Privacy policy
General Terms and Conditions Dynochiptuningfiles.ch
Index:
·
Article 1 - Definitions
·
Article 2 - Company
identity
·
Article 3 - Applicability
·
Article 4 - The offer
·
Article 5 - The Agreement
·
Article 6 - Right of
Withdrawal
·
Article 7 - Costs in the
event of withdrawal
·
Article 8 - Exclusions
Right of Withdrawal
·
Article 9 - The price
·
Article 10 - Conformity and warranty
·
Article 11 - Delivery and execution
·
Article 12 - Extended transactions: duration,
termination and extension
·
Article 13 - Payment
·
Article 14 - Complaints
·
Article 15 - Disputes
·
Article 16 - Additional or deviant
conditions
·
Article 17 - Credits
Article 1 - Definitions
In these general terms and conditions
the following definitions apply:
1. Reflection period: the period during which the client
has the right to use his right of withdrawal;
2.
Client: the natural person not
acting in a professional capacity or on behalf of a company and who enters into
a distance agreement with the Company;
3. Day: calendar day;
4.
Extended transaction: a distance
agreement related to a series of products and/or services of which the delivery
and/or purchasing obligation is spread over a period of time;
5.
Durable data carrier: every means
that offers the Client or the Company the possibility to store information,
related or directed to the Client or the Company, in such a way that it is
available for future reference and unchanged reproduction of the stored
information;
6. Right of Withdrawal: the right that the Client has to
terminate the distance agreement within the reflection period;
7. Standard Form: the standard form provided by the
Company to the Client when he wishes to act on his right of withdrawal;
8.
Company: the natural
or legal person that offers products and/or services to clients through
distance sales;
9.
Distance agreement: an
agreement that has been concluded entirely and solely through the use of one or
more types of techniques for distance communication, and which includes the
Company's organized system for the distance sales of products and/or services
up to and including the conclusion of the agreement;
10. Techniques
for distance communication: means that can be used for the conclusion of an
agreement without the need for the Client and Company being in the same
location at the same time;
11. General Terms
and Conditions: these general terms and conditions as stated by
the Company.
Article 2 -
Company identity
Dynochiptuningfiles.ch,
registered office in Pfäffikon SZ, Switzerland, with the office address at Churerstrasse
47, 8808 Pfäffikon SZ, Switzerland.
Phone number: + 41 (0) 44 201 94 94, available by phone on opening hours.
Email address: info@dynochiptuningfiles.ch
Chamber of Commerce registration number:
VAT-identification number:
Article 3 - Applicability
1.
These general terms and conditions are applicable
to every offer done by the Company and to every distance agreement and orders
between the Company and the Client.
2.
Before conclusion of the distance agreement, the
Client will be provided with a copy of these general terms and conditions. If
this is physically not possible, these general terms and conditions can be sent
to the Client at the Client's request and without costs.
3.
If the distance agreement is concluded by
electronic means, the Company will notify the Client that these general terms
and conditions are available on the Company's website. At the Client's request,
the Company will forward these general terms and conditions by electronic means
and without costs.
4.
In the event of additional product or service
specific conditions, the second and third paragraph are applicable and the
Client has the right to apply the most favorable term or condition if the
specific conditions are contradictory to the general terms and conditions.
5.
Should of one or more terms or conditions in these
general terms and conditions become wholly or partially null and void at any
moment, the agreement and these general terms and conditions remain applicable
and the relevant term or condition will be replaced by a new term or condition,
that will follow the previous one as closely as possible, without delay and
with mutual consent.
6.
Situations that are not regulated by these general
terms and conditions will be judged in spirit of these general terms and
conditions.
7.
Ambiguities about the explanation or content of one
or more terms or conditions will be explained in spirit of these general terms
and conditions.
Article 4 - The offer
1. If an offer has a limited period of
validity or has been made on specific conditions, then this will be explicitly
mentioned in the offer.
2.
The
offer is non-binding. The Company remains the right to change and adapt
the offer.
3. The offer
contains a complete and accurate description of the offered products and/or services.
The description is sufficiently detailed to obtain a sound assessment of the
offer by the Client. When the Company uses pictures, then these are a true
projection of the offered products and/or services. Obvious errors or obvious mistakes in
the offer are non-binding for the Company.
