Terms & Conditions

These terms & conditions are agreed to on the one hand by the company Cyrion Sàrl (brand iDuck.ch) with CHF 20,000.00 shareholder capital whose head office is at 3961 St-Luc, registered in the Valais commercial register and on the other hand, by any natural or legal person wishing to make a purchase via the website www.iduck.ch

You can contact our customer service department as follows:

Website: www.iduck.ch
Email: please use the contact form

1. Scope of application/timescales

1.1 All transactions and deliveries are carried out exclusively in accordance with these T&Cs, which apply to all contracts concluded with us based on the offers available on the IDuck.ch online shop. Any general conditions contrary to or varying from the provisions set out below are invalid. The T&Cs set out below still apply exclusively even if we deliver goods or services without disclaimer and in full knowledge of the existence of conditions contrary to or varying from these T&Cs.

1.2 The term “consumers” as used in these T&Cs refers to natural persons ordering for purposes which cannot be classed as commercial, business or self-employed activity. Similarly, the term “entrepreneurs” refers to natural or legal persons or companies with legal capacity placing orders as part of their commercial, business or self-employed activities. “Customers” within the meaning of these T&Cs can refer to both consumers and entrepreneurs.

1.3 Where delivery times are indicated in working days, these mean all days of the week with the exception of Saturdays, Sundays and statutory holidays.

2. Registration

2.1 When entering your personal data as required for registration, you accept responsibility for providing complete and truthful information. You are under an obligation to treat your personal access details as confidential and to prevent access by unauthorised third parties. Confirmation of registration follows immediately once the registration details are sent by clicking on the button.

2.2 You are solely responsible for any content you post in the fields designed for this purpose (e.g. in blogs). This content must not breach any rights of third parties. You may not place conditions on the storage or publication of content you post (such as product reviews).

2.3 You agree not to alter any webpages and not to use the data beyond the scope as intended within the platform, respectively. Any manipulation intended to obtain unauthorised payments or other benefit to our detriment or to the detriment of other members may specifically – in addition to any

legal consequences – lead to access being restricted. Membership confers on the member a right to use the online facilities subject to availability as appropriate and to use the content for private and non-commercial purposes.

2.4 Customer accounts are restricted to one per customer at any one time. We reserve the right to delete duplicate registrations and to issue warnings or to dismiss members who breach the provisions specified in points 2.1 to 2.5 of these T&Cs, or to remove or modify the content.

2.5 We are under no obligation to accept registration, nor orders from a registered customer. We are under no obligation to keep our facilities available at all times. This does not affect any orders which we have already confirmed.

2.6 By giving us your mobile phone number when registering, you are giving us permission to send you free advertising text messages. You can request revocation of this clause at any time by contacting our customer service.

3. Ability to save and view the wording of the contract
3.1 You can view these T&Cs at our online shop at

www.iDuck.ch in the T&Cs section.

3.2 We store your order details but these cannot be viewed directly for security reasons. We provide each customer with direct access protected by a password (“Account”). Following registration, you can use your account to view details of past orders, orders in hand or ones which have just been despatched, as well as manage and save your address details, any payment details and any newsletters.

4. Contractual partner
4.1 For any order on our site, your contractual partner is the company Cyrion

Sàrl.

4.2 The provisions of these T&Cs apply to your contractual relationship with IDuck.ch and in particular to the relationship between you and Cyrion Sàrl.

5. Language and entering into a contract
5.1 In our online shop, contracts can only be concluded in

German or French.

5.2 By clicking on the “Confirm order” button, you are sending a firm order for the goods placed in the shopping cart. Receipt of orders is confirmed immediately after the order is sent, and is sent by email.

5.3 A firm contract is concluded at the moment the order confirmation is sent, and in any case no later than when the goods ordered are delivered. Notwithstanding your right of cancellation as set out below, you are bound by your order

for 2 working days for items showing as in stock. For other cases, this obligation lasts no more than 4 working days.

5.4 Please note that for orders with payment in advance by bank transfer, goods ordered will only be delivered once the full amount has been received in our account. If payment has not been made within 9 days of sending the order confirmation, despite being due, and despite a further payment reminder (automatically sent 5 days after sending the order confirmation), we reserve the right to terminate the contract, which renders your order invalid and releases us from any delivery obligation. The order is then considered cancelled with no further implications for either party.

