Terms of service
SCOPE AND INFORMATION ABOUT THE SELLER
The present "General Terms and Conditions" (hereinafter "GTC") govern the rights and obligations between Day AG and its customers when purchasing products (hereinafter "Products") sold through this website (hereinafter "Site"). Day AG reserves the right to change these GTC from time to time. The GTC that are valid at the time of contract conclusion, i.e., at the time of order confirmation by Day AG, apply.
CONCLUSION OF THE CONTRACT
The presentation of products and pricing information on the website is not legally binding offers but are merely invitations to the customer to make a binding offer. Day AG does not accept orders but merely confirms receipt of the customer's order. Actual delivery by Day AG constitutes acceptance by Day AG and defines the respective subject matter and scope of the contract between the parties, even in cases of advance payment by the customer, i.e., even when Day AG charges the customer's credit card.
Day AG reserves the right to reject the customer's offer and not deliver the ordered products if they are not available from Day AG's suppliers and/or manufacturers. The publication of specifications, delivery scopes, etc., on the webshop is not legally binding. If Day AG cannot supply the customer according to their order (price and product specifications), Day AG will refund any advance payments made by the customer.
Unless explicitly stated in writing by Day AG, delivery dates are only non-binding estimates, even if given to the best of Day AG's knowledge. This applies particularly if the manufacturer faces delivery difficulties. If a delivery is delayed beyond the date explicitly confirmed in writing by Day AG, the customer may set a grace period of at least three weeks. After this grace period, the customer may withdraw from the respective order. Further claims are excluded.
Day AG is entitled at any time to cancel confirmed orders or not to execute them. The customer acknowledges that the selling prices of the products are subject to change, i.e., that there may be price increases between the time of the order and delivery by Day AG, which the customer can reject. In this case, Day AG will refund the purchase price paid (also in cases where the customer's credit card was charged) for the undelivered products; further claims are excluded.
Changes to the order or cancellations requested by the customer are only valid if confirmed in writing by Day AG. Costs already incurred by Day AG may be invoiced to the customer. Day AG is entitled to make partial deliveries; the customer accepts partial deliveries.
No guarantee is given for all technical data and information on the delivery scope, i.e., Day AG is not liable for damages that may arise from deviations thereof.
PRICES AND PAYMENT TERMS
The prices to be paid by the customer are the prices valid at the time of acceptance of the order by Day AG in the specified currency. Prices listed in the webshop include VAT for Switzerland and the EU, exclude shipping costs, and (only where applicable) import duties.
PAYMENT AND DELIVERY
Day AG charges credit or debit cards upon shipment of the ordered products. Day AG reserves the right to check credit or debit card payments before acceptance. The payment methods accepted by us can be found on the website. In the event of late payment, Day AG is entitled to suspend all or part of any further deliveries to the customer without further notice until payment has been received or secured.
Delivery methods and estimated delivery times for the products may vary by country and are clearly indicated on the website. Each order is subject to acceptance by Day AG. Day AG may refuse acceptance of an order or cancel an order at its discretion, whether the order has been confirmed or not, without providing reasons and without liability to the customer or a third party. If your credit card has already been charged for a confirmed order that is later canceled, Day AG will refund the deposit.
RISK AND RETENTION OF TITLE
Day AG ships the products only after full payment has been received. Ownership of the products transfers to the customer upon shipment by Day AG.
WARRANTY
The warranty period applies to shoes that are less than one year old from the shipping date. Day AG's warranty program does not cover defects due to improper fit, normal wear and tear, damage from misuse, modifications to the product, or negligence. All warranty claims are reviewed on a case-by-case basis, and approved cases will receive a free replacement pair. All other or additional warranty claims are hereby expressly excluded.
LIMITATION OF LIABILITY
Day AG is only liable for direct damages and only if the customer can prove that Day AG, its agents, or third parties commissioned by Day AG have acted grossly negligently or intentionally. In any case, Day AG's liability is limited to the (purchase) prices of the respective delivery/service. Any further liability for damages of any kind by Day AG, its agents, or third parties commissioned by Day AG is excluded. In particular, the customer has no claim for compensation for damages not caused to the product itself, such as production downtimes, loss of use, loss of orders, loss of profits, or other indirect or consequential damages.
APPLICABLE LAW AND JURISDICTION
The contractual relationships between Day AG and the consumers covered by these GTC are subject to Swiss law, excluding international treaties, in particular, the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Convention). The jurisdiction for any disputes arising directly or indirectly from the contractual relationship between the parties is Zurich, Switzerland. Day AG is entitled to sue the customer alternatively at the general jurisdiction of their residence.
DATA PROTECTION
Day AG observes all data protection provisions and will use data that could identify the customer only within the scope of the privacy policy.
FINAL PROVISIONS
If any provision in the GTC is ineffective, the contract remains effective otherwise. Instead of the ineffective provision, the relevant law applies.