Dimondo AG
Industriestrasse 32
FL-9495 Triesen
Tax ID: 58885
VAT ID: ATU56686688
General
Our General Terms and Conditions become effective with every customer order. They can be viewed online at any time on the website www.dimondo.com. The following General Terms and Conditions, in the version available online at the time of the order, apply exclusively to the business relationship between Dimondo AG and the customer. They can be saved and/or printed for order processing purposes.
1. Scope
The following terms and conditions apply exclusively to all contracts, deliveries, and other services, unless they are modified or excluded with the express written consent of the seller. Consulting services, advice, or recommendations are always provided without obligation, as a courtesy, and free of charge, unless otherwise expressly agreed in writing. No independent obligations are established by them. The buyer's terms and conditions do not become binding even if the seller does not expressly object to them again.
2. Contract Conclusion
The customer orders goods from Dimondo AG by fax, telephone, email, or letter. Dimondo AG is obligated to fulfill the order according to the terms and conditions of the website, EXPRESSLY ONLY after written confirmation of the order by fax, email, or letter.
3. Offer and Conclusion
The prices valid at the time of the order, as stated in our written order confirmation, apply. An order only becomes effective after written order confirmation by the seller. Deviations and technical modifications from our illustrations or descriptions are possible. The respective product publication becomes invalid upon the release of a new edition.
Our online offering is also considered a product publication. Cancellation and/or return of products ordered and approved in writing is generally not possible (custom-made products). The corresponding invoice is due for payment in any case. Any verbal side agreements and assurances made by the seller that go beyond the written purchase contract always require written confirmation from the seller. If, after conclusion of the contract, the seller becomes aware of facts that cast doubt on the buyer's creditworthiness, the seller is entitled to demand advance payment or appropriate security and, in case of refusal, to withdraw from the contract.
4. Non-fulfillment of the offer
The offers of Dimondo AG on the internet are non-binding; Dimondo AG is generally not obligated to accept or fulfill an order. This applies in particular to typographical and calculation errors as well as mistakes in any product publication.
5. Delivery periods and delays
The delivery period specified in the written order confirmation is valid. Delivery periods and dates are only considered approximate unless the seller has expressly given a written commitment that is binding. The customer will be informed immediately of any delivery delays. Correct and timely delivery to the seller by its own suppliers is reserved. Partial deliveries are permitted. The delivery period will be extended appropriately – even in the event of a delay – in the case of force majeure and all unforeseen obstacles beyond the seller's control. This also applies if these circumstances arise at the seller's suppliers and their sub-suppliers. In important cases, the seller will inform the buyer of the beginning and end of such obstacles as soon as possible. If performance becomes impossible for the seller due to these events, they are entitled to withdraw from the contract. The buyer may request a statement from the seller as to whether they intend to withdraw or deliver within a reasonable period. If the seller fails to respond, the buyer may withdraw. Delivery periods are extended by the period during which the buyer is in default of their contractual obligations – including those arising from other contracts.
6. Packaging, Shipping, and Transfer of Risk
Shipping and packaging are offered and charged separately, unless otherwise stated in the written order confirmation. Packaging will only be accepted for return with the seller's prior written consent. The seller reserves the right to choose the shipping method and carrier. In most cases, this is done via parcel service or freight forwarder. Shipping costs are borne by the buyer. The goods will be insured at the buyer's request and expense. Upon order fulfillment, the risk for the ordered goods passes to the recipient when they leave the warehouse of a partner company. This also applies in the event of damage to the goods and the outer packaging. If shipping is delayed through no fault of the seller, the goods will be stored at the buyer's expense and risk. In this case, notification of readiness for shipment is equivalent to shipment. Otherwise, the risk passes to the buyer upon handover of the goods to a freight forwarder or carrier, but at the latest upon leaving the warehouse. If the buyer refuses acceptance, they will bear the resulting costs as well as 20% of the purchase price.
7. Prices, Payment
The prices on the website are approximate guidelines and are subject to change. ONLY the prices stated in our written offers and order confirmations are valid. These prices are final prices and are quoted in euros, excluding statutory VAT. Offsetting against any counterclaims by the buyer that are disputed by the seller is not valid. The purchase price is due according to the payment terms stated on the invoice.
