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General terms and conditions

Please note: Only the German original of these General Terms and Conditions of Digitec Galaxus AG is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.

 

1 Scope of application

The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops www.digtec.ch and www.galaxus.ch (hereinafter individually referred to as “online shop”). Both online shops are operated by Digitec Galaxus AG (hereinafter “Digitec Galaxus”). Digitec Galaxus reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.

The range of products and services available in the online shop (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.

Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.

Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18 (particularly for alcohol and tobacco products).

Large orders exceeding a standard amount may be refused without reason.

2 Information

2.1 Product and price

Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.

Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.

All prices quoted are net, in Swiss Francs, include value added tax (VAT) and, where applicable, include an advance recycling contribution. Digitec Galaxus reserves the right to change prices at any time. The prices stated in the online shop at the time of order placement apply.

Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurances etc., are listed separately in the shopping cart and on the invoice.

2.2 Availability and delivery times

Digitec Galaxus is committed to provide up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.

2.3 Additional services: installation and disposal

Installation includes the unpacking and installing of the ordered product including the taking back of packaging.

Disposal includes the receipt and environmentally sound disposal of the item(s) specified by the customer upon placing his or her order. The item(s) must correspond approximately in type and quantity to the ordered product. The item(s) for disposal must be prepared for transport by the customer and must be ready on the arranged delivery date for the ordered products.

The costs for installation and disposal are listed separately in the shopping cart and on the invoice.

3 Contract conclusion

Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).

Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and correct price quotation.

4 Delivery date

Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.

If delivery by Digitec Galaxus is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, Digitec Galaxus will refund the customer any amount paid in advance. No further claims towards Digitec Galaxus apply.

5 Delivery/In-store collection

The delivery address in Switzerland or Liechtenstein must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.

Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Digitec Galaxus may withdraw from the contract (cancellation) and invoice the customer any additional costs incurred as well as an inconvenience charge of 20% of the order value but no less than CHF 60.– as well as charge for any value loss of the ordered products.

If the customer does not collect the ordered products from one of our stores (in-store collection) within 14 calendar days from the arranged date, Digitec Galaxus may withdraw from the contract (cancellation) and invoice the customer for additional costs incurred. Furthermore, an inconvenience charge of 20% of the order value, but no less than CHF 60.–, may be imposed and any value loss of the ordered products may be invoiced.

6 Customer obligation to inspect products

Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity. The customer shall inform Digitec Galaxus of any defects immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer must retain the product in the condition it was delivered in and may not use it. If the delivery is carried out by a service partner, the customer, by signing the delivery note, confirms that the product shows no obvious defects. Alternatively, he/she must state the defect on the delivery note. This does not apply to hidden defects.

7 Warranty

7.1 Basic provisions

Digitec Galaxus or the retailer warrant for two-years from delivery date or in-store collection that the ordered product will be free from defects and fully functional. Digitec Galaxus shall provide warranty either by

  • repairing the product free of charge
  • providing a partial or full replacement with an equivalent product. A warranty period of 1 year applies to all products replaced by a used product.
  • providing a refund at current price or, at maximum, at the original sales price at the time of order or
  • giving a price reduction.

Digitec Galaxus or the retailer explicitly exclude warranty for wear parts, batteries, rechargeable batteries, adapters, bulbs and for software problems. Otherwise, liability exclusion pursuant to point 8 applies.

Provided that the manufacturer warranty exceeds the warranty of Digitec Galaxus or the retailer, Digitec Galaxus or the retailer shall grant the former to the customer.

When returning a data carrier or a product containing data storage to Digitec Galaxus or the retailer, a total loss of data must be expected. It is the customer’s responsibility to ensure an appropriate data backup is carried out beforehand and that the data is protected. Neither Digitec Galaxus nor the retailer assume liability for potential loss of data.

While the warranty claim is being processed, both Digitec Galaxus and the retailer may, at their own discretion, provide the customer with a replacement device (replacement subject to reservation). This shall apply on condition (precedent) that a warranty claim actually exists. Therefore, the customer only gains ownership of the replacement product at the time of promise of guarantee by Digitec Galaxus or the retailer. If the warranty claim is rejected by Digitec Galaxus or the retailer, the customer may purchase the replacement product at retail value at the time of delivery or is obliged to return the replacement device at his or her own expense.

7.2 Additional provisions for used goods

Other provisions apply to products that are marked as “display product”, “refurbished”, “test device”, “repair” or “showroom product”. They may show minor visual flaws or be restored products, for which reason they are sold at a reduced price. These visual flaws are not covered by the warranty and are stated accordingly in the article details. In all other respects, a warranty period of one year applies to these products.

The purchaser is aware of the fact that he or she is purchasing a used electronic product that may contain personal data of the previous owner/user and that no liability is assumed by Digitec Galaxus or the retailer. 

 

8 Liability and exclusion of liability

Liability is based on the applicable legal provisions. However, in no event shall Digitec Galaxus be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Digitec Galaxus, be this contractual or non-contractual.

Moreover, Digitec Galaxus is not liable for damage resulting from the following causes:

  • Storage, setting or use of products that is improper, unlawful or contrary to contract;
  • Use of incompatible spare parts or accessories (e.g. power supply);
  • Failure to maintain and/or improper modification or repair of the products by our clients or a third party;
  • Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Digitec Galaxus or official orders.

The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. on-site installation).

9 Payment

9.1 Payment methods

Payment must be made in Swiss Francs.

