Terms and Conditions

Legal

de Sede Online Shop
General Terms and Conditions
Version: March 31, 2025

§ 1 General Provisions

  1. These General Terms and Conditions (GTC), in the version valid at the time of the order, apply exclusively to the mutual rights and obligations between us, de Sede AG, Oberes Zelgli 2, 5313 Klingnau, Switzerland, and the purchasers – regardless of whether they are consumers or businesses – who use our online offering and in particular our online shop (“Customer(s)”), unless otherwise agreed in writing. The customer’s terms and conditions apply only if we have agreed to them in writing.

  2. Deviations from these GTC are only effective if they are agreed upon in writing in the individual contract with the purchaser. This applies in particular to any agreement waiving the requirement for written form.

  3. Should any provision of our GTC be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties hereby agree in advance to replace the invalid provision with a valid one that corresponds to the invalid clause or comes as close as possible to its economic intent.

§ 2 Offer and Conclusion of Contract

The presentation of goods in our online shop does not constitute a legally binding offer, but a non-binding invitation to place an order; errors in presentation remain reserved. We reserve the right to make trade-standard deviations from illustrations and descriptions in our brochures, price lists and catalogs, provided these result from legal regulations or technical improvements, as well as the replacement of components with equivalent parts, as long as they do not impair usability for the contractually intended purpose.

The customer can add goods to the virtual shopping cart via a “mouse click.” There, the customer can view and check the selected items. By clicking the “Place Order” button, the customer submits a binding offer to purchase the goods selected in the virtual shopping cart. The order is forwarded to us, and the customer receives an electronic confirmation of the order by email within two working days. We explicitly point out that this order confirmation does not constitute acceptance of the order. A contract is only concluded through our separate order confirmation by email, including an invoice, and the complete payment of the invoice by the customer.

The content of the contract based on these GTC will be stored electronically by us after the conclusion of the contract and sent to the customer by email. The customer can also access and save these GTC before submitting their order via a link in the online shop and a link in the order confirmation email.

§ 3 Product Availability

Unless otherwise stated, the goods offered for purchase in our online shop are “made-to-order” goods (i.e., goods that are individually manufactured by us only after the binding order, order confirmation and full payment, and are therefore excluded from exchange or return). Excluded from this are the goods offered under the “Outlet” link. This refers to already existing prototypes, one-of-a-kind pieces or trade fair items, which exist in a unique version and are sold at a special price.

Delivery times indicated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price. The delivery period specified in the product description applies to all goods.

If the goods ordered by the customer are temporarily not available at the time of ordering, we will inform the customer of this in the order confirmation without delay. If the product is permanently unavailable, we will not issue an order confirmation. In this case, no contract is concluded.

§ 4 Shipping and Delivery

  1. Delivery and assembly of the goods shall be carried out, unless otherwise agreed, from the dispatch warehouse or manufacturer’s site with the support of a retail partner. We charge additional packaging – if requested by the customer – at cost price. A credit note for returns is not provided. We choose the shipping method and route, and strive for the most cost-effective shipping method while taking customer preferences into account. Any resulting additional costs – even for agreed free shipping – shall be borne by the customer.

  2. If we are prevented from delivering due to force majeure, the delivery date will automatically be extended by its duration. Force majeure includes unforeseen circumstances that make delivery unreasonably difficult or impossible, such as labor disputes, official measures, poor supply of raw materials, operational disruptions due to water, fire, machine failure, etc., regardless of whether they occur at our premises or those of our suppliers. In these cases, we have the right to withdraw from the contract. Upon request by the customer, we must declare whether we will withdraw or deliver within a reasonable period determined by us. Claims for damages are excluded in any case.

  3. Any delivery times and dates provided are not guaranteed or binding, and we are entitled to adjust them at any time, unless explicitly agreed otherwise in the order. The customer is not entitled to withdraw from the contract or claim damages due to delays. In case of a delay during production, the customer will be informed via email.

