General Terms and Conditions (GTC)
1. SCOPE OF APPLICATION
1.1 DOKOKI AG, with its registered office in Hindelbank (Canton of Bern / Switzerland), operates an online store for products and services under the website www.mysandy.com (hereinafter referred to as “Online Shop” or “Seller”).
1.2 Your contractual partner is:
Tel.: +41 (0) 31 511 19 99
1.3 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to purchase contracts between private customers and companies (hereinafter referred to as “Customers”) and the Seller, which are concluded via the Online Shop or any associated websites, mobile applications or services linked to the Online Shop or provided by the Seller (collectively referred to as the “Website”).
1.4 The Seller reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply and may not be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognized.
2. CONCLUSION OF CONTRACT
2.1 The offer to conclude a purchase contract is made by the customer by clicking the button “Order with costs” after completely filling out the order page. The customer remains bound to the order for 7 business days. The contract is bindingly concluded if the seller accepts the order within this period in accordance with section 2.3.
2.2 After sending the order, the customer receives an (automated) e-mail with which the seller confirms receipt of the order (order confirmation). The order confirmation only serves as information that the seller has received the order.
2.3 A contract is only validly concluded when the seller declares acceptance of the contract in accordance with the following description. The acceptance of the contract takes place
- by the seller issuing an invoice to the customer, or
- the seller confirms receipt of payment and delivery date to the customer, or
- by delivery of the ordered goods.
3. AVAILABILITY AND DELIVERY TIME
3.1 The seller attaches great importance to indicating current availability and delivery times in the online store. However, due to production or delivery bottlenecks in particular, delays in delivery may occur both at the Seller itself and at third-party suppliers and / or dealers. All information on availability and delivery time are therefore without guarantee and may change at any time.
3.2 The seller can also agree with the customer on an individual delivery date.
4. PRICES (INCL. SHIPPING COSTS)
4.1 Visitors who access the website from Switzerland, Lichtentstein, Austria or Germany will see the prices including VAT based on their IP address. All other visitors will see the prices excluding VAT. Decisive for the value added tax to be paid by the customer in any case is the respective place of delivery. Delivery and freight charges will be invoiced separately and are not included in the sales price.
4.2 The prices, conditions and vintages indicated on the website are subject to change, the effective date being the date of the order.
4.3 Any additional services for which the Seller is liable to pay a fee shall be offered separately by the Seller. Such additional services will be listed separately in the shopping cart and on the invoice.
4.3 The countries in which our products can be sold or pre-ordered are listed on the website. The Seller reserves the right to cancel orders or pre-orders at any time at its sole discretion. In the event of such cancellation of your order by Seller, Seller will not charge your credit card or process another payment method until the equipment has been delivered to you at the time of cancellation.
5. PAYMENT & RETENTION OF TITLE
5.1 The customer can use the payment methods offered in the online store or on the website under “Payment Options”. The current payment method fees, which may be charged by the seller, can be seen under “Payment Options” and are shown in detail in the order process.
5.2 All banking transactions in connection with credit card payments are made via the payment provider Stripe. DOKOKI does not process credit card numbers. The customer is obliged to provide his complete current and accurate billing and payment information. In certain cases, the issuer credit card or the bank is entitled to charge a transaction fee or related surcharges, which the customer is obliged to pay.
5.3 Orders are payable immediately, subject to the following provisions.
5.4 The invoice amount in case of payment on account is due within 10 days from the invoice date. In case of default, the Seller shall charge default interest of 5% on the outstanding amount. In addition, the Seller shall charge a reminder fee of CHF 20 or EUR 20 for each reminder, which shall be added to the outstanding amount plus default interest.
5.5 The customer shall only be entitled to rights of set-off or retention insofar as the claim has been legally established or is undisputed.
6. DELIVERY & TRANSFER OF RISK
6.1 The Seller limits deliveries to the territory of Switzerland, Lichtenstein, Austria and Germany. Delivery shall be made directly to the delivery address and contact person provided by the customer.
6.2 The delivery is subject to the condition of timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other labor disputes, riots, war, natural disasters, as well as in the event of a suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The Seller shall not be liable for delays in delivery caused by manufacturing companies or third parties (see also clause 3 above).
6.3 If not all ordered goods are in stock, the Seller shall be entitled to make partial deliveries. Should it become apparent after the conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the Vendor is not responsible, the Customer shall be entitled to withdraw from the contract.
6.4 The performance of the Vendor is a debt to be discharged and is fulfilled with the handover to the transport person. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. The Seller shall not be liable for any fault of the transport company used.
7. TAXES, CUSTOMS DUTIES AND ADDITIONAL COSTS
7.1 Visitors accessing the website from Switzerland, Lichtentstein, Austria or Germany will see the prices including VAT based on their IP address. All other visitors will see the prices excluding VAT. Decisive for the VAT to be paid by the customer in any case is the respective place of delivery: Switzerland, EU or other countries.
7.2 The seller organizes the logistic handling as well as all costs for the delivery to Switzerland, Lichtenstein, Austria and Germany.
7.3 Orders from all other countries will incur additional delivery costs, as well as any local VAT and/or other customs duties when the products are delivered to their place of delivery. The corresponding amount will be shown in the checkout process.
7.4 In addition to the costs shown for delivery to countries outside Switzerland, Lichtenstein, Austria and Germany, additional costs / duties may be set by the local customs authorities, which are to be paid by the customer directly to the relevant authority or courier.
8.1 Products purchased in pre-sale are either not yet produced or are in production. Since the Seller relies on external partners for production, the delivery date cannot be guaranteed.