Cash payment is possible for in-store collection only.

We accept the folowing payment methods: online banking, transfer by bank or post, credit card (Mastercard, VISA, PayPal, PostFinance, debit cards and Postcard). Our current fees can be viewed under payment methods and are given in detail in the ordering process.

When paying by credit card, the amount is debited at the time of order.

In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the Digitec Galaxus main warehouse are reserved until the expiration of the payment term, which is at least 40 calendar days. Products that need to be delivered by an external distributor first are only ordered upon receipt of payment.

For fee-based purchases on account (2.5% surcharge on order value), customers are obliged to settle the invoiced amount within 20 calendar days of receiving the delivery without any (discount) deduction. In the event of a partial return of the delivered products, the invoiced amount may be reduced accordingly.

9.2 Delay of payment

Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Digitec Galaxus for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Digitec Galaxus may request immediate payment and suspend any further product deliveries to the customer.

Digitec Galaxus levies an administrative charge of CHF 5.– from the second reminder and CHF 20.– from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency (Intrum Justitia, Eschensstrasse 12, 8603 Schwerzenbach). In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.

9.3 Reservation of ownership

All ordered products remain the property of Digitec Galaxus until payment is received in full. Digitec Galaxus is entitled to make an entry in the register for reservation of ownership. Without the express consent of Digitec Galaxus, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.

10 Order change or cancellation

Order placement obliges the customer to accept the products and services. Digitec Galaxus may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.

In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.

11 Returning non-defective products

According to the conditions listed in Return policy, Digitec Galaxus and all retailers grant the right to return ordered products within a maximum of 30 calendar days, for products from third parties within a maximum of 14 calendar days since their dispatch or collection.

Customers must register the return of a product in their personal customer account under the section “Returns and warranty” on www.galaxus.ch or www.digitec.ch and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.

It is the customer’s responsibility and obligation to delete all personal data stored on the product before transferring ownership to Digitec Galaxus or the retailer. Digitec Galaxus and their service partners remain the right to carry out additional deletions/resets to the product and delete any personal data. A total loss of data must be expected. Digitec Galaxus assumes no liability for any third-party access, use, editing or ownership of any remaining data stored on the product. 

Should customers exercise their right of return according to the above-mentioned return conditions, Digitec Galaxus shall refund the total purchase price with the exception of any minimum order surcharge paid.

12 Repairs outside of the warranty

All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer. Digitec Galaxus reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.

13 Delivery and Returns to a PickMup site

13.1 Delivery to a PickMup site

It is possible to have orders delivered to a pre-defined branch of another business within the Migros Group. The customer can select the PickMup site as their place of delivery. The choice of available sites depends on the content of the cart.

After the parcel has been delivered to the PickMup site, the customer receives a pick-up invitation that includes a collection voucher. The collection voucher is considered a means of identification and must be presented when the parcel is collected. It could for example take the form of a printed e-mail or a digital version of the collection voucher (SMS, e-mail on your smartphone). The customer can also present only the collection code. No additional proof of identity is required. Without this collection voucher, the parcel cannot be handed over to the customer. The PickMup site validates the collection voucher electronically. This serves as proof of collection. The customer is requested to confirm the pick-up by signature as well. Any liability for damages incurred by the customer due to loss, theft or misuse, etc. in connection with the pick-up process and the collection voucher is expressly excluded.

If the customer does not collect the order within the given time limit, it will be returned to the Online Store sender. The customer is solely responsible for orders picked up late. The customer can arrange for an extension of the time limit for pick-up with the provider's customer service.

13.2 Returns to a PickMup site

Orders can be returned to a PickMup site. There are no charges for the customer if returns are processed through a PickMup site. The PickMup site has the right not to accept returns for reasons of size restrictions. Returns must be packaged appropriately for dispatch by mail and labeled with the correct return address. If these conditions are not met, the PickMup site is under no obligation to accept the return.

The PickMup site does not examine the contents of the parcel and cannot provide any information regarding returns or the relevant process. It merely acts as a parcel collection point. No refunds of the purchase price are made at the PickMup site.

The customer receives a copy of the post office Track & Trace bar code, which can be used to track the shipment and which serves as a receipt. He/she will be notified by the service provider once the return has been examined in the logistics center.

14 Community

14.1 Activity in our community

By publishing comments and posts in our community, the author confirms to agree with the Digitec Galaxus Community terms and conditions.

15 Further provisions

15.1 Non-allocatable returns

Returns that cannot be allocated or returned to a customer (due to missing details) are retained for 6 months before being disposed of or being recycled.

15.2 Uncollected or undeliverable warranty goods

If a customer fails to collect goods connected to our warranty service (pursuant to point 7) from our stores within 6 months after receiving the collection note or it can not be returned to the customer, Digitec Galaxus AG is entitled to use and, in particular, to dispose of or recycle the respective item.

15.3 Data privacy protection

The privacy statement is an integral part of these GTC.

By accepting these GTC, customers also agree to the privacy statement.

15.4 Partial invalidity

Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.

15.5 Place of jurisdiction and applicable law

All legal relations between Digitec Galaxus and their customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

15.6 Copyright notice

All rights to these GTC, particularly copyrights, are reserved by Digitec Galaxus. All reproduction, distribution or other use is prohibited except with written permission from Digitec Galaxus.

In the event of breach of this requirement, Digitec Galaxus reserves the right to take legal action.

 

April 2015