General Terms and Conditions (GTC)
Article 1 - Definitions
The following definitions apply in these terms:
Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and concludes a distance contract with the entrepreneur;
Day: calendar day;
Duration contract: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over a certain period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers by means of distance selling;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of goods and/or services, whereby one or more means of distance communication are used exclusively up to the conclusion of the contract;
Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being physically present in the same place at the same time;
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Shop name: Devako.ch
Chamber of Commerce number: 91092124
VAT identification number: NL004865311B14
E-mail: info@devako.ch
Company address: PO BOX 51311, 1007 EH Amsterdam, Netherlands
Article 3 - Applicability
These General Terms and Conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before concluding the distance contract that the General Terms and Conditions can be inspected at the entrepreneur's business premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions can be made available to the consumer before concluding the distance contract in such a way that the consumer can easily store it on a durable medium.
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these shall apply additionally. In case of conflicting conditions, the consumer may always rely on the provision most favorable to them.
Should individual provisions of these General Terms and Conditions be invalid, the contract shall remain effective in all other respects.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The entrepreneur is entitled to change the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an appropriate assessment. Obvious errors do not bind the entrepreneur.
Images and specifications are indicative and do not create any claims.
Each offer contains information about:
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the price (plus possible customs duties and import VAT in the destination country),
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any shipping costs,
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payment, delivery, and execution conditions,
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the validity period of the offer,
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the existence of a right of withdrawal,
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the contract conclusion process.
Article 5 - The Contract
The contract is concluded as soon as the consumer accepts the offer and fulfills the conditions specified therein. After acceptance, the receipt of the order is confirmed by email.
The entrepreneur takes appropriate technical and organizational measures to ensure the security of electronic transmission.
The entrepreneur may conduct credit checks and reject orders in case of justified doubts.
The entrepreneur provides the consumer with the following information after the conclusion of the contract:
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The company address for complaints,
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Conditions for the Right of Withdrawal,
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Warranty Terms,
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Customer Service Information.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving reasons. The period begins the day after receipt of the goods.
During this period, the consumer treats the goods carefully. To exercise the right of withdrawal, they inform the entrepreneur in writing (e.g., by email) within the period. The goods must be returned within 14 days after notification.
The consumer bears the burden of proof for the timely return.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, they bear the return shipping costs.
Refunds are made no later than 14 days after receipt of the return.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the right of withdrawal in cases of:
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custom-made products,
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sealed hygiene products,
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perishable goods,
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Newspapers and magazines,
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Audio/video recordings with broken seal.
Article 9 - The Price
During the offer period, prices remain stable, subject to legal changes.
Price adjustments after conclusion of the contract occur only in the case of legal changes or fluctuations in the financial market, insofar as this has been agreed.
According to applicable VAT regulations, delivery is made from outside the EU. When importing into Switzerland or Italy or Denmark or the Czech Republic or Slovakia or Turkey, additional customs duties, import VAT, and handling fees may be charged directly to the recipient by the shipping service provider (e.g., DHL, Swiss Post). These costs are not included in the purchase price and must be borne by the customer.
Printing and typing errors do not bind the entrepreneur.
Article 10 - Conformity and Warranty
The goods comply with the contract as well as the legal requirements.
Defective or incorrectly delivered products must be reported within 14 days.
Guarantees are void in case of improper use or unauthorized modifications.
Article 11 - Delivery and Execution
The entrepreneur strives for prompt execution of orders.
Deliveries are made to the address provided by the consumer.
Processing time is 1–2 working days, shipping time 4–6 working days.
In case of delays, the entrepreneur informs the consumer in a timely manner. If delivery does not occur, the consumer can cancel the contract free of charge.
Article 12 - Fixed-Term Contracts
The consumer can terminate indefinite contracts with a notice period of up to one month.
Extensions require explicit agreement.
Article 13 - Payment
Payments are due within 7 working days after ordering, unless otherwise agreed.
The consumer commits to checking their payment details and promptly correcting any errors.
Article 14 - Complaint Procedure
Complaints must be submitted fully and clearly within 7 days after the defect is identified.
The entrepreneur responds to complaints within 14 days.
Article 15 - Legal Disputes
Only Dutch law applies. The place of jurisdiction is Amsterdam, Netherlands.
Article 16 - CESOP
Under the Payment Service Provider Implementation Act, payment data can be stored in the European CESOP system.
