General Terms and Conditions

General Terms and Conditions

§ 1 Scope of application

  1. The customer’s contractual partner and operator of the online store is DM Retail GmbH, Graben 5, 6300 Zug (CHE-410.539.923, hereinafter referred to as the “Supplier”)
  2. The deliveries, services and offers of the online store, are made exclusively on the basis of these General Terms and Conditions, even if they are not explicitly agreed again. These terms and conditions shall be deemed accepted upon ordering the goods or services. General terms and conditions of purchase of the customer are hereby rejected. Deviations from these General Terms and Conditions shall only be effective if confirmed in writing by the Supplier.

§ 2 Offer and conclusion of contract

  1. Offers of SUPPLIER in price lists and advertisements shall not constitute a legally binding offer, but an invitation to the customer to place an order that is binding for them. Offers such as checked returns and clearance sales are excluded from the binding nature of availability.
  2. By clicking the order button in the online store, the customer places a binding order for the products listed on the order page. The SUPPLIER confirms receipt of the order immediately after receiving it. Orders shall be binding for SUPPLIER only after written order confirmation. If, after order confirmation, it is determined that it is not possible to deliver the goods or that a price error occurred, the order will be cancelled or, in the case of price errors, if the goods have already been delivered, the price difference will be claimed from the customer. In case of price errors, the customer shall be entitled to return the goods to the SUPPLIER if the customer does not agree with the supplementary debit of the price difference. In any case, the customer may not assert any further claims against the SUPPLIER or a supplier.
  3. The information contained in the sales documentation (drawings, illustrations, dimensions, weights and other services) must be taken as a guide only and does not constitute a warranty of properties unless expressly designated as binding in writing.
  4. If a customer exceeds their credit limit by placing an order, SUPPLIER shall be released from the obligation to deliver.
  5. SUPPLIER does not sell products to minors under 18 years of age. The SUPPLIER reserves the right to carry out an age check before handing over or delivering the goods.

§ 3 Prices

  1. The prices stated in the order confirmation shall be decisive. These prices are fixed for stock items at the time of ordering. In the event of delivery bottlenecks as well as procurement, the daily price on the day of order shall be valid. Prices are quoted in Swiss francs inclusive of statutory value-added tax and, unless otherwise agreed, exclusive of transport costs. The current prices are published in the online store, price changes and errors excepted.

§ 4 Delivery terms and conditions

  1. Delivery shall be made to delivery addresses within Switzerland, the Principality of Liechtenstein and all of Europe. Worldwide delivery on request.
  2. Dates and delivery periods shall be non-binding unless expressly agreed otherwise in writing. The indication of certain delivery periods and delivery dates by SUPPLIER shall be subject to correct and timely delivery to SUPPLIER by suppliers and manufacturers.
  3. In the case of delivery and assembly, the customer must ensure accessibility for the goods.
  4. Visible quantity differences must be reported to SUPPLIER and the carrier in writing immediately upon receipt of the goods, and hidden quantity differences within 5 days after receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.

§ 5 Default of acceptance

  1. Should the customer refuse to accept the delivery items or declare that they do not wish to accept the goods after a grace period set for the customer has expired, the SUPPLIER may refuse to fulfil the contract and claim damages for non-performance. The SUPPLIER shall be entitled to claim either a flat rate of 25% of the agreed purchase price or compensation from the customer for the actual damage incurred.

§ 6 Transfer of risk

  1. The risk shall pass to the customer as soon as the consignment has been handed over to the company performing the transport. Should the shipment be delayed or become impossible through no fault of SUPPLIER, the risk shall pass to the customer upon notification of readiness for shipment. Any assumption of transport costs by SUPPLIER agreed in individual cases shall not affect the transfer of risk.

§ 7 Warranty/Guarantee

  1. Only the manufacturer of the products guarantees the absence of defects and the functionality of the ordered product for 2 years after delivery or collection at a collection point operated by the SUPPLIER, unless otherwise expressly agreed in writing.
  2. Should the operating or maintenance instructions not be followed, modifications be made, parts be replaced or consumables be used that do not comply with the original specifications, any warranty/guarantee shall be void insofar as the defect is attributable thereto. This shall also apply insofar as the defect is due to improper use, storage and handling of the equipment, or third-party intervention as well as if equipment is opened.
  3. Insignificant deviations from warranted characteristics of the goods shall not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/included batteries/included or installed rechargeable batteries is excluded.
  4. Should a warranty or guarantee claim arise, the customer shall be entitled to rectification, replacement or rescission. SUPPLIER shall have the choice of the method of remedying the defect. Should the SUPPLIER decide to rescind the contract, a credit note will be issued at the current price (at most the sales price at the time of the order, less any payment or bank charges).
  5. The guarantee period shall not be interrupted by a possible warranty or guarantee case, but shall continue to run.
  6. No new warranty periods shall commence as a result of the replacement of parts, assemblies or entire devices.
  7. Only the direct customer shall be entitled to warranty or guarantee claims and these are not assignable.
  8. The legal warranty shall be fully excluded.