8. Payment Terms
The payment method agreed upon for an order is stated on the written order confirmation. If this information is missing, a payment term of 14 days without deduction generally applies. If the invoice amount is not paid within 5 days of the payment term, payment is considered overdue without the need for a reminder. In case of default, Dimondo AG is entitled to charge default interest at a rate of 5% above the base interest rate published by Liechtensteiner Landesbank per annum.
The customer is offered various payment options.
8.1. Invoice:
Delivery 100% on account is generally only available to existing customers. The payment terms and bank details are stated on the invoice. If the customer defaults on payment, Dimondo AG is entitled to charge default interest at a rate of 5% above the base interest rate published by Liechtensteiner Landesbank per annum.
8.2. Prepayment:
Goods will only leave our warehouse once the amount has been credited to our account (the bank details on the invoice are valid). If the amount is not credited to our account within 10 days, the customer will receive a payment reminder. Failure to pay for the goods does not constitute a cancellation! Cancellations must always be made in writing (letter, fax, or email). Cancellation of custom-made products (especially products with logo imprinting) is no longer possible after a written order has been placed.
9. Retention of Title
The seller retains title to the goods until all claims of the seller against the buyer arising from the business relationship, including future claims, even those arising from contracts concluded simultaneously or subsequently, have been settled. In the event of a breach of contract by the buyer, in particular in the event of default of payment, the seller is entitled to take back the goods after issuing a reminder, and the buyer is obligated to surrender them. Unless the Installment Sales Act applies, the taking back or seizure of the goods by the seller constitutes a withdrawal from the contract only if the seller expressly declares this in writing. In the event of seizure or other intervention by third parties, the buyer must immediately notify the seller in writing, sending a copy of the seizure report and a sworn affidavit confirming the identity of the seized item.
10. Notification of Defects and Warranty
The warranty on the purchased goods is 6 months. Furthermore, the warranty provided by the manufacturers of the individual components applies. The manufacturer, not the seller, is liable for fulfilling these warranty claims. The seller is liable for defects, including the absence of warranted characteristics, as follows:
10.1. The buyer must inspect the received goods immediately upon arrival for quantity and quality. Obvious defects must be reported to the seller in writing without delay, and at the latest within 14 days.
10.2. In the case of justified complaints, the seller may, at its discretion, repair the defective goods, provide a replacement, accept the return of the goods with a credit note, or issue a credit note for the diminished value of the goods.
10.3. To remedy defects, the buyer must grant the seller the time and opportunity reasonably required and make the defective item available without delay. If the buyer refuses to do so, the seller is released from liability for defects.
10.4. Liability for any consequences arising from improper modifications or repairs carried out by the buyer or third parties is excluded.
10.5. Dimondo AG is liable only for damage to the goods themselves. Liability for consequential damages is excluded. Further claims by the buyer – regardless of their legal basis – against the seller and its agents are excluded, in particular claims for compensation for damages that did not occur to the delivered item itself.
11. General Limitation of Liability
The seller's liability is governed exclusively by the agreements set forth in the preceding section. Claims for damages arising from negligence during contract formation, breach of ancillary contractual obligations, and tort are excluded, unless they are based on gross negligence on our part. These claims become time-barred six months after the buyer receives the goods. Warranty claims are otherwise governed by the provisions of the law of sale.
12. Returns, Exchanges, Distance Selling Act
Cancellation, return, or exchange of custom-made items (especially those with logo imprinting) is only possible after written order placement in the case of clear defects. If the buyer returns damaged or used goods, the legally permissible amount will be deducted.
13. Jurisdiction and Applicable Law
In the event of disagreements and legal disputes, Liechtenstein law shall apply exclusively. To the extent permitted by law, the place of jurisdiction for all claims arising from the business relationship shall be the registered office of Dimondo AG.
14. Data Storage, Data Protection
Personal data will, of course, be treated confidentially. Personal data is requested solely for processing the order, unless the customer requests additional services. The customer may request the deletion of their data at any time. The customer may also request information about the status of their stored data free of charge at any time.
15. Final Provisions
Should any of these terms and conditions be invalid for any reason, the validity of the remaining terms and conditions shall not be affected.
Triesen, January 1, 2019
www.dimondo.com
by Dimondo AG
Technical Implementation & Design: Dimondo AG
® All brand names, trademarks, and registered trademarks are the property of their respective owners and are used here for descriptive purposes only.
© Copyright 2019 Dimondo AG