Terms of service

We comply with the Swiss Code of Obligations

1. SCOPE
1.1 The following terms and conditions ("T&C") apply to the use of the website www.dekdisaster.com and shop.dekdisaster.com ("website") and also to orders of products from DEKDISASTER ART by e-mail or telephone. The website is owned by Derek Baker, Feldstrasse 13, 5415 Nussbaumen, Switzerland, and is operated by Petra Baker, Feldstrasse 13, 5415 Nussbaumen, Switzerland. Contracts for online purchases are concluded between the customer ("Customer" or "you") and the supplier, DEKDISASTER ART ("we" or "us").

1.2 We are entitled to amend or change the terms and conditions at any time at our discretion. The version of the terms and conditions that was in force at the time of the order shall apply.

1.3 We do not recognise any of the customer's terms and conditions that deviate from, supplement or contradict these terms and conditions, unless we have expressly agreed to their validity in writing.

2. TERMS OF USE
We endeavour to serve our customers with the utmost care and to deliver high-quality products. DEKDISASTER ART deals in brand-new products of genuine brand quality, but also in handmade and customised products. This can be seen from the product description. It is the customer's responsibility to check whether the product is a manufactured, printed or an original painted/handmade product.

2.1 To use the offers in our online shop, you must register properly. As a customer, you are responsible for providing truthful and complete information.

2.2 We are not obliged to accept the registration or orders of a registered customer. Nor are we obliged to provide the website and its services on a permanent basis. Orders that have already been confirmed remain unaffected by this.

2.3 The customer enters into a contract with DEKDISASTER ART by placing an order via our online shop or by email. DEKDISASTER ART will confirm receipt of the customer's order by sending an automatically generated order confirmation by email. This automatically generated order confirmation is not a guarantee that the product is actually available and can be delivered. It merely indicates to the customer that DEKDISASTER ART has received the customer's order and that the customer has entered into a contract, subject to DEKDISASTER ART's ability to fulfil the order. If DEKDISASTER ART is unable to fulfil the order, a refund will be issued.

3. ONLINE ORDERING PROCESS
3.1 Start your order by adding the selected products to the shopping basket. You can view the shopping basket on the overview page before you start the order process. Please enter your contact information and the delivery address in the first step of the order process. Enter your payment information in the second step. In the third step, you can check your selection and all the information and correct any input errors before you send and submit your order. You also have the option of EXPRESS CHECKOUT via PayPal.

3.2 By clicking on the "BUY NOW" button, you are placing a binding order for the goods in your shopping basket. An automated e-mail confirming that we have received your order will be generated immediately after you have sent your order. This does not constitute acceptance of the contract.

4. SUBJECT MATTER OF THE CONTRACT, CHARACTERISTICS
4.1 The subject of the contract is the products listed in your order and in your order confirmation at the prices stated in the online shop. Errors, in particular with regard to the availability of goods, are reserved; however, we endeavour to correct errors as quickly as possible.

4.2 The properties of the products ordered are given in the product descriptions in the online shop. Images of the products on the website may differ. In particular, the colours may differ considerably for technical reasons. The images are for illustrative purposes only and may differ from the product. The product properties, in particular for second-hand items, are specified as accurately as possible but may show the usual deviations.

4.3 The presentation of the products on the website is a non-binding online catalogue and not a legally binding offer.

5. SHIPPING
Orders are usually dispatched within 2–3 working days via Swiss Post (for print-on-demand orders, we also use Royal Mail or DPD). Delivery charges are calculated at checkout based on the weight and delivery address.

DEKDISASTER ART ships worldwide. DEKDISASTER ART cannot be held responsible for customs duties or other local charges at the destination.

Should a delay in delivery occur (i.e. a product is temporarily no longer available), DEKDISASTER ART will inform the customer immediately.

The customer is obliged to accept the delivered goods.

6. PAYMENT 
The customer agrees to pay using one of the payment options offered by DEKDISASTER ART. Currently, only the supported credit and debit cards that are displayed during the checkout process in the online shop, as well as PayPal, are available.

7. RETENTION OF TITLE

The delivered goods remain the property of DEKDISASTER ART until full payment of the purchase price has been received. Ownership transfers to the buyer only upon receipt of complete payment.

8. RETURNS
If you receive defective goods or goods damaged in transit, these must be reported within 48 hours by email or telephone and the customer must send us the defective item within 5 days of receipt, together with an explanation of the problem. For faster processing, please include your customer number and invoice number. NEVER return damaged goods without informing us first. Upon receipt/inspection, we will resend you the same item that was defective or issue you a credit if that item is no longer available.

Returns for reasons other than those mentioned above can only be accepted after consultation with DEKDISASTER ART.

Returns by parcel post:

These are to be handed in at the post office counter. The postage costs incurred will be reimbursed to the customer if the goods were delivered by us incorrectly or with defects.

Return address: 

DEKDISASTER ART
Derek Baker
Feldstrasse 13
5415 Nussbaumen
Switzerland

8.1. Exceptions
Original works of art are generally excluded from exchange if the buyer does not like them. For these products, the right of return applies exclusively in the event of transport damage covered by transport insurance. In this case, the original work of art reverts to the artist’s ownership. At the buyer’s request, the original artwork may also be repaired to the best of our ability in the event of minor defects. In this case, the buyer remains the owner of the artwork (provided that the full purchase price, or any reduced purchase price agreed upon due to the defect, has been paid).

9. WARRANTY/LIABILITY 
Liability for the delivered goods is limited to a replacement delivery. Claims for cancellation of the contract or reduction of the remuneration will not be considered if a replacement delivery is possible within a reasonable period of time.

Complaints regarding product defects can be made within 48 hours of receipt. If an inspection of the defective product shows that the defect is due to negligence on the part of the buyer (e.g. damage caused by careless handling), the buyer is liable for the costs of the replacement delivery.

Our liability for our own fault, as well as that of our legal representatives and vicarious agents, is limited to intent and gross negligence. This does not apply to the violation of essential contractual obligations and the lack of warranted characteristics.

10. PLACE OF JURISDICTION 
Our business activities are based exclusively on Swiss law. The place of jurisdiction is Obersiggenthal AG.

We reserve the right to also file a suit at the customer's place of jurisdiction.