Conditions d'utilisation

Preamble

Only the French original of these General Terms and Conditions of DPRS AG is legally binding. The English translation is provided for information purposes only and has no legal force.

By accepting these General Terms and Conditions, you automatically accept the French original. The French version is on our website.

Subject

The present general terms and conditions (hereafter "GTC") govern the contractual relationship between the company DPRS AG and its Customers. By ordering from DPRS AG through the Teqoya.ch website or through their website or brochure or by placing an order during business visits or appointments or in any other way, Customers accept the GTC.

These GTC are considered as accepted by the Customer and binding on the Customer as soon as the Customer wishes to conclude a contract with DPRS AG.

The services of DPRS AG are governed by the following GTC and by the contract concluded with the Customer.

In the event of any conflict between the GTC and the contract, the contract shall prevail over the GTC.

DPRS AG reserves the right to modify or supplement its GTC at any time.

Definitions

"Goods" means all appliances, machines and other objects sold by DPRS AG.

"Product" refers to all products that are consumed in a unique way or over time, according to a usual use.

"Customer" means all persons, legal or natural, professional or consumer, who wish to purchase Goods or Products from DPRS AG.

Conclusion of the contract

The Customer wishing to conclude a contract with DPRS AG must draw up a list of the Goods and Products that he would like to purchase initially from DPRS AG. At this moment, the contract is not yet considered as concluded. DPRS AG submits a request for confirmation or an order confirmation.

The form can differ according to the means of communication established between the Customer and DPRS AG. This document will summarize the Customer's request. The contract will only be considered as concluded between DPRS AG and the Customer once the latter has confirmed his purchase or has paid a deposit or the total amount.

The GTC will have been deemed to be known and accepted without reserve.

All the declarations made by DPRS AG on the quality of the Goods or the Products it sells are not elements of description of the thing.

Price lists, current prices and catalogs do not constitute offers. The display of goods with price indication does not constitute an offer.

Any changes or ancillary provisions must in all cases be made in writing. Electronic communications shall only be deemed to be in writing if the parties have agreed as such.

In order to conclude an order for private use, the user must declare that he is of legal age, i.e. 18 years of age, and have the legal capacity or, failing that, parental authorization to contract it.

Services & Products

DPRS AG sells Goods and Products in the fields of cleanliness, hygiene, beauty and wellness to Customers in Switzerland.

Prices

The price indicated to the Customer in the brochures and on the website is in CHF, including VAT.

The price indicated to Customers in the brochures and on the website does not imply installation or delivery of the Goods or Products.

An installation may be provided for, but the terms and conditions of the installation will be provided by DPRS AG.

Method of payment When DPRS AG submits the order confirmation, it gives the Customer all the necessary indications to allow the payment of the price.

For private individuals, a deposit is generally not required. However, DPRS AG can provide for one in the contract with the private individual, when it deems it appropriate. Should this be the case, the point concerning the advance payment for companies applies for the terms and conditions.

For companies, a deposit is usually required. This is quantified in the order confirmation. The full amount must be paid either at the time of receipt of the Goods or Products by the Customer, or 30 days after that time, or at another time defined in the contract. Where no down payment is required, the Customer has 10 days from the conclusion of the contract to pay the agreed amount. If he exceeds this period, DPRS AG will terminate the contract and can demand payment of the costs incurred as a result of the conclusion of the contract.

When a deposit is requested, the Customer has 10 days from the conclusion of the contract to pay the agreed amount. If he exceeds this period, DPRS AG will terminate the contract and may request payment of the costs incurred as a result of the conclusion of the contract. If payment of the total amount is not made on time, but an advance payment has already been made, DPRS AG can charge the costs incurred to the total amount. In the event of a change in the term of payment, this must be agreed in writing. Provision of the Goods or Products DPRS AG shall make the Goods or Products purchased available to the Customer as agreed between the parties (delivery, mailing, ...) once the price has been paid or the deposit has been paid.

When it is DPRS AG's responsibility to deliver the Goods or the Products purchased, the delivery times are given as an indication only and do not in any case constitute a firm commitment on the part of DPRS AG. However, DPRS AG will do its utmost to respect the deadlines communicated to its Customers.

In case of unavailability of the Goods, through no fault of DPRS AG or the manufacturer, the Customer cannot claim compensation for delay. DPRS AG shall inform the Customer of such a situation as soon as possible.

The Goods shall be made available by post.

In the event of an installation request, DPRS AG shall deliver the Goods in accordance with the provisions of the installation request. The parties may provide, in writing in the contract, another solution for the provision. The transfer of risks takes place at the time of installation of the Goods or Products, if this has been agreed between the parties. Otherwise, the transfer of risk takes place upon delivery of the Goods or Products to the carrier. If the Customer picks up the Goods directly, the risk shall pass to the Customer as soon as the Customer is in possession of the Goods. Deliveries will be made on Swiss and European territory.

