General Terms and Conditions

General Terms and Conditions of Dexso GmbH

Last Updated: January 25, 2023

Introduction

These general terms and conditions of Dexso GmbH, written in English, apply to all services and products (hereinafter "Products") of Dexso GmbH (hereinafter equally referred to as "Dexso", “we” or “us”). In case of doubt, the general terms and conditions of Dexso GmbH written in English always apply. Translations of the General Terms and Conditions of Dexso GmbH, which may also be published on www.Dexso.com, are for information purposes only and are not considered binding.
Persons who call up information on websites and/or webshops of Dexso GmbH, for example www.dexso.com (hereinafter "Website") or intend to do business with Dexso, declare their agreement with the following terms and conditions.
The term "customer" refers to any natural person or legal entity that maintains business relations with Dexso. Other terms and conditions sent by the customer or found on written documents are not valid for Dexso. Errors in spelling are reserved. The current and binding version in English, as well as non-binding translations, of the General Terms and Conditions of Dexso GmbH are published at www.dexso.com.

Products and Availability

The Products offered for sale on the Shop are intended for legal use only. The Shop does not guarantee the availability of any particular Product, and reserves the right to discontinue the sale of any Product at any time without notice.

Conclusion of Contract

The products, services and prices published at www.dexso.com are considered as an offer. The contract is considered to be concluded when, after receipt of an order, it is confirmed in writing by Dexso. The receipt of the automatically generated order confirmation does not constitute a commitment that the product is actually available or can be delivered. It merely indicates to the customer that the submitted order has been received by Dexso and thus that the contract has been concluded, which is subject to the resolutory condition of the lack of delivery possibility. If one of the dissolving conditions occurs, the contract will be immediately and automatically dissolved. About such a dissolution the customer will be informed immediately. In case the delivery of the product has already taken place, the ownership will automatically revert to Dexso and the Customer is obliged to return the Product (with reimbursement of the price paid by Dexso). If the product has not yet been handed over, the customer is not obliged to pay the purchase price nor to accept the product. As a result of such termination of the contract, Dexso is not obliged to make a replacement delivery.

Pricing

The prices for the Products displayed on the Shop are inclusive of Value-Added Tax (VAT) but exclusive of shipping and handling charges. Shipping and handling charges will be calculated during the ordering process and added to the total price of your order. The final price, including VAT and shipping and handling charges, will be displayed on the checkout page before you confirm your order.
Wholesale prices are granted exclusively upon proof of official activity in the trade in the trade (trade register entry). Prices and products are always subject to change. To request wholesale prices please contact jonas@dexso.com.

Price Changes

Dexso reserves the right to change prices, postage and packaging as well as possible surcharges. The prices published on the website apply. Special shipping, such as bulky goods or shipping by rail / drop shipping, will be charged additionally. This will be communicated to the customer in advance. The delivered goods remain the property of Dexso until full payment is received.

Ordering and Payment

When you place an order for Products through the Shop, you are making a legally binding offer to purchase those Products. The Shop may accept or reject your offer in its sole discretion. If the Shop accepts your offer, it will send you an email confirming your order (the "Order Confirmation"). The order is legally binding from the moment the confirmation email is sent by the shop, regardless of whether the client has seen the email or not. You agree to pay the price for the Products, as well as any applicable taxes and shipping costs, at the time you place your order. The Shop will charge your credit card or other payment method for the full amount at the time it sends the Order Confirmation
You agree to pay the price for the Products, as well as any applicable taxes and shipping costs, at the time you place your order. The Shop will charge your credit card or other payment method for the full amount at the time it sends the Order Confirmation.

Terms of Payment

The customer agrees to pay with the payment options offered by Dexso. The current payment options and the associated conditions are available at www.Dexso.com. Products that are delivered to the customer remain the property of Dexso until full payment of the purchase price. The Customer grants Dexso the right to register a retention of title in the retention of title register.

Default of Payment

If the customer fails to meet his payment obligations in whole or in part, all outstanding amounts owed by all orders placed up to that point will become due immediately, and all deliveries will be suspended. Dexso reserves the right to withdraw from the contract. The withdrawal from the contract will take effect automatically and without notice after eight days after Dexso has unsuccessfully sent the Customer a request for payment.

