Date Published : 01 November 2015
TERMS AND CONDITIONS
1) SCOPE OF APPLICATION
1.1 The operator of the online store available in www.dillyavenue.com (hereinafter referred to as “online shop”) and your contractual partner is the company:
Dilly Trading GmbH,
8703 Erlenbach Switzerland
A customer (hereafter, “Customer” or “You”) pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. We only sell our products to customers who are 18 years of age or older.
1.2 Regarding contracts for the delivery of vouchers, these general terms and conditions apply accordingly, unless explicitly regulated otherwise.
2) CONCLUSION OF THE CONTRACT
2.1. Our product presentation on our website and in the Online Shop solely represents a non-binding invitation for you to purchase products from us. All orders are subject to our acceptance and availability. We are only able to accept orders that have a maximum order value of CHF 2’000 (including value-added tax but excluding any delivery charges). We offer products for sale that are on stock. Please be aware that we may be unable to deliver selected products because of quality check issues identified when we receive your order. In these circumstances we will notify you by e-mail and refund the payment to your credit card within 2 days of being advised that product has become unavailable.
You may submit the offer by the online order form integrated into our online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, you submit a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The customer remains bound for 3 days at his order. The contract is formed compulsorily if we accept the order within this period in accordance with paragraph 2.2.
2.2 We may accept the Customer’s offer within 3 days. A valid contract is formed only if we declare acceptance of the agreement. We declare acceptance of the agreement by sending an invoice to the customer confirming the order (confirmation of order acceptance) and confirming by email that the goods have left our warehouse (shipping confirmation) Should we not accept the Customer’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Customer is no longer bound by his statement of intent.
2.3 In particular, we do not accept orders in the following events: (1) we are unable to obtain authorisation for payment; (2) the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn; (3) the customer is not compliant with the Terms and Conditions.
2.4 The contract comes in English. The data saved by us serve as proof of the contract and transaction.
2.5 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller’s online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by us or by third parties commissioned by us with the order processing can be delivered.
3.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
3.2. Shipping fees are billed as follows:
Shipping costs are provided during checkout and payment process. Unless indicated otherwise, our shipping costs within Switzerland are borne by us if you are a registered customer or if your order exceeds 500 CHF.
-Domestic delivery : 9 CHF
-International delivery : 25 CHF
3.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which we are not responsible and which have to be borne by the Customer. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Customer carries out the payment from a country outside the European Union.
4.1 Payment can be made using one of the methods mentioned in our online shop.
4.2 You confirm that the credit card that is being used is yours or that you have been specifically authorised by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery.
4.3 We take all reasonable care to make our website secure. All credit card transactions on our website are processed using PAYPAL, a secure online payment gateway that encrypts your card details in a secure host environment. Evenif you are a registered Dilly Avenue user, we will not store your credit card details on our systems.
When choosing the payment method “PayPal” , the handling of payments is done via the payment service provider PayPal Pte. Ltd subject to the conditions of use which can viewed at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=en_CH.
To help ensure that your shopping experience is safe, simple and secure Dilly Avenue uses Secure Socket Layer (SSL) technology.
5) Delivery Conditions and Transfer of Risks
5.1 Goods are delivered to the delivery address indicated by the Customer, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in online shop’s order processing is decisive.
5.2 Delivery to P.O. Boxes is not possible. The general terms and conditions will apply additionally and can be found on the transport company website.
5.3 Should the assigned transport company return the goods to us, because delivery to the Customer was not possible, you will need to bear the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond your control or if he has been temporarily impeded to receive the offered service, unless we have notified you for a reasonable time in advance about the service.
5.4 Our service consists of an obligation to ship; it is accomplished in the delivery of the shipment to the person responsible for transport. After sending, the risk of deterioration and accidental loss of the goods passes to the customer. We are not obliged to assume the fault of the company providing transportation.
5.5 Delivery times mentioned in our online shop and in our order acceptance confirmation accordance with paragraph 2.2 are calculated from the date of our order confirmation receipt.
Estimated delivery times (Switzerland / Liechtenstein): Within 2 working days
Estimated delivery times are to be used as a guide only and start from the date of dispatch. We will make reasonable efforts to deliver the products within the time specified, but we do not accept liability for any failure to deliver within that time.
The risk shall pass upon delivery of the products to the customer.
5.6 Personal collection is available from Dilly Store during shop’s working hours.
6) RESERVATION OF PROPRIETARY RIGHTS
We retain title of ownership to the delivered goods until the purchase price owed has been paid in full.
7) Returns & Reimbursement
Dilly Avenue also bears the cost of return shipment of registered customers if the origin of the return is Switzerland. For the details of return and reimbursement conditions, please refer to Returns and Reimbursement.
8) Faulty Products
Products are faulty if they are received damaged or have a material manufacturing defect. Small and/or technically unavoidable deviations of quality, color, size shape or design shall not be considered to be defects. Products that are damaged as a result of normal wear and teas are also not considered faulty.
If your products are faulty and do not meet your order it is essential that you notify us of the defects in writing to email@example.com. The complaint should be made without delay. Where there is a defect, you have two options: you can cancel the purchase and return it on our expense within 30 days or demand a reduction in the price. In situations where an identical item is available we can offer a replacement as well. This would be impossible for exclusive unique products. In case you choose to return the product we will give you full refund.
We have made every effort to display as accurately as possible the colors of our products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate
10)YOUR PERSONAL DATA
To the extent permitted by law, we accept no liability for losses or damages
12) COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
All of the contents of the website, including text, photos, sounds, illustrations and software are our property and/or content providers. Your use of our website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
- SAFEGUARD CLAUSE AND TO CHANGE
Should individual provisions of these Terms would fall or incomplete or that their execution would become impossible, the validity of the remaining provisions shall be unaffected. The contractual partners undertake to replace the invalid provision with a valid provision that qualifies in terms of content, approach as close to their original intent and thus economic objective.
14) APPLICABLE LAW
The law of Switzerland shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the customer has his habitual residence.