General Terms and Conditions for Designboom Shop
Since January 2022 designboom is part of DAAily platforms AG
Version 2.0, valid as of June 1, 2022
The subject matter of these General Terms and Conditions (hereinafter “GTC”) form the relationship between DAAily platforms AG (hereinafter “DAAily”), the buyers and sellers of products of the Designboom Shop.
These GTC are binding for all users. By using the website or, in particular, by placing an order in the Designboom Shop, users accept these GTC. In particular, they become an integral part of every contract concluded between the buyers, the sellers and DAAily, unless otherwise agreed between the parties. Any provisions of a buyer or seller that deviate from these GTC shall not apply. Any deviations require the express written consent of DAAily.
DAAily reserves the right to modify the Designboom Shop at anytime and at its sole discretion without giving notice to buyers and sellers.
Conclusion of contract
The product catalog of Designboom Shop represents a non-binding offer. An order is considered a declaration of intent. A contract is concluded as soon as the goods are being shipped in the course of an order by the buyer and thus accepts the buyer’s offer.
It is the responsibility of the seller to accurately describe the items for sale. Seller must be duly organized, validly existing and in good legal standing under the laws of the country in which its business is registered and that seller is registering for the services within such country; seller has the requisite right, power and authority within its organization to agree to the GTC and perform all in accordance to its contents; information provided by seller is at all times accurate and complete. Sellers may not publish articles or links that violate property or intellectual property rights, contain libel, slander or other defamation, are fake, illegal or fraudulent.
DAAily allows sellers to list and sell their products on the Designboom Shop. This is apparent on the respective product detail page. Even though DAAily enables transactions on Designboom Shop, DAAily is neither the buyer nor the seller of these items. DAAily offers buyers and sellers the opportunity to conduct negotiations and conclude transactions. Thus, the contract that comes into being when these items are sold is concluded exclusively between the buyer and the seller. DAAily is not a party to the contract and therefore assumes no responsibility for that contract. DAAily is also not the seller’s representative. The seller is responsible for the sale of the products, any complaint on the part of the buyer and all other matters arising from the contract between buyer and seller.
Prices and price & assortment changes
All prices in the Designboom Shop quoted in US Dollars plus delivery charges. Import tax and sales tax of the respective country must be paid by the buyer. DAAily reserves the right to change prices and product ranges at any time. Also reserved are misprints and erroneous information.
DAAily excludes any liability for the brokered products to the extent permitted by law.
The seller is liable for damages incurred by the user through the use of the products. DAAily is only liable if gross negligence or intentional behavior can be proven for the brokering role. To the extent permitted by law, DAAily’s liability is in any case limited to the amount invoiced to the buyer for the product in question. In no event shall DAAily be liable for consequential damages or lost profits.
Copyright and other intangible rights
DAAily reserves all copyrights and other proprietary rights with respect to the website, including layout, graphics, texts, software and their contents. In particular, the publication, modification, offering, sale, reproduction, as well as distribution, making perceptible, sending, renting and licensing of the editorial and other contents of Designboom Shop (texts, tables, images, videos, graphics, programs and other services and media offers) is only permitted with its written consent. It is prohibited to display the web pages of Designboom Shop or their contents in whole or in part by means of technical aids (e.g. “framing”). The whole or partial exploitation of advertisements (including feeding into online services) is prohibited. Trademarks, labels, logos, graphics, navigation bars, button icons, designations, etc. displayed on the website are the intellectual property of DAAily or a respective seller. There is no right to use this data without written permission of DAAily.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a new provision that comes as close as possible to the invalid provision in terms of its economic and legal effect.
Swiss law is exclusively applicable. The place of jurisdiction is Zurich, Switzerland.