General Terms & Conditions
 1. Scope of application and contracting party
1.1 These General Terms and Conditions of Sale (hereinafter “GTCS”) apply to orders for goods from the product range of the Dream X Online Shop (dream-x.ch) in the respective version valid at the time of the order.
1.2 Dream X or the online shop www.dream-x.ch is a service developed and offered by LALU Solutions by Luca Lafranchi, via Saleggi 11, 6600 Locarno, Switzerland, e-mail: office@dream-x.ch (hereinafter “Dream X”).
1.3 The GTCS form an integral part of the contract concluded between Dream X and the customer. Provisions deviating from the GTCS are legally binding only if expressly and in writing accepted by Dream X. The customer’s conflicting conditions are not recognized.
1.4 The offer of articles in the Dream X Online Shop is exclusively addressed to individuals and companies who have their residence or headquarters in Switzerland and who can provide a delivery address in Switzerland if they choose to have the goods shipped (cf. paragraph 3.2)
2. Order procedure and conclusion of the contract
2.1 The customer can select items from the product range of the Dream X Online Shop and put them in a shopping cart by clicking on the “shopping cart” button.
2.2 By clicking on the “Place Order” button, the customer makes a binding offer to purchase the goods in the shopping cart and declares to agree to the validity of these GTCS and the privacy policy.
2.3 The order confirmation that is then automatically sent by e-mail attests that the customer’s order has been received by Dream X, but does not yet constitute acceptance of the customer’s offer.
2.4 A contract is only formed with the declaration of acceptance by Dream X, which is sent by e-mail (order confirmation) to the customer, or at the latest with the dispatch of the ordered goods or the notification of pickup.
2.5 If the ordered goods are not available, Dream X reserves the right not to accept the customer’s offer, so that no contract is formed. The customer is informed by e-mail. Any payments already made for the ordered items are then reimbursed to the customer.
2.6 If only a part of the ordered goods is available or if the ordered goods exceed the usual quantities for household use, Dream X reserves the right to accept the customer’s offer only with respect to a part of the goods, so that only with respect to this part of the goods is a contract formed. The customer is informed by e-mail. Any payments already made for the other part of the goods are then reimbursed to the customer.
2.7 If, after the conclusion of the contract, it turns out that Dream X is not able to deliver the goods ordered by the customer due to the fault of a supplier, Dream X is entitled to withdraw from the contract. The customer is informed by email. Any payments already made for the relevant items will be fully refunded to the customer (in the case of total withdrawal) or with reference to the items that cannot be shipped (in the case of partial withdrawal). The customer cannot make any further claims.
3. Deliveries
3.1 Dream X is authorized to make partial deliveries. Subsequent deliveries take place immediately after the arrival of the goods. If Dream X specifies delivery or pick-up dates, these are merely non-binding indicative values. If Dream X fails to meet a delivery or pick-up date, the customer is authorized, after the expiration of an extension of at least 14 days specified in writing by the latter, to withdraw from the contract with respect to the not shipped or not ready for pick-up goods. Any payments already made for the respective items are then reimbursed to the customer. The customer cannot assert any further claims.
3.2 If the customer chooses to have the goods shipped, they will be informed by e-mail when the goods have been handed over to the carrier for shipping. The choice of carrier is reserved to Dream X. Delivery is only made in Switzerland and Liechtenstein.
3.3 With the delivery of the goods to the carrier, the risk of loss of the thing passes to the customer. The goods are insured by Dream X against transport damage, if their value exceeds the maximum liability of the carrier. In order to safeguard their rights against the carrier and/or the insurance, the customer must check that the goods are intact and complete upon acceptance of the shipment. In case of transport damages or externally recognizable quantity differences, the customer must present the carrier with a precise and detailed reservation. Transport damages or quantity differences that are not externally recognizable must be reported promptly or at the latest within five days to Dream X (by e-mail office@dream-x.ch). Unconditional acceptance (in the case of transport damages or externally recognizable quantity differences) or the expiration of the five-day period (in the case of transport damages or quantity differences that are not externally recognizable) results in the loss of rights against the carrier and/or the insurance.
3.4 Delivery and placement of the goods must be reasonably possible without the use of auxiliary means such as cranes, flexible controls, special vehicles or the like. It is the customer’s responsibility to inform in advance of any difficulties and/or obstacles in the delivery or placement of the goods and to clarify any additional financial consequences. The goods, whose destination cannot be reached directly by the carrier, will be transported to the nearest location (e.g. valley station of the mountain railway).
3.5 The customer is obliged to accept the shipment. If a shipment is found to be undeliverable and the carrier returns the goods to Dream X without setting a deadline for the uncollected goods, Dream X reserves the right to waive the subsequent performance of the customer’s obligations. Dream X is also authorized to claim damages for breach of contract. The customer’s voluntary right of return (see paragraph 6) does not apply to the rejected goods.
4. Prices and payment
4.1 All prices in the Dream X online shop are in Swiss francs (CHF) and include VAT and any advance recycling fee.
4.2 Shipping costs, as well as any additional costs (e.g. supplements related to the chosen payment system) will be shown separately and charged to the customer in addition.
