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AGBs

GENERAL TERMS AND CONDITIONS FOR DANCINGQUEENS.CH

Status: 01.03.2024

1. scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed by customers (hereinafter "customer" or "customer") via the online store of Dancing Queens AG, Pilatusstrasse 30, CH-8330 Pfäffikon ZH, +41 79 590 57 97, contact@dancingqueens.ch, www.dancingqueens.ch, CHE-272.486.111 (hereinafter "Dancing Queens"), can be made (worldwide).

These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Dancing Queens in order to be valid. When using this website or ordering a product, the customer confirms that he fully accepts these GTC, including delivery and payment conditions.

2. OFFER ON THE WEBSITE AND IN THE ONLINE STORE

2.1 The information in the online store (e.g. product descriptions, images, size, weight and other additional information) does not constitute any assurance of properties or guarantees, unless explicitly stated otherwise. The color values are displayed in the online store as true to the original as possible. However, the original goods may contain deviations from the color values in the online store. Minor color deviations and other variations of the products are possible and are due to differences in image capture and display technologies as well as other reasons. Dancing Queens is not liable for such variations and deviations. The customer cannot derive any rights from typographical errors, product descriptions or obvious errors on the website.

2.2 The offers in the online store are subject to change and do not constitute a legally binding offer. We reserve the right to change prices, product ranges and technical specifications at any time.

3. CONCLUSION OF CONTRACT

3.1 The offer in the online store represents a non-binding invitation to the customer to order products from Dancing Queens. By clicking on the order button and accepting these GTC, the customer makes a legally binding offer to conclude a contract for the products listed on the order page.

3.2 Immediately after receipt of the order, Dancing Queens confirms receipt of the order by e-mail (hereinafter "order confirmation"). Dancing Queens may accept or reject orders at its own discretion. In the event that Dancing Queens rejects the order, Dancing Queens may cancel the order without incurring any liability to the customer or third parties. After such cancellation, any payments already made for the canceled order will be refunded to the customer.

3.3 As soon as Dancing Queens has dispatched the products in accordance with the contract, the customer shall receive a dispatch confirmation by e-mail, in which the dispatch of the ordered products is confirmed (hereinafter "Dispatch Confirmation"). A binding purchase contract is only concluded upon receipt of the shipping confirmation by the customer. The order confirmation merely documents that the customer's order has been received by Dancing Queens and does not constitute acceptance.

3.4 In the case of payment in advance, the purchase contract is concluded upon confirmation of receipt of the advance payment by the seller

3.5 Dancing Queens AG assumes no liability for order errors on the part of the customer or other transmission errors.

4. PRICES AND TERMS OF PAYMENT

4.1 The prices listed in the online store at the time the products are ordered shall apply. The prices stated on the product page include statutory VAT, delivery costs and other price components. They are quoted in the currency indicated.

4.2 In addition to the prices stated, special shipping costs may apply depending on the delivery address, quantity of goods and item. The exact shipping costs are shown to the customer during the ordering process and are to be borne by the customer. If customs duties or taxes are levied for the respective order, these shall be borne by the customer. There are no further costs for delivery.

4.3 Dancing Queens reserves the right to limit or terminate any special offers or promotions at any time. Any delay in delivery shall never lead to a price reduction of the product.

4.4 Payment is made using the payment options specified in the order process (credit card, PayPal, Twint, invoice or prepayment).

4.4.1 If the payment method prepayment is selected, Dancing Queens will provide its bank details in the order confirmation. The invoice amount is to be transferred to the seller's account within 10 days.

4.4.2 If payment is made by credit card, the customer's account shall be debited at the time of the order, unless otherwise agreed.

4.4.4 Purchase on account with installment facility (POWERPAY): MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice, customers can simply pay for their online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month. When the purchase contract is concluded, POWERPAY takes over the resulting invoice claim and processes the corresponding payment modalities. When purchasing on account, the General Terms and Conditions of POWERPAY are accepted in addition to these GTC (powerpay.ch/en/agb). A valid e-mail address is required.

