General Terms and Conditions AGB Online-Shop Dadadésir
1. Conclusion of the contract
The contract is established between the customer and Dadadésir when the customer places an order via the online-shop (Internet) and the order is accepted by Dadadésir (order confirmation via e-mail).
2. Scope of the current general terms and conditions
The business relationship between the customer and Dadadésir is governed by these general terms and conditions in the version thereof valid at the time of ordering. Any amendments, additions or contradictory terms and conditions are to be agreed in advance in writing. The written form is deemed to be maintained by an e-mail as soon as said e-mail is specifically acknowledged by the other contracting party. Automatically generated acknowledgements of receipt (e.g e-mail or fax) do not constitute evidence of consent.
3. Range of products
All information relating to the products the customer orders as part of the ordering procedure is only approximately definitive within the scope of appropriate tolerances customary within the sector and moreover only insofar as Dadadésir is responsible therefor. In particular, Dadadésir reserves the right to make modifications to design and technology which improve the functionality of a product, and shall not be bound by errors in the description, illustrations and price information.
4. Delivery conditions
Orders are not subject to a minimum order value. The products ordered are delivered worldwide. The shipping costs are calculated based on destination, weight and size of products and are borne by the customer. If products are available in stock, said products will be delivered immediately to the address stated by customer upon receipt of payment. If the products are not immediately available, Dadadésir will notify the customer of this by e-mail. Dadadésir is entitled to carry out partial deliveries unless otherwise agreed in writing. Dadadésir shall bear no liability for any consignments which are not received.
We deliver under the CPT system (“Carriage paid to named place of destination”), Dadadésir is responsible for arranging carriage to the named place, but not for insuring the goods to the named place. However, delivery of the goods takes place, and the risk transfers from seller to buyer, at the point where the goods are taken in charge by the carrier. The buyer may wish to arrange insurance cover for the main carriage, starting from Biel/Bienne but will be specified within the commercial agreement. The costs for the execution of import formalities at destination are expressly excluded and shall be borne by the buyer. Thus, all taxes related to the import in the country of destination are paid by the buyer or the recipient.
What does this mean for the foreign customer? If the value-added tax and/or customs duties are higher than the value-added allowances, the customer must pay the full amount of the taxes upon receipt of the parcel at home. If the recipient is not present at the time of delivery or cannot pay the amount due, the courier will leave a notice of delivery.
5. Delivery times
Dadadésir guarantees to dispatch products immediately where possible. The delivery times stated in the order confirmation are not binding. Any delivery complications and operational disruptions, including with any other suppliers, entitle the seller to postpone the scheduled delivery dates up to a maximum of thirty days. The customer can withdraw from the contract in the event of a delay of more than thirty days. There is no provision for any further customer entitlements, in particular claims for compensation.
6. Transfer of risk
Unless otherwise agreed in advance and in writing, deliveries are made ex works using the postal services. The customer shall bear the risk for any deliveries in transit. Other forms of delivery or the conclusion of an insurance policy are to be charged to the customer, are to be agreed in advance with Dadadésir and acknowledged in writing by both contracting parties. For contracts with consumers subject to EU Consumer Rights Directive (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights), the risk for any loss of or damage to the products is transferred to the consumer only when he has taken possession of the products (except when a form of delivery other than that offered by Dadadésir is selected).
7. Consumer's right of cancellation
For contracts with consumers subject to EU Consumer Rights Directive (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights), the consumer has the right to cancel this contract within a period of fourteen days without specifying any reason. The cancellation period runs for fourteen days from the date on which the consumer has taken possession of the last consignment in part. In order for the consumer to exercise his right of cancellation, the customer must provide Dadadésir with a clear explanation (e.g. with a letter sent by post or by e-mail) of his decision to cancel this contract (Dadadésir, Rue de boujean 39, CH 2502 Biel-Bienne, Switzerland). The cancellation period is deemed not to have expired if the consumer sends his notification regarding exercising the right of cancellation before the period expires. The right of cancellation shall not apply to products which have been produced according to customer specification or which have been tailored precisely to the personal requirements of the consumer.
