General Terms and Conditions
In cases of doubt or if there are any uncertainties, the currently valid German version of these General Terms and Conditions will always apply.
1 Subject Matter of the Contract and Scope
1.1 General Provisions
1.1.1 On the website www.deindeal.ch (hereinafter “Deindeal.ch”) and on the associated mobile applications which are operated by DeinDeal AG (hereinafter “DeinDeal”), the following deals (hereinafter “Deal”) are offered to the customer (hereinafter “Customer”) for sale on preferential terms each time for a limited period as part of sales campaigns:
1.1.2 DeinDeal’s services here are limited to the operation of Deindeal.ch, the publication and promotion of the Deals, the technical processing of the contract conclusion, the forwarding of corresponding attestations (Vouchers or order confirmations) the forwarding of Products as well as the money collection of the corresponding purchase prices. With reference to the purchase of the Vouchers DeinDeal however only acts as agent for the companies that offer the Vouchers through Deindeal.ch (hereinafter “Partners”). When purchasing Vouchers a sales contract is always concluded directly between the Customer and the Partners. DeinDeal is not the Customer’s direct contractual Partner in this regard.
1.1.3 These general terms and conditions (hereinafter “Terms”) apply exclusively to the use of Deindeal.ch, DeinDeal’s services (as operator of this website) and all related legal relationships.
1.1.4 Deindeal.ch is operated by:
DeinDeal AG
Flurstrasse 55
8048 Zurich
E-Mail: support@deindeal.ch
1.1.5 The Terms are accepted either by selecting the corresponding checkbox in the order process, or by you actually using the service. The Terms may be accessed at Deindeal.ch under Terms & Conditions and printed out or saved locally at any time.
1.1.6 The following provisions of Title no. 2 apply exclusively to the purchase of Vouchers (for the purchase of Products, see Title no. 3 below).
2 Provisions for the Purchase of Vouchers
2.1 General Provisions
2.1.1 DeinDeal offers the Vouchers on behalf of the respective Partners, sells these Vouchers, takes receipt of Customers’ payments and forwards these to the Partners.
2.1.2 The Voucher entitles the Customer to purchase a DeinDeal Partner’s Products. As a rule, this is only for a certain period on preferential terms as per the detailed description of the Deal. If a period of validity is mentioned on the Voucher, the Voucher may be redeemed with the Partner only within this period of validity. If the Customer does not redeem the Voucher within the period of validity, the Customer will thereby forfeit his/her right to purchase the corresponding Products and the Voucher will lapse without compensation, unless special conditions deviating from the rule are expressly stated in the Deal.
2.1.3 The sale of the Voucher will only be concluded if DeinDeal has been able to successfully book the Customer's payment. If the payment is not successful at first attempt (because e.g. the credit card number is false or the credit card was overdrawn), the sale of the Voucher will not be concluded.
2.1.4 The Voucher is stored in the Deindeal.ch Customer account after successful purchase and is available for download and print out as a PDF. It contains all relevant data that is required for redemption.
2.1.5 All Vouchers are provided with a code number, which the Partner matches with a list at his disposal when the Voucher is redeemed. Vouchers are transferable. The copying, editing or manipulation of Vouchers is not permitted. DeinDeal reserves the right to instigate legal proceedings in the event of a misuse.
2.1.6 Unless provided otherwise in the description of the Deal, a Voucher may only be redeemed once.
2.1.7 The period of the sales campaign is limited in time and is stated individually per Deal by DeinDeal. After the expiry of the time period, no further purchase of Vouchers is possible.
2.1.8 The Partners in question alone are responsible for the proper and flawless provision and performance of the Products to be purchased with the Vouchers and DeinDeal accepts no liability for this. Should problems arise during the redemption of the Voucher or during the provision of Products to be purchased under this, however, DeinDeal will attempt to find a solution. The contact with DeinDeal must be made via contact form or by telephone during the period of validity of the Voucher.
2.2 Possibility of Revocation in General
2.2.1 The Customer has the right to revoke the purchase of the Voucher in writing within a period of 30 (thirty) days (e.g. by letter of e-mail). The time period shall run from the time of the Customer’s purchase. Dispatch of the letter of revocation within the stipulated period is sufficient for adherence to this period of notice. DeinDeal reserves the right to exclude the possibility of return for certain Deals. In this case, the condition shall be mentioned in the concerned Deal.
