General Terms and Conditions
Valid as of 01 January 2019
1 Validity of the conditions
The deliveries, services, and offers of Da Vinci Forum GmbH (“Da Vinci”) are provided exclusively on the basis of these terms and conditions. These conditions are considered to have been accepted upon acceptance of the order for the goods. Departures from the terms and conditions are only effective if they are confirmed in writing.
2 Offer and conclusion of contract
The offerings of Da Vinci in price lists and advertisements on the Internet (Facebook, Instagram, Linked-in, web sites, etc.) are non-binding and subject to change. The automatically sent order confirmation indicates that your order has been recorded by our system. The contract is considered to have been concluded as soon as the sum to be paid is credited to our PayPal account, bank account, or credit card account or upon receipt of cash payment. If we have any questions for you, we will attempt to contact you by email within 3 business days.
3 Prices
The prices stated in our order confirmation are definitive. Unless otherwise agreed, the prices are inclusive of transport costs. Other costs incurred (e.g. VAT, duties, etc.) shall be paid by the purchaser.
4 Time of delivery and performance
Unless otherwise expressly agreed to in writing, deadlines and delivery dates are non-binding. Shipment of goods will normally occur within 3 business days after receipt of payment and, if ordered online, will be reported by email. The delivery – according to the information of the delivery services – should not exceed 10 days. Since these are third-party companies, we cannot guarantee adherence to these delivery times.
5 Acceptance delay
If the purchaser declines to accept the delivery items or declares that it does not wish to accept the goods, then Da Vinci declares its willingness to take back the goods. But the purchaser must pay the postage costs for the return. After receipt of the goods by Da Vinci, the goods will be inspected and as compensation, at least 25% of the agreed-upon purchase price will be charged depending on the condition of the goods. The inspection result will be communicated to the purchaser, if possible, by email and then the reimbursement of the difference will be initiated.
6 Delivery
Visible quantity differences must be reported in writing to both Da Vinci and the shipper immediately upon receipt of goods. Complaints regarding damage, tardiness, loss, or poor packaging must be issued immediately upon receipt of the shipment.
7 Transfer of risk
The risk is transferred to the purchaser as soon as the shipment has been handed over to the person performing the transport. If the shipment is delayed or becomes impossible through no fault of our own, then the risk shall be transferred to the purchaser upon notice of the readiness for dispatch. A separately agreed-upon assumption of transport costs by Da Vinci has no influence on the transfer of risk.
8 Warranty
Unless otherwise expressly agreed to in writing, the warranty is for two years, subject to the following conditions. The warranty period begins with the delivery date. Failure to comply with our operating and maintenance instructions, performance of modifications, replacement of parts, or use of consumables that do not correspond to the original specifications voids all warranty if the defect is attributable to this. The same is true if the defect is attributable to improper use, storage, and operation. No warranty rights shall be triggered by inconsequential deviations from warranted characteristics of the goods. Liability for normal wear and consumables / accessories is excluded. Only the direct purchaser is entitled to warranty claims against Da Vinci and such claims are not transferrable.
9 Returns
For returns, please make sure that the defective item is sent or delivered to Da Vinci for repair accompanied by a copy of the invoice. Product returns by the customer require prior approval by Da Vinci and the customer shall assume the costs and risks thereof. The products must be returned with a detailed description of the malfunction / defect. New warranty periods go into effect with the replacement of parts. The warranty is limited exclusively to the repair or replacement of damaged delivery items.
10 Payment
Invoices are always payable in advance by credit card or in the form of a direct transfer to the PayPal account. Payment can also be made in cash. The delivery by parcel post is freight forward, i.e. to be paid by the purchaser. A payment is considered to have been made only when we can use the funds. Checks are not accepted.
11 Liability limitation
Damage compensation claims due to impossibility of performance, breach of contract, negligence in the conclusion of the contract, and tortious acts, both against us and against our employees and/or vicarious agents, are excluded unless intentional or grossly negligent acts have been committed. No liability shall be assumed for consequential damages arising from the improper use of the products.
12 Data protection
The data protection declaration is an integrated component of these general terms and conditions. By accepting these general terms and conditions, you also declare your approval of the data protection declaration.
13 Place of jurisdiction
The Da Vinci headquarters shall be the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. This is currently located in the Thurgau Canton in Switzerland. The legal relationship is subject to Swiss law.