Terms & Conditions
GENERAL TERMS AND CONDITIONS
This website is operated by MOKSHAMAN®, a registerd Trademark of Visual Dope Inc. Switzerland. Throughout the site, the terms “we”, “us” and “our” refer to MOKSHAMAN®. MOKSHAMAN® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1. VALID RANGE
These General Terms and Conditions (hereinafter „GTC“) apply to the entire business area of MOKSHAMAN (hereinafter „Company“).
The company sells consumer goods, in particular accessories.
2. CONCLUSION OF CONTRACT
The conclusion of the contract comes about through the acceptance of the company‘s offer regarding the purchase of products by the customer. The contract is concluded in any case if the customer orders the products offered by the company via the online shop of the company or buys them directly.
Subject to other offers, all prices are quoted in US Dollars (USD). All prices are inclusive of any applicable Swiss value added tax (VAT) and packaging and shipping costs, but exclusive of any other applicable taxes and customs duties.
The company reserves the right to change prices at any time. The prices valid in US Dollars (USD) on the website of the company and according to the price list of the company at the time of conclusion of the contract shall apply.
The company offers the customer the following payment options: credit card, prepayment.
Offsetting the invoiced amount against any claim the customer may have against the company is not permitted.
The company has the right to refuse delivery or provision of services in the event of default in payment.
5. DUTIES OF THE COMPANY
5.1. DELIVERY / DELIVERY DATES
Delivery takes place within 10-30 (ten to thirty) working days of receipt of order. Depending on your location, as well as the amount and mix of products, it might take 30-45 (thirty to fortyfive) days. Please contact firstname.lastname@example.org after a period of 45 days, if you did not receive your order so far. Depending on the product and the fullfillment service, there might be no delivery tracking number for the order. There is no claim for reimbursement of costs for a delayed delivery.
5.2. AUXILIARY PERSONS
The parties have the express right to call in auxiliary persons to carry out their contractual obligations. They must ensure that the auxiliary person is called in in compliance with all mandatory statutory provisions and any collective employment agreements.
An exchange of products is generally excluded.
The company guarantees that the product is free of defects in material and manufacture. The company must be notified immediately - within 48 hours - of any defects. It is up to the company to decide whether the defective product is to be repaired or replaced.
The company provides the printfiles as required from the fullfillment service (dimension, resolutions and colourprofiles). The print quality in regards to picture resolution, exact positioning or colours can not be contested.
The Company will review replacement requests only if (a) there is a missing or broken Product, or a print error if the Company is at fault and (b) the Company receives a complaint within 48 hours from the day the Product was delivered or within 45 days after the estimated delivery date, if the Product is missing.
Replacement of Products and credits to the Member‘s account for Products claimed as damaged or not received are subject to the company‘s investigation and discretion. Liability for any indirect damage and consequential damage caused by a defect is excluded in its entirety. Liability for direct damages is limited to the retail price of the product. This limitation of liability does not apply to direct damages caused by gross negligence or intention. The customer is obliged to report any damage to the company immediately, within 48 hours and well documented with pictures via email. Any liability for auxiliary persons is completely excluded.
9. INTELLECTUAL PROPERTY RIGHTS
The company is entitled to all rights to the products, services and any trademarks or is entitled to their use by the owner.
Neither these general terms and conditions nor any associated individual agreements have the transfer of any intellectual property rights as their content, unless this is explicitly mentioned.
In addition, any further use, publication and making accessible of information, images, texts or other material received by the customer in connection with these provisions is prohibited, unless explicitly approved by the company.
If the customer uses contents, texts or pictorial material in connection with the enterprise to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
10. DATA PROTECTION
The company may process and use the data recorded within the framework of the conclusion of the contract to fulfil the obligations arising from the contract. The company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer declares his complete agreement with the storage and contractual use of his data by the company and is aware that the company is obliged by order of courts or authorities and is entitled to disclose information from the customer to these or third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data necessary for the fulfilment of the service can also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection regulations apply.
These GTC can be changed by the company at any time.
The new version will come into force 30 (thirty) days after the company has posted it on its website (www.mokshaman.com).
For customers, the version of the GTC which is in force at the time of the conclusion of the contract shall apply in principle. Unless the customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC take precedence over these GTC.
13. SEVERABILITY CLAUSE
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.
Both parties, as well as their assistants, undertake to treat confidentially all information submitted or appropriated in connection with the services. This obligation shall remain in effect even after termination of the contract.
15. HIGHER VIOLENCE (VIS MAJOR)
If the timely performance by the Company, its suppliers or third parties involved becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, unrest, civil wars, revolutions and riots, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from its obligations during the period of force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 60 (sixty) days, the company can withdraw from the contract. The company shall reimburse the customer in full for any remuneration already paid.
Any further claims, in particular claims for damages due to vis major are excluded.
15. AGENTS AND SALES PARTNERS
The customer acknowledges that any sales partners or agents work independently and thus independently of the company and that any potential claims must be asserted directly against them. The company is in no way liable for breaches of contract by any agents and sales partners.
16. APPLICABLE LAW / PLACE OF JURISDICTION
These GTC are subject to Swiss law. As far as no compelling legal regulations take precedence, the court at the seat of the company is responsible. The company is free to bring an action at the defendant‘s domicile. The United Nations Convention on Contracts for the International Sale of Goods (UNSCR 0.221.211.1) is explicitly excluded.
17. COPYRIGHT NOTICE
These GTC are copyrighted intellectual property. Mokshaman has the sole right of use. Use by third parties, even in extracts, for commercial purposes is not permitted. Violation will be prosecuted.
Any questions should be sent to us at email@example.com