Terms and conditions of delivery of AdultDreams
| §1. | Validity of the conditions |
| §1.1 | Deliveries, services and offers from AdultDreams are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. These conditions are deemed to be accepted when the goods or services are ordered. The buyer's general terms and conditions of purchase are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing. |
| §2 | Offer and conclusion of contract |
| §2.1 | The offers of AdultDreams on the website (www.AdultDreams) in price lists and advertisements are non-binding and subject to change. Orders are only binding for AdultDreams after written confirmation. An "order confirmation" automatically generated by our shop system is not binding for AdultDreams. Order confirmations are only issued upon express request. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guidelines and do not represent a guarantee of properties unless they are expressly stated to be binding in writing. If a buyer exceeds his credit limit with an order, we are released from our delivery obligation. |
| §2.2 | An order placed by the customer is binding. |
| §3. | Products |
| §3.1 | All product descriptions provided are, unless expressly stated as binding, subject to change and non-binding. |
| §3.2 | In particular, the existence of so-called guaranteed properties must be expressly confirmed by us in writing. We do not guarantee the suitability of a product for a specific purpose unless this has been expressly confirmed by us in writing. |
| §4 | Prices |
| §4.1 | The prices stated in our order confirmation are decisive. These are fixed for stock items at the time of ordering. In the event of delivery bottlenecks or errands, the daily price on the day of the order applies. Unless otherwise agreed, the prices are exclusive of transport costs and include statutory VAT. |
| §5. | Delivery/Payment |
| §5.1 | The goods remain the property of AdultDreams until all claims arising from the business relationship with the customer, to which we are entitled for any legal reason, have been settled. |
| §6. | Delivery times |
| §6.1 | All delivery agreements must be made in writing. |
| §6.2 | Delivery dates given by us are subject to timely delivery to us. Delivery times and stock information for products are non-binding. |
| §6.3 | Partial deliveries and partial services are permitted. The customer is not entitled to reject a partial delivery or partial service. |
| §6.4 | Delayed delivery does not occur in the event of force majeure or due to events that make delivery significantly more difficult or impossible. This includes operational disruptions, force majeure, strikes, etc., regardless of whether these occur in our own company, that of the supplier or subcontractor. In this case of delayed delivery, the buyer cannot claim damages for delay or compensation for non-fulfillment. |
| §6.5 | In any case, please grant us a grace period of 2 weeks for delivery. This begins from the time we receive the goods. |
| §7. | Payment |
| §7.1 | Invoices are generally to be paid cash on delivery or in advance, or in cash upon collection. |
| §7.2 | Delivery on open account requires prior express written confirmation by AdultDreams. We reserve the right to refuse this without giving reasons. |
| §8. | Transfer of risk |
| §8.1 | All risks are transferred to the buyer as soon as the goods have been handed over to the person or persons carrying out the transport or have left the AdultDreams warehouse for dispatch. The customer bears the risk for items sent to us until they arrive at our place of business. |
| §9. | Transport damage |
| §9.1 | Transport damage is not handled by AdultDreams, but by the responsible transport company. In the event of transport damage, please contact the transport company immediately. |
| §10. | Scope of delivery |
| §10.1 | Visible quantity differences must be reported to AdultDreams and the freight carrier in writing immediately upon receipt of the goods, and hidden quantity differences must be reported within 3 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the consignment. |
| §11. | Warranty |
| §11.1 | The warranty period for new products supplied by us is generally 24 months. |
| §11.2 | Used goods are generally sold without any warranty as we only act as an "agent". |
| §11.3 | We do not provide a guarantee on consumables (batteries, rechargeable batteries, lubricants, oils, tampons, etc.). |
| §11.4 | To the extent that the manufacturer provides additional guarantees, such as warranties that go beyond the 24-month warranty period, this only applies between the customer and the manufacturer. |
| §11.5 | The buyer must report obvious defects immediately, but no later than 5 days after receipt of the delivery, in writing (by post). If the customer violates this obligation, any warranty claim against AdultDreams is excluded. In the event of a complaint about defects, the buyer is obliged to return the defective device with all accessories to AdultDreams in the original packaging at his own expense and risk, together with a precise description of the defect (RMA form), details of the model and serial number, and a copy of the invoice. |
| §11.6 | In the event of defects in the delivery item, we are entitled to repair the defective item twice or to deliver a new one. If the inspection reveals that the device is free of defects, the seller is entitled to invoice the buyer for the inspection costs against payment of a flat rate of CHF 100.00 plus VAT per item inspected. This also applies to goods not purchased from VON AdultDreams. The buyer is entitled to provide evidence of lower costs and the seller is entitled to provide evidence of higher costs. In this case, the buyer must also pay the shipping costs. These are charged in advance together with the inspection costs. |
| 11.7 | Warranty claims against AdultDreams are only available to the immediate purchaser and are not transferable. |
| §12. | Warranty and liability limitation |
| §12.1 | We are only liable for errors in the advice given by our employees in accordance with the following approach if advice has been agreed in writing. The entire liability of AdultDreams for claims of any kind is limited to the amount of the purchase price of the goods delivered by us. Liability for consequential damages of any kind is excluded. Furthermore, AdultDreams accepts no liability whatsoever for failure to follow the instructions contained in this homepage. |