4. All pictures and specifications and
further data included in the offer are an indication and will not give cause to
payment of damages or termination of the agreement.
5.
Pictures of the products are a true projection of
the offered products. The Company cannot guarantee that the colors as shown in
the pictures are an exact match to the actual colors of the products.
6. Every offer
contains such information that the Client is fully aware of this rights and
obligations related to the acceptance of the offer. This applies in particular to:
o
the
price, including taxes;
o
any
shipment costs;
o
the
manner in which the agreement will be concluded and the relevant actions
necessary;
o
the
right of withdrawal, when applicable;
o the payment
methods, delivery and execution of the agreement;
o
the
period of acceptance of the offer, or the term within which the Company
guarantees the offered price;
o
the
rates for distant communication methods in the event of these rates being
calculated on a different basis than the regular base rate for the used method
of communication;
o the Company
will inform the Client if and how the agreement will be put on file after
conclusion and how the Client is able to access this file;
o the manner in
which the Client is able to check and, when necessary, adjust the information
provided by him in relation to the agreement, prior to the conclusion of the
agreement;
o
any
other languages in which the the agreement can be drawn up, in addition to the
Dutch language;
o the codes of
conduct the Company adheres to and the electronic manner in which the Client
can refer to these codes of conduct, and
o
the
minimum duration of the distance agreement in the event of an extended
agreement.
Article 5 - The agreement
1.
Under the condition of paragraph 4, the agreement
is concluded at the time of the Client's acceptance of the offer and when the
relevant terms and conditions have been met.
2.
If the Client has accepted the offer in by
electronic means, the Company will confirm receipt of the acceptance without
delay by electronic means. As long as this acceptance of the offer has not been
confirmed by the Company, the Client has the right to cancel or terminate the
agreement.
3.
In the event of conclusion of the agreement by
electronic means, the Company will take appropriate technical and organizational
measures to ensure the security of the electronic data transfers and ensure a
secure web environment. If the Client has the means for the electronic
payments, the Company will take appropriate security measures.
4.
The Company remains the right - within legal
boundaries - to check whether the Client is able to meet his financial
obligations, as well as all those facts and factors that are essential to a
responsible conclusion of the distance agreement. Should this investigation
give cause to cancel the conclusion of the agreement, the Company remains the
right to reject an order or request by stating reason, or to attach special
conditions to the agreement.
5.
The Company will include the following information
on delivery of the product or service to the Client, either in writing or in
such a way that the Client can easily access this information and store it on a
durable data carrier:
1.
the visiting address of the company to which the
Client can refer in the event of defects or complaints;
2.
the conditions applying to the Client's right of
withdrawal, and/or a clear description regarding the exclusions of the right of
withdrawal;
3.
the relevant information about warranties and
services after the purchase;
4.
the information stated in Article 4, paragraph 3 of
these general terms and conditions, unless the Company has already provided the
Client with this information prior to the conclusion of the agreement.
5.
the requirements with regard to termination of the
agreement when the duration of the agreement is more than one year or
indefinite.
6.
If the agreement involves an extended transaction,
the condition in the previous paragraph is only applicable to the first
delivery.
7.
Each agreement is concluded subject to sufficient
availability of the relevant products.
Article 6 -
Right of Withdrawal
With regard
to delivery of products:
1.
When purchasing products, the Client has the right
to terminate the agreement within 14 days without stating reasons. This
reflection period starts on the day of receipt of the product by the Client or
by a representative appointed by the Client after notification to the Company.
2.
During this reflection period the Client will take
appropriate care of the product and the packaging. The Client will only unwrap
or use the product to the extent of which he is able to decide whether he wants
to keep the product. Should the Client use his right of withdrawal, he will
return the product and all accessories and - when reasonably possible - in its
original state and packaging to the Company in compliance with the reasonable
and clear instructions provided by the Company.
3.
Should the Client want to use his right of
withdrawal, he will notify the Company of this within 14 days of receipt of the
product. The Client will use
the standard form for this purpose. After giving the Company notification of
using the right of withdrawal, the Client will return the product within 14
days. The Client will provide the Company with, for
instance, a proof of dispatch as evidence of the timely return of the product.
