This page gives you information about the legal terms and conditions (Terms) on which we sell our products (Products) listed on our website.
These Terms will apply to any contract between Ademanta and you for the sale of Products (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our website.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
We operate the website https://www.ademanta.com/. Responsible for the website is : Andreas B. Notter, Tavelweg 2 , 3074 Muri B. Bern, Switzerland
1.1 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. You can e-mail us at email@example.com or contact our customer services team by telephone on CH +41 (0) 31 310 58 58 or by post to Andreas B. Notter – Tavelweg 2, 3074 Muri b. Bern, Switzerland.
If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or the letter.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at CH +41 (0) 31 310 58 58 or by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.2 Contacting us if you are a business. You may contact us by telephoning our customer service team at CH +41 (0) 31 310 58 58 or by e-mailing us at email@example.com or firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 15.3.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that the displayed colors on your computer’s screen are enough accurate. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. USE OF OUR SITE
Your use of our website is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW DO WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
5.1 If you are a consumer, you may only purchase Products from our website if you are at least 18 years old (applies only if you are a consumer).
5.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase Products (clauses 5.2 – 5.5 only applies if you are a business).
5.3 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.4 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND ADEMANTA
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. We recommend you to take your time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6.5 This site and its contents will not constitute the basis for any contractual commitment between us in any jurisdiction in which the solicitation of interest or the offering of or sale of Products by us would contravene any applicable local, regional or national legislation. No prospective customer should seek to make any order through the site from jurisdictions in which it would be illegal for us to sell Products.
7. OUR RIGHT TO REVISE THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.2. This means that during the relevant period if you decide for any reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
8.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product.||The end date is the end of 14 days after the day on which you receive the Product.|
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Multiple Products which are delivered on separate days.||The end date is 14 days after the day on which you receive the last of the separate Products ordered|
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January, you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
8.3 To cancel a Contract, you just need to let us know that you have decided to cancel in writing. You can e-mail us email@example.com or contact us by telephone on CH +41 (0) 31 310 58 58 or by post to Andreas B. Notter – Tavelweg 2, 3074 Muri b. Bern, Switzerland. If you are e-mailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or the letter.
8.4 If you cancel your Contract we will:
(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you within 14 days after the return of the Product to us.
8.5 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.6 We will refund you on the PayPal account, credit card or debit card used by you to pay.
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) Unless the Product is faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us.
8.8 If you decide to cancel your Contract by either refusing the Products (other than for reasons set out in 8.5) at the point of delivery or not paying any import charges or other taxes, all charges related to the return will be your responsibility (the party ordering the Products) and will be deducted from the refund.
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms.
9.1 We will contact you with an estimated delivery date, which will be within 10 working days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
9.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges.
9.4 Any delivery date indicated is an estimate only. As a guide, please allow up to 5 working days for delivery within Switzerland and 10 working days for international delivery from receipt of Dispatch Confirmation. This is subject to goods being in stock and you should allow for a longer delivery time during the holiday periods. All deliveries are sent from Bern using Swiss Post services.
9.5 If we miss the 10-day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply (This clause 9.5 only applies if you are a consumer):
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.7 If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them.
10. PRICES OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes delivery charges.
10.4 We cannot be held responsible should local customs authorities wish to confiscate any particular item ordered, or charge any import duty on such items. You are responsible for paying the duty. We cannot guarantee that the sale and delivery of our goods to your particular country or location is permissible, so please be aware of your own geographic import restrictions and duties that may apply by law.
10.5 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11.1 You can pay for Products using a debit card, credit card or PayPal (subject to availability).
11.2 Payment for the Products and all applicable delivery charges are in advance. We will not charge your debit card or credit card until we dispatch your order.
12. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products paid by you.
13. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event outside Our Control which has continued for more than 10 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a consumer you may contact us as described in clause 1.1.
15.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by Swiss law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by Swiss law.
16.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Swiss Confederation.
16.8 If you are a business, we both irrevocably agree that the courts of Bern, Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).