LONESOME DRAGON

CONFIG Wolfgang Dick

UID: CHE-101.003.208

Workshop & Showroom

Gewerbezentrum Moos

Dorfstrasse 8

8484 Weisslingen

SWITZERLAND

Welcome

• Hello! Thank you for visiting our website and store and supporting LONESOME DRAGON!
• We do not like GTC’s, no lawyer fodder and for us are satisfied customers in the foreground. Nevertheless, we have to do this to us here, but we assume that in all possible problems an amicable settlement can be found to everyone’s satisfaction. Just talk to us 🙂

Validity of the GTC

• The General Terms and Conditions are based on Swiss law and apply to all orders placed by the Buyer. Amendments and ancillary agreements are only effective if they are confirmed in writing by the supplier.
• In all other respects, the provisions of the Swiss Code of Obligations on the contract of sale (Art. 184 et seq. OR) as well as other Swiss laws and ordinances shall apply. Should any provision of this contract be or become invalid or should the contract contain a loophole, the legal validity of the remaining provisions shall not be affected thereby. In place of the invalid provisions, a valid provision shall be deemed to have been agreed from the outset which comes closest in economic terms to that intended by the parties. The same shall apply in the event of a loophole.
• With an order (online store, eMail, telephone or also personally) these general terms and conditions are considered as accepted by the customer.

Product and price

• The prices in the store are shown in CHF. Not included in the price are the costs for packaging and shipping. They are mentioned with the product and vary depending on the size and packaging effort of the product.
• The prices in the store are shown in CHF incl. Swiss VAT.
• Images of products in advertising, brochures, website, online store, etc. are for illustrative purposes and are not binding.
• We take great care to provide up-to-date and accurate information on availability and delivery times in the online store. Nevertheless, all information on availability and delivery times is without guarantee and may change at any time.
• We are a Swiss company and ship from Switzerland. When shipping abroad, additional costs may arise due to taxes and customs duties in the receiving country, over which we have no influence.

Contract conclusion

• The products and prices in the online store are considered an offer. However, this offer is always subject to the contract dissolving condition of an impossibility of delivery or an incorrect price quote.
• The purchase contract for products or services is concluded with us as soon as the clientele places their order in the online store, in the showroom, by telephone or e-mail (hereinafter referred to as “purchase contract”).
• The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online store and that the contract has therefore been concluded subject to the delivery option and the correct price information.

Payment

• When ordering via the webshop with shipping option can be paid with PayPal (and above with credit cards) or by bank transfer (prepayment).
• Delivery will be made only after receipt of payment.
• Cash payment in CHF, EUR or USD, EC-Direkt (Maestro) and direct payments with major credit cards are also possible at pick-up.

Delivery & Shipping

• We are a Swiss company and ship from Switzerland. When shipping abroad, additional costs may arise due to taxes and customs duties in the receiving country, over which we have no influence.
• It may be that the assembly and provision of a selected product variant takes place only after the order or receipt of payment. In such cases, the goods will be shipped 1-4 business days after receipt of payment, otherwise the shipment usually takes place on the next business day after receipt of payment.
• Unless otherwise agreed, delivery will be made by Swiss Post as PostPac Economy.
• If the goods are sent uninsured by mail, the risk of loss by mail lies with the buyer.
• If the customer does not accept the ordered products on the agreed or indicated delivery date, the contract shall be dissolved (cancelled) and the customer may be charged for the delivery costs incurred and any loss in value.
• If the customer does not pick up the products ordered for collection in our workshop/showroom within 14 calendar days from the date of readiness for collection, the contract will be dissolved (cancelled).

Refusal of acceptance or delivery not possible

• If the shipment cannot be delivered due to incorrect or incomplete address information by the purchaser or absence of the recipient, or if acceptance is refused by the recipient or the shipment is not collected from the recipient’s post office, additional costs will arise due to the return shipment to us as well as costs for handling, inspection, replacement of packaging, etc.. These costs as well as the total shipping costs (outward and return shipment as well as re-shipment if necessary) shall be borne by the buyer.
• If in such cases the buyer waives the right to resend the goods, the refund of the purchase price will be reduced by the shipping costs for outward and return shipment as well as a handling fee in the amount of CHF 60.