8.2 Customers who purchase products in advance will be regularly informed about the status of production via newsletters or updates on the website.
8.3 The pre-order can be canceled by the customer up to 30 days before the delivery date specified at the time of purchase without giving any reason. In this case, the customer will be refunded the full purchase amount.
8.4 In case of later cancellation of the purchase, the General Terms and Conditions shall apply, in particular points 7 and 8.
9. OBLIGATION TO INSPECT AND GIVE NOTICE OF DEFECTS, LIABILITY FOR DEFECTS
9.1 The customer is obliged to inspect the delivered products as soon as it is feasible in the ordinary course of business and to notify us immediately of any detected defects at email@example.com. The customer is obliged to notify us of any defects as soon as they are discovered. If the customer fails to do so, the products shall be deemed approved. Approval shall in any case be deemed to have been given unless the Customer has notified the Seller of a defect by e-mail within 8 days of delivery.
9.2 Defects that were not recognizable during proper inspection in accordance with the above paragraph must be reported to the seller immediately after discovery by e-mail to firstname.lastname@example.org, otherwise the ordered products shall also be deemed approved with regard to these defects.
9.3 Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects caused by external circumstances are not covered by the warranty.
9.4 The customer does not receive guarantees in the legal sense from the seller. Manufacturer’s warranties shall of course remain unaffected. The seller assumes no liability for the descriptions of third parties, in particular customers in the context of customer reviews published in the online store, respectively our social media presences.
10. LIMITED PRODUCT WARRANTY
10.1 The warranty hereby granted by Seller gives Customer specific rights, in addition to its rights as a consumer, which may vary depending on the jurisdiction of Customer’s country of residence. To the extent permitted by law, these warranty terms and established remedies are exclusive and in lieu of all other warranty terms, remedies or conditions, whether oral, written, statutory, express or implied. Seller disclaims all warranties, statutory and implied, including warranties of merchantability or fitness for a particular purpose and warranties against latent or hidden defects.
10.2 To the extent that these warranties cannot be excluded, Seller limits the duration of these express warranties and remedies (to the extent permitted by law) to the duration of these Terms and Conditions and the repair or replacement of the Products in accordance with the terms described below. The legal systems of some countries do not allow limitations on the implied warranty period (or warranty terms), so the above limitations may not apply to you.
11. RIGHT OF WITHDRAWAL
11.1 The customer has the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has or has taken possession of the last goods.
11.2 In order to exercise the right of withdrawal, the Customer must notify the Seller (DOKOKI AG, Krauchthalstrasse 2, 3324 Hindelbank
Switzerland, email@example.com, +41 31 511 19 99) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the decision to revoke this contract. The contact details of the Seller are listed in section 1 of these GTC.
11.3 You may use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
11.4 To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
11.5 If the customer cancels this contract, the seller shall reimburse the customer for all payments received, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which the seller received the notification of your cancellation of this contract. For this repayment, the Vendor shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise; in no case shall the Customer be charged any fees due to this repayment. The Seller may refuse repayment until it has received the goods back or until the Customer has provided proof that the goods have been returned, whichever is the earlier.
+41 31 511 19 99
11.6 The Customer shall return or hand over the goods to the Seller without undue delay and in any case no later than within fourteen days from the day on which the Customer notifies the Seller of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. The Vendor shall bear the costs of returning the goods. The customer must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.
12.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal basis on which they are made, are conclusively regulated in these GTC.
12.2 Other claims of the customer – irrespective of the legal ground – are excluded to the extent permitted by law. EXCEPT AS (I) OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS AND (II) TO THE EXTENT PERMITTED BY LAW, SELLER MAKES NO OTHER WARRANTIES, IMPLIED OR EXPRESS, WITH RESPECT TO THE PRODUCTS AND DISCLAIMS ALL WARRANTIES (IMPLIED OR EXPRESS), including, BUT NOT LIMITED TO, WARRANTIES OF DAMAGE AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SELLER DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL MEET ALL OF YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE PRODUCTS WILL BE SAFE OR ERROR-FREE.
12.3 Furthermore, the Seller, its auxiliary persons and any vicarious agents shall not be liable for any damage not caused to the goods themselves, in particular for consequential damages, loss of profit or other financial losses of the Customer. Furthermore, the seller is not liable for slight negligence.
13. DATA PROTECTION
13.2 The customer hereby consents to the storage of the personal data entered by him in the context of the use of the website. This also applies to the storage of IP addresses, which are transmitted each time the website is used. The customer also consents to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be passed on to the advertisers.
13.3 The Customer further agrees that the Vendor may use personal data of the Customers for direct marketing purposes. This includes addressing the customers by e-mail and by post.
14. FINAL PROVISIONS
14.1 Should individual provisions of these GTC be invalid or incomplete, or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued with it.
14.2 All amendments or additions to these GTC shall require a form which allows proof by text, such as fax and e-mail. This also applies to an amendment of the written form requirement. As soon as the customer uses services of the seller after the change, he implicitly agrees to the new GTC.
14.2 If you are domiciled in the European Union, in an EFTA state or in Switzerland, this agreement shall be governed by Swiss substantive law. The courts of Berne shall have jurisdiction, regardless of the choice of remedies sought. The otherwise applicable United Nations Convention on Contracts for the International Sale of Goods does not govern the sale of these products.
In the event of disputes arising from consumer contracts, the court at the domicile or registered office of one of the parties shall have jurisdiction for actions brought by the customer, and the court at the domicile of the customer shall have jurisdiction for actions brought by the seller.