6. Price and delivery

6.1 Prices shown at the time of ordering apply to orders from our online shop. Prices shown are total prices, meaning VAT is included at the applicable rate as well as any other costs.

6.2 Delivery in Switzerland is free, but delivery charges may apply for deliveries abroad.

7. Payment, delivery

7.1 Generally speaking, we offer the following payment methods: prepayment by bank transfer, credit card, payment against invoice and PayPal. We reserve the right not to offer certain payment methods for certain orders, and to request one of the other payment methods available. A charge of CHF 3.90 applies for payment against invoice.

7.2 For payment by credit card orders, your credit card account is debited once the order is complete.

7.3 Please note that we only accept payments from accounts registered in the European Union (EU) and Switzerland. We do not cover any payment transaction charges.

7.4 For payment against invoice, the selling price expires on the day when the customer takes delivery. If payment has not been made within 15 days of falling due, the client is in default. IDuck reserves the right to use a collection service where an outstanding debt on a customer’s account has not been settled within the time allowed.

7.5 You agree to accept your statements of account exclusively in electronic form (by email). Only the initial invoice issued will be sent by post, with your order.

7.6 We use Swiss Post for our deliveries.

7.7 Goods showing as “in stock” in the online store are delivered immediately upon receipt of order and, where applicable, upon receipt of payment in advance; delivery takes at most 5 working days. Should different delivery times apply, this is shown on the relevant product page.

7.8 We accept no liability relating to the supply, even for sales contracts for items which are one of a kind. We are only required to deliver items which we hold in stock, or which we have received from our suppliers following our order.

7.9 Our delivery obligation ceases if we have not received delivery of the right goods or on time, despite the existence of reasonable and adequate contingency arrangements, and provided we are not responsible for the goods not being available, that we have notified you without delay, and that we have not accepted any liability in relation to the supply. Where goods are not available, we will refund any payments already received, without delay.

7.10 Delivery times are extended accordingly in the event of force majeure preventing delivery. The following constitute force majeure: strike, lock-out, action by the authorities, shortage of raw materials or energy, transport issues for which we are not responsible, operating obstacles for which we are not responsible, for instance due to fire, flood or damage to machinery, and any other obstacle which might reasonably be considered as not being our responsibility or fault. We will notify you without delay when such obstacles arise. If the obstacle resulting from the situations listed above persists for more than 4 weeks beyond the delivery period originally quoted, then you are entitled to withdraw from the contract. No additional claims can be raised, including for damages.

7.11 As far as consumers are concerned, the risk of loss and damage in the goods sold transfers at the point when the goods are handed over to the consumer or to someone acting on their behalf in the case of mail-order sales. This applies regardless of whether the shipment is covered by insurance. In any other cases, the risk of loss and damage in the goods transfers to the buyer at the point when the goods are handed over or, for sales by mail order, when the goods are handed to the freight forwarder or the person or company responsible for arranging delivery.

8. Right to return purchased items

8.1 You may return any items purchased from IDuck.ch within 15 days. Under this arrangement, you may withdraw from the contract by returning the goods to us within 15 days of receipt (starting on the day following receipt of the goods). Despatching before the deadline is sufficient. The conditions for exercising the right of return are, however, that you have only worn the goods for the purpose of trying them on, as would be possible in a physical

shop, and that you return the goods complete and undamaged. Please also return the goods in their original packaging.

8.2 For the return to be processed correctly, you should use the returns form from www.iDuck.ch/rma, print it out and attach it to your return shipment.

8.3 The right of return does not apply when purchasing a gift voucher, or to certain “selected items”, “limited edition” or personalised items.

8.4 If your return is the result of an error on our part, we will refund the carriage costs. In all other cases, return carriage is your responsibility.

Please return goods to:

Cyrion Sàrl, IDuck.ch, Route du Funiculaire 9, 3961 St-Luc

8.5 Refunds are always made to the bank or PayPal account for which we hold the details. Please ensure that you have access to this account, IDuck accepts no liability in this respect.

9. Retention of title

The retain full title in the goods until payment has been made in full.

10. Conditions of use for discount vouchers

10.1 Discount vouchers (discount vouchers, which you cannot acquire through purchase, but which we issue in the course of advertising campaigns and with limited validity) can only be used for the purchase of IDuck items, are valid only during the period of validity stated and can only be used once per order.

