Applicable for sales contracts from 1st January 2018
Scope and Information About the Seller
1.1 The present ’General Terms and Conditions’ (hereinafter referred to as ‘GTC’) govern the rights and obligations between Dagsmejan Ventures AG, Lerchenfeldstrasse 3, CH-9014 St. Gallen (hereinafter referred to as ‘Dagsmejan’) and its customers (‘Customers’) purchasing products (hereafter referred to as 'Products') sold via Dagsmejan’s own web shop (hereafter referred to as 'Site')
1.2 Dagsmejan reserves the right to modify these GTC on occasion. The GTC come into force at the time the contract is concluded, i.e. the date when Dagsmejan confirms the customer’s order.
1.3 All access to and use of this Site is governed by these terms. By placing an order with Dagsmejan, it is deemed that the Customer has read, understood and agreed to these GTC.
Conclusion of Contract
- Firstly, select desired merchandise and place it without commitment in the shopping cart using the ‘Add to Cart’ button. You can then look at the content of your cart without being committed to make a purchase.
- Secondly, insert the data required to register for or log on to the Site in order to access and check previously saved billing and shipping data.
- Thirdly, confirm the desired delivery type.
- Fourthly, choose the mode of payment.
- Finally, check the order again before sending it off by clicking on the ‘Buy Now’ button. If you find any errors in your order please correct them before clicking ‘Buy Now’ by going back to the part of the order process concerned (cart, customer information, shipping method, payment).
- Customers will receive a printable order confirmation by e-mail after placing the order.
2.1 The display of the Products and the indications of prices on the Site do not constitute legally binding offers, rather are only invitations to Customers to submit a binding offer.
2.2 Only persons of at least 18 years of age and accountable may place an order. For customers under 18 years of age and not accountable, a signature from a legal guardian is necessary.
2.3 Dagsmejan does not issue acceptances of orders, rather only confirms the receipt of the customer’s order. The actual delivery of Dagsmejan’s Products shall constitute Dagsmejan’s acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the Customer, i.e. also if Dagsmejan debits the customer’s credit card account as per the details provided by the Customer. Dagsmejan reserves the right to refuse a Customer’s offer and not to deliver the ordered Products if they are not available from Dagsmejan’s suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. on the Site shall by no means be legally binding; only the Products’ manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to Dagsmejan shall be relevant. If Dagsmejan cannot deliver the ordered Products to the customer in accordance with the Customer’s order (price and product specifications) Dagsmejan will inform the Customer immediately and will refund the advance payments received.
2.4 Customers warrant that all details provided for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card used is the customer’s own and that there are sufficient funds in the account to cover payment of the Product(s) ordered.
2.5 Unless explicitly stipulated in writing by Dagsmejan, the delivery dates indicated by Dagsmejan shall only be non-binding reference points even though they are given to the best of Dagsmejan’s knowledge. Should a delivery be delayed beyond the date explicitly confirmed by Dagsmejan in writing, the customer may set a period of grace of at least three weeks. After expiry of the grace period, the customer may withdraw from the respective order. Further claims are excluded.
2.6 Dagsmejan shall be entitled to cancel or not carry out respectively confirmed orders at any time, especially if Dagsmejan’s suppliers do not supply Products to Dagsmejan.
2.7 Modifications to the order or cancellations required by the Customer are only valid if confirmed by Dagsmejan in writing. Costs already incurred to Dagsmejan may be charged to the Customer.
2.8 Dagsmejan shall be entitled to make partial deliveries, and the customer must accept partial deliveries.
2.9 No guarantee is given for all technical data and information regarding the scope of delivery, i.e. Dagsmejan shall not be liable for any damage which might arise because of deviations thereof.
Price and Terms of Payment
3.1 Prices payable by Customer are in the currency indicated and effectual at the time of acceptance of the order by Dagsmejan.
3.2 Prices indicated on the Site include Value Added Tax (VAT) but exclude shipping charges (Dagsmejan offers free shipping for orders above a certain volume and to some locations), charges a shipping fee for others (precise information regarding shipping charges can be found under the delivery section of the Site) and (only where applicable) import duties. Outside of the EU there may be VAT, handling and custom fees and duties payable which will be the sole responsibility of the customer and may need to be paid at the time of delivery.
3.3 Prices are subject to change at any time.
Payment and Delivery
4.1 Dagsmejan will charge credit or debit cards upon dispatch of the Products ordered. Dagsmejan reserves the right to verify credit or debit card payments prior to acceptance. Methods of payment accepted by us can be found on the Site under Ordering and Payment.
4.2 In case of default in payment, Dagsmejan shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.
4.3 Delivery methods and expected delivery time of Products may differ according to the destination country and are clearly indicated on the Site.
