General

1.1 These general terms and conditions (hereinafter GTC) regulate the rights and obligations between didahei.shop (Didahei.shop), (hereinafter supplier) and the customer with regard to all between the parties in the online shop of the supplier, available at www.didahei .shop, and contracts concluded in the shop. The General Terms and Conditions form an integral and supplementary component. With the order, the customer accepts these terms and conditions as a binding part of the contract.

1.2 The General Terms and Conditions apply in the version current at the time the contract is concluded.

1.3 General terms and conditions of the customer or third parties that conflict with or deviate from the following provisions shall not apply.

Registration at www.didahei.shop

2.1 When ordering goods and/or creating a customer account on www.didahei.shop, the customer will be asked to register and to provide their personal data.

2.2 When entering the personal data required for registration, the customer is responsible for providing truthful and complete information. He is obliged to treat the personal access data confidentially and not to make it accessible to unauthorized third parties. The confirmation of the registration takes place immediately after sending the registration.

2.3 The customer must refrain from any disruption to the website www.didahei.shop or further use of the accessible data outside of the use intended for the platform. Any manipulations with the aim of obtaining unauthorized payments, unauthorized deliveries or other advantages to the detriment of the supplier or other parties involved can, in addition to legal consequences, also result in the loss of access to www.didahei.shop. Customers are entitled to use the online offer within the scope of the respective availability. The content may only be used for your own private, non-commercial purposes.

2.4 Each customer is entitled to maintain only one customer account. The supplier reserves the right to delete customer data, in particular multiple registrations, at any time and without giving reasons or to block a user name or password.

2.5 There is no entitlement to permanent availability of the website or access to the data or other services offered. The supplier does not guarantee that the website will be available without interruption.

Offers / Order / Order Confirmation and Order Changes

3.1 The listing of the range at www.didahei.shop alone does not constitute a legally binding offer. The presentation on the internet is non-binding.

3.2 The order by the customer via the online shop represents a binding offer to conclude a purchase contract. The customer then receives confirmation of the receipt of the order from the supplier. This confirmation does not constitute acceptance of the offer on the part of the supplier. The supplier reserves the right to reject the application without giving reasons.

3.3 The contract is deemed to be legally binding as soon as the supplier confirms acceptance of the order in writing after receipt of the order (binding order confirmation).

3.4 The supplier expressly points out that the conclusion of the contract is subject to the availability of the items or products by their suppliers or manufacturers.

3.5 The order confirmation, including any documents to which it refers, is solely authoritative for the scope and execution of the order and services. Materials or services not included in the order confirmation will be charged to the customer separately.

3.6 The products are always delivered according to a sample, illustration or sketch. Deviations in size, colour, structure and processing are reserved. Deviations are unavoidable, particularly in the case of subsequent or supplementary orders, unless the supplier has otherwise agreed in writing. Incorrect information/representations due to technical defects in the technical infrastructure are also reserved.

3.7 Decorative items and accessories shown in the picture are not part of the product range unless explicitly listed and mentioned. Accessories and decorative items can be purchased separately.

3.8 Subsequent changes to the order by the customer are only binding for the supplier if the supplier agrees to this in writing. Any costs arising from the order change are to be borne by the customer.

3.9. The customer's right of return is expressly excluded. The supplier has the right to make improvements.

Price

4.1 The sales prices stated in the online shop/website are delivery prices up to the curb for unassembled items, subject to different declarations in individual cases.

4.2 In the case of sales in the shop, the prices given are understood to be pick-up prices for unassembled items, subject to different declarations in individual cases.

4.3 The customer is obliged to pay the price listed in the order confirmation in Swiss francs (CHF) plus VAT and any other costs listed in the order confirmation. The time of the order is used to determine the price. The supplier can make price changes at any time without prior notice.

4.4 Services such as home delivery (number of floors, if applicable), assembly and disposal and the shipping costs for deliveries by post are not part of the purchase price. Any additional costs for assembly and disposal of old furniture must be paid to the carrier/courier or fitter in cash upon delivery on site.

4.5 Subject to deviating agreements, the prices are net.

terms of payment

5.1 The supplier accepts the payment methods shown to the customer during the ordering process.

5.2 All invoiced amounts are due immediately upon dispatch of the order confirmation.

5.3 Payments are to be made in advance by credit card, Pay Pal, Twint and on account, or unless otherwise agreed. Payment deadlines must also be observed if the delivery is delayed.

5.4 Payments are to be made in full to the account specified by the supplier without deducting discounts, expenses, taxes or fees of any kind.

5.5 Discounts and vouchers are only accepted under the conditions shown on the voucher/receipt. Entering a voucher code or claiming a discount takes place during the payment process. Discounts not claimed can no longer be granted subsequently. Discounts cannot be accumulated.

