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GTCS

GENERAL TERMS AND CONDITIONS (GTC) FOR WWW.DANCINGQUEENS.CH

As of: 03/01/2024

1. Scope

These general terms and conditions (hereinafter "GTC") apply to all orders placed (worldwide) by customers (hereinafter "customer" or "customers") via the online store of Dancing Queens AG, Pilatusstrasse 30, CH-8330 Pfäffikon ZH, +41 79 590 57 97, contact@dancingqueens.ch, www.dancingqueens.ch, CHE-272.486.111 (hereinafter "Dancing Queens").

These terms and conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions must be expressly confirmed in writing by Dancing Queens in order to be valid. The customer confirms that they fully accept these terms and conditions, including delivery and payment terms, when using this website or ordering products.

2. OFFER ON THE WEBSITE AND IN THE ONLINE STORE

2.1 The information in the online store (e.g. Product descriptions, illustrations, size, weight and other information) do not constitute an assurance of properties or guarantees, unless explicitly stated otherwise. The color values are displayed in the online store as faithfully as possible. However, the original goods may contain deviations from the color values in the online store. Minor color deviations and other variations of the products are possible and due to differences in image capture and display technologies, as well as other reasons. Dancing Queens is not liable for such variations and deviations. The customer cannot derive any rights from typographical errors, product descriptions or obvious errors on the website.

2.2 The offers in the online store are considered non-binding and do not constitute a legally binding offer. Price and product range changes as well as technical changes are reserved at all times.

3. Contract

3.1 The offer in the online store constitutes a non-binding invitation to the customer to order products from Dancing Queens. By clicking on the order button and accepting these terms and conditions, the customer makes a legally binding offer to conclude a contract with regard to the products listed on the order page.

3.2 Immediately after receipt of the order, Dancing Queens confirms receipt of the order by email (hereinafter "order confirmation"). Dancing Queens may accept or reject orders at its sole discretion. In the event that Dancing Queens rejects the order, Dancing Queens may cancel the order without being liable to the customer or third parties. After such a cancellation, any payments already made for the canceled order will be refunded to the customer.

3.3 As soon as Dancing Queens has shipped the products in accordance with the contract, the customer will receive a shipping confirmation by e-mail, in which the shipment of the ordered products is confirmed (hereinafter "shipping confirmation"). A binding purchase contract is only concluded upon receipt of the shipping confirmation by the customer. The order confirmation only documents that the customer's order has been received by Dancing Queens and does not constitute an acceptance.

3.4 In the event of payment in advance, the purchase contract shall be concluded upon confirmation of receipt of the advance payment by the seller.

3.5 Dancing Queens AG shall not be liable for order errors on the part of the customer or other transmission errors.

4. PRICES AND PAYMENT TERMS

4.1 The prices listed in the online store at the time of ordering the products apply. 5.1 The prices stated on the product page include the statutory value added tax, delivery costs and other price components. They are in the stated currency.

4.2 In addition to the stated prices, special shipping costs may apply depending on the delivery address, quantity of goods and item. The exact shipping costs are displayed to the customer during the ordering process and are to be borne by the customer. If customs fees or taxes are charged for the respective order, these must be borne by the customer. Further costs do not apply to the delivery.

4.3 Dancing Queens reserves the right to limit or terminate any special offers or promotions at any time. Any delay in delivery will never lead to a price reduction of the product.

4.4 Payment is made by the payment methods specified during the order process (credit card, PayPal, Twint, invoice or cash in advance).

4.4.1 When selecting the method of payment in advance, Dancing Queens will provide their bank details in the order confirmation. The invoice amount must be transferred to the seller's account within 10 days.

4.4.2 In the case of payment by credit card, the customer's account will be debited at the time of the order, unless otherwise agreed.

4.4.4 Purchase on account with partial payment option (POWERPAY): MF Group / POWERPAY offers the payment method "Purchase on account" as an external payment service provider. With the individual invoice, customers can easily pay for their online purchase by invoice. If you do not make a payment within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month. When concluding the purchase contract, POWERPAY accepts the invoice claim incurred and processes the corresponding payment modalities. In addition to these General Terms and Conditions, the General Terms and Conditions of POWERPAY are accepted for purchase on account (powerpay.ch/de/agb). A valid e-mail address must be provided.