§ 8 Returns

  1. Customers have the right to return the goods during the 30 days after their delivery. The right of return is exercised by returning the goods, which must be unopened and unused. The return order must be registered via the customer account in the online store or, if necessary, in writing by registered mail. The customer shall bear the costs for the return shipment.
  2. Products that the SUPPLIER has procured at the customer’s request, any software and hygiene items as well as consumer goods are excluded from return in any case.
  3. When the customer exercises the right of withdrawal, the purchase contract becomes a return contract whereby the services rendered as part of the purchase contract must be reimbursed.
  4. Upon receipt of the goods, any purchase price already paid will be credited to the customer’s account. However, we reserve the right to deduct the purchase price to be refunded or to invoice for possible damage, excessive wear and tear of the goods or shipping, payment or bank charges for the goods. SUPPLIER may withhold the credit note until it has received the goods back or the customer has provided proof that they have returned the goods, whichever is earlier.
  5. For returns of defective goods, SUPPLIER requires that the defective part or device be sent or delivered to SUPPLIER for repair with a completed repair form and a copy of the invoice with which the device was shipped.
  6. In any case, the customer shall be responsible for packing the goods to be returned in a transportable manner. Damage/loss of the goods due to improper packaging will be charged to the customer. If the customer hands over the goods to a transport company, the customer shall bear the risk for the safe transport of the goods. The risk shall not pass to SUPPLIER until the goods have arrived at SUPPLIER’s premises.
  7. When sending in the device to be repaired or returned, the customer must ensure that the data on it is deleted and backed up by copies, as the data can be lost during repair work. Any liability of SUPPLIER for loss of data, access by third parties or similar is excluded.

§ 9 Payment

  1. Invoices shall be payable in cash or within 10 days net, depending on the agreement. The payment methods available for selection are published in the online store. SUPPLIER reserves the right, if necessary, to perform a credit check in accordance with SUPPLIER’s Privacy Policy.
  2. Payment shall be deemed to have been made only when the SUPPLIER can dispose of the amount.
  3. If payment is not made within the aforementioned period, the customer shall be in default of payment, entitling the SUPPLIER to charge interest at the rate of 5% from the date in question. During the period of default, the SUPPLIER shall also be entitled, at any time, to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the lapse of the contract. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations under the contract or if the SUPPLIER becomes aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular, suspension of payments, pendency of settlement or bankruptcy proceedings. In these cases, SUPPLIER shall be entitled to withhold any outstanding deliveries or to only execute them against advance payment or securities.

§ 10 Dunning and collection fees

  1. If the customer is in default of payment, SUPPLIER shall send the Customer a reminder by email, in writing or by telephone. SUPPLIER reserves the right to charge reminder fees for the issued reminders. In case of unsuccessful reminders, SUPPLIER may assign the claim to a third-party company in charge of collection. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.

§ 11 Small quantity surcharge

  1. Up to an order amount of CHF 75.00, the SUPPLIER may charge a small quantity surcharge of CHF 9.00. This shall not apply if the customer collects the goods from a collection point operated by SUPPLIER.

§ 12 Limitation of liability

  1. Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort shall be excluded against the SUPPLIER as well as against vicarious agents and substitutes, except in cases of intent or gross negligence. All liability is excluded for consequential damages resulting from the use of products.

§ 13 Copyrights/Software warranty

  1. Insofar as software is included in the scope of delivery, it shall be provided to the customer solely for one-time resale or for the customer’s own use, i.e. the customer may neither copy it nor provide it to others for use. Software shall be excluded from all guarantee provisions on forms. The provisions of the manufacturer’s license agreement apply exclusively. Companies, brands, trademarks, images and logos used on SUPPLIER’s online store are the property of their respective owners.

§ 14 Data protection

  1. The SUPPLIER undertakes to comply with the requirements of data protection law when processing customer data. Further information on the handling of customer data can be found in the separate Privacy Policy. The Privacy Policy forms an integral part of these General Terms and Conditions. By accepting these General Terms and Conditions, the customer also agrees to the Privacy Policy.

§ 15 Jurisdiction

  1. 6300 Zug (Switzerland) shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
  2. The legal relationship shall be subject to Swiss law. The application of the Vienna Convention on Contracts for the International Sale of Goods (Vienna Sales Convention in force since 1.3.1991) is excluded expressly and in full.
  3. Disputes between the customer and the SUPPLIER shall be settled by the ordinary courts of law, unless the parties agree on arbitration, without prejudice to recourse to the Federal Supreme Court.

§ 16 Final provisions

  1. The SUPPLIER reserves the right to modify the General Terms and Conditions at any time.
  2. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the General Terms and Conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.
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