5.6 If the customer does not meet his payment obligation, he will be in arrears at the end of the set payment period without further reminder and is obliged to pay the statutory default interest of 5%, unless otherwise agreed. The supplier does not charge any costs for the one-off payment reminder. For the 1st reminder, CHF 5.00 and for the 2nd reminder CHF 20.00 are due as reminder costs. At the end of the 64th day of delay, the supplier is entitled to initiate a debt enforcement or other legal action. In the event of default or jeopardy of payment, the supplier is also entitled to withdraw from the contract and to demand the return of the products. Compensation for further damage remains reserved.

5.7 Offsetting without the consent of the supplier is excluded.

retention of title

7.1 The supplier remains the owner of the products until the purchase price has been paid in full.

7.2 The supplier is entitled to arrange for the entry in the retention of title register (or in a comparable register abroad) at the customer's expense if it considers its claim to be at risk.

7.3 The customer is obliged to take all actions and measures that are necessary to protect the property of the supplier. In the event of any interference with the property rights of the supplier (e.g. through seizure), the customer must notify the supplier immediately and hold the supplier harmless.

Collection from the collection warehouse

8.1 There are no shipping costs for collection from the collection warehouse. The customer has 10 days from receipt of the collection invitation or after the telephone notification to accept the products. If the customer is prevented from doing so, he must report this in good time, otherwise the supplier will invoice him for the resulting storage costs upon collection. The order will only be handed over upon presentation of the order confirmation and the purchase receipt.

Delivery times and costs

9.1 The supplier attaches great importance to maintaining the availability information carefully and identifying it as precisely as possible. However, there may be delays in delivery due to production and delivery bottlenecks, incorrect inventory data or other reasons. All information on delivery times is therefore non-binding and without guarantee and can change at any time and without notice. The delivery period begins with the conclusion of the contract, but at the earliest after receipt of all information, documents and down payments required by the customer. The products are deemed to have been delivered when they are handed over to the post office or another carrier.

9.2 The products will be shipped or delivered to the delivery address specified by the customer at the time of the order. Delivery takes place right into the apartment.

9.3 Deliveries are made Monday to Friday from 10 a.m. to 6 p.m. by carrier/courier. At the customer's request, special delivery dates can be agreed for a flat rate of CHF 50.00. Special regulations apply to the cantons of Jura, Ticino, Graubünden and Valais, which must be requested separately. The customer is usually informed about the time window (delivery in the morning or in the afternoon) around 1 to 2 days before delivery. The customer can request the hourly delivery date from the carrier/courier for an additional charge of CHF 80.00 and book it directly.

9.4 Delivery and shipping in Switzerland are carried out at the costs shown in each individual case. These are listed before placing the order. For shipping and deliveries abroad, the information is recommended prices; the supplier must be contacted directly for information on the specific prices. The costs specified in advance can be adjusted to the costs actually incurred after delivery or dispatch. Any customs duties and other fees and/or taxes are the responsibility of the customer.

9.5 In the event of delays in delivery, the customer will be informed by the supplier as soon as possible. If not all ordered products are in stock, the supplier is also entitled to make partial deliveries at his own expense, provided this is reasonable for the customer. If the products ordered are finally not available (e.g. because they are defective or sold out), the payments made will be fully refunded, but no further costs will be assumed.

9.6 If a delivery cannot be delivered to the addressee, a new delivery will be made, whereby the customer has to bear the additional costs incurred as a result. This applies in particular in the event that the customer has given incorrect address information when ordering.

9.7 The customer guarantees that the conditions for delivery are met on site without any special effort (e.g. doors, corridors, stairwells, etc.). If delivery to the apartment has been agreed, but the delivered goods (due to their size, shape, weight, etc.) cannot be transported to the house or apartment in the normal way via stairs and/or elevator, the customer is responsible for to take the necessary precautions at his own expense (such as organizing a goods lift). In this case, the supplier is entitled to deposit the goods in front of the house; it has thus fully met its obligations. In such cases, the delivered goods will only be taken back by the supplier in exceptional cases and against the full assumption of the associated costs by the customer.

9.8 Delayed deliveries only entitle the customer to withdraw from the contract in writing after a grace period of at least 12 weeks has been set. The liability of the supplier for costs caused by delay is excluded. Delayed deliveries up to 12 weeks do not entitle the customer to a discount.

Packaging and Transport

10.1 The packaging of the goods is carried out by the supplier at the expense of the supplier. The packaging that the supplier deems appropriate will be used.

10.2 The transport takes place at the expense and risk of the customer. When ordering in the online shop, delivery is made to the apartment/house. The means of transport that the supplier deems appropriate will be used.

10.3 Complaints about transport damage must be made in writing by the customer to the railway, post office or carrier immediately after receipt of the goods.

