Subject of the contract
drink-different.ch (hereinafter referred to as DD.CH) sells the products offered in the DD.CH SHOP to the customer (hereinafter referred to as the contractual partner) under the following general terms and conditions (GTC) and the currently applicable delivery conditions. By ordering products from the DD.CH range, the conditions are deemed to have been accepted. Deviating provisions are only recognized if they have been confirmed by DD.CH in advance and without exception in writing.
Youth protection
By agreeing to the terms and conditions, the buyer confirms that he is of legal age.
Conclusion of the contract
The prerequisite for the conclusion of a valid contract is that the delivery address for the products is in Switzerland or the Principality of Liechtenstein. The products, services and prices published on DD.CH are considered offers. These offers can be canceled at any time in the event of an inability to deliver or an incorrect price indication (on the part of the manufacturer, supplier DD.CH). The contract is concluded as soon as the contractual partner places his order online via DD.CH, in a stationary DD.CH store, by telephone or in writing (email or post). An order confirmation will be sent to the contractual partner immediately by email. Receipt of the order confirmation does not mean that the product is actually available or can be delivered. It merely indicates to the contractual partner that the order placed has been received by DD.CH and the contract has thus been concluded, subject to the subsequent conditions of delivery impossibility, incorrect price information or in accordance with Section 7 of the General Terms and Conditions. If one of the above-mentioned subsequent conditions occurs, DD.CH will inform the contractual partner of this in writing within 10 working days after receipt of the order or 2 working days before an agreed or announced delivery date and, if possible, make any alternative offer.
Payment terms
Unless otherwise noted, all prices are given in Swiss francs including all fees (VAT, advance recycling fees and copyright fees) as well as delivery. Your order will be processed upon receipt of payment on our bank account. A dispatch of your order against invoice will only be approved in exceptional cases.
Retention of title
The delivered products remain the property of DD.CH until they have been paid for in full. This is entitled to make a corresponding entry in the reservation of title register at any time (including retrospectively). The contractual partner must inform DD.CH immediately in writing of access by third parties, in particular of enforcement measures and other impairments of the products. The contractual partner has to reimburse DD.CH for all damages and costs that arise from a breach of this obligation and from necessary interventions.
Disclaimer of liability for information (product, availability, guarantee information, etc.)
DD.CH constantly updates all information presented on www.drink-different.ch. Our aim is to keep all the products and services offered for our customers clear and up-to-date. We obtain some of this information directly from the brand manufacturers. We assume no liability for misprints, topicality, correctness or completeness of the information provided. Therefore, all information on www.drink-different.ch is to be understood without guarantee and not as an assurance. We also reserve the right to make changes or additions to the internet pages provided at any time without notice.
Cancellation and termination of the contract
Orders from DD.CH are binding in accordance with Section 2 of the GTC and the customer is obliged to accept the products and / or services. Cancellations on the part of the contractual partner are not possible at all. DD.CH expressly reserves the right to cancel the contract in the event of a refusal to accept the ordered products, non-collection from a DD.CH sales outlet or a collection center, or failure to make an advance or partial payment within 20 working days. In each of these cases, the contractual partner owes a handling fee of 20% of the total order value, but at least CHF 50.00 plus any logistics and storage costs. The contractual partner has the right to dissolve the contract after 20 working days only in the event of the delivery impossibility mentioned in Section 2 of the General Terms and Conditions, but only for the contractual items which are affected by the delivery impossibility. A contract termination for products that have already been delivered or for products that have been confirmed in time is not possible in full. In the event of such a contract termination by the contractual partner, any purchase amount already paid for the aforementioned contractual item will be fully reimbursed to the contractual partner. Payment is usually made within 5 working days. In the event that the contract is terminated by the contractual partner, no claims for damages can be made against DD.CH without exception.
Resignation DD.CH
DD.CH can withdraw from the contract without stating reasons within a period of 10 working days after receipt of the order from the contract partner. The contractual partner is to be informed accordingly and any purchase amount already paid is to be fully reimbursed to the contractual partner. Payment is usually made within 5 working days. In the event of withdrawal by DD.CH or a reservation of the impossibility of delivery or incorrect price information mentioned under Section 2 of the General Terms and Conditions, no claims for damages can be asserted against DD.CH without exception.
Right of exchange
DD.CH grants its customers a 10-day right of exchange after receipt of the products. The 10-day period begins on the day of the first delivery by the freight forwarder (also in the case of absence – deposit), the first delivery “curbside” by a freight forwarder (also in the event of absence or non-delivery due to absence) or according to our currently applicable delivery conditions. An exchange will only be accepted if it has been notified to DD.CH customer service in writing at info@drink.different.ch within the 10-day period. Registrations by telephone require written confirmation by DD.CH without exception and will otherwise not be accepted. An exchange can only be granted for unused products in their original packaging, with complete accessories and a minimum shelf life of at least 20 days. All costs incurred for a return by post or a transport company are borne by the contractual partner. It should be noted that the original box must not be damaged or glued and the copy of the invoice or delivery note must be enclosed with the return. DD.CH expressly reserves the right to return used, damaged or no longer originally packaged products to the contractual partner and to reject the exchange in full. The credit amount from an exchange, minus any additional services already provided, such as express or cash on delivery costs, will be fully offset against the exchange purchase (new purchase) after the products have been checked. Any credit in favor of the contractual partner will be offset with a DD.CH voucher without exception. A full voucher credit or cash payment is not possible. The following products are excluded from this right of exchange:
• Promotional items
• Special offer
• Discontinued item
• Seasonal items
Further categories can be excluded by DD.CH at any time and without notice. In the case of obvious or suspected misuse, such as multiple returns or damage, DD.CH is free to refuse an exchange entirely. If you have any questions, please do not hesitate to contact our customer service team.
