Terms of Service
1.1 Dreifeder is a trademark of Andtex GmbH. The following general terms and conditions (GTC) between Andtex GmbH and its customers, hereinafter also referred to as the "purchaser" or "buyer", apply to all business relationships, including all orders by telephone, fax, internet, email or by letter. The version of the General Terms and Conditions valid at the time of the order is decisive. These also apply to all future terms and conditions, even if they are not expressly agreed again. When placing the order, the customer accepts the following terms and conditions.
1.2 Deviations from these terms and conditions are only effective if Andtex GmbH acknowledges and confirms them in writing. Purchasing conditions of the customer do not oblige, even if Andtex GmbH does not expressly contradict them. Counter-confirmations by the customer with reference to his business or purchasing conditions are hereby rejected.
2. Offer and conclusion of contract
2.1 The customer's order represents an offer to Andtex GmbH to conclude a purchase contract. After receipt of the order, Andtex GmbH will inform the customer of the receipt of his order by email (order confirmation). The order confirmation does not constitute acceptance of the customer's offer. The purchase contract is concluded with the acceptance of the offer by Andtex GmbH. The acceptance takes place through the dispatch confirmation sent by email or by delivery of the goods. Andtex GmbH can accept the offer within two weeks of receipt of the customer's offer.
2.2 Andtex GmbH only concludes contracts with legal entities and natural persons with unlimited legal capacity who have reached the age of majority. If it turns out that the customer is not yet of legal age, Andtex GmbH is entitled to withdraw.
2.3 Andtex GmbH is entitled to withdraw from the contract if it is not supplied correctly and / or in time by its suppliers. The customer will be informed immediately about the unavailability of the goods. Considerations made by the customer will be refunded immediately.
2.4 If an article is not available, Andtex GmbH reserves the right to offer the delivery of a replacement article - at least equivalent in price and quality. The customer is free to accept or reject this offer.
2.5 The information in the sales documents or in the Andtex GmbH online shop (illustrations, drawings, dimensions, weights, product descriptions, prices and other services) are only to be understood as guidelines and do not represent any assurance of properties, unless they are expressly stated in writing designated as binding.
3. Prices and costs
3.1 The prices include the statutory value added tax applicable in Switzerland and excluding shipping costs. The prices at the time of the order apply. The prices published on dreifeder.ch or in the sales documents are in CHF.
3.2 The customer has to bear all additional taxes, customs duties and / or costs incurred for deliveries to countries other than Switzerland. These are not included in the prices.
3.3 The shipping costs of the ordered goods are to be borne by the customer.
4. 14-day right of return
4.1 The buyer has the option to return an order within 14 days at his own expense.
4.2 If the product has been worn or damaged and therefore cannot be resold, the sales price will be charged to the customer.
4.3 Any postage costs incurred must be borne by the buyer.
4.4 The order will be checked, assigned and canceled upon arrival. The money transferred back or any claims reduced.
4.5 If Andtex GmbH incurs additional costs, these will be charged to the buyer. Administration fees of CHF 20.- per return are due.
5. Terms of payment / reservation of title
5.1 The purchase price is due for payment upon acceptance of the order and the order confirmation by Andtex GmbH.
5.2 The customer pays according to the payment modalities valid at the time of the order.
5.3 Discount and discounts are not permitted.
5.4 A payment is only deemed to have been made when Andtex GmbH can dispose of the amount.
5.5 All deliveries are subject to retention of title. The goods remain the unrestricted property of Andtex GmbH until the purchase price including all ancillary requirements has been paid in full.
6 Purchase on account with installment payment option (POWERPAY)
As an external payment service provider, MF Group / POWERPAY offers the payment method “purchase on account”. With the single invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will receive a monthly invoice with an order overview in the following month.
When the purchase contract is concluded, POWERPAY takes over the resulting invoice claim and processes the corresponding payment arrangements. When purchasing on account, you accept the terms and conditions of POWERPAY in addition to our terms and conditions . (powerpay.ch/de/agb).
7. Cancellation policy
No right of withdrawal
8. Limitation of liability and rights to defects
8.1 If there is a defect in the goods ordered, the statutory provisions apply, unless otherwise agreed below.
8.2 If Andtex GmbH is liable for damage to the customer due to simple negligence on the basis of the statutory provisions, the following applies: liability for simple negligence only exists in the event of delay or impossibility or breach of an essential contractual obligation and is based on the reasonably foreseeable typical damage (contract-typical average damage) limited. It is also limited to the order value. No compensation will be paid for lost profits.
8.3 Apart from that, the legal liability of Andtex GmbH remains unaffected, in particular liability for intent, fraudulent concealment of a defect, gross negligence and any liability regardless of fault. Any liability from the possible assumption of a guarantee remains unaffected.
8.4 The limitation of liability also applies to third parties who are included in the scope of protection of the contractual relationship.
8.5 The legal representatives, employees and vicarious agents of Andtex GmbH are not further liable than Andtex GmbH itself.
8.6 Warranty claims are initially limited to supplementary performance. The supplementary performance takes place without recognition of a legal obligation and does not lead to a new beginning of the limitation period. Only if the subsequent performance fails can the customer withdraw from the contract or reduce the purchase price.
8.7 If the delivery item is defective, the defect must be reported to Andtex GmbH immediately after receipt of the goods, a notification by e-mail being sufficient. Access to Andtex GmbH is decisive for compliance with the deadline. A breach of the above obligations excludes any warranty claims against Andtex GmbH. If the delivery item is defective or lacks assured properties, the guarantee is given only by replacement delivery. Multiple repairs are permitted. Further claims by the purchaser are excluded, unless the replacement delivery fails after a reasonable period. Then the purchaser can choose to reduce the purchase price or cancel the contract.
9. Complaints, applicable law, place of jurisdiction
9.1 Any complaints on the part of the customer must be addressed in writing to the company address.
9.2 Swiss law shall apply to this contract and to all disputes arising from this contract to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if orders are made from abroad or deliveries are made abroad.
9.3 The place of jurisdiction for any disputes arising from the business relationship is - as far as legally compatible - the registered office of Andtex GmbH
10. Customer reviews
If you write a customer review, product review or similar in the online shop or on other publicly accessible pages, grant us the exclusive and unlimited license for its further use. We reserve the right to display or omit customer reviews after the check without any comment, not or only for a period selected by Andtex GmbH. Customer reviews or product reviews only reflect the opinion of the customer and do not necessarily agree with the opinion of Andtex GmbH.
11. Data protection
12. Final provisions
12.1 The offers of Andtex GmbH are subject to change and non-binding.
12.2 Andtex GmbH endeavors to describe the goods offered as accurately as possible with pictures and information. Our products are not mass-produced, so there may be slight and seasonal variations in images and text descriptions. Due to changes in various materials in the added value and in the manual production of the manufacturers, it is possible in exceptional cases that the manufactured products do not always correspond to the products shown. However, Andtex GmbH makes every effort to keep the article images up to date.
12.3 These terms and conditions represent the entire agreement between Andtex GmbH and the customer. Subsidiary agreements, changes and additions to these terms and conditions (including this clause) must be in writing to be legally effective.
12.4 This version represents the current status, all previous terms and conditions are obsolete.
13. Severability clause
If any provision of these terms and conditions should be or become invalid or unenforceable, the remaining provisions of these terms and conditions remain unaffected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic objectives of the parties. The same applies in the event of a loophole.