These General Terms and Conditions apply to the Shopper's visit, use and access of the Website as well as to all other information, content, recommendations and/or services provided to the Shopper on or through the Website as well as the booking services provided by myProfashional.
„Booking Services“ or „Services“
means the services set forth in paragraph 4, which shall be provided to the Shopper by myProfashional.
means a provider of shopping services.
shall mean myProfashional Ltd., a private limited liability company incorporated and registered in Switzerland with company number CHE-418.611.866, whose registered office is at Stockerstrasse 44, 8002 Zurich, Switzerland.
Shall meanor any other website of myProfashional including online-shops and mini sites for special offers, smart device application, presence on social media, multimedia portals, etc.
Shall mean any user creating an Account that intends to or does receive the Services.
Means if either the Shopper or the Profashional doesn't show at the time and place as agreed upon.
The Shopper's access and use of the Services constitutes the Shopper's agreement to be bound by these General Terms and Conditions, which establish a contractual relationship between the Shopper and myProfashional. If the Shopper does not agree to these General Terms and Conditions, the Services of myProfashional may not be used. These General Terms and Conditions expressly supersede any prior agreements or arrangements between the Shopper and myProfashional. myProfashional may terminate these General Terms and Conditions or any services offered or generally cease offering or deny access to any of the services or parts thereof, at any time for any reason without giving reason or notice. However, myProfashional will use reasonable commercial effort to provide the Shopper with a notice thereof.
Supplemental terms may apply to certain services. Such terms will be disclosed to the Shopper in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, these General Terms and Conditions for the purposes of the applicable services. In the event of a conflict with respect to the applicable services supplemental terms shall prevail over these General Terms and Conditions.
myProfashional may amend these General Terms and Conditions from time to time. Amendments will be effective upon notification if the Shopper does not oppose by giving notice to myProfashional within 30 days.
myProfashional collects and uses personal information in connection with the services as provided in the Data Protection Policy of myProfashional which can be found at
Payments on the myProfashional Website are not handled by myProfashional but by a commissioned third party. Payments can be made by Credit card by entering the Shopper’s credit card details on the Website or by any other payment method offered by the payment provider.
Payments are processed according to the Payment, Refund & Cancellation Policy of myProfashional, which forms an integral part of these General Terms and Conditions and can be found at
Services and Bookings
myProfashional provides the Shopper with certain booking services (the "Booking Services") through a technology platform that enables users of the Website provided (Shoppers) as part of the services to book and schedule shopping advice, consulting, trips, assistance etc. with a Profashional. The Booking Services shall include but are not limited to:
Accepting bookings requested by the Shopper (which include bookings requested in advance by you using the function in the myProfashional Website or App) in accordance with sub-paragraph 4 below, but without prejudice to myProfashional's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;
Identifying suitable Profashionals;
Keeping records of bookings;
Remotely monitoring shopping trips booked using the Website;
Feedback, questions and complaints relating to bookings, may be submitted to the following email address:. The Shopper is encouraged to provide his feedback if any of the services provided by a Profashional do not conform to the Shopper's expectations.
The Booking Services are made available solely for the Shopper's personal, non-commercial use. The Shopper expressly acknowledges that the execution of the booked services is carried out by an independent third Party (Profashional) that is not employed by myProfashional.
Both, the Shopper and the Profashional expressly declare that they agree to receiving transactional emails from myProfashional, which are essential for carrying out the Services (e.g. accepting bookings, ticket codes, rating links etc.). In addition, new features, cities and all other Service-based communication will be informed via email. Shoppers and Profashionals may unsubscribe from Service-based communication or any newsletter they have signed up for but not from transactional emails.
Shopper's Contract with the Profashional
myProfashional does not provide shopping assistance and consulting. Such services are provided to the Shopper by a Profashional, a shopping expert with its own account on the myProfashional Website.
myProfashional is not a party to the Contract between the Profashional and the Shopper and acts as an agent for the Profashional in communicating the details to enable the Profashional and the Shopper to enter into a contract.
The contract between the Shopper and the Profashional is agreed upon and with the terms as specified on the Website. The Shopper will receive a booking confirmation when the Profashional accepts the request of the Shopper.
The Services are provided by myProfashional to the Shopper according to the Payment, Refund & Cancellation Policy of myProfashional. myProfashional reserves the right to introduce a service fee for the provision of the Services. If myProfashional decides to introduce such a fee, it will inform the Shopper accordingly and allow the Shopper to either continue or terminate its access to the Website at its own discretion.
The fee that applies for the booking of each Profashional is disclosed on the Website and before the contract is agreed upon. The fees may vary from Profashional to Profashional and are set by the Profashional itself. The full amount to be paid by the Shopper shall be disclosed before payment.
The Shopper understands that the use of the Services results in charges to the Shopper for the services obtained from a Profashional (“Charges”). After having received services through the Booking Services, myProfashional will execute the Shopper's payment of the applicable Charges on behalf of the Profashional as disclosed payment collection agent for the Profashional (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by the Shopper to the Profashional. Charges will be inclusive of applicable taxes where required by law. Charges paid are final and non-refundable unless otherwise communicated.
All Charges are due immediately after the services by the Profashional have been executed and payment will be executed through a third party commissioned by myProfashional on the Website. myProfashional will send a receipt to the Shopper via email.
Cancellations and No-Shows are subject to the Payment, Refund & Cancellation Policy of myProfashional, which can be found at. The Shopper expressly agrees that myProfashional has the right to introduce a charge for no-shows and cancellations.
myProfashional reserves the right to block the estimated amount to be paid by the Shopper on the Shopper's credit card or any other payment method in advance. If the estimated amount cannot be blocked, myProfashional reserves the right to refuse or cancel any booking made by the Shopper under informing the Profashional accordingly.