Liability
DD.CH is not liable for the products and services offered by third parties. DD.CH sees itself as a dealer and transporter. Compensation claims against DD.CH for damage due to a production error (the manufacturer is responsible) or due to improper operation, handling or use cannot be asserted without exception. All costs incurred for packaging as well as sending or transporting the goods there by post or a transport company shall be borne by the contractual partner. The return or the return transport is not accepted. This does not apply to articles which have a defect. Any claims or claims for damages against DD.CH cannot be asserted without exception.
privacy
DD.CH guarantees that it will comply with the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing and using personal data. The customer data that arises when processing the order is only used for internal purposes. The data will only be passed on to third parties if this is absolutely necessary for the proper provision of services. The customer agrees to this use of his data. In addition, he has the right to view the data stored about him at any time upon request and to prohibit its use for internal marketing purposes.
Intellectual property
DD.CH reserves all rights for every design, text and graphics on its website; in particular property rights and copyrights (if these are not held by the relevant product suppliers). Before it is passed on to third parties, the express, written consent of DD.CH is required.
Applicable Law and Jurisdiction
All business relationships between DD.CH and customers are subject to substantive Swiss law to the exclusion of the UN Sales Convention (CISG). The place of jurisdiction for all disputes is the headquarters of DD.CH. Other mandatory places of jurisdiction under federal law that deviate from this are reserved.
Final provisions
Should individual provisions of these terms and conditions be or become ineffective, this does not affect the legal validity of the remaining provisions. In addition, DD.CH reserves the right to change the terms and conditions and delivery conditions at any time. It provides the terms and conditions with a version and a date. The respectively binding version of the terms and conditions and the delivery conditions can be called up and printed out at http://drink-different.ch/agb.
Terms of delivery DD.CH
• Delivery to the curb (carrier / post office)
The ordered products are either sent to a Swiss address, an address in the Principality of Liechtenstein or can be picked up from our logistics partner. The dispatch takes place via parcel service (parcels up to 30 kg excluding general cargo) or via a forwarding agent. Postage or transport costs (delivery to the curb) are not included in our prices (including VAT and all mandatory fees). The postage of CHF 11.- applies to each parcel of max. 30 kg, for each additional parcel the postage is a multiple of CHF 11.-. Deliveries are made from our warehouse or directly from the manufacturer / supplier’s warehouse. It can therefore happen that orders with several product items are made in several shipments and on different days – of course without additional costs. Appointments for deliveries (curbside) via a carrier (packages over 30 kg or general cargo) are agreed directly and independently with the customer depending on the shipping company or the manufacturer’s logistics. Fixed delivery times cannot be guaranteed. It is therefore necessary that a person can receive the delivery on the agreed delivery date. Deliveries are usually made within 2–5 working days (additional expenses for the disposition in the case of delivery by the carrier) after the order or the corresponding receipt of payment at DD.CH. In the case of a delivery with the forwarding agent, access with a van / truck must also be guaranteed. If direct delivery is not possible, the last mile must either be taken over at your own expense or a new date must be agreed for a corresponding surcharge. In addition, you can choose from the following types of special deliveries (carrier) as chargeable add-ons:
• Requested deliveries by the customer: + CHF 20.00 *
• ID check by the customer: + CHF 10.00 * (customer must be on site)
• Ecological environmental boxes: + CHF 10.00 * (customer must be on site)
• 2-fold deliveries, as a result of no availability: + 10.00 *
The flat rates are per delivery. The additional services of the transport company, including the specified delivery times, are only offered if the product can be delivered immediately from its own warehouse or at the time of receipt of the corresponding payment by DD.CH.
Additional services with deliveries on the following day are only guaranteed on working days (or in the case of express deliveries also on Saturdays excluding public holidays). Any Saturday deliveries will be sent with prior delivery notification via SMS or email.
Transport damage from mail / deliveries
All transport damage from mail and deliveries must be reported to DD.CH within 24 hours without exception:
In writing by e-mail to info@dd.ch
Transport damage from carrier deliveries (delivery and floor delivery)
All transport damage from forwarder deliveries (deliveries and floor deliveries) must be reported to DD.CH within 48 hours without exception as follows:
In writing (stating the customer address and the order number) – picture material (photo of the packaging, the nameplate and the damage) – email to info@dd.ch
Payment is possible as follows:
• PayPal
• twint
• Credit card (Mastercard / Visa)
.
Our delivery times
As a rule, the products are made available for delivery on the same day after receipt of payment. Our partner companies usually deliver between 3-5 working days.