4.5 Offsetting against unrecognized or not legally established counterclaims of the customer is excluded.

4.6 The customer may only exercise a right of retention if the claims are based on the same contractual relationship.

4.7 If payment is not made within the deadline, the customer shall be in default and shall owe Dancing Queens default interest in the amount of 5% from the due date without any reminder. Dancing Queens is also entitled to retain products that have already been ordered but not yet delivered and to demand reasonable reminder fees. Effectively higher fees remain reserved. The outstanding invoice amount plus any reminder fees and interest may be assigned or sold to third parties for the purpose of collection. All costs associated with collection (e.g. collection costs and in particular legal fees) shall be borne in full by the defaulting customer. The customer agrees that reminders may be sent by e-mail or by post.

4.8 The customer is obliged to provide all personal details in the order correctly, completely and truthfully.

5. VOUCHERS AND DISCOUNT CODES

5.1 Vouchers
5.1.1 Vouchers are valid for a specific period and may be subject to a minimum order value. Vouchers are only valid for the specified period and can only be redeemed once within the scope of an order process and household.

5.1.2 Individual brands or products may be excluded from the vouchers.

5.1.3 The value of the products must be at least equal to the amount of the voucher. Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

5.1.4 The credit balance of a voucher is neither paid out in cash nor does it bear interest. Cumulative redemption of several vouchers is generally not possible. Exceptions will be indicated in the context of the promotion.

5.1.5 If the credit balance of a voucher is not sufficient for the order, the difference can be settled using the payment options offered.

5.2 Discount codes
5.2.1 The discount code will not be refunded if products are returned in whole or in part if the promotional voucher was issued as part of a promotion and no consideration was provided in return.

5.2.2 If the total value of the order falls below the respective value of the discount code due to returns, Dancing Queens AG reserves the right to charge the original value of the products.

6. TERMS OF DELIVERY

6.1 The products will be sent by post to the destination specified by the customer in the order. The type of packaging is determined by Dancing Queens.

6.2 The delivery time is indicated with the product. These delivery times are indicative.

6.3 Delays in delivery are possible in particular due to production bottlenecks, force majeure and operational disruptions in Dancing Queens' own operations or at a supplier of Dancing Queens. Claims of the customer due to delays in delivery, in particular claims for damages, are excluded.

6.4 If not all ordered products are in stock, Dancing Queens AG is entitled to make partial deliveries, if this is possible. The customer shall not incur any additional costs due to partial deliveries. If an ordered product is not or no longer available, Dancing Queens reserves the right to withdraw from the contract. In the event of a delay in delivery of more than [two weeks], the customer also has the right to cancel the order at no cost. Any payments already made by the customer will be refunded immediately.

6.5 Should the delivery of the products fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded.

7. DUTY OF INSPECTION AND NOTIFICATION OF DEFECTS

The benefit and risk shall pass to the customer upon dispatch, insofar as this is legally permissible and nothing to the contrary has been agreed. The customer is obliged to inspect the delivered products immediately upon receipt of the delivery and to notify Dancing Queens of any obvious defects for which Dancing Queens is liable in writing by letter or e-mail, stating the detailed defects, within ten (10) calendar days to the address given in the imprint. After expiry of this period, the product shall be deemed free of defects. Returns to Dancing Queens are at the risk of the customer, but at the expense of Dancing Queens. They will only be accepted with a copy of the delivery bill and within ten (10) calendar days of Dancing Queens' response to the notice of defects, provided that the product is returned in clean condition and with reference to the notice of defects.

8. RIGHT OF RETURN WITHOUT DEFECTS OF THE PRODUCT

8.1 Customers have the right to return the products within 30 days of delivery. Timely dispatch is sufficient to meet the deadline.

8.1.1 Switzerland: The right of return is exercised by returning the products. The return slip is enclosed in the package. The return must be sent to the following address be sent to the following address:

Within Switzerland:

Dancing Queens AG
Pilatusstr. 34
8330 Pfäffikon ZH
Switzerland

Europe:

Dancing Queens AG
c/o SVL Dienstleistungs GmbH
In the vineyards 3
07381 Nimritz
Germany

ATTENTION: The postage for the return shipment must be paid by the customer.

8.2 The exercise of the right of return leads to the conversion of the purchase contract into a reverse transaction relationship, according to which the services received under the purchase contract must be refunded. The costs and risk of returning a product without defects shall be borne by the customer.

8.3 After receipt of the product by Dancing Queens, any purchase price already paid will be refunded to the customer immediately.