10.2 The value of the goods must be at least equal to the amount of the discount voucher. For administrative reasons, it is not possible to refund any balance remaining.

10.3 Discount vouchers can only be used against a single order. It is not possible to apply a discount voucher retrospectively. No cash equivalent can be paid against a voucher, and no interest accrues.

10.4 Discount vouchers may be passed on to third parties. Combining several discount vouchers is not permitted.

10.5 If the value of a discount voucher is not sufficient to cover the value of the order, the difference can be made up using any of the available payment methods. Discount vouchers are not refunded if goods are returned in full or

in part, as it would have been issued in the course of an advertising campaign and no consideration was made in return.

10.6 Where goods are returned, the discount voucher used for the order in question becomes null and void.

11. Conditions of use for gift vouchers
11.1 Gift vouchers (vouchers which can be purchased) can be

used to purchase items from www.iDuck.ch.

11.2 The value of the gift voucher cannot be redeemed for cash and does not accrue interest.

11.3 Gift vouchers may only be used when placing an order. Redeeming the gift card at a later point is not an option.

11.4 Gift voucher orders can only be cancelled by our customer service if the gift voucher has not yet been redeemed. A gift voucher is considered spent when the amount has been deducted from the amount of an order or credited to a customer’s credit balance.

11.5 If the value of a gift voucher is not sufficient to cover the value of the order, the difference can be made up using any of the available payment methods.

11.6 Only one gift voucher can be used against any one order.
11.7 We accept no obligation if the gift voucher is lost, stolen

or illegible.

11.8 Gift vouchers are transferable. Using gift vouchers for commercial purposes is not permitted. Reproducing, editing or altering gift vouchers is also prohibited.

12. Warranty and complaints management
12.1 Statutory warranty provisions apply.

12.2 We attach great importance to customer satisfaction. You get in touch at any time using the contact details shown at the top of these T&Cs. We will do our best to consider your request as quickly as possible and will contact you to do so following receipt of documents, your request or complaint. Please allow some time, however, as the manufacturer’s input is often required in warranty claims. In the event of any complaints, please help us help you by describing the problem or defect as accurately as possible and by sending us copies of the order paperwork or at least the order number, customer number, etc. If you have received no response from us within 5 days, then please contact us again.

12.3 If you have any questions regarding after-sales service, please contact our customer service as follows:

Cyrion Sàrl www.iDuck.ch online shop
IDuck.ch
Route du Funiculaire 9
3961 St-Luc
Email: please use the contact form

13. Applicable law, competent jurisdiction

13.1 Swiss law applies to all legal processes and other legal relationships between the customer and ourselves. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements or treaties do not apply. For contracts concluded for a purpose which cannot be classed as professional or commercial activity by the beneficiary (contracts with consumers), this choice of applicable law is only valid to the extent that the legal protection afforded is not prejudiced by statutory requirements under the law of the country where the consumer is resident.

13.2 In commercial and private business governed by public law, our registered office is where the competent court has jurisdiction over any disputes relating to these T&Cs and any contracts concluded relating to application thereof, including any proceedings for payment of accounts or cheques. In such cases, we are also entitled to bring proceedings in the local jurisdiction where the customer is based. With regard to consumers, the competent jurisdiction is where the consumer is registered as a resident.

14. Amendments to the T&Cs

We are entitled to amend these T&Cs unilaterally where they form an integral part of the contractual relationship with the customer and where such amendment serves to eliminate imbalances appearing at a later stage or to adapt to potentially revised legal or technical situations. In the event of any amendment, we will advise customers of the content of the revised regulations. The amendment becomes an essential part of the contract if the customer does not object in writing to the amendment being incorporated into the contractual relationship within six weeks of receipt of the notice of amendment.

15. Severability clause

In the event that certain individual provisions of the contract, including these regulations, are held to be or become invalid in whole or in part, or if the contract contains an unintended loophole, this would not however restrict in any way the validity

of the remaining provisions or any parts of those provisions. The relevant statutory requirements then replace the invalid or missing provisions.

Cyrion Sàrl

Updated: February, 2020

The T&Cs set out above are intellectual property protected under copyright. Third party use of the offer of goods and/or services, even in part, for commercial purposes is prohibited. Breaches of this condition will give rise to legal consequences.