any Product.

Include:

your order number;
the item(s) to be returned;
the reason for return.

A Return Authorisation may be required.

Returns sent without authorisation may be delayed or refused.

9.3 Return Shipping

Unless the return results from our mistake or a defective Product, customers are responsible for return shipping costs.

We strongly recommend using a tracked shipping service.

The customer remains responsible for returned Products until they are received by PengKing.

9.4 Refunds

Approved refunds will normally be processed within 10 business days after:

the returned Products are received; or
satisfactory proof of return has been provided.

Refunds are issued using the original payment method unless otherwise agreed.

10. Faulty, Damaged or Incorrect Products

Please inspect your order immediately upon delivery.

If Products are:

damaged;
defective;
incorrect;
missing;
expired;

please notify us within 7 days and provide:

your order number;
photographs of the packaging;
photographs of the Product.

We may request the Product be returned before issuing a replacement or refund.

11. Personal Use Only

Products sold through PengKing Switzerland are intended for personal use.

We reserve the right to refuse unusually large orders or orders that appear intended for resale.

12. Payment

Accepted payment methods are displayed during checkout and may include:

Visa
Mastercard
TWINT
Bank Transfer
other payment methods offered at checkout

Orders paid by bank transfer will only be processed after cleared funds are received.

13. Payment Disputes

If you experience any issue with your order, please contact our Customer Support team before initiating a payment dispute or chargeback.

14. Promotional Gifts

Free gifts and promotional items have no cash value.

Where an order is refunded, we may request that promotional items are returned in unused condition before processing the refund.

15. Communications

We may contact you regarding your order using:

email;
telephone;
customer account notifications.

You are responsible for ensuring your contact details remain accurate.

16. Reviews and Customer Content

By submitting reviews, photographs, testimonials or other content to PengKing Switzerland, you confirm that:

you own the content or have permission to share it;
it does not infringe any third-party rights.

You grant PengKing a worldwide, royalty-free licence to use this content for:

marketing;
advertising;
social media;
product pages;
customer communications.

We reserve the right to moderate or remove inappropriate content.

17. Intellectual Property

All website content, including:

logos;
product images;
branding;
graphics;
website design;
text;

remains the property of PengKing Switzerland or its licensors.

No material may be copied or reproduced without written permission.

18. Privacy

Personal information is processed in accordance with our Privacy Policy.

By using this website you agree to the collection and processing of your information as described therein.

19. Limitation of Liability

Nothing in these Terms excludes liability where exclusion is prohibited by law.

To the fullest extent permitted under Swiss law, PengKing shall not be liable for indirect or consequential losses arising from the purchase or use of our Products.

20. Customer Service

For questions, complaints or assistance, please contact our Customer Support team through the contact details provided on www.pengking.ch.

We aim to respond within a reasonable timeframe.

21. Dispute Resolution

Where possible, disputes should first be resolved directly with PengKing Switzerland.

Nothing in these Terms affects any statutory rights to pursue legal remedies available under applicable law.

22. Force Majeure

PengKing Switzerland shall not be liable for delays or failure to fulfil obligations resulting from circumstances beyond our reasonable control, including but not limited to:

natural disasters;
transport disruptions;
government actions;
customs delays;
cyber attacks;
strikes;
pandemics.

23. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24. Entire Agreement

These Terms, together with our:

Privacy Policy;
Disclaimer;
Returns Policy;
Shipping Policy;

constitute the complete agreement between you and PengKing Switzerland regarding your purchase.

25. No Waiver

Failure by PengKing Switzerland to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.

26. Account Suspension

We reserve the right to suspend or terminate customer accounts where we reasonably believe there has been:

fraudulent activity;
abuse of promotions;
excessive chargebacks;
abusive return patterns;
misuse of the website.

Where appropriate, we will attempt to contact you before taking action.

27. Changes to These Terms

We may update these Terms from time to time.

The version published on www.pengking.ch at the time your order is placed shall apply to that purchase