Cancellation and Termination of the Contract

Orders placed with Dexso are binding according to section 3 of these GTC and the customer is obligated to accept the service. Subsequent changes and cancellations are only possible in the wholesale trade and in exceptional cases approved by Dexso. Subsequent changes are at the complete discretion of Dexso and may be subject to handling charges, which will be borne by the customer. Dexso will endeavor to keep these handling costs as low as possible. If they should exceed the actual order value, Dexso will inform the customer and give him the possibility to decide whether the change or cancellation order should still be executed or to execute the original order without change. If the Customer does not take delivery of the products within two weeks despite the obligation to take delivery, Dexso may dissolve (cancel) the contract and charge the handling costs. In case of a delay in delivery by Dexso pursuant to Section 3 of these GTC, the customer shall have the right to cancel the contract at the earliest 30 (thirty) calendar days after the agreed delivery date. In the event of cancellation due to Dexso will reimburse the Customer in full for any amounts already paid in advance. Further compensation of any kind are excluded.

Shipping and Delivery

The Shop will ship the Products to the address you provide at the time you place your order. The normal shipping time is up to 5 working days if the product is on stock, however, shipping times may vary depending on the availability of the Products and your location. The Shop will use commercially reasonable efforts to ship the Products within the time frame stated on the Shop. If a delay in shipping is expected, the Shop will notify you by email.
Subsequent deliveries are free of charge. If articles are not available on the agreed date, Dexso reserves the right to make partial deliveries or deliveries at a later date. Dexso excludes any liability as a result of late or late or non-delivery.
Dexso assumes no liability for transport damages. Costs arising from transport or special requests will be charged to the customer.

Inspection Obligation of the Customer

Delivered or collected goods are to be checked immediately for any defects such as correctness, completeness or intactness. Possible defects or damages (visible as well as hidden) have to be reported to Dexso immediately, at the latest within 5 (five) calendar days after their detection. For further action, the consignment must be kept in the condition in which it was delivered and the product must not be put into operation under any circumstances. If the customer fails to notify Dexso in due time, or if the customer puts the product into operation in spite of defects, the delivery shall be deemed to be approved. In the case of delivery by a forwarding company, the customer confirms with his signature the visual integrity of the delivery, unless a reservation is noted. In this case, Dexso assumes no liability for visible transport damage.

Returns and Refunds - Returns Due to Defects & Instructions for Use and Hazard Warnings

You may return Products that you have ordered from the Shop within 2 weeks of the date of delivery, provided that the Products are unopened and undamaged. To return a Product, please contact the Shop at [contact information] to obtain a return merchandise authorization number. All cost for returns are to be paid by the customer.
The Shop will refund the purchase price of the returned Product, minus any shipping and handling charges, to the original payment method used to purchase the Product.
If the customer wishes to return products to Dexso due to defects, this will be done at the expense and risk of the customer. Returns must be addressed to the head office of Dexso. The products must be returned with all accessories in the original packaging, properly packed and insured. The return shipment must be accompanied by a detailed description of the defect and a copy of the purchase invoice. Returns that cannot be assigned to a customer, will be disposed of.
The customer undertakes to read the instructions for use and hazard warnings of the respective manufacturer and to comply with the applicable legal provisions in the handling of the sold items. Dexso shall not be liable for any damages arising from the customer's failure to follow the instructions for use and hazard warnings provided by the manufacturer or from the customer's failure to comply with the applicable legal provisions.

Warranty and Liability

The products and services ordered on the website are subject to a warranty period of three months from the date of delivery, whereby Dexso may provide the warranty either by rectification, replacement, reduction or conversion. The warranty will only be provided if there are no reasons for exclusion such as normal wear and tear, damage due to incorrect manipulation, tampering and manipulation as well as external circumstances such as damage caused by the elements, moisture, falling, impact damage, etc.
For wear parts, batteries and accumulators Dexso conditions the warranty completely away. Optical defects are excluded from the warranty. Goods which are sent or returned to Dexso as a warranty claim or defect will be inspected for the stated defect or damage. If the defect/warranty case is confirmed and the notice of defect was made under the stated conditions according to these GTC, the defective product will be repaired or replaced and sent back to the customer free of charge. If it turns out that the defect/warranty claim is not justified, or that there is no defect at all, or that the product is in perfect working order, the work involved and the return shipment will be charged to the customer. Further rights of the customer, such as compensation or withdrawal from the contract are excluded.
The warranty granted by Dexso expires if modifications have been made to the product by unauthorized third parties or repairs have not been carried out by Dexso or a third party authorized by Dexso in writing in advance.
In all cases, the customer is obligated to mitigate damages.
All warranty work will be performed only upon presentation of proof of purchase.