2.2.2 After redemption of the Voucher with the Partner a revocation is no longer possible.
2.2.3 The letter of revocation must be sent to:
DeinDeal AG
Flurstrasse 55
8048 Zurich
E-mail: support@deindeal.ch
2.2.4 In the event of an effective revocation, the Voucher purchased by the Customer will be invalid and the Customer’s payment will be reimbursed to him/her in the form of a credit voucher on his/her Customer account within 30 (thirty) days from receipt of the Customer’s declaration of revocation.
2.3 Special Conditions for “Travel” Deals
2.3.1 The purchase of a travel service offered by a Partner of the type “travel provider” on Deindeal.ch implies the acceptance of the terms and conditions of said Partner.
The booking, the final payment, the order confirmation as well as the after-sales service are carried out exclusively through the third party Partner and under the conditions expressly stated in the purchased Voucher as well as in the terms and conditions of the Partner. Any revocation or modification costs shall be borne by the Customer.
2.3.2 After successful revocation at DeinDeal as laid down in Title no. 2.2. it is the responsibility of the Customer to process the revocation with the respective Partner in accordance with the terms and conditions of the Partner.
2.3.3 Provisions in the Purchase of Products
2.3.4 The following provisions of this Title no. 3 apply exclusively to the purchase of Products (for the purchase of Vouchers see Title no. 2 above).
2.4 Conditions Concerning the “No Stress Guarantee”
2.4.1 DeinDeal reserves the right to offer an additional guarantee, the so-called “No Stress Guarantee”. This guarantee provides for the refund of an unredeemed Voucher in the form of a credit note.
2.4.2 “No Stress Guarantee” conditions
2.5 General Provisions
2.5.1 The Customer acknowledges that the Products on Deindeal.ch can only be offered at preferential terms because several Customers purchase the corresponding Products at the same time and at the same non-negotiable terms as part of a sales campaign and accordingly DeinDeal can obtain and / or arrange for delivery of Products by a product supplier at preferential terms.
3 Product Suppliers
3.1 DeinDeal has decided not to be systematically a member of a sales and distribution network for certain articles. This applies especially for the brands
which are on offer on Deindeal.ch. DeinDeal is therefore in a position to offer the Customer genuine brand articles at preferential terms in a legal manner expressly approved by the Swiss Federal Court.
3.2 Alcoholic Drinks
3.2.1 Alcoholic drinks are not sold to people under 18 years of age. During the order process accordingly the Customer must confirm that he/she is 18 years old or older. If this minimum age is not reached, the Customer’s offer will not be accepted and no contract can be concluded. The Customer is obliged to provide truthful details about his/her identity. DeinDeal reserves the right to request a copy of the Customer’s identity document or other type of personal identification without indicating grounds in order to determine his/her age.
3.3 Delivery Methods
3.3.1 Deliveries are made only within Switzerland to the address that is indicated during the registration or the order (hereinafter “Address”).
3.3.2 If the address is defective or incomplete or if the Products cannot be delivered during the usual business times DeinDeal accepts no responsibility for the delivery of the Product. DeinDeal reserves the right to withdraw from the contract should the delivery be unsuccessful twice. Payments already made by the Customer are in this case reimbursed minus the shipping costs caused.
3.3.3 Shipping costs are borne by the Customer. The total amount of the shipping costs incl. VAT is indicated on the website during the order process and may vary depending on the offer or type of Product.
3.3.4 Details of the availability and the periods of delivery will be indicated in the course of the sale.
3.3.5 DeinDeal assumes no liability in the case of a theft, loss or any damage of a package after shipment in proper form. The risks associated with the shipment are transferred to the Customer as soon as the package is handed over to the carrier.
3.3.6 Piece goods are delivered free curb. A delivery to the Customer’s floor and installation may be possible depending on the shipping company but are not included in the purchase price if not mentioned otherwise.
3.3.7 In cases of force majeure the delivery period shall be prolonged accordingly. Force majeure is considered in particular to be strike, lockout, governmental interventions, energy and raw material shortages, transport bottlenecks, operational disturbances e.g. through fire, water, machine damage and lightning strike and all other disturbances, such as e.g. later delivery by product suppliers, which DeinDeal could not foresee and was not responsible for.
3.3.8 DeinDeal will inform the Customer by e-mail in the event of a delay. However, this shall not lead to any entitlement to a reimbursement of costs or compensation in any case.
3.4 Retention of Title
3.4.1 Title to the Products will be transferred to the Customer only upon the complete payment of the purchase price. DeinDeal is entitled to arrange for the entry of a corresponding retention in the competent retention of title register. By confirming these Terms the Customer gives his/her consent in all essential points to the entry of such retention of title. In addition, the Customer is obliged to confirm once again his/her consent in all essential points to DeinDeal at first request to the entry of the retention of title (Art. 4 (4) of the Swiss Federal Court Regulation on the Entry of the Retention of Title [Verordnung des Bundesgerichts über die Eintragung der Eigentumsvorbehalte]). Until the complete payment of the respective purchase price the Customer is not authorized to resell a Product.
