Terms & Conditions

Last updated: 25.06.2023

These General Terms and Conditions of DESEA as the seller and you as the customer apply to all orders placed in the DESEA online shop (www.desea-oil.com) as well as to those purchases for which DESEA declares these General Terms and Conditions to be applicable.

Scope of application
The GTC apply to all services provided by DESEA in the online shop (www.desea-oil.com) and become valid when a contract is concluded. The deliveries, services and offers of DESEA are exclusively based on these GTC, even if they are not expressly agreed again. By sending an order to DESEA you confirm that you have read these GTC and expressly agree to them.

Formation of a contract
All information on goods and prices within the order process is subject to change and non-binding. Orders are binding for customers. Accordingly, orders can neither be changed nor cancelled. For orders, customers receive a non-binding confirmation from the seller. DESEA can revoke its offer without further ado before the notification of dispatch, which brings the contract with the seller into effect. By placing your order, you confirm that you are aware of the scope and content of your order. Questions in this connection can therefore be clarified with us in advance.

Delivery
The delivery of the goods is always carried out by post or courier. The delivery time in Switzerland is usually 1 to 5 working days, unless otherwise stated for the respective product. This information is without guarantee. 
If the sender does not give the correct address or gives an address where the post office cannot find the person, then the return costs charged by the post office must be borne by the customer. After the goods have been handed over to the post office, any liability on the part of DESEA shall lapse. DESEA therefore does not bear the transport risk.

If an item in the range is exceptionally not available, we will inform you of this as soon as possible by e-mail. In principle, DESEA reserves the right to make a partial delivery if this appears to be conducive to efficient processing of the overall delivery. Of course, in such cases no further shipping costs will be charged for the subsequent delivery. DESEA also reserves the right to demand an advance payment of 100% for deliveries abroad.

Prices
All prices on www.desea-oil.com are inclusive of value added tax as prescribed by law in Switzerland (currently 7.7%) and inclusive of shipping costs. The effective shipping costs are displayed in the shopping cart before the order is completed. DESEA has the express right to adjust the prices shown online at any time without notice and without further explanation. For the calculation of the prices, the time of the order on the website shall apply.

Terms of payment
The following payment options are available to you:
Purchase on account (POWERPAY)*, Paypal, credit card (via SIX). We also reserve the right to offer prepayment by bank transfer.
In the case of advance payment by bank transfer, the payment period is usually 7 days. If payment is not received within this period, DESEA reserves the right to cancel the order and release the goods for sale again. Any transfer fees are to be paid by you.

*Purchase on account with instalment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can simply pay your online purchase by invoice. 

When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our terms and conditions.

Retention of title; set-off; right of retention
(1) In the case of consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain title to the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.
(2) You shall only have a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

 

Guarantee and warranty
The guarantee for goods corresponds to generally accepted standards and is 24 months, unless a longer or shorter guarantee period is expressly stated on the goods delivered. Defective goods must be reported in writing to the company address within 10 days of delivery or after the occurrence of the damage, otherwise the warranty claim shall lapse entirely. The warranty claim is valid from the date of delivery. It expires in the event of improper use or natural wear and tear. DESEA reserves the right to decide individually in the event of a warranty claim. 

Return guarantee
Every purchaser has the right to return the goods received to DESEA within 20 days. For returns, the items must be returned in a hygienically perfect condition, otherwise the right of return is forfeited. For returns, the buyer will be charged the shipping costs incurred by DESEA or deducted from the refund amount. The return costs must be borne by the purchaser. By accepting the terms and conditions you also automatically accept our return policy.

Handling
DESEA accepts no liability whatsoever for any misconduct on the part of the customer in handling the delivered items.

Data protection
DESEA undertakes to process your customer data carefully and to observe the provisions of the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be accepted for the security of data transmitted via the Internet.

Marketing
DESEA reserves the right to re-use the e-mail address and telephone number provided when ordering for its own marketing purposes (newsletter & other). You can opt out of this by sending a personal e-mail to contact(at)deseaoil.com.

Reviews of products
DESEA may send automated emails to customers after they have made a purchase, asking them to rate the products they have purchased. DESEA reserves the right to use these and any other reviews (without an email request) for marketing purposes.

Vouchers
Personal vouchers created for a specific person or for a specific group may not be shared and may only be redeemed by persons authorised by DESEA. DESEA reserves the right to cancel any unauthorised orders without comment. Only one discount code may be used per order.

General liability
It is hereby expressly pointed out that no liability claims for direct and indirect as well as direct and indirect damage, including consequential damage, can be asserted against DESEA by the customer, insofar as there is no intent or gross negligence on the part of DESEA for the damage incurred. 

Amendment of GTC
DESEA expressly reserves the right to unilaterally amend these GTC at any time without prior notice.

Applicable law/place of jurisdiction
In any case, the relations between you and DESEA are subject to Swiss law according to the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The place of jurisdiction is Switzerland. The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.

Severability clause 
Should individual provisions of this agreement prove to be invalid, this shall not affect the remaining provisions of this agreement. In this case, the invalid provision shall be replaced by a new provision which corresponds to the intended purpose or, if this is not possible, comes as close as possible to it.