4.5 Offsetting with unrecognized or not legally established counterclaims of the customer is excluded.

4.6 The customer may only exercise a right of retention if the claims are based on the same contractual relationship.

4.7 If the payment is not made within the deadline, the customer is in default and owes Dancing Queens without any reminder an interest on arrears in the amount of 5% from the due date. Dancing Queens is also entitled to retain products already ordered but not yet delivered and to demand reasonable reminder fees. Effectively higher fees remain reserved. The outstanding invoice amount plus any reminder fees and interest may be assigned or sold to third parties for the purpose of collection. All costs associated with the collection (e.g. collection costs and in particular legal fees) shall be borne in full by the defaulting customer. The customer agrees that reminders may be sent by e-mail or by post.

4.8 The customer is obliged to provide in the order all information about themselves  correctly, completely and truthfully.

5. VOUCHERS AND DISCOUNT CODES

5.1 Vouchers

5.1.1 Vouchers are provided with a certain period of validity and may be subject to a minimum order value. Vouchers are only valid for the specified period and can only be redeemed once as part of an ordering process and budget.

5.1.2 Individual brands or products may be excluded from the vouchers.

5.1.3 The value of the products must at least correspond to the amount of the voucher. Vouchers can only be redeemed before the order process is completed. Subsequent credit is not possible.

5.1.4 The credit balance of a voucher shall not be paid in cash nor shall it earn interest. Cumulative redemption of multiple vouchers is not possible. Exceptions will be specified as part of the promotion.

5.1.5 If the credit of a voucher is not sufficient for the order, the difference can be compensated with the payment options offered.

5.2 Discount codes

5.2.1 The discount code will not be refunded if products are returned in whole or in part, provided that the promotional voucher has been issued as part of a promotion and no consideration has been provided for it.

5.2.2 If, due to returns, the total value of the order falls below the respective value of the discount code, Dancing Queens AG reserves the right to charge the original value of the products.

6. TERMS OF DELIVERY

6.1 The products will be sent by post to the destination specified by the customer in the order. The type of packaging is determined by Dancing Queens.

6.2 The delivery time is displayed with the product. These delivery times are to be understood as guidelines.

6.3 Delays in delivery are possible in particular as a result of production bottlenecks, force majeure and operational disruptions in our own operations or at a supplier of Dancing Queens. Claims of the customer as a result of delivery delays, in particular claims for damages, are excluded.

6.4 If not all ordered products are in stock, Dancing Queens AG is entitled to make partial deliveries, insofar as this is possible. No additional costs are incurred by the customer due to partial deliveries. If an ordered product is not or no longer available, Dancing Queens reserves the right to withdraw from the contract. In the event of a delivery delay of more than [two weeks], the customer also has the right to cancel the order without any costs. Payments already made by the customer will be refunded immediately.

6.5 If the delivery of the products fail due to the fault of the customer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded.

7. OBLIGATION TO INSPECT AND NOTIFICATION OF DEFECTS

With the dispatch, benefits and risks are transferred to the customer, insofar as this is permitted by law and nothing else has been agreed. The customer is obliged to inspect the delivered products immediately after receipt of the delivery and to notify Dancing Queens in writing by letter or e-mail, stating the detailed defects, within ten (10) calendar days to the address specified in the imprint. After this period, the product is deemed to be free of defects. Returns to Dancing Queens are at the risk of the customer, but on the account of Dancing Queens. They will be accepted only with a copy of the delivery note and within ten (10) calendar days of Dancing Queens' response to the notice of defects, provided that the product is returned in a clean condition and with reference to the notice of defects.

8. RIGHT OF RETURN WITHOUT DEFECTS IN THE PRODUCT

8.1 Customers have the right to return the products within 30 days of delivery. A timely dispatch is sufficient to meet the deadline.

8.1.1 Switzerland: The right of return is exercised by returning the products. The return slip is included in the package. The return must be sent to the following address:

In Switzerland:

Dancing Queens AG

Pilatusstr. 30

CH-8330 Pfäffikon ZH

Switzerland

Europe:

Dancing Queens AG

c/o SVL Dienstleistungs GmbH

Im Weinberge 3

07381 Nimritz

Germany

ATTENTION: The postage for returns must be borne by the customer themselves.

When the customer exercises the right of cancellation, the purchase contract becomes a return contract whereby the services rendered as part of the purchase contract must be reimbursed. The customer bears the costs and the risk for the return of a product without defects.

8.3 Upon receipt of the product by Dancing Queens, a purchase price already paid will be refunded to the customer immediately.

8.4 The product must be returned complete, in a clean, unused, perfect condition and in the original packaging. Dancing Queens expressly reserves the right to deduct from the purchase price to be refunded or raise an invoice for possible damage, excessive wear and tear of the products or, if agreed, shipping costs of the products. No deduction will be made if the loss in value is due to handling of the products necessary to establish their nature, condition and functionality.

