Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the free and paid services (“IDARE Service”) available on the website (“Website”) operated by idare KIG (“IDARE”, “we”, “our”, etc.) with registered office in Switzerland (Commercial registry number CHE-150.2.478.435-5):

idare KIG, Kronenwiese 1319, 9427 Wolfhalden, info@idare.ch, +41 79 9 27 58 75.

These Terms further apply to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, text, files and other content or materials (“Content”) uploaded, downloaded, or appearing on our website.

Our Privacy Policy explains the way we collect and use your information. By using the IDARE Service and the Website, you agree to be bound by these Terms and the Privacy Policy. If you are using the IDARE Service and Website on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

Your access to and use of our services is subject to your acceptance of and compliance with these Terms and the Privacy Policy. By using the IDARE Service and accessing the Website, you agree to accept and be bound by these Terms and by the Privacy Policy. In case you do not agree to any part of these Terms, you are not authorised to continue using the IDARE Service or the Website.

Conclusion of contract

The presentation of the Service and the indications of prices on our Website do not constitute legally binding offers but are non-binding invitations to place an order. The customer’s order is an offer to purchase products and services listed in his/her order (the “Order”). All Orders are subject to acceptance by IDARE.

IDARE issues a written acceptance confirmation of Orders (the “Purchase Confirmation”). The formation of a contract of sale between IDARE and the Customer (the “Contract”) will take place upon the customer’s receipt of the Purchase Confirmation. The Purchase Confirmation shall determine the relevant subject matter and extent of the Contract, also where the Customer paid the products in advance.

IDARE shall have the right to refuse an Order as well as to cancel or not to carry out confirmed Orders at any time without providing any reasons and with no liability to the customer or any third party. If the customer has already paid for such products, IDARE will refund the customer the full amount without any interests and will not incur further liability to the customer. If IDARE does not accept an Order within ten (10) business days, the Order is deemed to have been refused.

The customer acknowledges that the product’s sales prices are subject to change (prices may be increased between the date of an Order and the formation of a Contract). In such cases, the customer may refuse the delivery of such products and IDARE shall refund the purchase price for such products, if already paid (also in cases where the customer’s credit card account, indicated by the customer, has been debited), without any interests; further claims are excluded.

Modifications or cancellations of an Order required by the customer are only valid if confirmed by IDARE in writing. Costs already incurred to IDARE may be charged to the customer.

Price and terms of payment

Prices payable by the customer are those in the indicated currency and in effect at the time of acceptance of the Order. Prices indicated on the Website include value and taxes but exclude shipping costs (where applicable) and import duties (where applicable). Further information regarding the shipping can be found in the Returns & Exchanges section.

IDARE reserves the right to change, limit or terminate any special offers or discounts at any time.

Payments may be made by different means (e.g., credit card, PayPal, Twint, etc.). Further information on the methods of payment accepted by IDARE can be found on our Website during the payment process.

All payments on our Website are securely processed via third-party providers Zahls.ch and Payrexx, trusted Swiss-based platforms that comply with applicable data protection and financial regulations. By completing a purchase, you agree that your payment information may be transmitted to and handled by these providers for the purpose of transaction authorization, processing, and fraud prevention. We do not store or access your full payment details.

IDARE reserves the right to verify credit card payments prior to acceptance. In case of default in payment, IDARE shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.

Delivery

Delivery methods and expected delivery time of products may differ per country and are indicated on the Website. Unless explicitly stipulated in writing by IDARE, the delivery dates indicated by IDARE shall only be non-binding estimates, made to the best of IDARE’s knowledge. Should a delivery be delayed beyond the dates explicitly confirmed by IDARE in writing, the customer shall set a grace period of at least fifteen (15) business days. After expiry of such grace period and no additional information received, the customer may withdraw from the respective Order. Any further claims are excluded.

IDARE shall be entitled to partial deliveries, and the customer hereby accepts partial deliveries. No warranty is given for all technical data and information regarding the delivery. IDARE shall not be liable for any damage which might arise because of deviations thereof. Should the customer notice that at delivery the ordered products have been damaged during transport, the customer shall immediately notify the employee of the carrier delivering the Order and contact IDARE’s Customer service (info@idare.ch).

Risk and retention of title

Unless agreed otherwise by the parties, the risk of loss or damage to the products will pass to the customer upon formation of the contract between IDARE and the customer. All products will remain the property of IDARE until the customer has paid all amounts owned to IDARE in full under any contract, including any costs. The customer may not sell, dispose, or encumber any products before full title has passed to the customer.