3.5 Right of Revocation
3.5.1 Subject to items no. 39 and 40 of these Terms, the Customer has the right to revoke an order at any time before receipt of the delivery without stating grounds using the contact form or to return it to DeinDeal up to 30 (thirty) days after receipt . The goods must be returned to DeinDeal undamaged and complete, in the original undamaged, complete and reusable packaging (including label) together with the delivery note within 30 (thirty) days of receipt.
3.5.2 For this purpose, the Customer should use the return label included with the package. In this way the Customer makes sure the return consignment will be returned to the correct address and processed quickly and without errors. DeinDeal reserves the right to deduct CHF 10.- from the total amount of the return if the returned goods were sent back with a "pre-stamped" return label that does not match the original order.
3.5.3 If orders from DeinDeal are returned, the reshipping charges will be borne by the Customer unless otherwise specified in the product sheet. This also applies if the Customer cancels an order that he has not yet received but that has already left DeinDeal’s warehouse and whose delivery cannot be stopped.
3.5.4 The Customer can return his/her package either by post or at reduced cost via Päckli Punkt collection point (participating collection points are listed on www.paeckli-punkt.ch).
3.5.5 If the Customer returns an item due to an error on DeinDeal's part, the amount paid is refunded to the Customer's original mode of payment. Shipping fees for returns will be refunded by Voucher unless otherwise specified on the product sheet. For all other types of returns and unless otherwise specified in the product sheet, the refund will be in the form of a Voucher.
3.5.6 The return consignment is however excluded for
3.5.7 The return consignment is especially excluded for the following Products:
Should the above-mentioned Products be defective, incomplete or in a poor condition, they can nevertheless be returned. In this case, DeinDeal will attempt to find a replacement article. Should this not be possible, a reimbursement of the purchase price will be made.
3.5.8 DeinDeal reserves the right to reduce the amount of the reimbursement proportionately in the event of deterioration of the Product and for benefits drawn if the use or the deterioration is attributable to a handling of the Product that goes beyond the checking of the properties and functioning. “Checking of the properties and functioning” is understood to be the testing and trying out of the Product, such as is possible and customary in a retail store.
3.6 Default
3.6.1 If the delivery is not made within 30 (thirty) days after the expiry of the delivery period indicated in the detailed description, the Customer will have the right to withdraw from the contract. Payments already made will be reimbursed in this case. Any further obligation of DeinDeal to pay damages is excluded.
3.7 Faulty and Defective Goods
3.7.1 The Customer shall check the delivery as soon as possible.
3.7.2 If the delivered Product does not correspond to the ordered Product, the delivered Product is faulty (e.g. defective, whereby the defect is not the fault of the Customer) or the delivery is incomplete, DeinDeal must be notified by the Customer within 2 (two) working days through the contact form or by telephone. At the same time the Customer must state whether he/she would like to withdraw from the contract or wishes to receive a subsequent delivery.
3.7.3 The Customer then has to send back the delivered Product in its original packaging within 30 (thirty) working days. The Customer will receive corresponding instructions and assistance from DeinDeal’s customer care department.
3.7.4 DeinDeal assumes no procurement risk. DeinDeal is only obliged to deliver from the existing product stocks and the quantity ordered from and delivered by the product suppliers of DeinDeal. In particular, the Customer acknowledges that DeinDeal does not manufacture the Products by itself, that DeinDeal does not have the corresponding capacities to repair defective Products and that it is in any case impossible or possible only at disproportionate cost implications for DeinDeal to procure replacement products at all or within a reasonable period from product suppliers.
3.7.5 If the Customer withdraws from the contract, he/she will be reimbursed with the full purchase price.
3.7.6 If a subsequent delivery of a Product is not possible for reasons outside of the responsibility of DeinDeal, DeinDeal assumes no liability and is not obliged to pay damages based on this.
3.8 Manufacturer’s Warranty
3.8.1 All product-specific details are based on information from DeinDeal’s product suppliers. DeinDeal uses these details for information purposes purely and can therefore not be held responsible for their content. This likewise applies to the photos of the articles, which are shown in agreement with DeinDeal’s Partners.
