General terms and conditions
GENERAL TERMS AND CONDITIONS (GTC) FOR DANCINGQUEENS.CH
Version dated: 01.03.2024
1. SCOPE OF APPLICATION
These General Terms and Conditions, hereinafter referred to as the “GTC”, apply to all orders placed by customers, hereinafter referred to as the “Customer” or “Customers”, via the online shop of Dancing Queens AG, Pilatusstrasse 30, CH-8330 Pfäffikon ZH, +41 43 508 37 45, contact@dancingqueens.ch, www.dancingqueens.ch, CHE-272.486.111, hereinafter referred to as “Dancing Queens”, worldwide.
These GTC apply exclusively. Any conflicting, supplementary or deviating terms and conditions shall only apply if expressly confirmed in writing by Dancing Queens. By using this website or ordering a product, the Customer confirms that they fully accept these GTC, including the delivery and payment terms.
2. OFFER ON THE WEBSITE AND IN THE ONLINE SHOP
2.1 Product information
The information provided in the online shop, such as product descriptions, images, sizes, weights and other details, does not constitute any guarantee of characteristics or contractual warranty, unless explicitly stated otherwise.
The colours are displayed in the online shop as accurately as possible. However, the original goods may differ from the colours shown in the online shop. Minor colour deviations and other product variations are possible, in particular due to differences in image capturing, display technologies or other reasons. Dancing Queens accepts no liability for such variations and deviations.
The Customer may not derive any rights from typographical errors, product descriptions or obvious errors on the website.
2.2 Non-binding nature of offers
The offers in the online shop are non-binding and do not constitute a legally binding offer. Dancing Queens reserves the right to change prices, the product range and technical specifications at any time.
3. CONCLUSION OF THE CONTRACT
3.1 Customer order
The offer in the online shop constitutes a non-binding invitation to the Customer to order products from Dancing Queens. By clicking the order button and accepting these GTC, the Customer submits a legally binding offer to conclude a contract regarding the products listed on the order page.
3.2 Order confirmation
Immediately after receiving the order, Dancing Queens confirms receipt of the order by e-mail, hereinafter referred to as the “order confirmation”. Dancing Queens may accept or reject orders at its sole discretion.
If Dancing Queens rejects an order, Dancing Queens is entitled to cancel the order without incurring any liability towards the Customer or third parties. In the event of such cancellation, any payments already made for the cancelled order shall be refunded to the Customer.
3.3 Shipping confirmation
As soon as Dancing Queens has shipped the products in accordance with the contract, the Customer receives a shipping confirmation by e-mail, hereinafter referred to as the “shipping confirmation”, confirming the dispatch of the ordered products.
A binding purchase contract is only concluded when the Customer receives the shipping confirmation. The order confirmation merely documents that the Customer’s order has been received by Dancing Queens and does not constitute acceptance.
3.4 Advance payment
In the case of advance payment, the purchase contract is concluded upon confirmation of receipt of the advance payment by the seller.
3.5 Order errors
Dancing Queens AG accepts no liability for order errors on the part of the Customer or for other transmission errors.
4. PRICES AND PAYMENT TERMS
4.1 Applicable prices
The prices listed in the online shop at the time the products are ordered shall apply. The prices stated on the product page include statutory value-added tax, delivery costs and other price components. They are stated in the currency indicated.
4.2 Additional costs
In addition to the prices stated, special shipping costs may apply depending on the delivery address, quantity of goods and items ordered. The exact shipping costs are displayed to the Customer during the order process and must be borne by the Customer.
If customs duties or taxes are levied for the respective order, these shall be borne by the Customer. No further costs are incurred for delivery.
4.3 Special offers and promotions
Dancing Queens reserves the right to limit or terminate any special offers or promotions at any time. Any delay in delivery shall never result in a price reduction for the product.
4.4 Payment methods
Payment is made using the payment options specified during the order process, including credit card, PayPal, Twint, invoice or advance payment.
4.4.1 Advance payment
If the Customer selects advance payment, Dancing Queens provides its bank details in the order confirmation. The invoice amount must be transferred to the seller’s account within 10 days.
4.4.2 Payment by credit card
In the case of payment by credit card, the Customer’s account is charged at the time of the order, unless otherwise agreed.
4.4.4 Purchase on account with instalment 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 conveniently pay for their online purchase by invoice.
If the Customer does not make payment within the specified period, they will subsequently receive a monthly invoice with an order overview in the following month. Upon conclusion of the purchase contract, POWERPAY assumes the resulting invoice claim and processes the corresponding payment modalities.
When purchasing on account, the Customer accepts, in addition to these GTC, the General Terms and Conditions of POWERPAY, available at powerpay.ch/de/agb. A valid e-mail address is required.
4.5 Set-off
Set-off against counterclaims of the Customer that have not been acknowledged or legally established is excluded.
4.6 Right of retention
The Customer may only exercise a right of retention insofar as the claims are based on the same contractual relationship.
4.7 Default in payment
If payment is not made within the deadline, the Customer is in default and owes Dancing Queens default interest of 5% from the due date without any reminder being required.