Information regarding the Statutory Right of Withdrawal for EU/UK customers

You have the right to withdraw from the contract within fourteen (14) days (the “Notice Period”) from the day on which you, or a third party designated by you (other than the carrier), took possession of the products without giving any reasons. To exercise your right of withdrawal you must notify us by sending an unequivocal declaration via email (info@idare.ch). To make use of your right of withdrawal, you must send your notice before the expiration of the Notice Period.

If you withdraw from the contract, we will refund all payments we received from you, excluding delivery costs and any taxes that may have occurred), without undue delay and at least within fourteen (14) days from the day on which we received your notice of withdrawal. We will process any such reimbursement using the same means of payment as you used for the Order. We will not charge you any fees for the refund. We may withhold the refund until we have received the products, or until you have provided proof that you have returned the products (whichever occurs earlier). You are required to return all products to us without undue delay, but at least within fourteen (14) days from the day on which you submit your notice of withdrawal. You will be required to cover any depreciation in the value of products if the depreciation is attributable to your improper handling of the products when examining its condition, properties and function.

The right of withdrawal is excluded for contracts on the supply of goods (i) which are made to the consumer’s specifications or are clearly personalized or (ii) which are liable to deteriorate or expire rapidly or (iii) which are sealed and are not suitable for return due to health protection or hygiene reasons, provided they were unsealed after delivery.

Returns and exchanges

Without prejudice to the EU Customer’s statutory right of withdrawal as outlined in the previous section, the customer may cancel a contract and return any delivered product to IDARE for any reason, provided that the customer notifies IDARE in writing within fourteen (14) calendar days of the delivery date.

To notify IDARE about such return request and initiate the return process, the customer must follow the process as described on the IDARE Website. The returned product must be returned to IDARE in their original condition, meaning unworn, unwashed, undamaged, clean, in its original packaging and with tags attached. Once the customer has notified IDARE about the intention to cancel the contract and return the products, any sum debited by IDARE will be refunded within thirty (30) calendar days of the receipt of the returned product at IDARE’s warehouse.

The customer may exchange the ordered product for another product under certain conditions fully at IDARE’s discretion and as further described on the Website. Exchange is always subject to stock availability. The product to be exchanged must be returned in accordance with IDARE’s Return Policy.

Limited warranty

For defects resulting from production or material errors, IDARE shall provide the customer with a replacement product free of charge. The customer’s obligation to inspect the wares and declare any defects, along with the warranty period, are based on statutory regulations. Product information (descriptions, videos, images etc.) does not constitute any guarantee of certain properties. The transfer of warranty claims is excluded.

To exercise a warranty claim, the customer must send an email with the necessary information and evidence required (info@idare.ch). All claims will be assessed on a case-by-case basis. All IDARE products have a lifespan depending on the model, the materials used and the individual use of the product. The warranty does not extend to defects due to the wrong fit, normal wear and tear, exceeding the product’s lifespan or damage caused by improper, incorrect or negligent use or changes to the product. Furthermore, the warranty does not extend to defects in products not ordered from the IDARE Website.

Limitation of liability

IDARE shall only be liable for direct damages and only if the customer proves that IDARE, its auxiliaries, or any third parties instructed by IDARE, have acted with gross negligence or with unlawful intent. In any event, IDARE’s liability shall be limited to the purchase prices of the relevant product under the contract.

Any further liabilities of IDARE, its auxiliaries, or any third parties instructed by IDARE, for damages of any kind, in particular for loss of production, loss of use, loss of orders, loss of profits, or any other indirect or consequential damages, are hereby explicitly excluded.

Data protection

IDARE complies with all data protection laws and will use personal data of the customer only as set out in IDARE’s Privacy Policy.

Miscellaneous

The contract language is English and the English version shall prevail. Contract documents in a language other than English are provided for informational purposes only. IDARE may transfer, assign, or sub-contract all or any rights and obligation under these Terms and any contract. The customer may not sub-contract, assign or otherwise transfer any of its rights or obligations under these Terms or any contract without the written consent of IDARE. Failure by IDARE to enforce at any time any of the provisions of these Terms shall not in any way be construed as a waiver of such provision, nor in any way affect the validity of the Terms or any right thereunder.

IDARE shall not be liable for its failure or delay in performing its obligations under these Terms in and to the extent that such failure or delay is due to reasons beyond its control (including without limitation floods, storms, fires, earthquakes, pandemics, war, terrorism, governmental restrictions, strikes). If any provisions of these Terms are found to be invalid, illegal, or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. IDARE and the customer shall agree a replacement provision, which is as close as is legally permissible to the provision found invalid, illegal, or unenforceable, and which achieves as closely as possible the effects of the original provision. The customer waives the right to offset any claims against IDARE. IDARE reserves the right to modify these Terms from time to time. The Terms in effect at the time the customer places the Order shall apply.

