Welcome to Dunum, here on our website and store at www.dunum.ch. These Terms and Conditions, together with our Privacy Policy and Cookie Policy, tell you about us and the terms ("Terms") on which we sell our instruments and accessories ("Products") to you through our website.
These Terms apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure you understand them before ordering any Products from us. By ordering any of our products, you agree to be bound by these Terms and the provisions contained herein and the other documents expressly referred to herein.
ABOUT US
We are Dunum GmbH, Grabenstrasse 10, 4805 Brittnau, Switzerland ("Dunum", "we", "us" or "our").
We operate the website www.dunum.ch (our "Website").
To contact us, please send an email to shop@dunum.ch, call us on +41 62 751 73 92 or write to us at the above address.
These terms and conditions were last updated on Saturday, August 19, 2023.
OUR PRODUCTS
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors, size and details accurately, we cannot guarantee that your computer's display of the colors and details will accurately reflect the products. Your products may vary slightly from these images.
All products shown on our website are subject to availability. We will notify you by email as soon as possible if the product you have ordered is not available and we will not process your order.
ELIGIBILITY
You may only purchase products from our website if you are at least 18 years old.
We intend to rely on these Terms in relation to the contract between you and us.
We accept responsibility only for our statements and representations on our website and not for those of any third party.
Nothing in these terms affects your statutory rights. These rights include your right to receive products which are as described, of satisfactory quality and reasonably fit for purpose.
HOW THE CONTRACT COMES INTO EFFECT
The Contract is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply in a Contract).
A Contract will only become effective when we have issued a written acknowledgement and acceptance of that Contract (notwithstanding any earlier acknowledgement of receipt).
We may, in our sole discretion, reject any order placed by you.
No variation or modification of the Contract will be permitted after acceptance by us unless accepted by us in writing.
In the event of any conflict between the prices quoted online and our confirmation of the contract, the latter will prevail.
PRODUCT DESCRIPTIONS AND PRICES
We do our best to ensure that the information about our products is accurate and up to date. However, we cannot guarantee that the description and/or pricing of the products are error-free or that the products will always be available when you wish to place an order to purchase them.
We reserve the right to change the information about the products on our website, including prices, description and availability. However, such changes will not affect orders for which you have already received an order confirmation email.
The price of a product does not include delivery charges. Our delivery costs are indicated on our website from time to time. The relevant delivery charges can be found on our checkout page.
IF ORDERS ARE NOT ACCEPTED
Although we do our best to always accept orders, we may refuse an order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information about your identity, age, payment details, billing details or delivery address; we discover that there has been an error on our website in relation to the products you have ordered, for example in relation to the price or description displayed; the products you have ordered are unfortunately out of stock or no longer available; we have reasonable grounds to believe that you intend to resell the products.
If we are unable to accept your order, we will contact you by email as soon as possible, but no later than 30 days after the date of your order.
If we are unable to accept your order because the products are no longer available or because the price and/or other information on our website is incorrect, we will refund any money you have already been charged for those products.
CANCELLATION OF ORDERS
We reserve the right to cancel an order that we have previously accepted at any time before delivery and for any reason whatsoever. We may do this, for example, but without limitation, if:
an event beyond our control, such as storm, fire, flood or computer systems failure, means that we are unable to deliver the products within a reasonable time;
the products ordered were the subject of an error on the website, for example in relation to a description, price or image, which was not discovered before the order was accepted;
you ask us to cancel your order.
You may cancel your order if we have breached a material term of this Agreement; or if we are unable to deliver your order within a reasonable time after the estimated delivery time due to any delay not attributable to:
for which you are wholly or partly responsible, such as failure to provide the correct delivery address or to pay for the products; or
which was beyond our reasonable control.
If we cancel your order after it has been accepted, you will receive an email informing you of the cancellation.
If we or you cancel your order after payment has been processed, we will refund any money paid for the order, usually within 14 days.
Except as required by law or expressly set out in these terms and conditions, we will not be liable to you or any other person for any loss, damage, cost or expense arising directly or indirectly from the cancellation of your order, whether in contract, negligence or other tort, equity, restitution, strict liability, statute or otherwise.
