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 VAT applicable in Switzerland and include shipping costs. The prices at the time of the order apply. The prices published on dreifeder.com or in the sales documents apply in the currency shown.
3.2 The customer has to bear all additional taxes, customs duties and/or costs that are incurred for deliveries to countries other than Switzerland, Germany, Lichtenstein or Austria. These are not included in the prices.
3.3 The shipping costs for the ordered goods are included in the sales price.
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 return will be inspected upon arrival and, provided the returned items meet the return conditions, the returned items will be refunded. The refund will be made using the payment method selected when ordering.
4.5 If 10%'s automatic discount has been applied to an order over 200.-, but the residual value is less than this amount due to the return, the discount will no longer be valid and the difference between the amount paid and the original sales price without discount will be refunded.
4.6 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 partial payment option (PowerPay AG)
With the PowerPay monthly invoice, online purchases can be paid for easily by invoice with the option to pay in installments. As an external payment service provider, MF Group / PowerPay offers the payment method “payment by invoice”. When the purchase contract is concluded, PowerPay takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, the buyer also accepts the terms and conditions Terms & Conditions by PowerPay. (powerpay.ch/de/agb).
7. Terms of Delivery
7.1 Deliveries are made according to the shipping conditions valid at the time of the order. The ordered goods will be delivered to the address specified by the customer. The delivery times are non-binding.
7.2 After the 1st delivery attempt, the risk of transport and the risk of the goods spoiling pass to the customer, since delays in acceptance can result in the goods spoiling.
7.3 Andtex GmbH is entitled to make partial deliveries and partial services at any time. These must be justifiable to a reasonable extent for the customer.
7.4 Delivery and service delays due to force majeure and due to events that make delivery significantly more difficult or impossible for Andtex GmbH (this includes in particular strikes, lockouts, official orders, etc.) even if they occur in the deliveries for Andtex GmbH or whose sub-suppliers step in, Andtex GmbH is not responsible for deadlines, even if deadlines have been agreed as binding. They entitle Andtex GmbH to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the hindrance lasts longer than 5 working days, Andtex GmbH is entitled, after a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled. If the delivery time is extended or if Andtex GmbH is released from its obligation, the customer cannot derive any claims for damages from this.
7.5 If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, Andtex GmbH is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved.
7.6 The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which he is in default of acceptance.
8. Cancellation policy
No right of withdrawal.
9. Limitation of Liability and Warranty Rights
9.1 If there is a defect in the goods ordered, the statutory provisions shall apply unless otherwise stipulated below.
9.2 If Andtex GmbH is liable under the statutory provisions for damage to the customer due to simple negligence, 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 limited to 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.
9.3 Otherwise, the legal liability of Andtex GmbH remains unaffected, in particular liability for intent, fraudulent concealment of a defect, gross negligence and any no-fault liability. Any liability resulting from the possible assumption of a guarantee also remains unaffected.
9.4 The limitation of liability also applies to third parties who are included in the scope of protection of the contractual relationship.
9.5 The legal representatives, employees and vicarious agents of Andtex GmbH are not more liable than Andtex GmbH itself.
9.6 Warranty claims are initially limited to supplementary performance. Subsequent performance takes place without acknowledgment of a legal obligation and does not lead to a new start of the limitation period. The customer can only withdraw from the contract or reduce the purchase price if the supplementary performance fails.
9.7 If the delivery item is defective, the defect must be reported to Andtex GmbH immediately after receipt of the goods, whereby notification by e-mail is 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 if it lacks guaranteed properties, the warranty is only provided through a replacement delivery. Multiple rectifications are permitted. Further claims of the customer are excluded, unless the replacement delivery fails after a reasonable period of time. The customer can then choose to either reduce the purchase price or cancel the contract.
10. Complaints, Applicable Law, Place of Jurisdiction
10.1 Any complaints by the customer must be made in writing to the company address.
10.2 Swiss law applies to this contract and to all disputes arising from this contract, excluding the UN sales law, even if the goods are ordered from abroad or delivered abroad.
10.3 The place of jurisdiction for any disputes arising from the business relationship is - insofar as legally compatible - the place of business of Andtex GmbH.
11. 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.
13. Final Provisions
13.1 The offers of Andtex GmbH are subject to change and non-binding.
13.2 Andtex GmbH endeavors to describe the goods offered as precisely as possible with illustrations and information. Our products are not mass-produced, therefore there may be slight and seasonal deviations from images and text descriptions. Due to changes in various materials in the added value and in the manual production of the manufacturer, 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.
13.3 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.
13.4 This version represents the current status, all previous terms and conditions are superseded by this.
14. Severability Clause
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the parties' intent economically. The same applies in the event of a gap.