DPRS AG reserves the right to limit the purchase quantities of certain Products and not to make delivery in case of exceptionally heavy or voluminous orders. If a Product is not available at the time of shipment, it will not be invoiced or sent at a later date.

Return and exchange policy in case of preparation error or defective work If a mention of refund or offer is made on one of the Products or Goods delivered, such as "satisfied or refunded" for example, this does not apply to DPRS AG. This is because this mention is made by the manufacturer.

If the supplier or the manufacturer goes bankrupt and it is no longer possible to obtain parts or Products that are essential to the Goods or the Products, DPRS AG cannot be held responsible for this situation and the Customer cannot claim any claim from DPRS AG.

Warranty and liability

DPRS AG undertakes to fulfill the obligations defined in the order.

A 5-year warranty is provided for any defects in the following goods: Teqoya ROAD (sku: NOMAD).

A 10-year warranty is provided for any defects in the following goods: Teqoya HOME (sku: T450), Teqoya DESK (sku: T200).

A 2-year warranty is provided for any defects in the following goods: LaserEGG Air monitory.

The warranty period begins upon receipt of the goods.

However, this guarantee does not apply in the event of improper handling of the goods or handling contrary to its original purpose. The warranty claim must be made within eight days by registered letter from the date the defect is discovered. The warranty claim must be made immediately upon receipt of the delivered Goods or upon the occurrence of the defect if the defect occurs subsequently. In addition, a sufficiently relevant proof of the defect must be accompanied.

In the event of a proven defect due to a defect in the Goods, DPRS AG will replace or reimburse, according to its own choice, only the defective Products or Goods on the basis of the price invoiced to the Customer, once the Customer has returned the Goods.

The Merchandise must be returned entirely in its original packaging, i.e. it must also be accompanied by all its accessories, to DPRS AG's head office. The transport costs shall be borne by the Customer. In case of replacement of the Goods or Products by DPRS AG, no new warranty period shall be granted to the Customer.

If the manufacturer's warranties (mentioned in particular on various media such as the website, the packaging or the instruction leaflet) differ from those of DPRS AG, they are exclusively binding on the Customer and the manufacturers to the exclusion of DPRS AG. Thus, for the latter, any liability concerning these guarantees is excluded.

DPRS AG is not bound to the qualities promised by the manufacturer. In case of failure to meet the promised quality, the Customer shall have to turn directly against the manufacturer. DPRS AG excludes all liability in connection with health-related information available in particular on its website or on the manufacturer's website. It is up to the Customer to determine, with the help of medical advice, which products and services can be used.

In case of bankruptcy of a manufacturer, DPRS AG is only responsible for the promised qualities and has no other obligations. In case of impossibility to replace the part(s), DPRS AG is not responsible in any case.

Force Majeure Clause

DPRS AG is not liable in case of a defect in the Goods or Products sold as a result of a force majeure such as a natural disaster, political event or pandemic situation, for example. DPRS AG is not responsible for any delay due to a force majeure such as a strike or an exceptional breakdown of the Goods or Products. In such a situation, the parties agree to modify the deadline or even to terminate the contract in extreme cases.

Hardship

If an event that was not foreseeable at the time of the conclusion of the contract occurs and makes the conditions of the service of DPRS AG particularly difficult or totally disproportionate, it has the possibility to cancel the contract.

Data confidentiality

Within the framework of the Teqoya.ch websites, all the Customer's personal data is treated confidentially and is not transmitted or made accessible to third parties, nor communicated abroad by DPRS AG. At any time, the Customer has the right to access, modify and oppose the data concerning him/her. Data such as name, address, e-mail address, article, price, quantity, credit card company, credit card number and expiry date as well as all other data provided by the Customer are collected, processed and used in compliance with the provisions of the Data Protection Act for order processing and customer care. The personal data that the Customer communicates to DPRS AG may also be processed on its behalf by service providers and contractual partners who provide analytical solutions (Google Inc.), e-mailing, postal mailing, online assistance and website management. Severability clause If any provision of these Terms and Conditions or any part thereof is found to be invalid, the remainder of the Terms and Conditions shall apply.

For

Applicable law, place of jurisdiction and language dispute In the event of a dispute, the GTC in force at the time of purchase shall apply. Any dispute relating to the sale or installation of Goods or Products shall be subject to the exclusive application of Swiss law. Any dispute arising from or relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Lausanne. Recourse to the Federal Court is reserved. In the event of any discrepancy between the French version of the general conditions and another language version, only the original French version/text is authentic and legally binding.

St-Prex, 20th November 2022