8.4 The product must be returned complete, clean, unused, in perfect condition and in its original packaging. Dancing Queens expressly reserves the right to deduct the purchase price to be refunded or to invoice for possible damage, excessive wear and tear of the products or, if agreed, shipping costs of the products. No deduction will be made if the loss in value is due to the handling of the products necessary to determine their nature, condition and functionality.

8.5 Dancing Queens may refuse repayment until it has received the products back.

8.6 The right of return without defects is excluded for the following products:

  • Discounted dance shoes from the Summersale collection 
  • stockings
  • Top / sports bra
  • All articles from the category "Accessories

We charge a 20% penalty and handling fee if the products are returned anyway. 

9. RESERVATION OF TITLE

The products remain the property of Dancing Queens until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Dancing Queens.

10. WARRANTY

10.1 Dancing Queens shall endeavor to deliver the products in perfect quality and on time and warrants solely that the products are of the agreed quality at the time of transfer of risk. In the event of defects reported in good time, Dancing Queens shall guarantee that the products purchased by the customer are free of defects during the statutory warranty period. In the event of defects, Dancing Queens shall, at its own discretion, (i) rectify the defect (repair) or (ii) deliver a defect-free item (replacement delivery). Dancing Queens is liable for replacement deliveries to the same extent as for the original product. If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to a reduction in price is excluded but can be offered by Dancing Queens. Further claims are excluded.

10.2 In order to assert a warranty claim, customers must provide Dancing Queens with the necessary evidence (including pictures and clear notification of what is wrong with the product). All claims will be assessed on a case-by-case basis. Each product has a certain lifespan, which depends on the model, the materials used and the individual use of the product. In particular, the warranty does not cover damage caused by an incorrect fit or strain, normal wear and tear (e.g. sole wear or natural wear and tear of laces/ Velcro fasteners) or damage caused by improper, incorrect or negligent use of the product. Defects caused by external circumstances and force majeure are also excluded from the warranty. Force majeure means an event or a series of related events that are beyond the reasonable control of Dancing Queens or the customer and that Dancing Queens or the customer could not prevent by exercising reasonable care.

11 LIABILITY

11.1 Dancing Queens excludes all liability, regardless of its legal basis, as well as claims for damages against Dancing Queens and any auxiliary persons and vicarious agents. In particular, Dancing Queens shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage or pure financial loss suffered by the client. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.

11.2 The customer shall indemnify Dancing Queens for product liability claims to the extent that the customer is responsible for the defect giving rise to the liability.

12. DATA PROTECTION

Dancing Queens undertakes to comply with data protection regulations when processing customer data. Further information on the handling of customer data can be found in Dancing Queens' separate privacy policy. This can be accessed via the Dancing Queens website and via the following link at any time.

13. INTELLECTUAL PROPERTY

All rights to the website, the online store and its content, products, logos, etc. are either the property of Dancing Queens or have been licensed to Dancing Queens by third parties. Intellectual property rights such as copyrights, trademark rights and other intellectual property rights are the exclusive property of Dancing Queens or the licensors of Dancing Queens. This content may only be used by the customer in connection with the use of the website or the online store and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, presented, sold, licensed or used for any other purpose without the prior written consent of Dancing Queens.

14. FINAL PROVISIONS

14.1 Dancing Queens may make changes to these GTC and to the range of products offered by Dancing Queens at any time and at its own discretion. Changes will be notified to the customer before they come into effect and must be made in writing. This also applies to an amendment of this written form requirement. The most recent version of the GTC shall replace all previous versions.

14.2 In the event of inconsistencies between these GTC and content in other parts of the website or in links, the terms and conditions contained in these GTC shall take precedence.

14.3 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by a provision that comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes. If an unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed deleted and the remainder of the provision shall remain in force (unless this would be contrary to the clear intention of the parties, in which case the entire provision in question shall be deemed deleted).

14.4 In the event of any dispute, Swiss substantive law shall apply exclusively, to the exclusion of any conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG, UN Sales Convention, Vienna Sales Convention) is explicitly excluded.

14.5 These GTC and the purchase of goods via our online store are subject to substantive Swiss law to the exclusion of the conflict of laws rules and international contracts, in particular the Vienna Sales Convention (CISG). The exclusive place of jurisdiction is the registered office of Dancing Queens AG. Any mandatory regulations on the choice of law and place of jurisdiction according to the country of residence of consumers remain reserved.