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 shop for products and services under the website www.mysandy.com (hereinafter "Online Shop" or "Seller").

1.2 Your contractual partner is:
DOKOKI AG
Bernapark 28
3066 Bern-Stettlen
Switzerland


Email: info@dokoki.com
Tel.: +41 (0) 31 511 19 99

Managing Director:
Marc Zinner

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 Terms and Conditions 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 recognised.

2.1 The offer to conclude a purchase contract is made by the customer when the customer clicks 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 will receive an (automated) e-mail with which the seller confirms receipt of the order (order confirmation). The order confirmation merely serves to inform the Customer that the Seller has received the order.
2.3 A contract shall only be validly concluded when the Seller declares acceptance of the contract in accordance with the following description. Acceptance of the contract takes place,
  • by the seller issuing an invoice to the customer, or
  • by the seller issuing an invoice to the customer.
  • 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 providing up-to-date information on availability and delivery times in the online shop. However, delivery delays may occur, in particular due to production or delivery bottlenecks, both at the seller itself and at third-party suppliers and / or dealers. All information on availability and delivery times is therefore without guarantee and may change at any time.

3.2 The Seller may also agree an individual delivery date with the Customer.

4. price (incl. shipping costs)

4.1 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. The respective place of delivery is decisive for the VAT to be borne by the customer in each case. Delivery and freight charges will be invoiced separately and are not included in the sales price.

4.2 The prices, conditions and vintages stated on the website are subject to change, the effective date being the date of the order.

4.3 Any additional services for which a charge is made will 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 the Seller, the Seller will not charge your credit card or process another payment method until the Device has been delivered to you at the time of cancellation.

5 Payment & Retention of Title

5.1 The customer may use the payment options offered in the online shop or on the website under "Payment options". The current payment method charges, which may be levied by the Seller, can be seen under "Payment options" and are shown in detail in the order process.
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5.2 All banking transactions in connection with credit card payments are carried out via the payment provider Stripe. DOKOKI does not process credit card numbers. The customer is required to provide 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 for payment on account is due within 10 days of the invoice date. In the event 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 interest on arrears.

5.5 The customer shall only be entitled to rights of set-off or retention to the extent that the claim has been legally established or is undisputed.

6 Delivery & Transfer of Risk

6.1 The Seller shall limit 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 Delivery shall be made subject to the condition of timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters as well as suspension of delivery by the manufacturer or upstream supplier, there shall be no delay in delivery. The Seller shall not be liable for delays in delivery caused by manufacturing companies or by third parties (cf. also item 3 above).

6.3 If not all ordered goods are in stock, the Seller shall be entitled to make partial deliveries. Should it transpire after 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 Seller's performance is a debt to be discharged and is fulfilled upon handover to the carrier. After dispatch, 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 on the part of the transport company used.

7. tax, customs duty and additional costs

7.1 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. The decisive factor for the VAT to be borne by the customer in each case is the respective place of delivery: Switzerland, EU or other countries.
7.2 The Seller shall organise the logistical handling and all costs for delivery to Switzerland, Lichtenstein, Austria and Germany.

7.3 Orders from all other countries will incur additional delivery charges, 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. advance booking

8.1 Products purchased in advance are either not yet produced or are in production. As the Seller relies on external partners for production, the delivery date cannot be guaranteed.
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8.2 Customers who purchase products in advance will be regularly informed of the status of production via newsletters or updates on the website.

8.3 The pre-order can be cancelled by the customer up to 30 days before the delivery date stated at the time of purchase without giving reasons. In this case, the customer will be refunded the full purchase amount.

8.4 In the event of a later cancellation of the purchase, the General Terms and Conditions shall apply, in particular points 7 and 8.

9. obligation to examine 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 of any defects immediately at info@dokoki.com. 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 which were not recognisable during proper inspection in accordance with the above paragraph must be notified to the Vendor immediately after discovery by e-mail to info@dokoki.com, otherwise the ordered products shall also be deemed to have been 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 attributable to external circumstances are not covered by the warranty.

9.4 The customer does not receive any guarantees in the legal sense from the seller. Manufacturer's guarantees shall of course remain unaffected by this. The Seller accepts no liability for the descriptions of third parties, in particular customers within the framework of the customer reviews published in the online shop or on our social media sites.

10. limited product warranty

10.1 The warranty hereby granted by the Seller gives the Customer specific rights, in addition to its rights as a consumer, which may vary according to the jurisdiction of the Customer's country of residence. To the extent permitted by law, these warranty terms and specified remedies are exclusive and in lieu of all other warranty terms, remedies or conditions, whether oral, written, statutory, express or implied. The 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, the Seller shall limit the duration of such express warranties and remedies (to the extent permitted by law) to the duration of these 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 revocation

11.1 The customer has the right to withdraw from this contract within 30 days without giving any reason. The revocation period is 30 days from the day on which the customer or a third party named by him, who is not the carrier, 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, Bernapark 28, 3066 Bern-Stettlen Switzerland, hello@mysandy.com, +41 31 511 19 99) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) 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 attached model cancellation form for this purpose, which is, however, not mandatory.

11.4. in order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

11.5 If the Customer revokes this contract, the Seller shall refund to the Customer 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 cheapest standard delivery offered by us), without undue delay and at the latest within 30 days from the day on which the Seller receives the notification of your revocation of this contract. For this repayment, the Seller 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.
Return address:
DOKOKI AG
Attn: Returns
Bernapark 28
3066 Bern-Stettlen
Switzerland

hello@mysandy.com
+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 end of the fourteen-day period. The Vendor shall bear the costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

12. Liability

12.1 All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTCs.

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, THE 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, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. SELLER DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS WILL MEET ALL YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE PRODUCTS WILL BE PROVIDED SAFELY OR ERROR-FREE.
12.3 Furthermore, the Seller, its auxiliary persons and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Customer. Furthermore, the seller shall not be liable for slight negligence.

13. data protection

13.1 The Seller's collection and processing of the Customer's personal data is explained in the Privacy Policy. This forms an integral part of the contract of these GTC.

13.2 The Customer hereby consents to the storage of the personal data entered by him in the course of using 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 personalisation of advertisements and product offers placed on the website. Personal data will not be passed on to advertisers.

13.3 The Customer further agrees that the Seller may use personal data of the Customers for direct marketing purposes. This includes contacting customers by e-mail and by post for advertising purposes.

13.4 In all other respects, the provisions of the Privacy Policy shall apply. The data protection declaration can be accessed here.

14. final provisions

14.1 Should individual provisions of these GTC be ineffective or incomplete or should fulfilment become impossible, this shall not affect the effectiveness of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible valid provision which, in terms of its content, comes as close as possible to the original intention and the commercial purpose pursued thereby.

14.2 All amendments or additions to these GTC must be in a form which allows proof by text, such as fax and e-mail. This also applies to a change in the written form requirement. As soon as the Customer makes use of the Seller's services after the amendment, he impliedly agrees to the new GTC.

14.3 If you are domiciled in the European Union, in an EFTA state or in Switzerland, this agreement is subject to Swiss substantive law. The courts of Berne shall have jurisdiction, regardless of the choice of remedies sought. The United Nations Convention on Contracts for the International Sale of Goods otherwise in force 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.