General Terms and Condition - GTC
All Swiss-Sale.ch AG deliveries and sales are subject entirely to the following terms and conditions. We do not acknowledge any other terms and conditions unless we have agreed to their validity in writing.
The Contract shall be concluded based on an order by the customer and subsequent confirmation by us. Orders are generally placed online via www.swiss-sale.ch. If the order reaches us via another channel, the customer will receive an order confirmation which they must sign and return to us.
All information about goods that the customer receives within the scope of the order process is non-binding. In particular, changes to design and technology that improve the functionality of goods, as well as errors in description, illustration and pricing are reserved. However, in the case of price changes at short-notice, the customer will be informed as quickly as possible and will then be able to withdraw from the order as a result. All technical information about the individual goods is based on the manufacturers’ information and is binding within this context.
All prices are guide prices that are adjusted to suit the market on an ongoing basis. Prices are given in Swiss francs (CHF), including statutory value added tax, but do not include packing or postage from the Menzingen warehouse; they do include any applicable SWICO (recycling) fees. Shipping and postage costs will be charged individually, but based on the tariffs of Swiss Post. Settlement takes place online via the offered payment methods. Payments must generally be made net within 10 days after invoicing. Should the purchaser default on the payment of the purchase price, Swiss-Sale.ch AG is entitled to pass on the name and address of the customer to its debt collection partner. In the event of a payment default, default interest of CHF 10.00 will be charged. We reserve the right only to deliver to customers (even existing ones) with a negative credit rating in exchange for advance payment (credit card, PostFinance or PayPal).
The ordered goods can be delivered to an address in Switzerland or the neighbouring countries. Items available from stock are generally dispatched immediately. Should the delivery time of the goods be more than 7 days, the customer will be informed of the expected delivery date via email or telephone. The details of a delivery date are given to the best of our knowledge and belief, but are subject to correction. This applies in particular in the event of delivery delays, e.g. as a result of supply problems on the part of the manufacturer.
6. Retention of title
Goods delivered by us will remain our property until the complete settlement of all claims. We are entitled to make a corresponding entry in the retention of title register. In the event that the customer defaults on the payment of the purchase price, we are entitled to withdraw from the Contract (withdrawal declaration) and take possession of the goods.
The guarantee period for all products offered is 24 months from the date of purchase, unless another period of time is stated or agreed explicitly. All guarantees are limited to the extent of the manufacturer’s guarantee. Products will be replaced or repaired free of charge if the defect is reported in writing by the customer within 8 days after receipt of the goods. If products exchanged directly by us within the guarantee period are subsequently not confirmed as guarantee claims by the manufacturer, we reserve the right to charge any costs. As we cannot carry out repairs for products within the guarantee period, the customer shall refer directly to the responsible service centre of the manufacturer/supplier, otherwise we will forward the goods to the corresponding repair point for the handling of guarantee claims and charge the customer a processing fee of CHF 20.00. The guarantee will expire if the goods are modified or repaired without written permission. Clearance items, as well as consumables such as accessories, batteries, lamps, storage media, etc. are subject to a reduced guarantee duration or completely excluded from the guarantee. Defects that appear and are covered by the guarantee do not entitle the customer to withdraw from the purchase. Rescission is excluded. If an item is sent directly to us for a fee-based repair, we will charge for the costs incurred, including expenses for postage and additional work. To the extent permitted by the statutory provisions, liability for damages is excluded. In particular, we are not liable for damage that can be traced back to normal wear, operating errors, improper use, intervention by a third party or natural wear and tear, or for damages not caused to the item of delivery itself (consequential damage).
We reject all liability for damage caused during transport. If damage to the shipment packaging or contents is discovered, it is the responsibility of the customer to report this immediately to the delivery service.
In the event of damage, the customer is obliged to keep all shipping material, such as boxes and packaging material, so that the delivery service can inspect it in connection with the damage report.
We grant a right to exchange or return unused products in the proper original packaging within 10 days of the dispatch date. In all cases, returns must be notified in advance and in writing to firstname.lastname@example.org or via the form.
Hygiene items, food, consumables and special order items, as well as items specially produced or ordered according to customer requests, are excluded from this right.
The costs of any return, as well as additional postage costs for exchange, will be borne by the customer. For returns that were not sufficiently franked, we will charge the customer the postage costs, plus an expense fee of CHF 20.00.
Report returns to:
All information in connection with the Swiss-Sale.ch website is protected by copyright. The information is prepared and presented in the online shop to the best of our knowledge and belief. However, no guarantee is provided for completeness, correctness and reliability. We have no influence on information and design of externally linked content, and we reject all responsibility and liability.
10. Place of jurisdiction/law
For both parties, the place of jurisdiction is the seat of Swiss-Sale.ch AG. The law of the Swiss Confederation applies exclusively.
In the event of disputes, we will endeavour to resolve any differences mutually and amicably.
11. Final provisions
For the purchase of goods specified in the Swiss-Sale.ch online shop, these General Terms and Conditions (GTC) apply exclusively in their version valid at the time of conclusion of the respective contract. These terms and conditions also apply in particular if they differ from those of the customer. For the delivery of software, the licensing conditions of the manufacturer attached to and/or included in the storage media also apply. By opening the sealed storage media, the customer explicitly acknowledges the validity of these terms and conditions. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. We also reserve the right to make changes to these terms and conditions at any time.
Menzingen, 1 March 2018