3.8.2 The Customer acknowledges that DeinDeal does not produce the Products by herself and does not assume any manufacturer’s warranty. Such manufacturer’s warranties exist at best if these are stipulated in the detailed description of the Product concerned or where applicable on packaging inserts or warranty notices, which are delivered with the Product. Claims based on such manufacturer’s warranties in this regard may only be directed at the respective product supplier or guarantor (and not at DeinDeal). DeinDeal hereby assigns any own claims under such manufacturer’s warranties with reference to the Product concerned to the Customer and grants the Customer, if such an assignment is not possible, a corresponding authorization to exercise rights.
3.9 Prices
3.9.1 All sales prices are indicated in Swiss francs and include already any VAT. The shipping fees and possible fees related to the payment are calculated separately and listed in the order summary. The total cost of the order may depend on the type of shipping and the payment method. DeinDeal reserves the right to modify the price of the proposed Products at any time. The price indicated in the online shop at the time of the order is determining for the conclusion of the contract. In the event that a discount is mentioned for a given Product, it is calculated on the difference between the selling price indicated in the shop and the average market price in the retail sector. DeinDeal bases its price calculation on the active Swiss market, special offers excluded.
3.10 Payment Methods
3.10 Before completion of the order process the Customer has the possibility to select the payment method. The following possibilities are available:
4 Credits
4.1 Any credit in the form of Voucher or credit note on the Customer’s Deindeal.ch account can be used for purchases on MyStore.ch. Please note that those need to be redeemed before the end of the order process.
4.2 Credits cannot be paid out in cash or yield interest.
4.3 Any credits, Vouchers or credit notes shall expire not later than two (2) years after the respective issue date if not mentioned otherwise.
5 Limitation of Liability
5.1 It is expressly agreed that the Customer’s legal remedies in the event of poor or non-fulfilment is limited to the right of revocation as laid down in Title no. 3.6 of these Terms as well as to the claims as laid down in Title no. 3.8 of these Terms and any further liability, obligation to pay damages or other assertion of a claim against DeinDeal is excluded if such an exclusion is permitted by law.
5.2 In other respects DeinDeal is liable only for damage caused to the Customer that was brought about intentionally or with gross negligence by employees of DeinDeal. For damage due to slight negligence no liability is assumed. If permitted by law, the liability for damage caused by vicarious agents is excluded.
6 Changes in Services and Technical Errors
6.1 DeinDeal reserves the right to amend, restrict or suspend the scope and the functionalities of Deindeal.ch at any time.
6.2 Although DeinDeal makes every effort to ensure maximum availability, it cannot be excluded that Deindeal.ch will temporarily not be available through preventive maintenance work. Occasionally this can also result in a loss of data. DeinDeal is not liable for any disruptions in the availability of Deindeal.ch or any data losses.
6.3 In cases in which prices on Deindeal.ch are shown incorrectly due to technical errors, both the Customer as well as DeinDeal are entitled to declare a contract regarding the purchase of Vouchers or Products to be non-binding. The burden of proof regarding the technical error in this regard will be borne by DeinDeal. Payments already made will be reimbursed to the Customer without undue delay.
6.4 The Partners and product suppliers concerned alone are responsible for the proper and flawless provision and performance of the Products to be purchased with the Vouchers and DeinDeal does not assume any liability whatsoever in this regard.
7 Intellectual Property
7.1 DeinDeal and her Partners and product suppliers retain all copyrights and other rights to Deindeal.ch and DeinDeal.ch as well as the contents, information, images, videos and database published through Deindeal.ch and DeinDeal.ch (“copyrighted property”). Any alteration, copying, publication, disclosure to a third party and/or other exploitation of the copyrighted property without prior written consent of DeinDeal is expressly prohibited.
8 Particular conditions relating to the offers "Vintage - Second Hand Sale".
8.1DeinDeal connects, on offers visible on its sites, non-professional sellers (individuals) and professionals wishing to sell second hand items, new and used, with customers. DeinDeal acts as an intermediary (trusted third party) between the customer and the sellers for all these offers related to the sale of second-hand goods.
When a customer buys an item on the sites managed by DeinDeal, the amount is debited and then paid by DeinDeal to the seller after deduction of the sales commission.
DeinDeal acts as an intermediary (trusted third party) and cannot be held responsible for any disputes declared outside the four (4) working days period from the date of receipt of the parcel by the customer (as evidenced by the tracking of the Post Office). In this case, DeinDeal will do its best to help the parties to find an agreement.
8.2 As soon as the customer places an order on the site, he accepts, via the present GTC, that his name, first name and delivery address be revealed to the suppliers or second hand sellers. If it is in the interest of the successful conclusion of the sale, DeinDeal reserves the right to provide its suppliers with further information if this is absolutely necessary.
