General terms and conditions of sale

1. SCOPE OF APPLICATION

These General Terms and Conditions of Sale ("General Conditions") shall apply to all offers, orders, order confirmations, contracts and deliveries between you ("Buyer") and DOPEKI Sàrl ( “IKEPOD”, “we”, “us” or “our”), made through www.ikepod.com ("Website") operated by IKEPOD, as well as through emails.

IKEPOD is a company with its seat located at Rue de l'Athénée 40, 1206 Geneva - Switzerland. At any moment, you can contact us at the following email address: info@ikepod.com.

By placing an order ("Order"), you acknowledge that you have read, understood and accepted, without any reservation, these General Conditions, as in force at the time the Order is placed, and agree that they form an integral part of the contractual relationship between you and IKEPOD and that they are binding. By placing an Order, you furthermore agree to the General Conditions on your own behalf or on behalf of the entity you represent, and you warrant that you have the right, authority and capacity to enter into such an agreement.

IKEPOD reserves the right to modify these General Conditions at any time, and at its sole discretion, by publishing a new version on the Website. The new version of the General Conditions shall be applicable to any Order validated after its publication.

Certain features of the Website may be subject to additional terms and conditions or rules, which are available on the relevant pages. We invite you to read our Privacy and Cookies Policy ("Privacy Policy"), and Terms of Use, which form an integral part of these General Conditions.

2. PRODUCTS AND OFFERS

On the Website, we publish our watches and any other items available for sale ("Products") and indicates their characteristics and prices. The information on the Website concerning the Products and their prices is subject to change without notice.

The Buyer can order the available Products by placing an Order. To place an Order, the Buyer can either create an account or continue as a guest on the Website or place an Order by email at info@ikepod.com. The information provided in any of these cases will be stored and processed exclusively for the proper completion of the Order, its invoice and delivery, and in any case, in accordance with our Privacy Policy.

Any Order placed by the Buyer constitutes a binding and definitive offer to conclude a purchase agreement with IKEPOD for the Products concerned ("Offer").

Upon the placement of any Order, the Buyer will receive a confirmation of the Order ("Confirmation of the Order"). This does not constitute an acceptation of the Offer by IKEPOD.

When a Product is not available, the Buyer can request to be placed on a waiting list. The information provided in this case will exclusively be used for the intended purpose, and in accordance with our Privacy Policy. The placement on the waiting list is non-binding.

3. CONCLUSION OF A PURCHASE AGREEMENT AND PASSING OF RISKS

A Purchase Agreement is concluded when IKEPOD accepts the Buyer's Order (“Purchase Agreement”). The Order is deemed to be accepted when, following the payment by the Buyer, IKEPOD provides the Buyer with a confirmation of acceptation through the Website, by email, by any other written communication, or by sending the Products ordered.

IKEPOD reserves the right to refuse an Order at its sole discretion, without having to justify its decision.

The risk of loss and damage to the Products shall be transferred to the Buyer as soon as the Purchase Agreement has been concluded.

4. PRICES AND ADDITIONAL COSTS

The Buyer will be charged the price displayed on the Website at the time the Order is validated ("Purchase Price").

Prices on the Website are indicated according to your location (IP) in Swiss francs (CHF), euros (EUROS), US dollars (USD), etc., including value added tax (VAT), with the exception of vintage corner products, which are proposed tax-free.

IKEPOD reserves the right to modify its prices at any time and to cancel a Purchase Agreement that contains errors in wording, printing or calculation.

IKEPOD does not cover delivery costs for orders below CHF 500.

Deliveries are made DDP (Delivered duty paid), taxes and customs duties paid, with the exception of South America and South Africa, for which deliveries are made DAP (Delivered at Place).

Deliveries of vintage corner products are also made DAP (Delivered at Place). 

Deliveries to countries other than Switzerland may involve other costs (which may depend on numerous factors, including, without limitation, the value, type of goods purchased, administrative costs and destination of the shipment) and which are not taken into account in the prices indicated on the Site.

The Buyer shall bear the taxes applicable in the country of delivery, as well as all other costs related to the delivery of Products purchased outside Switzerland. By accepting these General Conditions, the Buyer undertakes to pay any taxes or other charges that may apply in connection with delivery to a country other than Switzerland.

5. PAYMENT

The Purchase Price for the Products ordered is due and to be paid immediately upon validation of the Order by the Buyer.

Payments may be done by the use of any of the payment means accepted by the Website at the time of the Order, such as bank transfer, and credit card. In the event an Order is placed through email, payments may be executed by bank transfer, or by using the secure payment link provided by IKEPOD in an email. The processing of personal data related to payments and the payment means is addressed in our Privacy Policy.

Credit card payments are made on the secure payment service provider website (Stripe, Klarna). The Buyer will be automatically redirected to their site when they validate the Order. Credit card payments are fully managed by the payment service provider, whose general terms and conditions are the only ones applicable to credit card payments. No information concerning the Buyer's credit card will be requested or recorded by IKEPOD, either on the Website, or by email.