8. Consequences of the right of cancellation for consumers
If the consumer cancels the contract, Dadadésir undertakes to reimburse all payments received, including delivery costs (except for additional costs for a more expensive form of delivery specifically required by the customer other than the standard delivery offered by Dadadésir) immediately and no later than fourteen days from the date on which the notice of cancellation has been received by Dadadésir. The consumer shall bear the costs for the return delivery.
For refunds, Dadadésir shall use the same payment method used by the consumer in the original transaction, unless otherwise expressly agreed. Dadadésir can refuse to provide a refund until the products have arrived or until the consumer has furnished evidence that the products have been dispatched, depending upon which date is earlier. The consumer is to return the products immediately and in each case no later than fourteen days from the date on which Dadadésir is notified. The period is deemed not to have expired if the consumer dispatches the products before expiry of the period of fourteen days. The consumer is to compensate for any loss of value to the products insofar as this loss of value cannot be attributed to any handling required for testing the condition, properties and mode of operation of the products.
9. Warranty and guarantee
The statutory warranty claims (in particular rescission and mitigation) shall be waived where possible and replaced by a twelve-month guarantee from date of invoice. For contracts with consumers resident within the area of the European Union, subject to EU Consumer Rights Directive (Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights), the minimum warranty period of two years shall apply.
Dadadésir is to be notified in writing immediately but no later than twenty days from date of invoice of any complaints arising from defects and incomplete or incorrect delivery. If Dadadésir is not informed of claimed defects within the above periods, the product shall be deemed to have been subsequently approved by the customer.
The customer is to send defective products to Dadadésir at his own expense to establish whether said products are possibly covered by a guarantee. If the customer submits a justified complaint on time, he shall have the right to a replacement delivery free from defects. Dadadésir shall be liable to the same extent for replacement deliveries as for the original products. Should the relevant products no longer be available, Dadadésir reserves the right to reimburse the purchase price already paid instead of providing a replacement delivery.
Warranty claims shall not apply to products subjected to treatment, maintenance or care not in accordance with specifications. Slight differences in colour between products presented in the online-shop and the actual product are unavoidable for technical reasons and no objection can be raised in respect thereof.
Important: Please keep the invoice. No warranty claims can be asserted without proof of purchase.
10. Payment terms
The customer can pay for his order by any one of the selection of payment methods available. The customer shall guarantee that he has the necessary authorisation to use the selected payment method. Dadadésir reserves the right to suspend the management and delivery of each order if payment by credit card is not accepted or payment cannot be made. In particular, Dadadésir reserves the right to refuse a delivery or to refuse an order from a customer who has not paid for a previous order or had a payment dispute with Dadadésir. In case of doubt, the customer may be required to send a copy of an identity card and proof of address.
11. Reservation of title
The products shall remain the property of Dadadésir until full payment is made.
12. Intellectual property rights
Where legally permissible, all intellectual property rights shall be retained by the supplier Dadadésir.
13. Data protection
Dadadésir undertakes not to pass customer data to any third parties and shall use customer data only for ordering and invoicing purposes. The customer shall expressly consent to this data processing.
14. Jurisdiction clause and choice of law
Any disputes arising from this contract between Dadadésir and the customer are subject to Swiss Law. The Vienna Conventional shall not apply. Subject to a statutory place of jurisdiction, the place of performance and place of jurisdiction for disputes arising from this contract between Dadadésir and the customer shall be Biel in Switzerland. In respect of the consumer, the place of jurisdiction at the consumer’s place of residence shall apply.
15. Severability clause
Should individual provisions of the contract including these regulations be or become wholly or partially ineffective, or should the contract contain an unforeseen loophole, the effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The respective statutory regulations shall replace the ineffective or absent provisions.
16. Amendments to the general conditions of contract
The general terms and conditions in the version thereof valid at the time the respective contract is concluded shall apply for the sale of the products listed by Dadadésir. Dadadésir also reserves the right to make unilateral amendments to the general terms and conditions at any time, especially where this is required for modifying said terms and conditions to suit any change in statutory or technical framework conditions. The customer shall be informed of any modification accordingly. Subsequent amendments or additions to these general terms and conditions shall become part of the contract unless the customer objects thereto within thirty days of being notified of the amended terms and conditions.
17. Supplier's contact details
Dadadésir, Rue de boujean 39, CH 2502 Biel-Bienne, Switzerland