General Terms and Conditions with Customer Information

Table of contents

1. Scope of Application
2. Conclusion of the Contract
3. Cancellation Policy & Cancellation Form
4. Prices and payment terms
5. Delivery and shipping terms
6. Liability for defects
7. Applicable law, place of jurisdiction

1) Scope

1.1 The Terms and Conditions of “endu” (hereinafter “Seller”) apply to all contracts which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods and/or services presented by the Seller in its online shop. Unless otherwise agreed, the inclusion of any customer conditions is hereby excluded.

1.2. A consumer within the meaning of these Terms and Conditions is to be understood as any natural person who enters into a legal transaction for a purpose which can be attributed neither to their commercial nor to their independent vocational activity. An entrepreneur within the meaning of these Terms and Conditions is to be understood as any natural person or legal entity or a partnership with legal capacity, which carries out commercial or independent professional activities upon entering into a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

2.2 The Customer can submit the offer by using the online order form integrated in the Seller’s online shop. After entering their personal data and by clicking the “Submit Order” button, the Customer makes a legally binding offer to enter into an agreement to purchase the goods and/or services included in the basket.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), the date on which the Customer receives this confirmation being decisive, or
• by delivering the goods ordered to the Customer, where the date on which the first delivery attempt is made is decisive, or
• by asking the Customer for payment after providing the Customer’s order to the delivery service.

If several of the above-mentioned alternatives apply, the Contract becomes binding at the time the first alternative occurs. If the Seller fails to accept the offer of the Customer within the aforementioned period, this shall be considered a rejection of the offer which means that the Customer is no longer bound by the offer.

The period for the Seller to accept the offer commences on the day after and ends on the fifth day after the Customer submits the offer.

2.5 In case of an order via the Seller’s online order form, the Contract’s content shall be stored by the Seller and shall be sent to the Customer in writing including these Terms and Conditions (for example via email, fax or letter) after the Customer has submitted their order. In addition, the text of the Contract on our website is archived and can be accessed free of charge by the Customer using their password-protected customer account, specifying their login information, provided that the Customer has created an account with us before submitting their order.

2.6 The Customer can correct all the data entered via the usual keyboard and mouse function prior to submitting their binding order via the Seller’s online order form. Furthermore, all entries before the mandatory delivery of the order will be displayed again in the confirmation window and can be corrected using the standard keyboard and mouse functions.

2.7 All contracts are executed in German.

2.8 The order processing and establishment of contact take place by email and automated order processing. The Customer must ensure that the email address they provide is correct, so that emails from the Seller are received. In particular, the Customer must ensure that the use of spam filters does not hinder the delivery of emails related to the order sent by the Seller or by authorised third parties.

3) Cancellation Policy & Cancellation Form

Consumers are entitled to a cancellation right under the following conditions, where the consumer is any natural person who enters into a transaction for purposes which largely cannot be attributed as commercial nor independent professional activity:

A. Cancellation policy

Right to cancellation

You are entitled to revoke this Contract within 30 days, without stating any reasons.

The cancellation period is 30 days from the day that you, or any third party authorised by you other than the carrier, have or has accepted delivery of the final item(s) of your order.

In order to exercise your right of withdrawal, you must inform us (endu, Luegislandstrasse 31, 8051 Zürich, Switzerland, Tel.: +41445851013, email: support@desord.com) of your decision to withdraw from this Contract by means of a clear declaration (e.g. a letter or email sent by post). You may use the attached sample cancellation form, but this is not required.

In order to comply with the revocation period, you simply need to send us notice that you are exercising your right of revocation before the cancellation period has expired.

Consequences of rescinding your order

If you choose to withdraw from this Contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this Contract. The refund shall be issued to the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We may withhold the money for refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier.

You must send back or hand over the goods to us without delay, no later than fourteen days from the day on which you notified us about withdrawing from this Contract. The deadline is met if you send the items back before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You must only compensate any loss of value of the goods if this loss of value is due to handling which is unnecessary for the examination of the nature, characteristics and functioning of the goods.

Exclusion or premature expiration of the cancellation right

No cancellation right shall be granted for contracts concerning the delivery of goods which were not prefabricated and which require individual selection or decision by the consumer in order to be manufactured, or which were clearly tailored to the personal needs of a consumer.

General information

1) Please avoid any damage and contamination to the product. If possible, please send all goods back to us in their original packaging together with all accessories and all packaging components. Use a protective outer packaging to protect the original packaging. If you do not have the original packaging, please provide a suitable package for adequate protection against damage during transport.

2) Please do not return the goods to us with postage due.

3) Please note that the above-mentioned paragraphs 1-2 are not a prerequisite for the effective exercise of the cancellation right.

B. Cancellation form

Refunds: https://desord.com/refunds/

4) Prices and payment terms

4.1 The prices quoted by the Seller are total prices. VAT is not shown because the Seller is covered by the small business scheme. Any additional delivery and shipping costs shall be separately disclosed in the relevant product description.

4.2 The Customer has several payment options, which are outlined in the Seller’s online shop.

4.3 If pre-payment is agreed, then payment is due immediately after the order has been accepted by the Seller.

4. If the “PayPal” payment method is selected, the payment shall be processed by the payment service provider PayPal (Europe), Sàrl et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the Customer opens or already has a PayPal account.

5) Delivery and shipping terms

5.1 The delivery of items is carried out regularly on the shipping routes and to the delivery address specified by the Customer. The order shall be processed based on the address provided during the checkout process. Alternatively, if the Customer pays via PayPal, the delivery address set up with PayPal shall be used.

5.2 If the transport company sends the goods back to the Seller because a delivery to the Customer was not possible, the Customer bears the cost of the failed delivery.

5.3 Fundamentally, the risk of accidental loss and accidental deterioration of the sold goods shall be transferred with abandonment of the goods for dispatch or with delivery to the commissioned carrier.

5.4 Self-collection is not possible for logistical reasons.

6) Liability for defects

The statutory liability for defects applies.

7) Applicable law, place of jurisdiction

7.1 If the Customer is treated as a consumer in the sense of paragraph 1.2, Swiss law applies to all legal relationships of the Parties to the exclusion of the UN Convention on the International Sale of Goods and is the exclusive jurisdiction for all disputes arising from this Contract.

7.2 If the Customer is treated as an entrepreneur in the sense of paragraph 1.2, the exclusive jurisdiction for all disputes arising from this Contract is the residence or business residence of the Seller.