  4. Fixed-date deliveries must be expressly stated as such in our written order confirmation.

  5. The customer may claim damages in lieu of performance if they have granted us a four-week period with the threat of refusal after the deadline. The period begins on the day the customer’s notice is sent by registered mail. This provision applies instead of the withdrawal mentioned in paragraph 3, only if the customer’s notice is received by us within the extended delivery period.

  6. Claims for delayed delivery are excluded prior to the expiration of the extended delivery period.

  7. The customer has no further rights or claims due to delivery delays. This limitation does not apply to willful misconduct or gross negligence by de Sede AG, but it does apply to such behavior by auxiliary persons.

  8. If a specific delivery date is agreed upon instead of a delivery period, this date is deemed to be the last day of a delivery period. The provisions of §3 (3) apply.

§ 5 Payment

The purchase price is due immediately upon conclusion of the contract. The following payment methods are available to the customer: invoice and credit card. Production of the goods will not commence without full payment, and the contract will become void.

§ 6 Transfer of Risk

Unless otherwise agreed, the risk of accidental loss and accidental deterioration passes to the customer upon transfer of the goods to the carrier or freight forwarder. Risk also passes if the customer is in default of acceptance.

§ 7 Retention of Title

We retain ownership of the goods delivered by us until the customer has paid the purchase price and any applicable shipping costs in full.

§ 8 Complaints

  1. Complaints about defects must be submitted to us in writing within 10 working days of receipt of the goods. Once the delivered goods have been processed, complaints about visible defects are excluded.

  2. If the complaint is acknowledged by us, we reserve the right to remedy the defect or deliver defect-free replacement goods within 30 working days of receipt of the returned goods. In this case, we will cover the freight costs. If the remedy fails, the customer only has the right to reduce the purchase price or withdraw from the contract. After the above 30-day period has expired, the customer only has the right to reduce the price or withdraw from the contract. Further claims, in particular claims for damages, are excluded.

  3. Hidden defects must be reported to us immediately after their discovery. The customer may only reduce the purchase price or withdraw from the contract based on a properly reported defect if the deadline in paragraph 1 has expired.

  4. Minor, technically unavoidable deviations in quality, color, dimensions, weight, or patterns of the goods cannot be objected to by the customer. This also applies to standard commercial deviations, unless we have confirmed in writing that the delivery will match the sample.

  5. de Sede AG grants a warranty on its products in accordance with the warranty conditions provided with the product.

§ 9 Liability

  1. We are liable for intent or gross negligence or for a representative or vicarious agent in accordance with statutory provisions. Otherwise, we are liable only under product liability law, for injury to life, body, or health, or for culpable breach of essential contractual obligations. Compensation for breach of essential contractual obligations is limited to foreseeable, typical damage. In cases of gross negligence, our liability is also limited to such foreseeable, typical damage, unless one of the exceptions listed in sentence 2 of this paragraph applies.

  2. Liability for damage caused by the delivered item to legal assets of the customer or third parties, e.g. damage to other items, is excluded. This does not apply in cases of intent, gross negligence, or injury to life, body, or health.

  3. The provisions in paragraphs (1) and (2) apply to claims for damages in addition to or instead of performance, regardless of the legal basis. This includes claims based on defects, breach of duty, or tortious acts. They also apply to claims for reimbursement of wasted expenditure.

§ 10 Data Protection

We collect, process, and use personal data only in accordance with applicable data protection laws. For example, your personal data may be passed on to our external partner responsible for delivery. Further details can be found in our privacy policy, which can be accessed via the link on our website.

§ 11 Miscellaneous Provisions

  1. The place of performance and jurisdiction for all claims arising from the contractual relationship is – where legally permissible – always the registered office of de Sede AG in CH-Klingnau, specifically the district court in CH-Zurzach. We are also entitled, at our discretion, to bring action at the customer's general place of jurisdiction.

  2. The business relationship and all legal relations between us and the customer are governed exclusively by Swiss law, excluding the rules on conflict of laws. In particular, the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

  3. The data required to process the order will be stored by us in accordance with applicable data protection laws.