RIGHT TO CANCEL
Under the EU Consumer Rights Directive, you have a cooling-off period of 14 "working days" within which you are entitled to cancel your purchase if, for any reason, you decide that you no longer want the item from the date the contract is made (i.e. the date we send our order confirmation email).
You can return your items within 14 days. Items must be as new and in their original packaging in a resalable condition, complete and as purchased, accompanied by a valid proof of purchase and returned to us within 14 days of purchase. You must repack the goods in the original packaging and return them to us. To arrange a return, please simply contact us. Except for wind instruments or any instruments that are played with the mouth cannot be returned.
AVAILABILITY OF PRODUCTS
You acknowledge and agree that certain products may be out of stock or unavailable from time to time.
We reserve the right to temporarily or permanently discontinue or suspend any product displayed on the Site at any time without notice. Except as otherwise required by law, we shall not be liable to you or any other person for any loss, damage, cost or expense arising directly or indirectly from the unavailability of any product at any time, whether in contract, negligence or other tort, equity, restitution, strict liability, statute or otherwise.
TRANSFER OF RISK AND OWNERSHIP
Risk in the product passes to you on delivery. Full legal, beneficial and equitable title to the Product will remain with us (even if it has been delivered and risk has passed to you) until we notify you in writing that legal and beneficial title to the Product has passed to you or, if earlier:
full payment in cash or cleared funds for the whole of the Product has been received by us; and
all other monies payable by you to us or under the Contract or any other contract or order have been received by us.
Our rights and remedies set forth herein are in addition to, and shall in no way affect, limit or restrict, our other rights and remedies under the Contract or at law or in equity. We shall be entitled to bring an action against you for payment of the price of the Product even if legal, equitable and beneficial title to the Product has not passed to you.
DELIVERY
We will endeavor to complete your order by the estimated delivery date stated in the Dispatch Confirmation, unless there is an Event Outside Our Control.
In any event, we will deliver the products within 30 days of your order.
Delivery is complete when we deliver the products to the address you have provided to us.
If we incur additional delivery or storage costs because no one is available to receive the products at your address, you will be responsible for these costs.
The Products will become your responsibility from the time of delivery.
For the avoidance of doubt, you will own the Products once we have received payment in full, including any applicable delivery charges.
If you order Products from our website for delivery abroad, your order may be subject to import duties and taxes, which will be levied when the delivery reaches its destination. Please note that we have no control over these charges and cannot predict their amount.
You are responsible for paying such import duties and taxes. Please contact your local customs office for more information before placing your order.
You must comply with all applicable laws and regulations of the country for which the products are destined. We are not liable or responsible if you violate any such law.
WORKSHOPS AND EVENTS
Registration. Registrations for our events and workshops must be made in writing using the online order form or, in exceptional cases, by e-mail or telephone. Registration is a binding offer. A contract is only concluded when we accept the offer. The booking will be confirmed in writing. You must be at least 18 years old to take part in our events or workshops.
Description of our events or workshops. A description of our events or workshops and the dates on which the events or workshops start can be found on our website. We will conduct our events or workshops with reasonable care and skill in accordance with the description on the Website. We do not guarantee that you will achieve any particular outcome, professional qualification or other opportunity or skill by purchasing and attending our events or workshops.
Changes: We reserve the right to change or withdraw any event or workshop described on the Website without notice.
Prices. All prices quoted on our website are correct at the time of booking. However, we reserve the right and discretion to change our prices at any time. Please check our website for current prices before you book.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to revise these Terms and Conditions at any time.
Revisions will only be made if necessary to comply with a change in relevant law or governmental regulation or to accommodate a change in business process or procedure.
Each time you order products from us, the terms and conditions applicable to the contract between you and us at that time will apply.
Whenever we revise these Terms, we will notify you and let you know by indicating at the top of this page that these Terms have changed and the relevant date change.
OUR LIABILITY TO YOU
If we fail to comply with these terms, we will be responsible for any loss or damage you suffer that is a foreseeable consequence of our breach of these terms or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach of contract or if it was contemplated by you and us at the time the contract was made.