4.
If the Client has not given any notification of the
use of the right of withdrawal according to the terms stated in paragraph 2 and
3 and has not returned the product to the Company, the purchase is binding.
With regard
to delivery of services:
1.
On delivery of services the Client has the right to
terminate the agreement without stating reasons during a period of at least 14
days starting on the day of conclusion of the agreement.
2.
In order to use his right of withdrawal, the Client
will follow the instructions provided by the Company when the offer was made
and/or no later on delivery of the services.
Article 7 - Costs in the event of withdrawal
1. Should the Client use his right of
withdrawal, the costs incurred on the Client will not exceed the costs of the
return shipment.
2. In the event of the Client having
fulfilled any payment, the Company will refund the payment as soon as possible
and no later than 14 days after the withdrawal. Refunds will take place under
the condition that the product has been delivered at the address of Dynochiptuningfiles.ch
or on giving conclusive evidence that the product has been shipped back in its
entirety.
Article 8 -
Exclusions to the Right of Withdrawal
1.
The Company remains the right to exclude the right
of withdrawal for products as stated in paragraph 2 and 3. The exclusion of the
right of withdrawal is only valid when the Company has stated this clearly in
the offer, or at least in a timely period prior to the conclusion of the
agreement.
2. With regard to products, exclusion of
the right of withdrawal can only be made for:
1.
products that have been manufactured by the Company
according to specifications by the Client;
2. audio and video recordings and
computer software of which the seal has been broken by the Client or to which
changes have been made by the Client.
3.
With regard to services, exclusion of the right of
withdrawal can only be made for:
1.
services that have started before the end of the
reflection time with the explicit consent of the Client
Article 9 - The price
1. During the period of validity stated
in the offer, the prices of products and/or services will not be raised, with
the exemption of price changes resulting from:
1. changes in the VAT rates;
2. changes resulting from legislative
requirements and regulations;
2. The prices
for products and/or services as stated in the offer are inclusive of VAT. *
3. All prices
are subject to printing and typographical errors. The Company does not accept
liability for the consequences of printing and typographical errors. The Company is not obliged to deliver
the product for the wrong price resulting from printing and typographical
errors.
Article 10 - Conformity and Warranty
1.
The Company will ensure that the products and/or
services meet the requirements of the agreement, the specifications as stated
in the offer, the reasonable requirements of reliability and/or suitability and
the legislative requirements and regulations at the date of the conclusion of
the agreement. If so agreed, the Company will also ensure that the product is
suitable for other use than the one stated in the agreement.
2.
Any warranty given by the Company, the manufacturer
or importer does not detract from the legal rights and claims the Client may
exercise against the Company based on the agreement.
3. The Client
will notify the Company in writing about any defects or faulty deliveries
within 2 weeks after delivery. Return
shipment of the products will be done in the original packaging and in new
condition.
4. The warranty period of the Company is
the same as the warranty period of the manufacturer. The Company is, however,
never responsible for the final suitability of the products with regard to each
individual use by the Client, nor for any advice with regard to the use of the
application of the products.
5. The warranty does not apply when:
o
Any
repair work and/or any other work on the delivered products has been done by
the Client or by third parties;
o
The
delivered products have been exposed to abnormal circumstances or have been
treated in any other irresponsible way or in any manner in breach with the
directions of use provided by the Company and/or as stated on the packaging;
o
The
defect is wholly or partially the result from (future) legislative regulations
with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
1.
The Company will take the utmost care and
responsibility with regard to the acceptance and execution orders of products
and the assessments of requests for services.
2.
The location of delivery is the address that the
Client has provided to the Company.
3. Taking into
account the content of paragraph 4 of this Article, the Company will execute
accepted orders without delay but not later than 30 days after conclusion of
the agreement, unless the Client has accepted a longer period of delivery. In
the event of the delivery being delayed, or if the agreement can only be
partially executed or not at all, the Client will be notified of this not later
than 30 days after placing the order. If this is the case, the Client has the
right to terminate the agreement without costs. The Client is not entitled to any damages.
4.
All delivery dates are indicative. The Client does
not remain any rights with regard to delivery periods stated in the agreement.
If a delivery date is exceeded, the Client has no rights to any damages.
