Terms of service
1. SCOPE OF APPLICATION
1.1. Our range of goods in the online shop is aimed exclusively at consumers with a habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as"customers").
1.2. Operator of the online shop at www.day-shop.ch (hereinafter"Online Shop") and your contractual partner is:
C/O SG SPEDITION
1.3. These general terms and conditions (hereinafter"GTC") apply to all contracts concluded between you as a customer and us as the operator of the online shop www.day-shop.ch (hereinafter"Seller"or"DAY AG"). As part of the ordering process, you accept the terms and conditions in the version applicable at the time the order is placed.
2. CONCLUSION OF CONTRACT
2.1. The offer to conclude a purchase contract is made by the customer by clicking the"order now"button after completing the order page. The customer remains bound to the order for one week. The contract is binding if we place the order within this period in accordance with section 2.3. accept.
2.2. After submitting the order, the customer receives an automated email with which we confirm receipt of the order (order confirmation). The order confirmation only serves to inform that we have received the order.
2.3. A contract is only valid when we declare our acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (shipping confirmation) or, at the latest, by delivering the goods.
2.4. The contract is only concluded for those items that are expressly listed in our invoice, the order confirmation or shipping confirmation. This also finally results in the scope of services.
2.5. The final contract is in German. The data stored by us serve as proof of the conclusion of the contract and the transaction.
2.6. The customer has the option of printing out the order and the data entered during the ordering process. It is also possible to open a customer account. The order data can be viewed in the customer account after entering the personal access data. DAY AG reserves the right to block customer accounts at its own discretion without giving reasons.
3. PRICES AND SHIPPING CHARGES
3.1. All prices are net in Swiss francs (CHF) including VAT, any advance recycling fees and copyright fees. We reserve the right to make changes to the prices, conditions and vintages stated on the website;
Price differences between products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in brick-and-mortar retail are possible. There is no entitlement to a subsequent price adjustment or credit.
There are also local, regional and national promotions, discounts and price reductions on products and services in stationary retail that cannot be offered identically online. There is no entitlement to a subsequent price adjustment or credit.
3.2. The delivery costs are calculated as follows:For orders under CHF 500.00, shipping and packaging costs of CHF 10.- apply.
4. PAYMENT & RETENTION OF TITLE
4.1. The purchase price can be paid either by credit card (VISA, Mastercard, Maestro, Twint and American Express) or PAYPAL, if provided and available on the website. When paying by credit card, the data is transmitted in encrypted form.
4.2. Orders are payable immediately, taking into account the following provisions.
4.3. Please note that our webshop is primarily geared towards the needs of our private customers. For this reason, it is not possible for us to subsequently issue invoices, receipts or VAT statements for your online order.
5. DELIVERY & TRANSFER OF RISK
5.1. The seller limits the deliveries to the territory of Switzerland and the Principality of Liechtenstein. The delivery takes place directly to the delivery address and contact person given by the buyer.
5.2. If not all of the goods ordered are in stock, we are entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either partially or in total for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
5.4. Our performance is a dispatch obligation and is fulfilled with the handover to the transport person. After dispatch, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. We are not responsible for any fault on the part of the transport company used.
5.5. The information in the online shop or in our order confirmation in accordance with Section 2.3. specified delivery times are calculated from the time of our order confirmation.
6. DUTY TO EXAMINE AND NOTICE, LIABILITY FOR DEFECTS
6.1. You are obliged to check the delivered products as soon as possible in the normal course of business and to report any defects to our customer service at email@example.com without delay. If you fail to do so, the products are considered approved. The approval is deemed to have been given in any case, provided that the customer has not submitted a complaint to customer service by email within 8 days of delivery.
6.2. Defects that were not recognizable during a proper inspection according to the above paragraph must be reported to our customer service immediately after discovery by email to firstname.lastname@example.org, otherwise the ordered products are also considered approved with regard to these defects.