| §12.2 | Claims for damages against AdultDreams are excluded. |
| §12.3 | Natural wear and tear is excluded from the warranty. |
| §12.4 | The customer is informed of the possibility of data loss due to technical failure and the resulting need for daily data backup. When processing important data, a customer acts with gross negligence if he fails to back up daily. Before handover, the customer must back up the data at his own expense, as data loss cannot be ruled out during repairs. |
| §12.5 | If a customer delivers a device for repair, service or testing purposes, he agrees that all of his data will be deleted without further notice or prior notification and without saving it. The customer is responsible for backing up the data before delivery and for restoring the data. He releases us from all liability for lost data. |
| §12.6 | When software and literature are delivered, the manufacturer's special license or other conditions apply in addition to these provisions. If software is included in the delivery, the customer is permitted to use it solely for his own use, i.e. he may not copy it for use by third parties or allow it to be used by third parties. |
| §12.7 | If operating or maintenance recommendations (any) are not followed or if changes are made to the goods, parts are replaced, or consumables are used that do not correspond to the original specifications, any warranty obligation for AdultDreams shall be void. |
| §12.8 | If the guarantee seal on the product in question is destroyed, this also leads to the expiration of the warranty obligation for AdultDreams. |
| §13. | Exchange and return |
| §13.1 | Returns/exchanges of products are generally not possible. Products that were specially ordered for the customer cannot be exchanged/returned. Exchanges/returns of configured systems (complete systems, BTO) are also not possible. If products are nevertheless taken back in special cases after consultation with VON AdultDreams, then a so-called "buyer's regret" comes into effect and we must charge 30% of the sales price for our efforts. The price basis for all returns and exchanges is the current price (if this is higher than the price paid, the maximum price paid will be refunded) on the day of the exchange/return. |
| §14. | Returns |
| §14.1 | For returns, we require that the defective part or device is sent or delivered to AdultDreams for repair with a completed repair form and a copy of the invoice with which the device was delivered. Returning products by the customer requires the prior consent of AdultDreams and is at the customer's expense and risk. Products must be returned in their original packaging and accompanied by a detailed description of the error/defect and a returns number. Products that we procure at the customer's request and opened software cannot be returned. Exchanging parts, assemblies or entire devices does not result in new warranty periods coming into effect. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices to be repaired, the buyer must ensure that any data on them is backed up by making copies, as this may be lost during repairs. |
| §14.2 | The customer has no possibility to carry out or have carried out a repair at AdultDreams's expense. |
| §15. | Retention of title |
| §15.1 | The goods remain our property until all claims against the customer to which we are entitled for any legal reason have been settled. |
| §16. | Other claims for damages |
| §16.1 | Liability for any consequential damage is excluded. We are only liable for further claims for damages if we can be accused of intent or gross negligence. |
| §17. | Cancellations |
| §17.1 | Cancellation of orders is only possible with the written consent of AdultDreams. |
| §18. | Refusal of acceptance / non-delivery |
| §18.1 | If the buyer refuses to accept the delivery items after the expiry of a grace period granted to him or declares that he does not want to accept the goods, AdultDreams can refuse to fulfill the contract and demand compensation for non-fulfillment. AdultDreams is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the buyer as compensation. |
| §19. | Jurisdiction |
| §19.1 | The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is 8630 Rüti ZH. The legal relationship is subject exclusively to Swiss law. |
| §20. | Data protection |
| §20.1 | AdultDreams undertakes to comply with data protection regulations when processing customer data. Further information on how customer data is handled can be found in the separate data protection declaration. The data protection declaration is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the data protection declaration. |
| §21. | Liability for links |
| §21.1 | We have placed links to other websites on this site. The following applies to all of these links: We would like to expressly stress that we have no influence on the design and content of the linked pages. We therefore expressly distance ourselves from the content of all linked pages on this website and do not adopt their content as our own. This declaration applies to all links on our website. |
| §22. | Trademark |
| §22.1 | The trademarks used are the property of their respective manufacturers. |
| §23. | Illustrations/ Technical data / Scope of delivery |
| §23.1 | Illustrations, technical data and scope of delivery (especially for bulk) may differ from the article (changes by the manufacturer). Logos, images, names and data are the property/information of the respective manufacturer. There is NO entitlement to software bundles specified by the manufacturer if the manufacturer delivers the article elsewhere! |
| §24. | Severability clause |
| §24.1 | AdultDreams reserves the right to change the general terms and conditions at any time. If one or more provisions of these terms and conditions are or become legally invalid, the validity of the remaining provisions shall remain unaffected. In place of any invalid provision, a valid provision shall be agreed that comes as close as possible to the economic meaning and purpose of the invalid provision. |