General Terms And Conditions
- Scope Of Application
These terms and conditions apply to contractual legal relationships between the Damari GmbH (hereafter referred to as “Damari”) and its customers in connection with the Cutisonic offerings in the online shop. The submission of an order implies acknowledgement of these general terms and conditions by the customer.
These rules are final. Terms which differ from these conditions, especially the general business terms of the customer, will not be accepted and are consequently not applicable. There are also no agreements, which go beyond those terms. In order to become valid, these agreements and arrangements shall require a written approval.
The products and services, which are offered by Damari through catalogs and/or via the online shop represent non-binding invitation for the customer to submit an offer. The respective specifications and arrangements of said products and services, which are offered by Damari, are without obligation and non-binding.
The contract is not concluded until Damari explicitly confirms the customers order and/or offer, by doing the following:
• Damari will send a written confirmation of order or an order confirmation in text form to the customer, whereby the customer’s receipt of the order confirmation is a crucial factor, or
• Damari delivers the customer the ordered goods, whereby the customer’s access to the goods is a decisive factor, or
•Damari requests a payment from the customer after delivery of the order.
Should several of the above alternatives apply, then the contract is generally considered to be concluded at that point in time, in which one of the aforementioned alternatives occurs first.
The legal value added tax is included in the declared sales price. Our prices are subject to change and errors excepted. Printing errors in our catalog, price lists, special offers or incorrect prices in the online shop do not justify claims for damages or payment deferrals. Price changes will be submitted to you as quickly as possible.
- Terms Of Payment
Customers can choose from several available payment options, which are stated in the online shop. If prepayment has been agreed, payment is due immediately upon conclusion of the contract. If you select the payment method “PayPal”, the payment will be processed via the payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal terms and conditions of use, which are available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things, that the customer needs to open an account with PayPal or already have such an account.
- Delivery And Shipping Terms
We deliver within Europe.
The benefits and risks shall pass to the customer when the goods are handed over to the company, which is responsible for the shipment. All our products are usually always in stock and we deliver within a short time. The goods are delivered regularly by means of the shipping method and to the delivery address specified by the customer. During the processing of the transaction, the delivery address indicated in the order processing of the seller is authoritative.
If the shipping company returns the goods to Damari, because a delivery to the customer was not possible, then the customer shall bear the costs for the unsuccessful delivery.
A collection of the goods by the customer is not possible for logistical reasons.
The customer is obliged to check the delivered goods immediately after receipt of delivery. Possible defects which are covered with Damari Warranty needs to be reported immediately by letter or mail.
If the result of the inspection by Damari of returned goods have no observable defects or these defects are not covered by the manufacturer’s warranty, Damari can charge the machinations, the return or the possible disposal to the buyer.
Of Ownership The goods remain the property of Damari GmbH until full payment has been received.
- Right to cancel / Cancellation policy
The customer has the right to cancel this agreement without obligation for a period of 14 days. The period of cancellation commences on the day the customer takes physical possession of the last shipment of goods. The period of cancellation shall not begin until the purchase agreement has been rendered legally binding by your approval of the received goods.
In order to exercise the right of cancellation, the customer shall notify Damari of his/her decision to cancel the agreement by post, fax, email, or any other form of unequivocal declaration. Compliance with the period of cancellation is given, if the customer dispatches the notification prior to said period’s expiry.
- Effects of Cancellation
In the event that the customer chooses to effectively cancel this purchase agreement, Damari is obliged to reimburse all received payments, including shipping costs (barring any additional costs incurred in the event that the customer chooses a shipping method other than the standard and least expensive shipping rate offered by Damari), without undue delay and no later than 14 days within receiving notification of the declaration of cancellation. Excepting otherwise expressly made previous agreements with the customer, Damari shall employ the method of payment underlying the original transaction. On no account shall the customer incur additional fees related to the reimbursement. Damari is entitled to withhold refunding until receiving either the returned goods or reliable documentation of their shipment, whichever occurs earlier.
The customer shall return the goods to Damari immediately, but no later than 14 days within notifying Damari of the decision to cancel the purchase agreement. Compliance with the deadline is met if the goods are shipped before the expiry of this period.
The customer bears the immediate costs of returning the goods.
The customer shall only be liable for any depreciation of the goods in the case that such depreciation is the result of handling that exceeds the purposes of assessing the condition, the quality, and the functioning of the goods.
- Expiry of the right to cancel
Pursuant to §312g (2) BGB, the customer’s right to cancel does not extend to purchase agreements for the delivery of such goods that are not prefabricated, the manufacture of which is largely dependent on individual selections or specifications set forth by the customer, or that are specifically tailored to the personal requirements of the customer (e.g. personalized goods); moreover, the right to revoke expires prematurely for sealed goods that for reasons of health protection and hygiene are deemed unsuitable for return once their seal has been broken.
- Data Privacy
Damari stores and uses customer data for processing of inquiries and for order processing, and will pass the information on to third parties if required for this purpose. Damari further reserves the right to use the data for the purpose of self-promotion. The customer has the right to dissent the use of his data for advertising purposes at any time.
- Legal Venue
Our business activity is exclusively based on Swiss law. Place of fullfilment and sole court of jurisdiction for all disputes resulting from any business connection is the business location of Damari GmbH. However, Damari also reserves the right to initiate legal proceedings at the user’s court of general jurisdiction.
- Saving Clause
Should any of these terms and conditions are or become invalid either wholly or partly, or contain a loophole, this shall not impair the validity of the remaining provision. The inadequate or incomplete regulation has then to be replaced by such a regulation, whose economic and legal sense comes as near as possible to the regulation, which needs to be replaced.
Damari GmbH – Schweiz
Pfäffikon, Januar 2019