Terms and conditions

1. Scope and operator

These terms apply to all orders, uses and deliveries through the DuLutscher platform (dulutscher.ch), operated by Hoti Enterprise (sole proprietorship), Schächlistrasse 6, 8953 Dietikon, Switzerland (the “platform”, “DuLutscher” or “we”).

By submitting an order, using the website or using our services, the person placing the order (the “sender”) agrees that they have read, understood and accepted these terms. The sender’s own terms are not accepted unless we expressly agree to them in writing.

2. What we provide

DuLutscher lets you send humorous, curated gift and gag boxes (a “box” or “gag box”) to a recipient address in Switzerland or Liechtenstein.

The parcel is anonymous to the recipient: the sender’s name appears neither on the packaging nor inside the parcel. To the platform, the sender is not anonymous (see section 6).

We provide a brokerage and shipping service for personalised gag gifts. We are not the recipient’s contracting party and we are not obliged to tell the recipient who the sender is, except where the law requires it.

3. Formation of the contract

Showing the boxes on the website is not a binding offer. It is an invitation to order. The sender makes a binding offer by completing the order and payment. The contract is formed when we confirm the order or when the payment is successfully received.

We may refuse orders without giving a reason, in particular where abuse is suspected, details are incomplete or obviously wrong, there is a technical fault, or delivery is not possible.

4. No abuse

The platform is only for humorous, friendly surprises. Any use for harassment, threats, stalking (Art. 181b Swiss Criminal Code), insult (Art. 177 Swiss Criminal Code), unwanted contact, discrimination or other unlawful behaviour is prohibited.

The sender confirms that the recipient’s address is correct, that the parcel fits a friendly surprise, and that no third-party rights are infringed. If we have reasonable grounds to suspect abuse, we may refuse, block or cancel orders, or hold them for manual review. Amounts already paid are refunded only if the parcel has not yet been prepared for delivery or delivered, and a refund is legally due.

5. One parcel per recipient (“ping-pong rule”)

Each sender may send one parcel to the same recipient address. Another parcel to that address is possible only after the recipient has used the code on the packaging – either by sending a box back anonymously (“Revanche”) or by not responding, in which case the system allows another send. If the recipient blocks their address, further parcels to that address are permanently excluded.

6. Storing the sender’s details / lifting anonymity

We store the sender’s name, address, email and payment details, the recipient’s address, and the other data needed for each order. Anonymity exists only towards the recipient.

If we reasonably suspect criminal or abusive behaviour, we disclose the sender’s details to prosecution or other competent authorities when the law requires it (for example on an order from a public prosecutor). How we process data is set out in our privacy policy.

7. The recipient’s rights

Every parcel contains a unique stop / Revanche code. With it, the recipient can at any time:

• block their address for all future anonymous parcels;
• send a box back anonymously to the original sender (“Revanche”), without learning who they are;
• report a parcel as abuse.

8. Prices and payment

The prices shown during checkout apply, in Swiss francs (CHF), including statutory charges unless stated otherwise. Shipping costs, if shown separately, are paid by the sender in addition.

Payment is made in advance by credit card, TWINT or another method we offer. The contract and the duty to deliver depend on the payment actually arriving. If a payment fails, is charged back or is disputed, we may hold or cancel delivery.

9. Shipping and delivery

Delivery is within Switzerland and Liechtenstein, to the address given by the sender, in the chosen or available delivery window. Delivery dates and windows are non-binding planning information unless something else was expressly agreed. Delays by the carrier, force majeure, public holidays, incomplete addresses or circumstances outside our control do not give a right to damages.

The sender alone is responsible for the address being complete, correct and deliverable. Neither we nor the carrier have to look up addresses or contact the recipient.

The risk of accidental loss or damage to the goods passes – as far as the law allows – to the sender or the recipient when the goods are handed to the carrier. If the recipient does not accept the parcel, cannot be reached, refuses it, or the address cannot be delivered to, there is no right to a second delivery, an exchange or a refund. Any return, storage or reshipping costs are borne by the sender.

The parcel is packed so that it is anonymous to the recipient. Tracking may – depending on the carrier – be limited, or visible to the recipient without personal data.

10. Personalised goods – no withdrawal, no return, no refund

Each box is individually assembled and prepared for a specific order and for anonymous delivery to a specific address. The goods are personalised or made to personal requirements.

For that reason, as far as the law allows, there is no right of withdrawal, cancellation, exchange or return after a successful order and payment. There is also no right to a refund of the price, in particular because of dislike, a change of mind, rejection by the recipient, a wrong address, non-acceptance, a complaint by the recipient, or because the surprise “did not arrive”.

Cancellation before delivery is possible only while the order has not yet been processed or picked for delivery, and only with our express agreement. Requests must be sent immediately to info@dulutscher.ch with the order number. There is no right to cancel.

11. Returns

Returns to DuLutscher are excluded as a rule. Parcels sent back by the recipient, by the carrier, or as undeliverable do not create a right to a refund, a replacement or another shipment.

If we exceptionally accept a return or a later shipment, we do so without acknowledging a legal duty, and only with our written consent. The sender pays the cost unless something else was agreed.

12. Liability – the sender’s responsibility

The sender acts on their own responsibility. They alone are responsible for whom they contact and which address they send a box to, for the content they choose (including an optional anonymous message), and for whether the parcel is lawful and reasonable.

For all claims, damage, complaints, criminal proceedings, civil actions or other consequences connected with an order or a parcel – in particular towards the recipient, neighbours, employers, authorities or third parties – only the sender is liable. As far as the law allows, DuLutscher accepts no liability for this.

As far as the law allows, we are not liable for slight negligence, indirect or consequential loss, lost profit, non-material damage, delivery delays, transport damage after handover to the carrier, misdelivery caused by wrong details from the sender, or content the sender provides (for example messages).

Liability for damage caused by our gross negligence or intent, and other mandatory statutory claims that cannot be excluded, remains unaffected.

13. Indemnity

The sender fully indemnifies DuLutscher, its owner and any auxiliaries against all third-party claims connected with the sender’s order, parcel, message or use of the platform. The indemnity also covers reasonable costs of legal defence.

14. Warranty

Obvious defects in the delivered goods must be reported to us in writing within five (5) calendar days of becoming aware of them. For justified defects that we are responsible for, we will, at our choice, repair, replace or – where owed – refund a proportionate amount. Further claims are excluded as far as the law allows.

There is in particular no defect where someone simply does not like the box, misunderstands its humorous character, or where the recipient reacts in a certain way.

15. Final provisions

Swiss law applies exclusively, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent it would otherwise apply. The place of jurisdiction is Dietikon (ZH), as far as the law allows.

If individual provisions of these terms are invalid or unenforceable, the remaining provisions stay in effect. The invalid provision is replaced by a valid rule that comes as close as possible to the economic purpose.

We may change these terms at any time. The version published on dulutscher.ch at the time of the order applies. Questions: info@dulutscher.ch.