10.4 The customer is obliged to inform the supplier in good time of any special requests in connection with transport, packaging and delivery (e.g. express or partial deliveries, special arrival times, special means of transport, packaging or destinations, etc.) and to bear the additional costs caused by this. The supplier is not obliged to consider special requests.

Assembly

Most products are delivered assembled. Before delivery, the carrier discusses the effort involved in assembling the product with the customer. The assembly costs are to be paid in cash to the carrier on site.

Transfer of benefit and risk

12.1 Use and risk pass to the customer upon conclusion of the purchase contract.

12.2 It is up to the customer to take out appropriate transport insurance.

Inspection and acceptance of the products

13.1 The supplier shall inspect the products to the extent customary prior to shipment.

13.2 The customer must carefully inspect the products for any defects immediately upon receipt. Any complaints must be reported to the supplier immediately, at the latest within 3 days of receipt of the products, in writing and in detail by registered mail or email to info@didahei.ch (defects must be recorded with a photo). If the customer fails to make such a complaint, the delivered products – subject to any hidden defects – shall be deemed free of defects and approved.

13.3 Defects that come to light later, which the customer did not identify upon receipt of the products and which could not have been identified even with an inspection carried out with all due care in accordance with clause 13.2, must be reported by the customer to the supplier in writing and by registered mail immediately after they have been identified to rebuke.

13.4 Defects reported in good time and recognized by the supplier will be remedied as quickly as possible by the supplier, at its discretion, by repair, replacement or price reduction. The customer must give her the opportunity to do so. For products from the Far East, the customer must expect waiting periods of up to 4 months.

warranty

14.1 The warranty period is 24 months and begins when the products are received.

14.2 The supplier does not provide any guarantee for sale goods and furniture from outlets. The customer has no warranty claims in this regard.

14.3 A warranty claim can only be asserted by the customer upon presentation of the purchase contract.

14.4 The supplier has the right to provide the warranty, at its own discretion, by replacing the product, repairing it free of charge or reducing the price.

14.5 If the supplier fails to remedy the defect within the warranty period, the customer has the right to withdraw from the contract in the case of serious defects and to request a price reduction in the case of minor defects.

14.6 The warranty expires as soon as the customer or a third party makes changes or repairs to the delivered goods without the prior written consent of the supplier or if the customer, if a defect has occurred, does not immediately take all suitable measures to reduce the damage and the supplier gives the opportunity to fix the defect.

14.7 The warranty and liability of the supplier are excluded in particular for defects and damage that are due to normal wear and tear, excessive strain, poor maintenance, improper handling or damage by the customer or third parties, as well as for defects that are due to external influences (force majeure, etc. ) are due.

exclusion of further liability

With the exception of the liability according to paragraphs 13 and 14 above, any liability of the supplier and their auxiliary persons towards the customer is excluded to the extent permitted by law, including in particular liability for damage that has not occurred to the products themselves (e.g. consequential damage), for lost profit or other financial losses of the customer.

copyrights

The supplier reserves all rights to all product descriptions, images, photos as well as text and media data on www.didahei.shop, in particular the rights to processing and publication.

data protection

The supplier points out to the customer that the data recorded as part of the conclusion of the contract is collected, processed and used to fulfill the obligations arising from the purchase contract and can also be used for marketing purposes. By accepting the General Terms and Conditions, the customer consents to the transfer to third-party partners (e.g. logistics partners, Swiss Post) for operationally necessary purposes. We use the signals from Google Signals,

withdrawal from the contract

18.1 The customer can cancel an order in the online shop within 24 hours of receiving the order confirmation free of charge and in writing.

18.2 The cancellation options set out in Section 18.1 above do not apply to orders in shops, by telephone, Ricardo, online platforms or e-mail.

18.3 If the customer withdraws from the contract in good time, he is obliged to return any goods that have already been delivered to him unopened, complete and undamaged to the supplier’s warehouse at his own expense within a maximum of 7 days (in the original packaging or in a transportable condition). Alternatively, the customer can also request the return transport by the supplier at his own expense (the supplier is entitled to this if the right to offset the transport costs against the purchase price).

18.4 Refunds for an online purchase will be made using an online voucher. The refund for a brick-and-mortar purchase is made through a voucher for the brick-and-mortar stores. A refund in cash is excluded in both cases.

Changes and additions

The supplier expressly reserves the right to change these GTC at any time and to apply the changed GTC immediately.

Jurisdiction and Applicable Law

20.1 The exclusive place of jurisdiction for the customer for disputes arising from or in connection with this contract is the registered office of the supplier, currently the place of jurisdiction is Gossau 9200 Gossau. The supplier is unilaterally entitled to prosecute the customer at any other location.

20.2 This contract is subject to Swiss law, excluding the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (so-called “Vienna Convention”).