1. GENERAL

 

1.1 - We only market and sell products to consumers for purposes not related to activities carried out by such individuals for business, entrepreneurial or professional purposes ("Consumer", "you" or "your").

 

1.2 - To order products via the Website, you must be at least eighteen (18) years old, or have your legal guardian's prior consent.

 

1.3 - Pandally reserves the right to reject any order placed by anyone else than Consumers and orders that are inconsistent with Pandally's business policies and these terms.

 

1.4 - You acknowledge and agree that product images and product descriptions provided on the Website are provided for information purposes only, and that such images and product descriptions may not be representative of all the specifications of each product. Moreover, colors and sizes may be different due to the screens, hardware and software (including settings thereof) used by the Consumer.

 

1.5 - Any agreement concluded between Pandally and Consumers shall be deemed binding upon Pandally's acceptance of the Consumer's order (including partial acceptance of such an order). If Pandally does not accept an order, Pandally will notify the Consumer hereof without delay.

 

1.6 - By ordering any products via the Website, you hereby confirm that you fully understand, agree and comply with these Terms and that you have understood all the information given during the purchase procedure.

2. ORDERING OF PRODUCTS

 

2.1 - Pandally sells the products displayed on the Website at the time when each order is submitted by a Consumer.

 

2.2 - Products can be ordered by completing the checkout process. Once the checkout process is completed, we will confirm that an order has been properly received by sending an email message to the address provided by the Consumer ("Order Confirmation"). The Order Confirmation will contain a specification of the products ordered, the main characteristics of the products, detailed information concerning the price, terms of payment, return policy and shipping costs, a PDF-copy of the applicable version of these Terms and a summary document on the Consumer's right of withdrawal.

 

2.3 - If you notice any incorrect data in the Order Confirmation, you must notify us without undue delay.

 

2.4 We will not process incomplete or incorrect orders or orders concerning products that are no longer available. If we do not process an order, we will notify you by email and specify the reasons thereto. If the order has been placed and payment has been made for products that are no longer available, we will refund the amount paid for the ordered products without undue delay.

3. PRICE AND PAYMENT

 

3.1 - All prices stated on the Website are inclusive of VAT and other applicable sales taxes in Switzerland.

 

3.2 - Any additional costs and expenses, such as delivery costs, will be clearly indicated before check-out and your placement of an order.

 

3.3 - Payment of ordered products can be made by using one of the payment methods offered occasionally on the Website.

 

3.4 - Please be advised that the payment methods offered on the Website are provided by third-party payment service providers and that the use of such third-party payment services are subject to such payment service provider's terms of use. Please ensure that you understand and agree to all applicable terms and conditions for use of the selected payment service before using such third-party payment services. 

 

3.5 - The price for the products and any corresponding costs for shipping and delivery (as indicated in the order) will be charged to the chosen payment method when the ordered products are shipped, not when the order is made.

4. DELIVERIES

 

4.1 - Ordered products will be delivered to the address indicated by the Consumer in the order. For more information regarding deliveries, please contact our customer support at info@pandally.com.

 

4.2 - Please be advised that all delivery times on the Website are estimated.

 

4.3 - Upon receipt of products, you shall verify that:

• The number and characteristics of the delivered products correspond to the information indicated in the bill of parcels

• That the packaging is intact, unaltered and neither damaged nor wet.

 

4.4 - If you detect any damage on the packaging or the product, any discrepancy in the number of items or in the indications contained in the delivery note, you must notify us immediately to info@pandally.com in writing, report such damage or discrepancy in the delivery note to be returned to the delivery company.

5. LEGAL RIGHT OF WITHDRAWAL

 

5.1 - Please be advised that you have a legal right to withdraw from any purchase of products (for any reason, without penalty and without having to provide an explanation) within thirty (30) days from the shipping date of the products.

 

5.2 - The right of withdrawal may be exercised by emailing us at info@pandally.com or by submitting your return request through our return portal here.

5.3 - If you exercise your right of withdrawal, you shall send the goods back to us within twenty (20) days from the date upon which you notified us that you wish to exercise your right of withdrawal.

 

5.4 - Returned products shall be returned together with its original packaging (including the packaging materials and the documents, if any, accessories, labels, etc.).

 

5.5 - Please be advised that you will be responsible for paying the delivery costs for returning the products, and bear the risk in connection with the return shipping. For the avoidance of doubt, we do not accept any responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to such products' return shipping.

