Terms of service
We comply with the Swiss Code of Obligations
1.1 The following General Terms and Conditions ("GTC") shall apply to the use of the website www.dekdisaster.com ("Website") and also to orders of products of DEKDISASTER ART via email ore phone. The Website is owned by Derek Baker, Feldstrasse 13, 5415 Nussbaumen, Switzerland, and operated by Petra Gjergjaj, Feldstrasse 13, 5415 Nussbaumen, Switzerland. Contracts for online purchases are entered into between the customer („Customer“, or „you“) and the supplier, DEKDISASTER ART („we“ or „us“).
1.2 We shall be entitled to supplement or amend the GTC at any time at our own discretion. The applicable version of the GTC is the one, which was in place at the time an order was placed.
1.3 Deviating, additional or conflicting customer conditions will not be recognized unless we have expressly agreed in writing to their validity.
We strive to serve our customers with the utmost care and provide high quality products. DEKDISASTER ART trades factory-new products in genuine branded quality but also hand made and custom made products. This is clearly stated in the product description. It is up to the customer to check if they are manufactured, printed, or an original painted/handcrafted product.
2.1 Proper registration is required for the use of offers in our online shop. In this regard as a customer, you are responsible for providing truthful and complete information.
2.2 We are not obligated to accept the registration or orders of a registered customer. Likewise, we are not obligated to make the Website and its services permanently available. Orders that have already been confirmed remain unaffected by this.
2.3 The customer enters into a contract with DEKDISASTER ART upon submitting an order through our online shop or by email. DEKDISASTER ART will acknowledge the receipt of the customer’s order by sending an automatically generated order confirmation email. This automatically generated order confirmation does not warrant that the product is actually available and can be delivered. It merely indicates to the customer that DEKDISASTER ART has received his order and that the customer has entered into a contract, subject to the ability of DEKDISASTER ART to fulfil the order. If DEKDISASTER ART is not able to fulfil the order a refund will be issued.
3. Online ordering process
3.1 Begin your order by adding the selected products to the shopping cart. You can view the shopping cart again on the overview page before beginning the checkout process. Please provide a contact information and the shipping address in the first step of the checkout process. Enter the payment information in the second step. In the third step, you can review your selection and all information as well as correct any entry errors before sending and placing your order. You also have the option of EXPRESS CHECKOUT via PayPal.
3.2 By pressing the „BUY NOW“ button, you are confirming a binding order of the products that are in the shopping cart. An automated email confirming that we have received the order is generated immediately after the order is sent, and it does not constitute an acceptance of the contract.
4. Subject matter of the contract, characteristics
4.1 The subject matter of the contract is the products specified in your order and listed in your order confirmation at the retail prices listed in the online shop. Errors and omissions are reserved, particularly those affecting the availability of goods; however, we endeavour to eliminate errors as soon as possible.
4.2 The characteristics of the ordered products are based on the product descriptions in the online shop. Images of products on the Website may differ under certain circumstances. In particular, colors may substantially differ for technical reasons. Images are used for illustrative reference only and can differ from the product. Product condition, in particular for Second Hand items are specified as precisely as possible, but may have the usual deviations.
4.3 The presentation of products on the Website constitutes a non-binding online catalogue and not a legally binding offer.
Orders will usually be shipped within 23 business days via Swiss Post. The cost of shipping is calculated at the checkout based on the weight and shipping address.
DEKDISASTER ART ships worldwide. DEKDISASTER ART can’t be held accountable for custom fee’s or other local fees at the destination.
If a delay of delivery (i.e. a product has become temporarily unavailable) DEKDISASTER ART will inform the customer immediately.
The customer is obliged to accept the delivered goods.
All of DEKDISASTER ART prices, unless otherwise stated, are in Swiss francs, inclusive VAT. At the moment it is not yet possible for us to display prices in other currencies. At the checkout prices will be displayed in Swiss Francs and will have to be paid in Swiss Francs.
The customer agrees to pay using one of the payment options provided by DEKDISASTER ART. Currently, only those supported credit and debit cards displayed when checking out from the online shop as well as PayPal are available.
If you receive defective merchandise or Transport damage it must be reported within 48 hours by email or phone and the customer needs to send us the defective item within 5 days of receipt along with an explanation of the problem. Include your customer number and invoice number for faster processing. NEVER send damaged goods back without informing us in advanve. Upon receipt/inspection we will re-send the same item that was defective or issue you credit if that item is no longer available.
Returns for reasons other than those mentioned above can only be accepted by agreement with DEKDISASTER ART
Return shipments by parcel post:
These are to be handed in at the post office counter. The postage costs incurred will be refunded to the customers. if the goods were incorrectly delivered by us or defective.
DEKDISASTER ART – Derek Baker, Feldstrasse 13, 5415 Nussbaumen, Switzerland
9. Warranty/ Liability
Liability on the goods supplied is limited to a replacement delivery. Claims for rescission of contract or reduction in payment will not be considered provided a replacement delivery can be made within a reasonable period of time.
Complaints regarding product defects may be made within 48 hours of receipt. If an inspection of the defective product reveals that the defect is attributable to negligence on the part of the purchaser (such as damage due to careless handling), the purchaser shall be liable for the cost of the replacement delivery.
Our liability for our own fault, as well as that of our legal representatives and agents is limited to intent and gross negligence. This does not apply to the breach of fundamental contractual obligations and absence of warranted characteristics.
10. Place of jurisdiction
Our business activities are based exclusively on Swiss law. The place of jurisdiction is Obersiggenthal AG.
We also reserve the right to pursue legal proceedings at the customer's place of jurisdiction.
Protecting your privacy is very important to us. Below we provide detailed information about how we handle your data. PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above.
We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e mail at firstname.lastname@example.org or by mail using the details provided below:
Should one or more provisions of these terms and conditions be wholly or partially invalid or unenforceable, this shall not affect the validity of the T&C’s otherwise. For the invalid or unenforceable provisions, Swiss law regulations shall apply.