6.3. The defective product must be returned with a copy of the invoice/delivery note and a detailed description of the defect. The return address will be communicated to the buyer by email after receipt of the written complaint. The transport costs incurred are borne by the customer.
6.4. We guarantee by eliminating defects. At our discretion, this is done either through supplementary performance, namely removal of a defect (subsequent improvement) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.
6.5. If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of minor defects. A right of the customer to a reduction is excluded. This disclaimer also extends to all claims that compete with the warranty rights, be it those arising from a contract (Art. 97 ff. OR), offense (Art. 41 ff. OR), contestation of the contract due to error (Art. 23 ff. OR.) Etc.
6.6. The warranty does not cover normal wear and tear and the consequences of improper handling or damage by the buyer or third parties, as well as defects that can be traced back to external circumstances:
In particular, worn, soiled or damaged items are excluded from the guarantee.
Incorrect storage is not considered a guarantee.
6.7 The customer does not receive any guarantees in the legal sense from the seller. Of course, manufacturer guarantees remain unaffected. The seller assumes no liability for the descriptions of third parties, in particular customers in the context of the online shop, resp. customer ratings published on our social media presences.
7. RETURN POLICY
7.1. The customer has the right to return the delivered goods within 14 calendar days (from the date of delivery or confirmation of receipt). The return period is met if the goods are handed over to the post office or another shipping company for return on the last day.
7.2. The goods must be in their original packaging, complete with all accessories and with the enclosed delivery note/return note and any guarantee certificate. For the return form, see www.day-shop.ch
7.3. The goods must be returned to the following address, enclosing the completed return slip and a copy of your invoice that you have received by e-mail:
DAY AG (RETURN)
C/O SG SPEDITION
7.4. The customer bears the costs of the return. Shipping costs and gift wrapping costs are non-refundable. Promotional and discount vouchers are also non-refundable. If the goods are not returned in proper condition, we will charge you for the loss in value.
7.5. If the goods are properly returned, we will reimburse the customer for the total price paid after checking the goods. A reimbursement is always based on the means of payment used for the purchase.
8.1. All cases of breaches of contract and their legal consequences as well as all claims of the customer, regardless of the legal reason for them, are conclusively regulated in these terms and conditions. Other claims by the buyer - regardless of the legal basis - are excluded, as far as legally permissible. The seller, her auxiliaries and any vicarious agents are not liable for damage that did not occur to the goods themselves, in particular not for consequential damage, lost profit or other financial damage to the buyer.
9.1. The collection and processing of personal customer data by the seller is explained in the data protection declaration. This forms an integral part of the contract in these terms and conditions.
9.2. The customer hereby consents to the storage of the personal data entered by him when using the website. This also applies to the storage of the IP addresses that 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. A transfer of personal data to the advertiser does not take place.
9.3. The customer also agrees that the seller may use the customer's personal data for direct marketing purposes. This includes advertising to customers by email and post.
9.4. By accepting the terms and conditions, the customer confirms the accuracy of the information provided
10. SEVERABILITY CLAUSE & RESERVATION OF CHANGE
10.1. Should individual provisions of these terms and conditions be ineffective or incomplete, or should fulfillment become impossible, this shall not affect the effectiveness of the remaining provisions. The contracting parties undertake to replace the ineffective provision with a permissible effective provision which, in terms of its content, comes closest to the original intention and the economic purpose pursued with it.
10.2. All changes or additions to these terms and conditions must be in a form that 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 change, he implicitly agrees to the new terms and conditions.
10.3. Differing contractual conditions of the customer, including those which the customer declares to be applicable together with the acceptance of the contract, do not become part of the contract. They are only valid if and to the extent that they have been expressly accepted by the seller in writing.
11. APPLICABLE LAW/JURISDICTION
Swiss law applies exclusively to the exclusion of the conflict-of-law norms of the Vienna Sales Convention. The place of jurisdiction is the ordinary courts at the registered office of the seller.