Applicable law and jurisdiction

Contractual relations covered by these Terms between IDARE and the customer shall be governed by Swiss law. All conflicts and disputes arising, directly or indirectly, under or in connection with the contractual relationship between IDARE and the customer shall be submitted to the exclusive jurisdiction of Switzerland. IDARE shall be entitled to alternatively sue the customer at the competent court at the customer’s domicile.

The choice of law and jurisdiction shall not apply if and to the extent that you (a) qualify as a consumer within the meaning of Swiss law or any other applicable legislation, and therefore (b) are mandatorily entitled to (i) invoke the application of the local law of your country of residence; and/or (ii) submit any disputes under or in connection with the customer’s contractual relationship with IDARE to the competent courts of the customer’s place of residence.

Any statutory rights which the customer may have, and which cannot be excluded or limited, will not be affected by these Terms.

Gift cards

Digital gift cards can be redeemed on our Website. The following conditions apply:

1. Gift cards are available in CHF and cannot be swapped for a different currency or cash.
2. Gift cards cannot be used to purchase a new gift card.
3. Gift cards have no expiration date, but they cannot be returned for a refund.
4. Gift cards cannot be purchased at a discounted price.

If you return a product that was purchased with a gift card, the amount will be refunded in the form of a new gift card. If you are returning a product purchased with multiple gift cards, the refund will be credited to a single new gift card. If two payment methods were used (e.g., a combination of (1) card payment with (2) a gift card), then the payment method number (1) will be refunded first. A new gift card will be issued for any remaining balance. Gift cards will not be replaced in the event of loss, theft, or damage. IDARE accepts no liability for any missing amounts on IDARE gift cards due to theft or fraud. IDARE reserves the right to refuse, cancel, or hold gift cards and orders for review if there is any suspicion of fraud, incorrectly issued gift cards with incorrect values, or other violations of the guidelines applicable to gift cards.

The balance of the gift card can be checked by contacting us via email (info@idare.ch).

Events

Unless otherwise defined in the special terms of the event as outlined on the Website or as communicated at or in connection with the event itself (“Special Terms”):

1. Everyone who is of legal age (18 years and above) is eligible to participate in the event (“Event”).
2. Participation in the Event is free of charge and does not require the purchase of a product or service.

By participating, you agree to the Terms and the Special Terms fully and unconditionally. IDARE reserves the right to exclude any participant from participating in the Event without providing any reasons.

By participating in the Event, you consent to interview(s), photography, audio recording, video recording, or any other recordings (the “Recordings”) and the release, publication, exhibition, or reproduction of these Recordings can be used for, including but not limited to, news, webcasts, promotional purposes, telecasts, advertising, inclusion on Websites, social media, or any other purpose (the “Release”) by IDARE and its affiliates. Recordings may be used to promote similar events in the future, to highlight the Event, or to exhibit the capabilities of IDARE (or any of its partners). You release IDARE and all persons involved from any liability and waive all rights you may have to any claims for payment or royalties in connection with the Recordings and/or the Release (including any claims connected with the taking, recording, digitizing, or publicizing of the Recordings).

IDARE and/or any third party contracted by IDARE in connection with the Event (the “Partners”) accept no responsibility for any damage, loss, liabilities, injury, or disappointment incurred or suffered by any participant as a result of entering and/or participating in the Event. Nothing in these Special Terms shall exclude the liability of IDARE for fraud or fraudulent misrepresentation or for death or personal injury resulting from IDARE’s negligence. You agree to indemnify, defend and hold harmless IDARE and its Partners from and against any loss, expense, liability, damage, or claim (including reasonable attorneys’ fees) which may be asserted by a third party that arises out of your negligence or wilful misconduct and omission.

You acknowledge that by participating in the Event certain risks may be encountered. By agreeing to the Terms, you confirm to be adequately insured and to have accident insurance. By registering for or participating in the Event, you acknowledge and consent to the processing of your personal data in accordance with IDARE’s Privacy Policy.

If minors participate in the Event, the participant assures that he/she has also obtained the consent of the legal representatives (parents/legal guardian) beforehand. The respective parent/legal guardian confirms to adhere and agree to the Terms and the Special Terms herein, including but not limited to release and hold IDARE and its Partners harmless of any claims in accordance with the Terms and the Special Terms. IDARE has the right to cancel or terminate the Event at any time without prior notice and without providing any reasons. IDARE reserves the right to change or amend the Special Terms at any time. The Event and the Special Terms will be governed by the laws of Switzerland without regard to its conflict of laws provisions. Exclusive place of jurisdiction for all controversies and claims is Switzerland.