Dancing Queens is also entitled to withhold products that have already been ordered but not yet delivered and to charge appropriate reminder fees. Higher actual costs remain reserved.
The outstanding invoice amount plus any reminder fees and interest may be assigned or sold to third parties for collection purposes. All costs associated with collection, for example 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 Accuracy of information
The Customer is obliged to provide all personal information in the order correctly, completely and truthfully.
5. VOUCHERS AND DISCOUNT CODES
5.1 Vouchers
5.1.1 Validity
Vouchers have a specific validity period and may be linked to a minimum order value. Vouchers are only valid during the stated period and may only be redeemed once within one order process and per household.
5.1.2 Exclusions
Individual brands or products may be excluded from vouchers.
5.1.3 Redemption
The value of the products must be at least equal to the amount of the voucher. Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
5.1.4 Cash payment and combination
The balance of a voucher is neither paid out in cash nor subject to interest. The cumulative redemption of several vouchers is generally not possible. Any exceptions are stated as part of the relevant promotion.
5.1.5 Insufficient balance
If the balance of a voucher is not sufficient for the order, the difference may be paid using the offered payment options.
5.2 Discount codes
5.2.1 Return of products
The discount code will not be refunded if products are returned in whole or in part, provided that the promotional voucher was issued as part of an advertising campaign and no consideration was provided for it.
5.2.2 Minimum value after returns
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. DELIVERY TERMS
6.1 Shipping
The products are shipped by post to the destination specified by the Customer in the order. The type of packaging is determined by Dancing Queens.
6.2 Delivery times
The delivery time is displayed on the product page. These delivery times are indicative only and do not constitute guaranteed delivery dates.
6.3 Delivery delays
Delivery delays may occur in particular due to production bottlenecks, force majeure, operational disruptions within Dancing Queens’ own business or at one of Dancing Queens’ suppliers.
Claims by the Customer arising from delivery delays, in particular claims for damages, are excluded.
6.4 Orders containing several products
If the Customer orders several products with different delivery times, Dancing Queens AG reserves the right to ship the products in one combined delivery, provided that the stated delivery times differ by no more than 14 days. In this case, the shipment of the entire order is based on the product with the longest stated delivery time.
The combined shipment is carried out for ecological reasons, in particular to reduce packaging material and additional transport routes.
If the Customer wishes to receive a partial delivery, they may contact Dancing Queens AG after receiving the order confirmation. Dancing Queens AG is also entitled to make partial deliveries where possible. Partial deliveries do not result in any additional shipping costs for the Customer.
If an ordered product is not available or is no longer available, Dancing Queens AG reserves the right to withdraw from the contract. In the event of a delivery delay of more than [three weeks], the Customer also has the right to cancel the order free of charge. Payments already made by the Customer will be refunded after cancellation.
If a product was shipped on time, but delivery is delayed for reasons beyond the control of Dancing Queens AG, in particular due to suppliers, shipping service providers or customs authorities, the Customer’s right of return naturally remains in place. In this case, the return shipping costs shall continue to be borne by the Customer.
6.5 Failed delivery
If delivery of the products fails due to the fault of the Customer despite three delivery attempts, the seller may withdraw from the contract. Any payments already made shall be refunded.
7. OBLIGATION TO INSPECT AND NOTICE OF DEFECTS
Upon dispatch, benefit and risk pass to the Customer, insofar as this is legally permissible and unless otherwise agreed.
The Customer is obliged to inspect the delivered products immediately after receipt of the delivery and to notify Dancing Queens of any obvious defects covered by warranty in writing, by letter or e-mail, stating the defects in detail, within ten (10) calendar days to the address stated in the legal notice.
After expiry of this period, the product shall be deemed free of defects.
Returns to Dancing Queens are made at the Customer’s risk, but at Dancing Queens’ expense. They are only accepted with a copy of the delivery note and within ten (10) calendar days from Dancing Queens’ response to the notice of defects, provided that the product is returned in clean condition and with reference to the notice of defects.
8. RIGHT OF RETURN IN THE ABSENCE OF PRODUCT DEFECTS
8.1 Return period
Customers have the right to return the products within 30 days after delivery. Timely dispatch is sufficient to comply with the deadline.
8.1.1 Registration of returns or exchanges
Returns or exchanges must be registered via the returns portal in the Customer account. Further information on the procedure can be found in our FAQ.
The return must be sent to the following address:
Within Switzerland:
Dancing Queens AG
Pilatusstr. 34
CH-8330 Pfäffikon
Europe:
Dancing Queens AG
c/o GMarc Fulfillment
Walter-Suchanek-Straße 14a
07985 Elsterberg
Germany
ATTENTION: The postage for return shipping must be borne by the Customer.
8.2 Consequences of exercising the right of return
Exercising the right of return converts the purchase contract into a reversal relationship, under which the services received under the purchase contract must be returned.
The costs and risk of returning a product without defects shall be borne by the Customer.
8.3 Refund
After receipt of the product by Dancing Queens, any purchase price already paid shall be refunded to the Customer without delay.
8.4 Condition of the returned product
The product must be returned complete, clean, unused, in perfect condition and in its original packaging.
