General Terms and Conditions
1. General information
1.1. These general terms and conditions (“GTC“) apply to all transactions entered into between a customer (“Customer“, “You“) and deMadgo SA (“DeMagdo“, “We“, “Us“,) as operator of the online shop on demagdo.com (“Website“). By using the online shop of the Website, you acknowledge that you are bound by these GTC, which you declare having read and understood.
1.2. DeMagdo reserves the right, at its sole discretion, to modify or change these GTC at any time. It is your responsibility to consult them regularly in order to be informed of any changes.
2.1. The prices indicated on the Website are net, in Swiss francs, including VAT if applicable (including VAT). In addition to the indicated prices are added the delivery costs which are not included.
2.2. DeMagdo reserves the right to immediately reflect any change in VAT applicable on the prices displayed on the Website.
2.3.The prices displayed on the site may be modified at any time, without notice from DeMagdo, without justification and without any liability whatsoever on its part. The applicable price is the one entered at the time the order is placed.
3.1. Any order via the Website is considered as an offer to conclude a sales contract between you and DeMagdo in accordance with these GTC. A binding order for the products contained in the basket is only completed and valid when clicking the “Order” button on the order page. Once binding, no additions or changes may be made to the order.
3.2. All orders placed on the site must be paid for before delivery. Payment will only be deemed to have been made when DeMagdo has received payment in full of the sums indicated on each order via the Website.
3.3. The payment of your order is made by credit card, directly on the site, through the payment service “Stripe”. DeMagdo cannot be held responsible for the proper functioning of the services offered by Stripe.
3.4. The receipt of your order is confirmed by an automatic e-mail and constitutes a contractual agreement. The availability of the Products is a condition precedent to each agreement. The availability displayed on the Website serves as information, not as an availability and/or delivery confirmation. If we are unable to process your order, you will receive a notification of non-availability.
3.5. The sales contract is only concluded and effective after your confirmation of acceptance of the GTC, verification of your personal information, receipt of your payment by DeMagdo, verification and confirmation of your payment, verification of Products availability by DeMagdo and sending by DeMagdo of an order confirmation email containing the details of your order.
3.6. Alcoholic beverages are not sold to persons under the age of 18. During the order, the Customer must confirm that he/she is 18 years old or older. The Customer undertakes to provide accurate information and We reserve the right to request a copy of the Customer’s identity card. If this minimum age is not reached, the contract will not be concluded.
4.1. Deliveries are limited to Switzerland
4.2. Orders accepted by DeMagdo will be delivered to the address indicated by the Customer. The delivery times mentioned on the Website are purely indicative and shall not give rise to any rights in favor of the Customer. We are not liable for any losses caused by late delivery or non-delivery of Products.
4.3. If you are not at home, we may take the liberty of dropping off your delivery on your doorstep or according to the instructions you left at the end of your online order. We are entitled to make partial deliveries and services at any time. If We make a partial delivery, We will pay the additional shipping costs. The shipment of your order follows the current prices and delivery times of the chosen delivery method.
4.4. You understand and agree that DeMagdo cannot be held liable for any damage resulting from delivery including but not limited to loss, theft, delay, etc.
4.5 If, for reasons beyond its reasonable control (including but not limited to the failure of its suppliers, incorrect delivery address, lack of recipient, etc.) DeMagdo is unable to deliver the goods, it is released from its obligations under the agreement and undertakes to reimburse any amount paid by the Customer within 30 days. No compensation can be claimed.
5. Return of goods
5.1. In the event of an error in the delivery of the order only (incorrect quantity, not the correct products, etc.), unwanted delivered Products may be returned subject to the conditions described below. The shipping costs related to a return are at DeMagdo expense.
5.2. You shall inform DeMagdo by email at email@example.com within 5 working days of receiving the order and to indicate your order number, your personal information and the reasons for the return. We will inform you of the return procedure by email.
5.3. Following your return, DeMagdo will do its utmost to ensure the delivery of your order to correct the error. However, if You do not wish to obtain this new delivery, DeMagdo will offer you the option of obtaining a refund for your order.
5.4. On receipt of a returned product, DeMagdo will proceed to its verification. Once the return conditions have been met and respected and if you have chosen the refund option, DeMagdo will proceed within approximately 10 working days.
All our promotional codes, apart from communication codes, are for personal use only. It is not permissible to sell coupons or coupon codes without prior written consent from us. We therefore reserve the right not to accept orders placed with a promotional code that is intended to be used by another person. Vouchers can be redeemed only on the terms indicated on the voucher. When paying with a voucher, any possible remaining balance is credited to the account and automatically credited with the next order. The accumulation of actions, coupons and discount codes is not possible.
7. No Warranty
7.1. The representation of the products on the Website is only a non-binding online catalogue and does not have any contractual value. A misrepresentation or misunderstanding of the content does not constitute a valid reason for return.
7.2 Subject to any applicable mandatory legal provisions, in particular those relating to public health on food, DeMagdo excludes any guarantee on its part with regard to products ordered on the Website.
8. Limitation of liability
You expressly acknowledge and agree that DeMagdo, its directors, managers, employees, agents or other auxiliaries, shall not be liable for any direct, indirect, incidental, special, consequential or derivative damages, including, without limitation, damages for loss of profit, loss of goodwill or other intangible losses resulting from access to and use of the Website or the inability to access and use it, or any other matters relating to the Website.
9.1. These GTC constitute the entire agreement between you and DeMagdo with respect to access to and use of the online shop on the Website. They replace and cancel all previous agreements, arrangements and undertakings of any nature between you and DeMagdo, whether oral or written, regarding this subject matter.
9.2. If any part of these GTC is found to be unenforceable, it shall be replaced by a provision having, to the greatest extent possible, the same effect, while the remaining provisions shall remain in full force.
9.3. These GTC are governed by Swiss law, to the exclusion of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. Any dispute in relation to these GTC shall be submitted to the exclusive jurisdiction of the courts of the canton of Geneva Switzerland. Any imperative forum is reserved.