Order cancellation

• Cancellation of the order is possible only before delivery.
• Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by the customer may be accepted at our discretion and we may charge a handling fee of 20% of the cancelled order value, but not less than CHF 60, as well as any loss in value of the cancelled products since their order.
• If after an order or the conclusion of the contract a (partial) delivery impossibility (resolving condition) occurs, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If no payment has been made, the customer will be released from the obligation to pay. Further claims due to delay or failure of delivery are excluded.

Exchange and return

• Swiss law does not provide for a right of withdrawal for online purchases.
• However, we are only satisfied when our customers are too. Therefore, in the event of possible problems, we strive to find a solution that satisfies all parties.
• However, please understand that love swings are “hygiene products” and a “seal” would be difficult with such products. However, you also want to be sure to receive an absolutely new and unused love swing when buying, which makes a return practically impossible, which is why exchanges and returns are only possible in case of defects, wrong delivery or defective goods.

• However, if we agree to a return or exchange for other reasons under certain conditions and as a gesture of goodwill, neither the packaging nor the merchandise must show any signs of use and must be returned to us unused and in perfect condition. Refunds for returns will be the purchase amount less any shipping charges incurred.
• In all cases, the return transport or return shipment is at the expense and risk of the customer.
• We consider refusals of acceptance without communication to be very impolite, because in the case of a return we do not even know whether this was done intentionally or whether the package could not reach the customer for various reasons. Also in these cases we reserve the right to charge a handling fee of 20% of the order value, but at least CHF 60.-, as well as the possible loss of value of the cancelled products since their order (e.g. also in case of shipments torn open by customs). Furthermore, the buyer also bears in these cases the incurred shipping costs for both the outbound and the return shipment.

Defects & Warranty

• Buyers are obliged to check the goods for correctness, completeness and delivery damage upon receipt and to report defects to us in writing within 5 days and not to use the product and to keep it in its original packaging.
• For possible damages that occur during normal use of our products and are due to defects in material or workmanship, you are entitled to repair or replacement during the warranty period. This period depends on the respective product (for products of the LONESOME DRAGON brand this period is 5 years).
• Excluded from this are possible normal wear and tear or damage due to improper use as well as commercial use.
• However, regardless of this, we are here for you after the purchase and can repair or replace pretty much any part of the LONESOME DRAGON love swing program.

Liability and disclaimer

• Liability is governed by the Swiss, applicable legal provisions. However, we are in no case liable for slight negligence, indirect and consequential damages.
• Before each use of a love swing, the ceiling attachment must be checked. Further, it must be checked that no connections (e.g. screws and seams) have loosened and that there is no damage to the material. Further, the spring and the rope must also be checked accordingly.
• Furthermore, we are not liable for damage caused by any of the following:
  • improper, non-contractual or unlawful storage, adjustment or use of the products;
  • Use of incompatible spare parts or accessories;
  • failure to inspect, maintain and/or improperly modify or repair the products by the customer or a third party;
  • force majeure, in particular damage caused by the elements, moisture, falling and impact damage, etc., for which we are not responsible.

Miscellaneous

• Should one or more provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.
• Applicable is exclusively Swiss substantive law under exclusion of the Vienna Sales Convention.
• The exclusive place of jurisdiction for all lawsuits is our registered office.

Privacy

• Data protection is a matter of trust and your trust is important to us. We respect your personality and privacy.
• Your data, to the extent disclosed by you, will be stored by us only to the extent necessary for order and order processing and compliance with legal requirements. Under no circumstances will this data be sold or passed on to third parties (with the exception of your contact details, which must be passed on to the post office for shipping).
• We accept payments with PayPal. During the payment process, some of your data will be passed on to PayPal. Only information necessary for the processing or execution of the payment will be shared, such as total purchase price and payment information.
• We will retain your personal data for as long as we deem necessary or appropriate to comply with applicable laws or as long as it is necessary for the purposes for which it was collected. We will delete your personal data as soon as it is no longer needed and in any case after the maximum retention period required by law.
• You have the right to assert your data protection rights at any time and to receive information about your stored personal data, to correct or supplement your personal data or to request the deletion of your personal data. You can find the contact options in the menu as well as in the footer of the website.

Weisslingen, March 2022