5.
In the event of termination of the agreement in
accordance with paragraph 3 of this Article, the Company will refund the amount
paid by the Client as soon as possible, and not later than 14 days after the
termination.
6.
If the Company is unable to deliver the ordered
product, the Company will do its utmost to find a replacement product. The
Company will notify the Client about sending a replacement product not later
than at the moment of delivery and in a clear and understandable manner.
Replacement products are never subject to exclusion of the right of withdrawal.
The costs of the return shipment are at the expense of the Company.
7. Any risk with regard to damages or
loss of the product shall remain with the Company until the moment of delivery
at the address of the Client or at the address of a representative appointed by
the Client after notification to the Company, unless expressly otherwise
agreed.
Article 12 -
Extended transactions: period, termination and extension
Termination
1.
The Client has the right to terminate an indefinite
agreement which includes a purchase of products and/or services on a regular
basis at any time, with due observance of the contractual termination terms and
of a notice period of not more than one month.
2.
The Client has the right to terminate an definite
agreement which includes a purchase of products and/or services on a regular
basis at any time at the time of the end of the agreement period, with due
observance of the contractual termination terms and of a notice period of not
more than one month.
3.
The Client has the right to terminate the
agreements as mentioned above:
o at all times
without restriction to a certain date or period;
o
in
the same manner as to how the agreement has been concluded;
o
observe
the same notice period as the Company has stipulated for itself.
Extension
1.
Any definite agreement that includes the regular
purchase of products and/or services cannot be extended or renewed without
mutual consent.
Duration
1. If the duration of an agreement is
longer than one year, the Client has the right to terminate this agreement with
due observance of a notice period of not more than one month, unless the
consequences would be contrary the principles of reasonableness and fairness.
Article 13 - Payment
1.
Unless
explicitly agreed differently, the Client will ensure payment of any amount due
within 7 working days after the start of the reflection period as stated in
Article 6, paragraph 1. If the agreement includes the delivery of a service,
this period will start after the Client has received the acceptance of the
agreement.
2.
The Client has the obligation to notify the Company
without delay of any inaccuracies in the payment details.
3.
In the event of default or non-payment on the part
of the Client, the Company, subject to legal restrictions, is entitled to
charge any predetermined reasonable costs incurred to the Client.
Article 14 - Complaints
1.
The Company has a sufficiently published complaints
procedure and shall deal with any complaint in accordance with this procedure.
2.
In the event of any complaints about the execution
of the agreement, the Client will notify the Company of the complaint within 7
days after the complaint arises, clearly and fully detailed and in writing.
3.
The Company will act on any complaint within 14
days from the date of receipt of the complaint. If it becomes clear that the
handling of the complaint will take a longer time to solve, the Company will
notify the Client of this within the 14 days period and provide the Client with
an indication of when a more extensive answer can be expected.
4.
If the complaint cannot be solved to mutual
satisfaction, a dispute arises to which a dispute settlement may apply.
5.
In the event of any complaint, the Client will
first turn to Dynochiptuningfiles.ch If a complaint cannot be solved to
mutual satisfaction, the Client will turn to the Court of Switzerland
6.
A complaint shall not suspend the obligations of
the Company and/or the Client, unless the Company states otherwise in writing.
7.
If the Company has found the complain well-founded,
it will either exchange or repair the returned products without costs.
Article 15 - Disputes
1.
Swiss
law is applicable to all agreements between the Company and the Client that
fall under these general terms and conditions. This is also
the case when the Client has his domicile outside of Switzerland.
2.
The United Nations Convention for the international
Sales of goods (CISG) is not applicable.
Article 16 -
Additional or deviant conditions
In addition
to these general terms and conditions, any other additional or deviant
conditions may not be to the disadvantage of the Client and shall be recorded
in writing or in such a way that they can be stored by the Client in an easily
accessible way on a durable data carrier.
Article 17 -
Credits
Dynochiptuningfiles.ch
uses a prepaid credit system, these credits are purchased in advance and are
credited to the account. The credits remain valid as long as the account is
online, so they do not expire after a certain period. When an account with Dynochiptuningfiles.ch.
is removed, the credits still remaining in the account will also be canceled. Refund
is not possible.