8.5 Dancing Queens can refuse repayment until it has received the products back from the customer.

8.6 The right of return without defects is excluded for the following products:

  • Hosiery
  • Top/sports bras
  • All articles from the section "Accessories"
We charge a 20% penalty and processing fee if the products are still returned.

9 RETENTION OF TITLE

The products remain the property of Dancing Queens until full payment has been made. Prior to the transfer of ownership, pledging, transfer as security, processing or transformation is not permitted without the consent of Dancing Queens AG.

10. WARRANTY

10.1 Dancing Queens endeavors to deliver the products in perfect quality and on time and only guarantees that the products have the agreed quality upon transfer of risk. In the event of defects reported in good time, Dancing Queens assumes the warranty regarding the absence of defects in the products purchased by the customer during the statutory warranty period. In the event of defects, Dancing Queens will, at its discretion, (i) repair the defect (repair) or (ii) deliver a defect-free item (replacement). Dancing Queens is liable for replacement deliveries to the same extent as for the original product. If the supplementary delivery fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A customer's right to a reduction is excluded, but can be offered by Dancing Queens. All other claims are excluded.

10.2 In order to assert a warranty claim, customers must provide Dancing Queens with the necessary evidence (incl. images and clear communication of what is wrong with the product). All claims are examined on a case-by-case basis. Each product has a certain service life, which depends on the model, the materials used and the individual use of the product. In particular, the warranty does not extend to damage caused by an incorrect fit or stress, by normal wear and tear (e.g. sole wear or natural wear of shoelaces/Velcro fasteners) or damage due to improper, incorrect or negligent use of the product. Defects due to external circumstances and force majeure are also excluded from the warranty. Force majeure is understood to mean an event or a series of related events that lie beyond the reasonable control of Dancing Queens or the customer and Dancing Queens or the customer could not prevent by exercising reasonable care.

11. LIABILITY

11.1 Dancing Queens excludes any liability, regardless of its legal basis, as well as claims for damages against Dancing Queens and any auxiliary persons and vicarious agents. Dancing Queens is in particular not liable for indirect damage and consequential damage due to defects, loss of profit or other personal, property and pure financial damage to the customer. The customer reserves the right to further mandatory legal liability, for example for gross negligence or unlawful intent.

11.2 The customer indemnifies Dancing Queens for product liability claims, insofar as they are responsible for the error triggering the liability.

12. DATA PROTECTION

Dancing Queens AG undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in the separate privacy policy of Dancing Queens AG. This can be viewed at any time on the Dancing Queens AG website as well as via the following link.  

13. INTELLECTUAL PROPERTY RIGHTS

All rights to the website, the online store as well as its content, products, logos, etc. are either owned by Dancing Queens or have been licensed to Dancing Queens by third parties. Existing intellectual property rights such as copyrights, trademark rights and other intellectual property rights are exclusively entitled to Dancing Queens or the licensors of Dancing Queens. This content may only be used by customers in connection with the use of the website or the online store and may not be downloaded, copied, reproduced, distributed, transmitted, sent, demonstrated, sold, licensed, or used for any other purpose without the prior written consent of Dancing Queens.

14. FINAL PROVISIONS

14.1 Dancing Queens may make changes to these terms and conditions as well as the offer regarding the products of Dancing Queens at any time and at its sole discretion. Changes are notified to the customer before they come into force and must be made in writing. This also applies to the modification of this requirement for the written form. The latest version of the terms and conditions replaces all previous versions.

14.2 In the event of contradictions between these terms and conditions and content in other parts of the website or in links, the terms and conditions contained in these terms and conditions shall prevail.

14.3 Should any provision of these general terms and conditions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by one which, in a legally-effective manner, approximates as closely as possible the meaning and purpose of the invalidated provision. The same applies to any loopholes in the contract. If an unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed deleted, and the remainder of the provision shall remain in force (unless this would be contrary to the clear intention of the parties, in which case the entire provision in question shall be deemed deleted).

14.4 In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, UN Sales Convention, Vienna Sales Convention) is explicitly excluded.

14.5 These terms and conditions and the purchase of goods via our online store are subject to substantive Swiss law, to the exclusion of conflict of laws rules and international contracts, such as the Vienna Sales Convention (CISG). The exclusive place of jurisdiction is at the registered office of Dancing Queens AG. Any regulations on the choice of law and place of jurisdiction that are mandatory according to the country of residence of consumers are reserved.