In the event that the Order is eventually not accepted (due, for instance, to issues affecting stock or any other reason which IKEPOD may at its sole discretion determine), any part of the Purchase Price already paid shall be reimbursed to the Buyer on the account used by the Buyer to make the original payment, within a reasonable timeframe.

6. DELIVERY

The Products will be delivered to the shipping address stated by the Buyer as part of the Website checkout process or by email, and through a delivery service appointed by IKEPOD. The expected delivery time mentioned on the Website or by email is indicative and may be subject to customs clearance or other delays outside of the control of IKEPOD. IKEPOD shall not be liable for any delayed Delivery.

In the event that several Orders are made simultaneously by the Buyer, Delivery may be split, such that certain Orders may be delivered before others.

The Buyer must immediately inspect the Products upon Delivery. If the Buyer discovers any defects, they must immediately notify IKEPOD without delay, and at the latest, within seven (7) days. In the absence of such notification, the Products shall be deemed to be accepted.

7. NO WITHDRAWAL RIGHTS

The Buyer understands and agrees that there is no withdrawal right once the Order is confirmed in accordance with article 3 above.

The right of IKEPOD to accept, at its sole discretion, a return for replacement in conformity with article 8 is reserved. In such an event, the cost of return shipment (postage, tax, customs, etc.) will be borne in full by the Buyer and will be deducted from the amount to be reimbursed to the Buyer. The products must be returned complete, in their original packaging and in a condition suitable for remarketing. The Buyer may not retract or cancel the order if the Products have become unfit for sale.

8. WARRANTY

IKEPOD warrants any Products delivered against defects for a period of two years starting from the moment of the Order.

The Buyer shall notify IKEPOD of any defect affecting the Products within the warranty period.

In the event that a defect comes to light subsequently to the Delivery but within the warranty period, the Buyer shall notify IKEPOD immediately. In the absence of such notification, the Products shall be deemed to be accepted even in respect of such defects.

IKEPOD shall, at its sole discretion, replace or repair the Products in question, to the exclusion of any rescission of the Purchase Agreement or reduction of price. While waiting for IKEPOD's response, the Buyer shall keep the Product safely in its possession.

After-sales services may be provided following the end of the warranty period. Such services are subject to a quote and are performed only after approval of such quote by the Buyer.

9. LIMITATION OF LIABILITY

The photos and texts illustrating and describing the Products appearing on the Website are non-contractual and for information purposes only. IKEPOD assumes no responsibility for any errors or omissions in the photos or texts appearing on the Website.

IKEPOD may not be held liable towards the Buyer for any loss whatsoever arising in connection with the Products, their use, delivery, or for any damage caused to the Buyer in the execution of the Order, unless such damage is due to willful intent or gross negligence.

In no event shall IKEPOD be liable for any indirect damages, including but not limited to, consequential damages or loss of profits, or for any damage of whatever nature and whether or not based on the Purchase Agreement.

IKEPOD's aggregate liability for any damage it has caused shall in any event be limited to the Purchase Price of the Products paid by the Buyer.

Except for the express provisions of the General Conditions, and to the maximum extent permitted by applicable law, IKEPOD disclaims and excludes all warranties, terms and other conditions, including but not limited to any warranty, terms and other conditions of merchantability, satisfactory quality, fitness for a particular purpose, correspondence with description or non-infringement.

IKEPOD shall not be liable for any damages caused by the Products or any damages using the Products. IKEPOD assumes no product liability except as imposed by mandatory law.

10. PROHIBITION OF ASSIGNMENT

The Buyer may not assign contractual rights to a third party, except with the prior written consent of IKEPOD.

11. DATA PROTECTION

Any processing of the Buyer's personal data shall be done in compliance with applicable legal provisions and in accordance with our Privacy Policy.

12. MISCELLANEOUS

The invalidity or unenforceability of any provision of these General Conditions shall not affect the validity of the remaining provisions. The invalid provision shall in this case be replaced by another provision with corresponding economic and legal effect.

IKEPOD may communicate with the Buyer by email. The Buyer consents to receive such communications in electronic form.

Any notification as foreseen in the present General Conditions must be done by registered mail.

13. GOVERNING LAW AND COMPETENT COURTS

Any Purchase Agreement concluded on the Website or via email under these General Conditions of Sale shall be exclusively subject to Swiss law, excluding its conflict of laws principles. In particular, the applicability of the United Nations Convention on the International Sales of Goods is hereby excluded.

Any dispute arising out of or in relation to these General Conditions, if not solved amicably, shall be submitted to the exclusive jurisdiction of the ordinary courts of Geneva, Switzerland. The right of appeal to the Swiss Supreme Court is reserved.

Nothing in these General Conditions, including the provisions hereabove in the present article, affects your rights as a consumer to rely on mandatory provisions of your local jurisdiction.

Last update : February 2024.