Conversely, by offering Items for sale on the DeinDeal websites, the seller agrees that his name, first name and postal address may be disclosed to the buyer if necessary (e.g. in case of return). If it is in the interest of the successful conclusion of a dispute resolution or purchase-related case, DeinDeal reserves the right to disclose further information if this is absolutely necessary. The customer undertakes to keep this information confidential and not to disclose it.
8.3 In the event of a cancellation, the customer undertakes to return the item either to the logistics center of DeinDeal, which will forward it to the seller at its own expense, or to the seller directly. DeinDeal AG reserves the right to charge shipping costs for the return or any other costs incurred.
8.4 The customer is advised that the percentage of savings indicated on certain second-hand articles, being calculated from the store price, is only for information purposes and is not contractual.
8.5 The customer commits himself not to use on the sites, in particular by the means of the comments if the functionality is activated, of the remarks contrary to the good morals, injurious, defamatory or being able to attack the reputation of all other physical or moral people. In case of non-compliance with this obligation, DeinDeal reserves the right to suspend or close the account without prior notice.
8.6 The present article is intended to inform the customer in general about the Vintage - Seconde Main offers. For specific information, the General Terms and Conditions of Sale of DeinDeal Vintage (GCVDV) are available.
9 Conditions Concerning Best Price Guarantee
9.1 DeinDeal guarantees the best prices on all orders made on Deindeal.ch if the lowest price is guaranteed in the product sheet. DeinDeal reserves the right to modify or cancel, at any time and without prior notice, the best price guarantee and its related benefits. However, If the Customer were to find an identical offer at a lower rate on a different website within 24 hours after the Customer’s purchase on Deindeal.ch, DeinDeal will refund the price difference in accordance with following terms and conditions.
9.2 Conditions for price comparison:
9.3 How to make a request
If the Customer’s purchase fulfills all the criteria outlined above that are applicable to the present case, the Customer may send his/her request by e-mail to support@deindeal.ch[re1] including the order reference and all information on the comparable rate.
DeinDeal reserves the right to determine whether a price comparison is justified and whether any of the above conditions are unmet and will inform the Customer of these reasons if necessary. The best price guarantee is not valid where prohibited by law.
10 Prohibition of Commercial Usage
10.1 Any commercial use of the goods which, in particular the resale to a third party, is strictly prohibited.
10.2 A person who operates such a commercial use is excluded from the online sales offered on Deindeal.ch and held accountable for any damage incurred by DeinDeal.
11 Data Protection
11.1 The Customer will be notified and informed in detail about the nature, scope and purpose of the collection, processing and use of the personal data required for executing orders by DeinDeal in the data protection provisions. The data protection provisions are an integral part of these Terms and can be found on Deindeal.ch. By accepting these Terms the Customer consents also to the data protection provisions.
12 Amendment of the Present Terms
12.1 DeinDeal may amend these Terms at any time for example in order to implement legal requirements or take into account changed functions. The Customer can find the currently applicable provisions on Deindeal.ch. Should the Customer not agree to the amended Terms, he/she can unfortunately no longer use DeinDeal’s service.
13 Miscellaneous Provisions
13.1 Severability clause: Should one provision of these Terms be or become invalid or null and void, this shall not affect the validity of the other provisions. In the case of the invalidity or nullity and voidness of a provision it must be replaced by a valid provision that approximates most closely to the economic purpose of the invalid provision.
13.2 Applicable law: Swiss law shall apply to the exclusion of the provisions of private international law and UN Sale of Goods law (CISG).
13.3 Legal venue: The court of Zurich shall have exclusive jurisdiction for all disputes from or in connection with these Terms, the legal relationships falling under these and the contracts concluded through Deindeal.ch with a Partner. DeinDeal and its Partners with which the Customer concludes a contract are however also authorized to assert their rights at the Customer’s domicile or before any other competent authority.
13.4 For the improvement of its services and the Customer experience or any other reason, DeinDeal can send evaluation inquiries with regards to the proposed services or Partners to its Customers. DeinDeal solely decides on the goal of these evaluations, their frequency and their disclosure on its internet platforms or any other media.
14. Child labor and minerals and metals from conflict-affected and high-risk areas
DeinDeal's efforts and DeinDeal's requirements for its suppliers in the areas of child labor and minerals and metals from conflict-affected and high-risk areas are described in the supply chain policy on child labour and minerals and metals from conflict-affected and high-risk areas (link) and in the supplier code of conduct (link). These documents also contain the contact details for reporting concerns or possible violations relating to child labor and minerals and metals from conflict-affected and high-risk areas.
Zurich, 01.02.2024