 

5.6 - If you exercise your right of withdrawal, we will refund the entire amount paid for the returned products, within twenty (20) days from the date of the withdrawal. Please be advised that we may withhold the refund until the products are properly received by us or until you can demonstrate that the products have been properly returned, whichever date is earlier.

 

5.7 - Unless otherwise agreed, refunds will be refunded using the same means of payment used in the initial transaction. For the avoidance of doubt, no amount will be charged in relation to the refund.

 

5.8 - When returned products have been received by us, we will verify that the returned products are consistent with the terms and conditions set out in this section. Should the results of such verification be negative, we will notify you by email and notify you of the amount that we will deduct from the amount to be refunded, unless you elect to have the products sent back to you (at your own cost) in the same conditions in which they were returned.

 

5.9 - If the right of withdrawal is forfeited, we will send back the purchased product, and charge the relevant delivery costs and, if already refunded, the price of the product.

 

5.10 - If you do not collect or accept your package for any reason when Pandally AG or Pandally AG's partners attempt to deliver the products and are unable to, Pandally has the right to withhold CHF 25.-- depending on which currency was used to purchase) to pay for the return shipping and handling costs of the order.

6. DEFECTIVE PRODUCTS

6.1 - Your order of products is subject to mandatory consumer protection legislation. As such, you may (depending on the circumstances) have the right to return defective products and request that such products are repaired, replaced or refunded. You may also have right to terminate the purchase agreement, claim a price reduction and claim compensation for damages. Please email us at info@pandally.com to solve a defective product issues.

 

6.2 - Please note that you must notify us of any defect within a reasonable time from noticing the defect, but no later than three (3) years from the date upon which you received the product. We recommend that you notify us of defects as soon as possible and at least within two (2) months from the date upon which you noticed the defect.

 

6.3 - To enable our investigation of the defect, we may request a description of the defect and how the defect occurred. You may also be requested to provide visual evidence in the form of images or videos to clearly show the defect.

 

6.4 - If you have to return defective products, we will provide a pre-paid return label to be used when returning the defective products. If you decide not to use the pre-paid return label, you should send the defective products (at your own cost) to:

Pandally AG

Kantonsstrasse 25

8807 Freienbach

Switzerland

If our investigation indicates that the product was defective, we will reimburse you for the reasonable costs and expenses you incurred for the return shipping.

If you request that a non-defective product shall be repaired, replaced or refunded, and we conclude that the product has been:

• Misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions;

• Involved in any accident or damaged due to an incorrect attempt of alteration or repair;

• Used contrary to applicable manuals or instructions for the product; or

• Deteriorated through normal wear and tear, after delivery by us,

We may at (our discretion) decide not to repair, replace or refund you for the product and require that you to pay any reasonable delivery costs and service costs and charge this amount to the payment method you provided when you placed your order. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising due to the request to repair, replace or refund such non-defective product.

7. PERSONAL DATA

 

7.1 - You hereby confirm that you have received information regarding our processing of your personal data, which is available at: Privacy Policy.

 

7.2 - If you provide personal data attributable to anyone else, you warrant that such individual has reviewed and accepted the Terms and received information and, where relevant, given his or her consent regarding our processing of his or her personal data.

8. AMENDMENTS

 

8.1 - These Terms may be amended occasionally due to new laws and regulations or other reasons. Any new Terms shall be effective as of the date of publication on the Website.

 

8.2 - For the avoidance of doubt, amendments will not affect orders confirmed by us before the effective date of new or amended terms and conditions.

 

8.3 - Please note that we do not undertake to archive historic versions of these Terms. As such, we recommend that you store and print a copy of these Terms at the time of each order via the Website.

9. GOVERNING LAW AND DISPUTES

 

9.1 - If you have any concerns or complaints, please contact Pandally AG at info@pandally.com. 

 

9.2 - This Agreement shall be governed by Swiss law.

 

9.3 - Any dispute arising out of your use of the Website or products ordered about these Terms shall be settled by the courts of Stockholm, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

 

9.4 - As a consumer, you are also entitled to have disputes arising out of these Terms or products ordered about these terms settled via alternative dispute resolution, provided that the dispute fulfills the requirements thereof (for example requirements pertaining to time and value). We undertake to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. The relevant body for dispute resolution is: Freienbach SZ.