Terms of service

 

1. Scope

These General Terms and Conditions ("GTC") apply to all services provided by BLOKK3 by Dema (hereinafter the "Company") in the online shop (www.blokk3.com) and become valid upon conclusion of a contract. All deliveries, services and offers of BLOKK3 by Dema are made exclusively on the basis of these GTC, even if they are not expressly agreed again. By submitting an order to BLOKK3 GmbH you confirm that you have read these GTC and expressly agree to them.

1. Conclusion of contract

The contract is concluded by the acceptance of the Company’s offer regarding the purchase of products by the customer.

The contract is in any case concluded when the customer orders or directly purchases the products offered by the Company via the Company’s online shop.

1. Prices

Unless otherwise offered, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT).

The prices are exclusive of packaging and shipping costs. The actual shipping costs are displayed in the shopping cart before the order is completed.

The Company reserves the right to change prices at any time. The prices valid at the time the contract is concluded, as shown on the Company’s website and in accordance with the Company’s price list, shall apply.

1. Payment

The Company offers the customer the following payment options: credit card, PayPal, Google Pay, Apple Pay and Twint.

If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the specified reminder period, they automatically fall into arrears.

From the time of default, the customer owes default interest at a rate of 5% (five percent).

Set-off of the invoiced amount against any claim of the customer against the Company is not permitted.

The Company has the right to refuse delivery or the provision of services in the event of late payment.

1. Obligations of the Company

5.1. Delivery / delivery dates

Goods are generally shipped by post or courier. The delivery period within Switzerland is usually 2 to 4 working days, unless otherwise stated for the respective product. However, this information is given without guarantee. For deliveries abroad, the delivery period depends on the recipient’s location. If the purchaser provides an incorrect address or an address that cannot be located by the postal service, the return costs charged by the postal service must be borne by the purchaser. In the event of a refund request, 50% of the purchase price will be refunded.

If timely delivery is not possible, the customer will be informed by the Company within 5 (five) working days of receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the Company’s registered office is deemed to be the place of performance. The Company fulfils its obligations by handing over the ordered products to the postal service or the agreed carrier. If no carrier is agreed, the Company is free to choose a carrier. The agreed delivery costs may not be increased by the choice of carrier.

5.2. Auxiliary persons

The parties have the express right to engage auxiliary persons to fulfil their contractual obligations. They must ensure that the engagement of such auxiliary persons complies with all mandatory statutory provisions and any collective labour agreements.

1. Exchange / refund

An exchange of products or a refund is generally excluded.

1. Warranty

The statutory warranty provisions apply.

The Company warrants the above for a maximum period of 12 (twelve) months. Any defect must be reported to the Company in writing without delay.

1. Liability

Liability for any indirect damage and consequential damage resulting from defects is fully excluded.

Liability for direct damage is limited to the sale price of the product. This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The customer is obliged to report any damage to the Company without delay.

Any liability for auxiliary persons is fully excluded.

1. Minor product deviations

Due to modifications by manufacturers and suppliers, the design of an item may change slightly. In such cases, liability is excluded.

1. Intellectual property rights

All rights to the products, services and any trademarks are held by the Company or the Company is authorised by the owner to use them.

Neither these GTC nor any related individual agreements entail the transfer of any intellectual property rights, unless this is explicitly stated.

1. Data protection

The Company may process and use the data collected in the course of concluding the contract in order to fulfil its obligations under the contract. The Company takes the measures required to secure the data in accordance with statutory provisions. The customer fully agrees to the storage and contractual use of their data by the Company and is aware that the Company is obliged and entitled, by order of courts or authorities, to disclose information about the customer to them or to third parties. Unless the customer has expressly prohibited it, the Company may use the data for marketing purposes.

Furthermore, the data protection provisions apply.

1. Amendments

These General Terms and Conditions may be amended unilaterally by the Company at any time without prior notice.

1. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that further specify the provisions of these GTC take precedence over these GTC.

1. Severability clause

Should any provision of these GTC or any appendix to these GTC be or become invalid, this shall not affect the validity of the remaining provisions of the GTC. The parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the GTC.

1. Confidentiality

Both parties and their auxiliary persons undertake to treat as confidential all information that is disclosed or obtained in connection with the services. This obligation continues to apply after the termination of the contract.

1. Force majeure

If timely performance by the Company, its suppliers or engaged third parties becomes impossible due to force majeure such as epidemics, natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company is released from fulfilling the affected obligations for the duration of the force majeure and a reasonable start-up period thereafter. If the force majeure lasts longer than 60 (sixty) days, the Company may withdraw from the contract. The Company must refund the customer any payments already made in full.

Any further claims, in particular claims for damages due to vis major, are excluded.

1. Applicable law / place of jurisdiction

These GTC are governed by Swiss law. Unless mandatory statutory provisions take precedence, the courts at the Company’s registered office have jurisdiction. The Company is free to bring an action at the defendant’s place of residence. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

18. Shipping address and changes

Please note that we cannot accept any liability for the accuracy of the shipping address you provide. If an incorrect address is entered, we cannot guarantee that a change of address can be taken into account after the order has been completed and before dispatch, as the shipping process may begin immediately. We therefore recommend that you carefully check the address you have entered before completing your order.

    19. Labelling of products (personalised?)

Personalised products are subject to tolerances with regard to the lettering/numbering. It may occur that the labelling is not 100% perfectly straight or symmetrical to the millimetre. 

If it is excessively misaligned or asymmetrical, you can contact us and request a refund or a replacement at the Company’s expense.

20. Purchase on account via POWERPAY

Purchase on account with instalment option (POWERPAY)

MF Group / POWERPAY, as an external payment service provider, offers the “purchase on account” payment method. With the single invoice you can easily pay for your online purchase by invoice. If you do not make a payment within the specified period, you will subsequently 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 handles the corresponding payment modalities. By choosing purchase on account, you accept, in addition to our GTC, the <a href="https://www.powerpay.ch/de/agb" target="_blank">GTC</a> of POWERPAY. (powerpay.ch/de/agb).

21. Parcel refused due to customs charges.

If you do not accept the parcel because of the customs charges and have it returned, 50% of the purchase price will be refunded in the event of a refund. 

22. Availability of free gifts

We are pleased to occasionally offer you a free gift with your order. Please note that the availability of these gifts is limited. Even if the gift is indicated on the website or on the delivery note, there is no entitlement to the gift if our stock is exhausted. We ask for your understanding that in such cases no replacement or subsequent delivery is possible.

23. No assurance of specific characteristics

The product information, images, size specifications and descriptions shown on the website are for general information purposes only.
They do not constitute a binding assurance of specific characteristics or suitability for a particular purpose.
Minor deviations in colour, shape or workmanship do not constitute a defect and do not entitle the customer to return or replacement.

24.  No liability for third-party content and services

The Company accepts no liability for the content, availability or errors of third-party providers (e.g. payment services, shipping service providers or linked external sites).
For outages, delays or damage caused by such external services, only the respective third-party provider is responsible.