Repair outside the manufacturer's warranty and the warranty period.

In the event that Dexso incurs costs for the repair of products outside of the warranty and guarantee obligation, the customer will be responsible for covering these costs. If upon inspection, a device is found to have no detectable defects or the potential defect is not covered under the manufacturer's warranty, Dexso or the manufacturer of the product may charge the customer for the costs of testing and shipping the device back to the customer.

Liability for Product Selection and Use

The customer is responsible for the selection and use of the products. Claims for damages of any kind, are excluded, unless Dexso has caused the damage intentionally or through gross negligence. In no case will Dexso be liable for consequential or indirect damages. Liability for indirect damage and consequential damage resulting from the use, from faulty performance or from loss of performance is excluded. The regulations concerning the legal status of the products as well as the regulations concerning the import of such products must therefore be compulsorily checked by the purchaser in the recipient country prior to purchase. Any liability for the import of goods is bound away from Dexso. The Buyer by the purchase to have informed himself about all necessary legal regulations. The buyer expressly assumes responsibility for the importation and possession of Dexso products in the country of destination.

All product, brand and company names indicated are the property of their respective owners. All rights are reserved in this respect. All materials displayed on www.Dexso.com are subject to the copyright provisions of the respective rights holders of the corresponding images. Dexso assumes no liability for missing, incomplete or incorrect copyright information. Content and design of the website are protected by copyright. The unauthorized reproduction or distribution of individual contents or complete pages is not permitted. Reproduction of the pages or individual contents requires the prior written consent of Dexso GmbH. The display of this website in external frames is only permitted with written permission from Dexso GmbH.

Limitations of Liability for the Use of the Dexso website - www.dexso.com

Dexso disclaims all liability for any loss, damage, corruption, or destruction of any data of any kind - whether direct, indirect or consequential damage - resulting from the use of or access to the Dexso website or links to third party websites. Dexso does not warrant that the website, or any part of the website, will be error-free. Dexso also does not guarantee unrestricted access to the website for an unlimited period of time. In addition, Dexso disclaims any liability for manipulations of the computer system of the Internet user by unauthorized persons. In this context, Dexso expressly draws attention to the danger of all kinds of malware of all kinds and the possibility of targeted hacker attacks. The visitors of the website have to protect themselves against attacks by unauthorized persons, against malicious programs of all kinds, and against other security risks.
Dexso makes no warranty (either express or implied) as to the accuracy, completeness and up-to-dateness of the information published on the Website, even if due diligence has been exercised in collecting it from sources believed to be reliable.
Dexso always tries to inform the customers about the offered products and services in the best possible way. This information is in part obtained directly from the manufacturers and is compiled by Dexso for its customers. Any information about products, services, warranty conditions and manufacturer warranty periods, which are published by Dexso, are therefore without guarantee and are not to be understood as an assurance. In particular, no liability can be assumed for the accuracy, completeness and topicality of the information. Dexso attaches great importance to the careful maintenance and the availability of products carefully and as correctly as possible. Due to production or delivery bottlenecks or due to incorrect stock data, however, there may be delays in delivery. All information on delivery times is therefore non-binding, without guarantee and may change at any time and without notice. Delivery may also be impossible if a product can no longer be manufactured or supplied. In this case, a delivery impossibility (resolving condition) occurs in accordance with these terms and conditions.

Place of jurisdiction and applicable law

The place of performance and jurisdiction is Basel-Stadt in Switzerland. Applicable law is the substantive Swiss law, with the law, excluding the application of the conflict of laws. This exclusion also includes the UN Convention on the International Sale of Goods (CISG).

If you have any questions or concerns about these Terms or the Products, please contact the Shop over the contact field on our website or via E-Mail to jonas@dexso.com.