Terms and Conditions
Overview of the General Terms and Conditions:
1. Scope
2. Conclusion of contract
3. Prices and shipping costs
4th delivery
5. Terms of payment
6. Retention of title
7. Return and Cancellation
8. Service and Warranty
9. Personalized items – Special conditions
10. Products and availability guarantee
11. Redeeming discount codes
12. Conditions of Participation for Competitions
13. Liability
14. Place of jurisdiction and applicable law
15. Customs duties and taxes (for international orders)
16. Minimum order value
17. Contract changes
18. Availability of the Website/Services
19. User's Conduct Obligations
20. Right to reject orders
21. Intellectual Property
22. Customer service and accessibility
1. Scope
These general terms and conditions (GTC) apply to all orders and deliveries processed via the website darkenique.ch by Amanda Thwaites, Hombergstrasse 1, 5712 Beinwil am See, Switzerland (hereinafter referred to as the "provider"). By ordering products on darkenique.ch you agree to these GTC.
2. Conclusion of contract
The contract is concluded when the customer places an order on the website and the provider confirms this order by email. The purchase contract becomes effective upon confirmation. Offers on the website do not represent legally binding offers, but an invitation to the customer to make an offer.
3. Prices and shipping costs
All prices on the website are stated in Swiss francs (CHF) and, unless otherwise stated, do not include VAT, as the company falls under the small business regulation and is exempt from VAT. Shipping costs are shown separately in the ordering process and are to be borne by the customer.
4th delivery
Delivery is made to the delivery address provided by the customer. Deliveries are only possible within Switzerland and Liechtenstein. Delivery times are stated on the website and begin with the dispatch of the order confirmation. If unforeseen delays occur, the customer will be informed immediately.
5. Terms of payment
Payment can be made by credit card, PayPal, Twint or bank transfer. The customer is obliged to make the payment within the specified period. If payment is not made, the provider reserves the right to cancel the order.
6. Retention of title
The goods remain the property of the provider until full payment has been made. If payment is not made on time, the provider reserves the right to withdraw from the contract and reclaim the goods.
7. Return and Cancellation
In Switzerland, there is no legal right of withdrawal for online purchases. Therefore, the provider does not accept returns of items unless they are damaged or defective upon receipt.
A right of return is only granted if the goods are damaged. In this case, the customer must complain to the provider immediately after receipt and send the goods back. The customer bears the costs of the return shipment. The provider will examine and decide whether a refund or replacement delivery will be made. Returns or refunds for undamaged goods are excluded.
8. Service and Warranty
The provider guarantees that the goods delivered meet the usual quality standards. However, a guarantee for certain product properties or a specific durability is only granted if this is expressly stated on the product page. In the case of damaged or defective products, the customer has the right to repair or replacement, as far as possible.
The provider is not obliged to repair or replace products if the damage was caused by improper use, normal wear and tear or improper care of the product.
9. Personalized items – Special conditions
If the customer has items personalized according to their own specifications (e.g. through engraving or adjustments), production will be carried out exactly according to the information provided by the customer. The provider accepts no liability for any errors that arise due to inaccurate specifications from the customer.
Since personalized items are individually manufactured products, returns or exchanges are not possible unless there is a manufacturing defect.
10. Products and availability guarantee
The products shown on the website are available while stocks last. If a product is no longer available after the order has been placed, the customer will be informed immediately. In such a case, the provider is entitled to withdraw from the contract and will immediately refund the customer the amount already paid.
11. Redeeming discount codes
Discount codes issued as part of promotions can only be redeemed during the specified period and under the specified conditions. Discount codes can only be used once per person and order and are not transferable. A combination of multiple discount codes is not possible.
Discount codes cannot be used for personalized items or discounted products unless explicitly stated.
12. Conditions of Participation for Competitions
Participation in competitions organized by the provider is free and voluntary. Participation is only possible for adults residing in Switzerland or Liechtenstein. The winner will be chosen by drawing lots and notified in writing. Legal recourse is excluded. The prize cannot be paid out in cash.
13. Liability
The provider is liable exclusively for damages caused by intentional or grossly negligent behavior. Any further liability is excluded to the extent permitted by law. The provider assumes no liability for indirect damages or consequential damages, in particular lost profits.
14. Place of jurisdiction and applicable law
These Terms and Conditions are subject exclusively to Swiss law. The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is the registered office of the provider in Beinwil am See, Switzerland.
15. Customs duties and taxes (for international orders)
If delivery outside Switzerland or Liechtenstein is possible, additional customs fees, taxes or other import charges may apply, which must be borne by the customer. The provider is not liable for such charges.
16. Minimum order value
A minimum purchase value may be set from time to time. If a minimum purchase value is set for a promotion or discount code, this must be reached before it can be redeemed.
17. Contract changes
The provider reserves the right to change these terms and conditions at any time. The amended terms and conditions come into effect as soon as they are published on the website. The terms and conditions in the version valid at the time of the order apply.
18. Availability of the Website/Services
The provider assumes no liability for the permanent availability of the website or for technical faults that prevent or interrupt access to the website. No guarantee is given that the website will operate without interruption at all times.
19. User's Conduct Obligations
The customer undertakes to provide correct information when using the website and not to engage in any fraudulent activities. The provider reserves the right to block user accounts in the event of misuse or fraud.
20. Right to reject orders
The provider reserves the right to refuse orders without giving reasons. In this case, the customer will be informed immediately and any payments already made will be refunded.
21. Intellectual Property
All content on the website, including texts, images, graphics and logos, are the intellectual property of the provider or its partners and may not be used without written consent.
22. Customer service and accessibility
If you have any questions or complaints, you can contact our customer service by email at info@darkenique.ch.