We supply the products for domestic and private use only. You agree not to use the product for any commercial, business or resale purposes and we shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
breaches of the provisions of the Swiss Consumer Rights Act relating to property and quiet possession;
breaches of the provisions of the Swiss Consumer Rights Act relating to satisfactory quality, fitness for purpose and description; and
defective products under the Swiss Consumer Rights Act.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by an Event Outside Our Control. An "Event Outside Our Control" is an act or event beyond Our reasonable control, including, but not limited to, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or the threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or the failure of public or private telecommunications networks or the inability to use railroads, ships, aircraft, motor vehicles or other means of public or private transportation.
If an Event Outside Our Control occurs which affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably practicable to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
If the Event Outside Our Control affects our delivery of Products to you, we will agree a new delivery date with you after the Event Outside Our Control has passed.
COMMUNICATION BETWEEN US
Where we refer to "in writing" in these Terms, this includes email.
If you wish to contact us in writing, or if a clause in these Terms requires you to notify us in writing, you may do so by email. We will acknowledge receipt of this notice by contacting you in writing, usually by email.
If we need to contact you or notify you in writing, we will do so by email to the address you have provided to us in your order.
Please note that any notice you give us or we give you will be deemed to have been received and properly served as soon as it is posted on our website or 24 (twenty-four) hours after an email is sent.
In the case of a letter, proof that the letter was properly addressed, stamped and posted shall be sufficient proof of delivery of a communication, and in the case of an e-mail, proof that the e-mail was sent to the e-mail address provided by the recipient.
PRIVACY
For the purposes of applicable data protection laws, we will process any personal data that you have provided to us in accordance with our Privacy Policy. You agree that if you have provided us with personal data about a third party:
You have all necessary and appropriate consents and
that such third party has read our Privacy Policy.
You agree to indemnify us in respect of any liabilities, penalties, fines, judgments or costs arising from your failure to comply with these requirements.
CORRECTNESS OF INVOICE AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. If we change or cancel an order, we will attempt to notify you by contacting the e-mail address and/or billing address/phone number provided with the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and order information for all purchases made in our store.
You agree to promptly update your order information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.
USE OF COPYRIGHT
For purposes of this Agreement, references to copyrights or trademarks include all trademarks, images and logos owned by Dunum. Dunum's copyrights, images and logos constitute intellectual property rights owned by Dunum and as such are valued assets of Dunum.
Any licensed use by you of a Dunum copyright must be approved by us and requires proper acknowledgment and strict compliance with our requirements. You may submit requests for a copyright license to us at shop@dunum.ch.
By using a Dunum copyright, you acknowledge that Dunum is the sole owner of the copyright and agree not to interfere with Dunum's rights in the copyright, including challenging our use, registration or application for registration of that copyright.
You agree not to infringe, misappropriate or discredit Dunum's copyright and that the goodwill arising from your use of Dunum's copyright will inure to our exclusive benefit and belong to us.
You may not use Dunum copyrights in meta tags, search boxes, hidden text or in any other form that has the purpose or effect of distracting or confusing consumers without our prior written permission.
Other product names or copyrights, including those appearing on Dunum that do not belong to us, are for identification purposes only and may be the registered or unregistered copyright of their respective owners. We do not grant, by implication, estoppel or otherwise, any license or right in or to such third party names or copyrights or in Dunum's copyrights.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. In any event, we will notify you on this website if this happens.
You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person has the right to enforce any of the Terms.
Each of the paragraphs of these Terms applies separately. If any court or competent authority decides that any of the paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, this will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we waive any default by you, we will only do so in writing, and this does not mean that we automatically waive any subsequent default by you.
No joint venture, partnership, agency or employment relationship has been created by these Terms.
These Terms and any documents expressly referred to in them constitute the entire agreement between us in relation to their subject matter and supersede and extinguish all prior agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to that subject matter. You agree that you shall have no remedy in respect of any statement, representation, covenant or warranty (whether innocently or negligently made) that is not contained in these Terms or in any document expressly referred to in them. You agree that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in them.
Each of the terms in these Terms applies separately. If any court or competent authority decides that any of these Terms is unlawful or unenforceable, the remaining Terms will remain in full force and effect.
These Terms and the relationship between you and us shall be governed by Swiss law and you agree to submit to the exclusive jurisdiction of the Swiss courts.