4.4 For customers in Switzerland and Liechtenstein Dagsmejan offers payment on on invoice. In the event of late payment, processing fees will be charged in accordance with the fact sheet of www.fairpay.ch .
Risk and Retention of Title
Dagsmejan will only dispatch Products once payment in full has been received. The ownership of the Products will pass to the Customer upon dispatch by Dagsmejan.
For Customers resident in Switzerland and Liechtenstein Dagsmejan offers payment by invoice.
Dagsmejan reserves the right of ownership for the purchased item until the bill is fully paid.
Right of Withdrawal
6.1 Customer may cancel a contract and return any delivered Product to Dagsmejan for any reason, provided that the Customer has notified Dagsmejan in writing within 14 days of delivery.
6.2 To exercise the right of withdrawal, you must inform Dagsmejan via email using the following addresses:
For Customers with residence in Switzerland: firstname.lastname@example.org
For all other Customers: email@example.com
Any withdrawal need to entail the following information:
I/we (*) hereby give notice that I/we (*) withdreaw from my/our contract of sale of the following goods,
Ordered on (*) / received on (*)
Name of Customer
Address of Customer
Signature of Customer
(*) Delete as appropriate
6.2 To initiate the return process, the Customer must follow the process as described in the returns section of the Site under Easy returns.
6.3 The Products must be returned to Dagsmejan in their original condition, meaning undamaged, clean and in their original packaging with all tags still attached. The returned goods are in the ownership and at the responsibility of the Customer until they have arrived at the address indicated for returns. After 14 days, the Customer can still return the Products ordered in case of workmanship an/or material flaws proviced the products are returned in their original condition as mentioned above.
6.4 Dagsmejan’s return policy can be found on the returns section of the Site under Easy returns.
6.5 Once the Customer has notified Dagsmejan about the wish to cancel the contract, any sum debited to Dagsmejan will be refunded as soon as possible and in any event within maximum 30 days of the ordered item(s) being receiving back in Dagsmejan’s warehouse.
Goods Damaged During Transport
Should the Customer notice upon delivery that the Products ordered have been damaged during transport Dagsmejan’s customer service should be contacted via:
For Customers with residence in Switzerland: firstname.lastname@example.org
For all other Customers: email@example.com
The warranty period is valid for 1 year and starts upon dispatch of the Products ordered by the Customer. Any defect covered by the warranty shall be remedied by Dagsmejan at no charge for the Customer. This will be done either in the form of replacement of the product or a full refund as long as the products are unworn and unwashed and have workmanship and/or material flaws. Normal wear and tear and modifications of the Product are excluded from any warranty claims.
Limitation of Liability
Dagsmejan shall only be liable for direct damages and only if the customer can prove that Dagsmejan, its auxiliaries or third parties instructed by Dagsmejan have acted with gross negligence or with unlawful intent. In any event, Dagsmejan’s liability shall be limited to the (purchase) prices of the delivery/service in question. Further liability for damages of any kind by Dagsmejan, its auxiliaries or third parties instructed by Dagsmejan shall be excluded.
Applicable Law and Jurisdiction
Contractual relations shall be governed by Swiss law to the exclusion of international treaties, particularly the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (the Vienna Convention). The court of jurisdiction for all such conflicts arising, directly or indirectly, out of the contractual relationship between the parties shall be that of St. Gallen, Switzerland.
Dagsmejan complies with all data protection laws and will use data which could identify the Customer only as set out in the Privacy Statement.
12.1 All rights to the entire content of this website, including text, graphics, photos, images, videos and software are reserved and may be protected by copyright, trademark and other rights. Without the express approval of the respective owner of the rights it is not permitted to use, publish, duplicate, edit, otherwise save or make available the website or parts of it.
12.2 Some areas of the can be password-protected or may only be accessible to registered users. There is no right to be registered by Dagsmejan. Dagsmejan can block or revoke access data at any time for cause. Users must enter accurate information when registering and check that this information is still accurate when placing subsequent orders. Users must also keep their user names and passwords secret and must not pass these on to third parties.
12.3 The Site may contain hyperlinks to other websites over which Dagsmejan has no control. Dagsmejan provides these links to help the Customer search for further information on certain topics. Dagsmejan accepts no responsibility for these Internet sites (content from third-party providers). The respective provider or operator of these sites is always responsible for their content.
12.4 We endeavour to maintain this Site carefully. Nonetheless, the information shown here may have since changed or even always have been inaccurate. We therefore accept no liability that the information provided with no commitment outside a contract is accurate, complete or up to date; thus, users are themselves responsible for their use of the Site’s content.
12.5 Dagsmejan can change or remove the information, content or structure, etc. of this Site, including the legal information, at any time without prior notification.
13. Closing Provisions
Should any of the provisions in the GTC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.