Terms and Conditions

1. SCOPE OF APPLICATION

The following General Terms and Conditions (GTC) apply to all orders placed via our online shop.

  • Customers: Refers to consumers (private individuals) and business customers.

  • Regarding business customers: Deviating or supplementary terms and conditions of the customer are only valid if they have been expressly accepted by us in writing.

2. CONTRACTUAL PARTNER AND CONCLUSION OF CONTRACT

The purchase contract is concluded with Diademita GmbH, registered under Swiss law. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to the customer to place an order. The contract is concluded by the customer's order (offer) and the acceptance by Diademita GmbH. The customer’s order becomes binding by clicking the order button («zahlungspflichtig bestellen», «kaufen» or similar) in the shopping cart. Acceptance is confirmed by a separate order confirmation via email immediately after receipt of the order or by the delivery of the goods.

3. CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT

The languages available for the conclusion of the contract are: German, English, French, Spanish. The contract text is stored by us and sent to the customer in text form together with the GTC.

4. PRICES AND PAYMENT CONDITIONS

All prices are understood in Swiss Francs (CHF), including the statutory value-added tax (VAT) and any advanced recycling fees (vRG), if applicable. In addition to the product prices stated, shipping costs will be added, the amount of which is detailed with the offers and during the order process. The following payment methods are generally available to you:

  • Advance Payment (Vorauskasse): Delivery takes place after receipt of payment into our bank account.

  • Credit Card (VISA/Mastercard): Your card will be debited upon dispatch of the goods.

  • PayPal: Payment is processed via the online provider PayPal.

5. DELIVERY CONDITIONS AND SHIPPING

We only deliver by shipping within Switzerland and to Germany. Self-collection of goods is unfortunately not possible. Delivery times are stated in the online shop or in the order confirmation and are non-binding unless a fixed deadline has been expressly agreed.

6. RIGHT OF WITHDRAWAL / RETURN POLICY

In Switzerland, there is no statutory right of withdrawal for online purchases (in contrast to EU law). However, we grant you a voluntary right of return of 14 days from receipt of the goods. The goods must be returned unworn, undamaged, and in the original packaging. Products specially made for the customer, engraved, or individualized are excluded from the right of return (Art. 3 Par. 1 OR).

7. RETENTION OF TITLE

The delivered goods remain our property until full payment of the purchase price (Art. 715 ZGB).

8. TRANSPORT DAMAGE AND TRANSFER OF RISK

The risk passes to the customer upon dispatch of the goods, as soon as the shipment is handed over to the transport company (Art. 185 OR). Obvious transport damage must be immediately (within 5 days) reported to the carrier and to us.

9. WARRANTY (DEFECT LIABILITY)

Swiss warranty law applies in accordance with Art. 197 ff. OR. We guarantee that the products have the promised characteristics and are free of defects that reduce their value or suitability for the intended use.

  • Duty to Notify (Rügepflicht): The customer must inspect the delivered goods immediately upon receipt and report defects immediately (Duty to Notify, Art. 201 OR).

  • Warranty Period: The warranty period is two years from the delivery of the item (Art. 210 OR).

  • Remedies: In the event of defects, we reserve the right, at our discretion, to deliver a replacement (exchange), remedy the defect (repair), or grant a reduction in value (Minderung). Rescission of the contract (Wandelung) is only possible for material defects. Customer Service: You can reach our customer service for questions, complaints, and claims on weekdays from 08:00 to 17:00 by email at info@diademita.ch.

10. LIABILITY

Our liability is governed by the applicable provisions of the Swiss Code of Obligations (OR). We are only liable for direct damages caused by our gross negligence or intent. Liability for slight negligence is excluded, as far as legally permissible. Liability for indirect and consequential damages is fully excluded.

11. FINAL PROVISIONS AND JURISDICTION

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the registered office of Diademita GmbH.