4.3 Dream X reserves the right, and the customer agrees, to conduct and request solvency and address checks on the customer and to transmit the customer’s data to third parties for this purpose. This will be based on the customer’s data and will take into account information from third parties. The customer only has the payment options provided during the order process.
4.4 The agreed price, as well as the shipping costs, as well as any additional costs (see section 4.2) must be paid immediately. With the first delivery or ineffective delivery of the goods (see section 3.2), with the first pick-up or the expiration of the ten-day pick-up period (see paragraph 3.3), the customer is in default without the need for a reminder. Any expenses and outlays of Dream X or third-party suppliers in connection with the recovery of outstanding amounts, in particular reminder fees, default interest, and expenses for transferring the claim to a collection office, are the responsibility of the customer. The amount of these expenses depends on the separate contract conditions of the respective third-party supplier whose services are used by the customer. After an extension of at least 10 days specified by Dream X, Dream X also reserves the right to completely or partially waive further fulfillment of the customer’s obligations, to fully or partially reclaim any goods already delivered and to claim damages for breach of contract.
5. Retention of title
The goods remain the property of Dream X until full payment of all claims arising from or related to the purchase. The customer authorizes Dream X to make a corresponding entry in the retention of title register, at the customer’s expense.
6. Right to return and refund
6.1 Dream X offers its customers a right to return within 14 days of the first delivery or collection of the goods. The right to return is subject to the condition that the goods have not been used, damaged, show no signs of use and are returned in their original packaging (including all accessories and other product documentation). In the case of a plurality of goods purchased together at a total price, the voluntary right of return only applies to these goods as a whole.
6.2 The following are explicitly excluded from the right to return:
- personal hygiene items such as all body care or oral hygiene products, medical devices, massage devices, pumps, sex toys in general, all devices with a hygiene seal and all hygiene accessories.
- items whose original packaging has been opened or which have been used
- virtual products (like vouchers)
- cases of abuse at the discretion of Dream X
6.2 To assert and enforce the right of return, the customer must first contact Dream X / LALU Solutions di Luca Lafranchi, via ai Saleggi 11, 6600 Locarno, Switzerland, e-mail: office@dream-x.ch
In all cases, the return transport or return shipment is at the risk and expense of the customer.
6.3 The customer must present the original invoice. Dream X has the right to refund the price in the form of Dream X gift cards and reserves the right to waive compensation for any additional additional costs (e.g. initial shipping, transport or assembly).
7. Warranty and liability
7.1 Dream X provides a 2-year warranty to the customer for defects in material or production starting from the first delivery or pickup of the goods. All information (product descriptions, illustrations, videos, mass, weights, technical specifications, supplementary reports and other indications) contained in the Dream X Online Shop is subject to error and does not constitute a guarantee of characteristics. The customer’s obligation to check and object is in accordance with the regulations. Transfer of warranty actions is excluded.
7.2 The customer’s right to warranty is fulfilled, at Dream X’s discretion, through the elimination of defects (repair), subsequent delivery of replacement goods of equal quality and free of defects, price reduction (reduction) or cancellation of the contract (redemption). Defect eliminations (repairs) are carried out by Dream X or by workshops commissioned by Dream X. The customer is not authorized to entrust the repair to third parties. In such a case, there is no right to reimbursement of costs. The customer’s right to warranty expires in the case of technical intervention and defects due to improper treatment, excessive strain, use contrary to its purpose, external influence (moisture damage, contact with liquids, blows, etc.) or non-compliance with the manufacturer’s instructions for use and maintenance.
7.3 In the case of subsequent delivery of replacement goods of the same value and free of defects or repair, the warranty period is not extended and the 2-year warranty period applies from the first delivery or pickup of the goods (see paragraph 7.1).
7.4 To assert and enforce the right to warranty, the customer must contact Dream X and present the original invoice. All transport, e.g. transport to Dream X or transport back to the customer, is at the risk and expense of the customer. Any service charges (home repairs) are at the customer’s expense. In the presence of a defect to be removed not covered by the warranty, what the customer could have recognized, the customer must bear all costs arising from the verification. Before delivering the goods to Dream X, the customer is required to make backups of data stored on computers, hard disks or other storage devices, as they (e.g. in the event of repair) may be lost or damaged. Dream X disclaims any responsibility for loss and damage to data.
7.5 Dream X cannot be held responsible for any damages, material or immaterial, bodily or otherwise, that may result from malfunction or improper use of the sold products. The same applies to any modifications of the products resulting from the manufacturers. In any case, Dream X’s liability will be limited to the amount of the order and it cannot be held responsible for simple errors or omissions that may have occurred despite the precautions taken in presenting the products.
8.Data protection
8.1 Dream X processes the customer’s personal data strictly in accordance with the current provisions of Swiss data protection law.
8.2 Dream X detects, stores, uses and processes the customer’s personal data exclusively in accordance with the data protection provisions currently in force at Dream X.
9. Miscellaneous
9.1 If one or more provisions of these GTCS are ineffective, the effectiveness of the remaining provisions shall remain unaffected.
9.2 Swiss substantive law exclusively applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9.3 In the event of disputes, the exclusive competent court for all legal actions is the seat of Dream X.
Locarno, 8 january 2023
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