To use the Services, the Shopper must register for and maintain an active user Services account (“Account”) by following the instruction given on the Website. The Shopper must be at least 18 years of age to create an Account. Account registration requires the Shopper to submit certain personal information to myProfashional, such as name, address, age, gender, email, additional information etc. The Shopper agrees to maintain accurate, complete, and up-to-date information in its Account. The Shopper's failure to maintain accurate, complete, and up-to-date Account information may result in his inability to access and use the Services. The Shopper is responsible for all activity that occurs under its Account, and the Shopper agrees to maintain the security and secrecy of the Account username and password at all times.
Any Shopper may only have one Account and may not authorize third parties to use its Account. The Account cannot be assigned or otherwise transferred to any other person.
The Shopper may be asked to provide proof of identity and age verification to access or use the Services, and the Shopper agree that access to the use of the Services may be denied if the Shopper refuses to provide the needed information.
The Shopper may, upon availability of such a functionality, submit, upload, publish or otherwise make available to myProfashional textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, etc. (“User Content”). Any User Content provided remains the Shopper's property. However, by providing User Content to myProfashional, the Shopper grants myProfashional a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and on third-party sites and services), without further notice to or consent from the Shopper, and without the requirement of payment to the Shopper or any other person or entity.
The Shopper represents and warrants that he is the sole owner of all User Content or has all rights, licenses, consents and releases necessary to grant myProfashional the license to the User Content as set out hereinabove.
The Shopper agrees to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by myProfashional in its sole discretion, whether or not such material may be protected by law. MyProfashional may, but shall not be obligated to, review, monitor, or remove User Content at any time and for any reason, without notice to the Shopper.
The Shopper may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by myProfashional; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Provisions of these General Terms and Conditions shall be applicable analogously for Profashionals.
Profashionals shall conduct services in the area of Shopping, including but not limited to Consulting, Shopping trips, Shopping Advice etc.
To become a Profashional, a User must create an account and provide the mandatory additional information for Profashionals. The Profile of a Profashional shall be set as "public" in order for potential Shoppers to see the Profashional's offers.
Shoppers are able to rate the Profashional with a rating system provided by myProfashional and as amended from time to time. Ratings may include Text. The Profashional expressly declares that ratings may be published on the Website or otherwise without restrictions whether ratings were positive or negative. If a Profashional finds a rating to be inadequate or offensive, Profashional may contact myProfashional by conducting its detailed opinion. myProfashional will then decide how to proceed on its own discretion.
A Profashional shall disclose its hourly rate on its account and expressly agrees that myProfashional will add its own pre-disclosed fee to the Profashionals fee.
The Profashional expressly declares to myProfashional that he is self-employed and whether he is subject to VAT. VAT has to be included in the disclosed hourly rate. MyProfashional may ask the Profashional for documentation of its employment status. If the Profashional is unable to deliver proper documentation, myProfashional may refuse or exclude the Profashional from the Website.
The Profashional acknowledges and declares that no employer, employee, joint venture, partnership or representative relationship is created between myProfashional and the Profashional by any part of these General Terms and Conditions or the offering or use of the Services.
The Profashional shall, at its own expense, purchase and maintain for the term of providing its services a liability insurance policy appropriate for the risk. This liability insurance must in particular provide a coverage for personal and property damage as well as financial loss. The Profashional expressly declares that he will defend and hold harmless myProfashional is held legally liable by any Shopper or any person regarding the provision of services by the Profashional.
The Profashional shall carry out the offered work itself, subcontracting of third parties or replacements that are not agreed upon with the Shopper shall not be allowed.
Payments to the Profashional are carried out by myProfashional upon full and unconditional performance of the Services and upon receipt of the payment of the Shopper.
myProfashional does not guarantee that the Profashional receives any bookings or that any demanded fee will be accepted by a Shopper. myProfashional shall not be responsible for the behavior and acts of the Shopper during the provision of Services but will allow the Profashional to rate the Shopper as vice versa.
The Profashional declares to check his email inbox regularly. After 48 hours, any booking is deemed to be refused by the Profashional.
myProfashional reserves the right to close any Profashional Account in its sole discretion and without giving any reason. For the avoidance of doubt, no person shall have the right to become or stay a Profashional.
Limitations of liability
To the extent permitted by the applicable law, myProfashional shall not be liable to the Shopper in any way (whether by contract (by way of indemnity or otherwise) or tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for any booking made through the Website, for:
any booking that has not been accepted by a Profashional;
any losses that could not reasonably be expected to result from myProfashional's negligence or breach of these Terms and Conditions;
any loss, damage, costs, expenses or liability that the Shopper suffers in connection with the services.
If myProfashional becomes liable to the Shopper in connection with the services, its liability will be limited to the extent possible by law.
The Services are provided "as is" and "as available". myProfashional disclaims all representations and warranties, express, implied or statutory. myProfashional makes no representation, warranty or guarantee regarding reliability, quality or availability of the services provided by the Profashional.
The Shopper (or the Profashional) agrees to indemnify and hold myProfashional and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) the Shopper's use of the Services or services or goods obtained through your use of the Services; (ii) the Shopper's breach or violation of any of these General Terms and Conditions; (iii) myProfashional's use of the User Content; or (iv) the Shopper's violation of the rights of any third party, including Third Party Providers.
If any provision of these General Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these General Terms and Conditions but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these General Terms and Conditions.
Applicable Law and Jurisdiction
The services and these General Terms and Conditions all non-contractual obligations arising in any way whatsoever out of or in connection with the services shall be governed by, construed and take effect in accordance with the laws of Switzerland.
Any dispute, claim or matter of difference arising out of or relating to the services or these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of Zurich, Switzerland.