Last updated: 29.08.2025

1. Scope and Applicability

These Terms & Conditions (“T&Cs”) govern all purchases, rentals, memberships, and services provided by Capsule (“we,” “our,” or “us”) via our online shop hosted on Shopify (the “Platform”). By accessing our website and placing an order, you agree to be bound by these T&Cs.

These T&Cs apply to consumers in Switzerland and the European Union. For customers residing in the EU, mandatory consumer protection rights under EU law apply in addition to these T&Cs.

2. Company Information

Nyxtures GmbH
Obere Heslibachstrasse 17
8700 Küsnacht Switzerland
Email: hello@nyxtures.com
Commercial Register: CHE-237.248.512

3. Accounts

Customers may create personal accounts to manage orders, memberships, and preferences. Account holders are responsible for maintaining the confidentiality of their login information and for all activities under their account.

4. Products Offered

4.1 New Goods

We sell new goods from sustainable partner brands. Some of these items may be shipped directly from third-party fulfillment providers (“dropshipping”). In such cases, Capsule remains your contractual partner, while the fulfillment is performed by the brand or its logistics partner. Delivery times may vary.

4.2 Secondhand Goods

Capsule also sells secondhand items, which we have purchased and resell. For secondhand goods, the statutory warranty period is limited to one (1) year from delivery, as permitted under Swiss law. This does not affect your rights for new items, which remain covered for two (2) years.

4.3 Rentals

Certain products may be available for rental. Rental items must be returned on time and in the condition described. If items are lost, returned late, or damaged beyond normal wear and tear, Capsule may charge the fair market replacement value (not exceeding the original retail price). Capsule’s inspection report is binding unless you provide timely evidence to the contrary.

5. Memberships & Subscriptions

Capsule may offer tiered memberships (including but not limited to newsletters, early access to new collections, exclusive discounts, and AI-powered styling services).

  • The specific benefits of each tier are described on our website and may change over time.

  • Memberships are personal, non-transferable, and may be free (e.g. newsletter tier) or paid (higher tiers).

  • Paid memberships are billed according to the pricing and billing cycle displayed at the time of purchase.

  • Memberships may be canceled at any time through your customer account or by contacting customer service. Cancellation will take effect at the end of the current billing period. Refunds are not issued for partially used membership periods, except where required by law.

  • Capsule reserves the right to adjust membership benefits or pricing. Material changes will be notified in advance; if you do not agree, you may cancel before changes take effect.

6. Digital & AI-Powered Services

Capsule may provide digital services, including AI-powered styling sessions, fitting room simulations, and sourcing assistance for secondhand goods.

  • These services are advisory in nature, experimental, and provided “as is.”

  • Capsule does not guarantee specific outcomes (such as satisfaction with styling choices or availability of sourced items).

  • Advice provided through AI styling tools is not professional, medical, or legal advice.

  • To the extent permitted by law, Capsule’s liability for digital services is limited to the amount paid for the service.

7. Prices and Payment

All prices are displayed in Swiss francs (CHF) or euros (EUR), including VAT where applicable. Payment methods are shown at checkout.

For deliveries outside Switzerland, additional customs duties, import taxes, or fees may apply and are the responsibility of the customer unless otherwise stated.

8. Delivery

Delivery times are provided as estimates. Delays may occur, especially in case of dropshipping via third parties. Capsule will inform you of significant delays, but we are not liable for delays outside our control.

9. Voluntary Returns Policy

We offer a voluntary 14-day return policy for eligible items. Returned products must be unworn, in original condition, and accompanied by proof of purchase. Exclusions apply (e.g. underwear, personalized items, rentals). See Return Policy.

Return costs are borne by the customer, unless the item is defective or incorrectly delivered.

10. Warranty for Defects

Your statutory rights in case of defective goods remain unaffected by our voluntary return policy.

  • New goods: 2-year statutory warranty.

  • Secondhand goods: 1-year statutory warranty. This warranty does not cover normal wear and tear or defects that were existing at the time of purchase.

If a product is defective, please notify us promptly. Capsule may repair, replace, or refund the defective item, in line with applicable law.

11. Right of Withdrawal (EU Customers Only)

If you reside in the EU, you have the right to withdraw from your purchase within 14 days without giving reasons. To exercise this right, please notify us in writing (email is sufficient). The withdrawal period runs from the day you receive the goods.

You must return the goods at your own cost unless otherwise agreed. We will refund all payments received, excluding additional delivery costs, within 14 days of receiving your withdrawal notice. Refunds may be withheld until goods are returned.

12. Privacy

Your personal data is processed in accordance with our Privacy Policy, which forms an integral part of these T&Cs. Please review it to understand how we collect, use, and protect your data.

13. Liability

Capsule is liable only for direct damages caused by gross negligence or intent. Liability for indirect or consequential damages is excluded to the extent permitted by law. For paid services and memberships, Capsule’s liability is limited to the fees paid.

14. Amendments

We may amend these T&Cs at any time. Updated versions will be published on our website and apply to future transactions. Customers will be informed of material changes.

15. Governing Law & Jurisdiction

These T&Cs are governed by Swiss law, subject to mandatory consumer protection provisions in the customer’s country of residence (e.g., EU law for EU customers).

The courts of Zurich, Switzerland, shall have exclusive jurisdiction, unless mandatory law grants jurisdiction elsewhere.