Terms and Conditions for Sale of Goods and Delivery and Return

 

  1. Application and Acceptance

 

These Terms and Conditions apply to purchases of goods from Do-Me’s (“Do-Me”, “We” or ”Us”) Website (https://do-me.net/) by the Buyer (“You”). This document also governs the delivery, return and refund of any goods, purchased from Us.

 

Do-Me is owned and administered by Do Me AG, a company registered in Switzerland, under company number CHE- 154.709.287, with its seat and registered address at Lindenstrasse 16, 6340 Baar, Switzerland.

 

When purchasing goods from our Website you are deemed to have agreed to these Terms and Conditions and accept them.

 

These Terms and Conditions and the quotation (together, the “Contract”) apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

  1. Interpretation and Definitions

 

A “business day” means any day other than a Saturday, Sunday or national Swiss holiday.

 

“Goods” means any products or items, offered to the general public on the Website.

 

The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

 

  1. Goods

 

The description of the Goods is provided on our Website, unless expressly changed in a quotation sent to you. By accepting our quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us.

 

We can make any changes to the specification of the Goods in order to comply with any applicable safety or other statutory or regulatory requirements.

 

The price (“Price”) of the Goods is set out in our quotation issued at the date of your order or such other price as we may agree in writing.

 

If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labor costs, alteration of exchange rates or duties, or changes to delivery rates, we reserve the right to increase the Price prior to delivery.

 

Any increase in the Price under the clause above will only take place after and if we have informed you about it.

 

You may be entitled to discounts, any and all of which will be at our discretion.

 

The Price is exclusive of fees for packaging and delivery / shipping.

 

The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent local authorities.

 

  1. Cancellation and alteration

 

Details of the Goods as described in the previous clause and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

 

The quotation (including any price negotiated in accordance with the clause on Price (above)) is valid for a period of 7 days from the date shown in it unless expressly withdrawn by us at an earlier time.

 

Either of us can cancel the order without providing a reason prior to your acceptance (or rejection) of the quotation.

 

  1. Payment

 

We will invoice you for the Price either:

 

  • on or at any time after delivery of the Goods (if agreed separately); or
  • upon placing your order on the Website.

 

You agree to pay the Price within 7 days of the date of invoice or as otherwise agreed or stipulated when making an order on the Website.

 

All payments must be made in the agreed currency.

 

You must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law.

 

  1. Delivery

 

We will arrange for the delivery of the Goods to the address specified in the quotation, or your order, or to another location we agree in writing.

 

If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

 

Subject to the specific terms of any special delivery service, delivery can take place at any time of the day.

 

If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

 

  1. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to storage, transportation and insurance; and / or
  2. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
  3. after 14 business days, resell or otherwise dispose of all or part of the Goods and charge you for any shortfall below the price of the Goods.

 

Any dates quoted for delivery are only approximate, and the time of delivery is not of the essence to the Contract. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery address or acceptance of the Goods.

 

  1. Inspection and Acceptance

 

You must inspect the Goods on delivery or collection.

 

If you identify any damages or other discrepancies with the description of the goods, you must inform us in writing within 14 days of delivery, providing details of the damage or discrepancies.

 

Unless otherwise agreed, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, carry out an inspection.

 

Subject to your compliance with this clause and/or our agreement, you may return the non-compliant Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

 

We will be under no liability or further obligation in relation to the Goods if:

  1. if you fail to provide notice as set above; and/or
  2. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
  3. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
  4. the defect arises from normal wear and tear of the Goods; and/or
  5. the defect arises from misuse or alteration of the Goods, negligence, willful damage or any other act by you or any third parties.

 

You bear all risks and costs related to returning the Goods.

 

  1. Return and Refund

 

In accordance with European Union regulations, you may return Goods, purchased from the Website, within 14 days of your purchase. Please note that we shall provide a full refund of the price, paid by you, within 14 days of receiving back the Goods, by the means you have used to make payment to us.

 

To be eligible for a refund, you must return the Goods in their unsealed original packaging, unused and in marketable condition.

 

In order to claim a refund, please fill out our Withdrawal Form and send it to (INSERT EMAIL ADDRESS), which you can find here.

 

Please note that you shall bear all costs associated to the return delivery of the Goods.

 

  1. Risk and title

 

The risk in the Goods will pass to you upon delivery.

 

Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for the Goods.

 

  1. Termination

 

We can terminate the sale of Goods under the Contract:

  1. in the case of you committing a breach of your obligations under these Terms and Conditions; or
  2. if you are, or are to become, or we suspect you to become bankrupt or subject to bankruptcy procedures within reasonable time; or
  3. if in our reasonable opinion a material change occurs which can potentially alter your financial position and ability to meet your obligations under the Contract.

 

  1. Limitation of Liability

 

Notwithstanding anything to the contrary in the Contract and except to the extent

required by law, the Seller shall not be liable to the Buyer for any loss of profit (actual or

anticipated), loss of use, loss of contracts, loss of opportunities, loss of revenue, costs of replacement, loss of reputation, loss of information or data, loss from any third party contracts, loss due to business interruption, loss of interest, loss of power, cost of purchased or replacement power, contractual claims from third parties or any indirect, incidental, special or consequential losses or damages arising from or in connection with its performance or non-performance under this Contract and whether based upon contract, tort, or any other legal theory.

 

Our total liability will not, in any circumstances, exceed the amount of the total Price payable by you.

 

The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

 

  1. Notices and Communications

 

Any notice required or permitted to be given by either Party to the other under these Terms and Conditions shall be in writing and signed by an authorized representative of the Party.

 

All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

 

Notices may be delivered by hand, or by prepaid registered post or by fax and shall be deemed to have been served:

 

  1. if by hand, at time of delivery;
  2. if by prepaid registered post, 5 business days after posting;
  3. if by fax, on the date printed on the fax transmission report produced by the sender’s machine.

 

  1. Force Majeure

 

Neither party shall be liable for any failure or delay in the performance of their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

  1. No Waiver

 

No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision under these Terms and Conditions or any other agreement between the parties

 

  1. Severability

 

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part such provision shall be construed, limited or if

necessary, severed to the extent necessary to eliminate such invalidity or unenforceability and the validity of any other provisions of these Terms and Conditions shall remain valid and enforceable.

 

  1. Governing Law

 

The Contract between the parties (including these Terms and Conditions) shall be governed by and construed in accordance with the laws of Switzerland.

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