TERMS AND CONDITIONS
Standard Terms and Conditions (STC) of Dodax AG
as of January 2018
I. GENERAL PROVISIONS
(1) Dodax AG, c/o VISTA CONSULT AG, Postplatz 1, 6301 Zug ("Dodax"), sells via the online shop website www.dodax.ca (the "Website") products (the "Products") to persons that have placed an order for the purchase of the Products via the Website ("Customer"; Dodax and the Customer are referred to individually as "Party", together as the "Parties").
(2) All business relationships between Dodax and its Customers shall be governed by these Standard Terms and Conditions ("STC") as amended on the date of the contract conclusion.
(3) These STC shall apply exclusively. Dodax shall only be bound by diverging STC of its Customers if Dodax has expressly agreed to them in writing. These STC are the basis for and part of any Purchase Contract, which the Customer concludes with Dodax (the "Purchase Contract").
(1) Each order of goods is subject to a previous registration as Customer with Dodax. Multiple registrations under different names or addresses are not allowed. After successful registration, Dodax gives the Customer access to the system.
(2) The admission to the system may be revoked by Dodax at any time without giving any reason.
(3) With regard to the order of goods which are subject to an age rating, Dodax may demand the previous submission of a copy of the identity card or another satisfactory proof of age.
(1) The presentation of Dodax' range of Products on its Website represents no binding offer by Dodax for the conclusion of a Purchase Contract.
(2) The order of goods is only possible by using the way of communication presented to the Customer in the ordering process. An order of goods placed by the Customer constitutes a binding offer to Dodax to buy such Products subject to these conditions. Dodax shall confirm receipt of the order by e-mail to the Customer (confirmation of receipt of order). The confirmation of receipt of order does not represent an acceptance of the purchase offer. It merely informs the Customer about the receipt of the purchase offer.
(3) The contract between Dodax and its Customer is concluded only by written acceptance of the order (an e-mail is sufficient) and/or the dispatch of the Product ordered to the Customer or by making it available for download. The acceptance is subject to legal permissibility and availability of the goods or services ordered. If Dodax cannot accept the Customer's purchase offer, it will inform the Customer accordingly. Goods which are merely temporarily out of stock shall be reserved for the Customer and the purchase offer shall remain binding.
(1) All prices are inclusive value added tax at the statutory rate and exclusive of packaging and transport fees. The prices indicated are subject to any price changes by Dodax' suppliers. Dodax reserves the right to adjust prices accordingly. Despite efforts to eliminate errors, Dodax Website may still contain incorrect prices or descriptions of Products. In these cases, Dodax, at its discretion, will contact its Customers prior to shipment or cancellation of the order and shall inform the Customer about the cancellation.
(2) The Customer accepts the prices and payment terms specified on the Website as binding by placing the order.
(1) Dodax exclusively accepts the methods of payment presented to the Customer in the ordering process.
(2) In principle, the purchase price and any packaging and transport fees fall due upon conclusion of the contract. Dodax may make the delivery of the Products subject to their previous payment without giving any reason.
(3) If the Customer does not meet his/her payment obligations totally or in part, default interest shall be charged in the amount of 5 %, and Dodax may cancel the contract in writing, irrespective of the delivery date stipulated. Dodax may charge a fixed dunning cost fee of CHF 10.00 per written payment reminder. Dodax reserves the right to claim further damages, including collection costs.
(4) Dodax reserves the right to verify payment by credit card or by direct debit prior to acceptance of the Customer's order.
(5) The Customer is not allowed to set off payment against counter-claims or to withhold payment for objected goods. The assignment of claims against Dodax by the Customer is not allowed.
(6) Vouchers, bonus programs or discounts granted cannot be accumulated within one order.
(1) The Products are shipped by post or by courier to the Customer's delivery address as specified in the order. Partial deliveries are permissible, the additional costs of which are borne by Dodax.
(2) In the event of a subsequent change of address by the Customer, Dodax has the right to charge any additional costs caused thereby to the Customer.
(3) The delivery periods and dates specified on the Website or Dodax' order confirmation, if any, are merely estimates. Dodax may not be held liable for delays in delivery.
(4) The risk of accidental deterioration or accidental loss shall pass to the Customer upon dispatch of the Product.
(5) The delivery takes place at the shipping costs specified in the respective order process.
(6) In the case of deliveries by download, the Customer's right to the proper functioning of a download expires when all available licenses are used up, e.g. by copying to mobile playback devices, re-installation of the computer system, etc.
(1) In principle, orders placed are binding, and the Customer is obliged to accept the goods.
(2) Irrespective of his/her rights under the law, the Customer may return the Products, in return for a credit note, within 14 days without giving any reason if the Products are in perfect and saleable condition. A return is excluded for
- perishable goods;
- picture, sound-recording and data media (CDs, DVDs, records, etc.) unless they are returned unused, intact, welded or sealed, and in the original packaging;
- Products which by their nature are not suitable for return shipment (e.g. delivery through download, e-books, etc.);
- Products produced according to the Customer's specifications.
(3) Defective or falsely supplied goods are replaced by Dodax, if possible. If it is not possible to repair or replace the defective goods, both Parties have the option to withdraw from the contract.
(4) The Customer shall bear the costs and risk related to the return of the Products unless the Products supplied do not correspond to those ordered.
(1) The Customer shall immediately inspect the goods for correctness, completeness and intactness when the goods are received or downloaded. Dodax must be informed about visible defects immediately after discovery, at the latest, however, within ten (10) calendar days after the receipt or download of the damaged merchandise. Otherwise any warranty rights are forfeited.
(2) Notification of hidden defects by the Customer shall be given within ten (10) calendar days after discovery, at the latest, however, within 12 months after the receipt of the damaged merchandise. Notifications of defects must be given in writing, specifying the individual type and extent of the defects complained of.
(3) If notification of a defect is not given within the period stipulated, the goods shall be deemed to have been accepted.
(1) Dodax only accepts liability for intent or grossly negligent behavior of its employees, statutory representatives and vicarious agents. The liability for indirect damage and resulting damage caused by use, lapse of production or from loss of production is excluded to the extent permitted by law.
Dodax has the right to use Customer reviews or feedbacks without limitation and to publish them totally or in part, with or without mentioning the author.
(1) Dodax reserves the right to adjust and modify these STC at any time. The adapted and/or modified STC shall be published on its Website and become binding upon publication.
(2) The Customer's consent is not required for adjustments and modifications of the STC which are done merely with regard to ambiguities.
Provider and contracting partner for the offers on this Website:
c/o VISTA CONSULT AG
(1) Should one or several clauses of these Terms be, or become, void, ineffective or unenforceable, the validity of the remaining provisions shall not be affected thereby. They shall be replaced by effective or enforceable clauses which come closest to the economicpurpose intended.
(2) The Swiss law shall apply exclusively to these STC excluding the application of the International Law on Sales pursuant to the United Nations Conventions on Contracts for the International Sale of Goods of April 11, 1980.
(3) If the Customer is a fully qualified merchant, the venue for all disputes arising from or in connection with this contract, shall be the place of Dodax' registered office, otherwise Art. 32 ZPO [Swiss Code of Civil Procedure] shall apply.