Dancing Queens expressly reserves the right to deduct an amount from the purchase price to be refunded or to invoice the Customer for possible damage, excessive wear of the products or, where agreed, shipping costs of the products.
No deduction shall be made if the loss in value is due to handling necessary to determine the nature, characteristics and functionality of the products.
8.5 Temporary refusal of refund
Dancing Queens may refuse the refund until it has received the products back.
8.6 Exclusion of the right of return without defects
The right of return in the absence of defects is excluded for the following products:
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items with a discount of 40% or more;
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stockings and tights;
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sports bras and tight-fitting sports tops; these are considered hygiene items due to direct contact with the body and cannot be accepted for return.
If the products are nevertheless returned, we charge a penalty and processing fee of 20%.
9. RETENTION OF TITLE
The products remain the property of Dancing Queens until full payment has been made. Before ownership is transferred, pledging, assignment by way of security, processing or transformation is not permitted without the consent of Dancing Queens.
10. WARRANTY
10.1 Scope of warranty
Dancing Queens endeavours to deliver the products in flawless quality and on time and warrants only that the products have the agreed characteristics at the time the risk passes.
In the case of defects reported in due time, Dancing Queens assumes, during the statutory warranty period, the warranty for the absence of defects in the products purchased by the Customer.
In the event of defects, Dancing Queens shall, at its sole discretion, either:
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remedy the defect, or
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deliver a defect-free item.
For replacement deliveries, Dancing Queens is liable to the same extent as for the original product.
If subsequent performance fails, the Customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the Customer to a price reduction is excluded, but may be offered by Dancing Queens. Further claims are excluded.
10.2 Exercising warranty claims
To assert a warranty claim, Customers must provide Dancing Queens with the required evidence, including pictures and a clear statement of what is wrong with the product.
All claims are assessed on a case-by-case basis. Every product has a certain lifespan, which depends on the model, the materials used and the individual use of the product.
The warranty does not cover, in particular, damage resulting from:
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incorrect fit or improper strain;
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normal wear and tear, for example wear of soles or natural wear of laces or Velcro fasteners;
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improper, incorrect or negligent use of the product.
Defects caused by external circumstances or force majeure are also excluded from the warranty.
Force majeure means an event or series of related events that are outside the reasonable control of Dancing Queens or the Customer and that Dancing Queens or the Customer could not have prevented by exercising reasonable care.
11. LIABILITY
11.1 Exclusion of liability
Dancing Queens excludes all liability, regardless of its legal basis, as well as any claims for damages against Dancing Queens and any auxiliary persons or vicarious agents.
Dancing Queens is in particular not liable for indirect damages, consequential damages arising from defects, loss of profit or other personal injury, property damage or purely financial losses of the Customer.
Any further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
11.2 Product liability
The Customer shall indemnify Dancing Queens against product liability claims insofar as the Customer is responsible for the defect giving rise to liability.
12. DATA PROTECTION
When processing Customer data, Dancing Queens undertakes to comply with the applicable data protection requirements.
Further information on the handling of Customer data can be found in Dancing Queens’ separate privacy policy. This can be accessed at any time via the Dancing Queens website and via the corresponding link.
13. INTELLECTUAL PROPERTY
All rights to the website, the online shop and their content, products, logos, etc. are either owned by Dancing Queens or have been licensed to Dancing Queens by third parties.
The related intellectual property rights, such as copyrights, trademark rights and other intellectual property rights, belong exclusively to Dancing Queens or Dancing Queens’ licensors.
Customers may only use these contents in connection with the use of the website or online shop. Without the prior written consent of Dancing Queens, these contents may not otherwise be downloaded, copied, reproduced, distributed, transmitted, sent, displayed, sold, licensed or used for any other purposes.
14. FINAL PROVISIONS
14.1 Amendments to the GTC
Dancing Queens may amend these GTC as well as the offer relating to Dancing Queens products at any time and at its sole discretion. Amendments shall be communicated to Customers before they enter into force and must be made in writing. This also applies to any amendment of this written form requirement.
The most recent version of the GTC replaces all previous versions.
14.2 Contradictions
In the event of contradictions between these GTC and content in other parts of the website or in links, the terms and conditions contained in these GTC shall prevail.
14.3 Severability
Should any provision of these General Terms and Conditions be invalid, the contract shall remain valid in all other respects.
The invalid provision shall be replaced by a provision that comes as close as possible, in a legally valid manner and economically, to the meaning and purpose of the invalid provision. The same applies to any regulatory gaps.
If an unlawful 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 contradict the clear intention of the parties; in that case, the entire provision concerned shall be deemed deleted.
14.4 Applicable law
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules.
The United Nations Convention on Contracts for the International Sale of Goods, CISG, is expressly excluded.
14.5 Place of jurisdiction
These GTC and the purchase of goods via our online shop are subject to Swiss substantive law, to the exclusion of conflict-of-law rules and international treaties, in particular the Vienna Convention on the International Sale of Goods, CISG.
The exclusive place of jurisdiction is the registered office of Dancing Queens AG. Any mandatory provisions applicable under the consumer’s country of residence regarding choice of law and place of jurisdiction remain reserved.