General Terms and Conditions
b.The following terms shall apply exclusively to all deliveries and services provided by CS. Customer terms that contradict or deviate from these GTCs shall not be recognized. Supplementary agreements and further commitments from CS shall only be valid if made in writing. CS expressly reserves the right to amend these GTCs at any time.
c. Offers and deliveries from the Webshop are intended exclusively for Customers with a domicile or registered office in Switzerland or Liechtenstein.
3. Products and prices
a. CS maintains a Webshop at www.cellularswiss.ch with selected products from Cellularline, etc. (“Products”). CS may amend or expand the existing Product range at any time.
b. All prices in the Webshop are stated in Swiss francs (CHF) and include statutory VAT. The respective prices at the time of the order apply exclusive of any separately stated shipping costs.
c. For resellers, distributors or dealers (B2B). A personal login will give you access to the purchase prices. These are always exclusive of VAT and shipping costs.
d. CS reserves the right to change prices at any time.
e.CS will inform you in good time in the event of any price changes.
modifications de prix.
f.The “price benefits ” stated in the Webshop are rounded and are calculated according to the unit purchase price.
4. Orders and conclusion of contract
b. The offers and information in the Webshop are non-binding. Every Customer order is subject to the availability/deliverability of the Product, correct pricing and receipt of payment. The binding and final contract comes into force after the delivery of the ordered
c. Si un paiement n’est pas versé dans les délais ou si une partie ou l’intégralité de la marchandise commandée par le Client ne peut être livrée, CS se réserve le droit d’annuler une commande entièrement ou en partie. goods. The same applies to each partial delivery.
c. If payment is not received on time or if all or some of the goods ordered by the Customer cannot be delivered, CS reserves the right to cancel part or all of an order.
5. Payment types and terms
a.Customers have the option to pay for their orders by credit card, PayPal. The mode with invoice is only for resellers, distributors (B2B) or under special conditions. CS reserves the right not to offer individual payments types, either in specific cases or in general (e.g. payment on account in the case of large invoice amounts or poor credit) or to offer alternate types of payment.
b.For resellers, distributors or dealers (B2B). An account opening is necessary. A credit limit will be granted to you as well as a payment term. CS reserves the right to request full or partial payment in advance for new customers or in case of insolvency.
c.If the Customer’s payment is late, outstanding deliveries shall be retained until proof of payment is supplied. Invoices must be paid within 30 days of receipt of the delivery.
d. If invoices and reminders go unpaid, invoice amounts may be ceded to a collection agency. In this case, additional effective annual interest of up to 15% may be invoiced from the due date. The collection agency shall claim outstanding amounts in its own name and for its own account and may charge additional processing fees.
e.The Products shall remain the property of CS until the Customer has paid for them in full (retention of title).
6. Delivery and shipping costs
a.Goods in stock are shipped within one to two working days of receipt of the order. If the ordered goods are not in stock, the goods will be delivered as soon as possible. All information about availability and delivery dates is non-binding. Delivery delays shall not entitle the Customer to cancellation of the agreement or claims for compensation.
b.Should the Customer have outstanding payments to CS or one of its subsidiaries, CS reserves the right not to ship ordered goods until all outstanding payments have been settled.
c.Missing deliveries must be reported within ten days of shipment (see item 3.4).
d. Should the Customer refuse acceptance of ordered Products, a processing fee of CHF 30 plus shipping and packaging costs shall be charged for each shipment. These costs shall be charged to the Customer separately and invoiced immediately.
e. The delivery shall be deemed to be complete once Products are handed over for shipping (e.g. to the post office). Risk and benefit of ownership shall be transferred to the Customer at the same time.
f.Should an order comprise multiple Products, the Customer shall be obliged to accept partial deliveries. If individual Products can no longer be delivered, the purchase agreement shall only lapse with respect to these undeliverable Products.
g. All costs arising in connection with undeliverable/returned packages shall be charged to the Customer in full.
h.CS reserves the right to change the shipping costs at any time.
7.Right of return
a. For reasons of hygiene and product safety, CS shall only grant a right of return if the Products are returned unopened, undamaged, and in their complete original packaging. The right of return shall apply for ten days after shipment (postmark). These conditions can be negotiated for B2B customers. For them, an RMA number is required for the return of goods.
b. In case of a return, all costs in connection with shipping shall be borne by the Customer.
8. Warranty and notice of defects
a. CS warrants that supplied Products have been properly stored and delivered in their original packaging and within their shelf life. Customers are obliged to check the shipment immediately upon receipt for any defects and for completeness. Complaints must be sent to CS immediately in writing – if noticeable, no later than five days after receipt and if not noticeable, immediately upon discovery. Otherwise, the Customer acknowledges that the shipment was made in accordance with the contractual terms and was in perfect condition. Standard commercial deviations due to properties typical for the material shall not constitute defects.
b. Defective Products may be returned after contacting CS. CS shall replace defective Products or shall issue a corresponding credit after consulting the Customer, unless the Customer did not report the defect in accordance with the provisions above. Any other warranty, in particular for properties and effects of the Products, shall be fully excluded to the extent permitted by law. This shall also apply to potential Product liability claims.
c.CS shall not be obliged to supply a replacement if it can prove that it is not responsible for the alleged defect, for example if the Product is used improperly or not as intended, or if the Customer subsequently alters the Product. Claims for damages due to potential errors in images, prices, or text shall be excluded.
d.Product images may deviate from the Products that are ordered/delivered.
a. CS shall only be liable for direct damages that are caused by the deliberate or grossly negligent actions of CS itself. Liability on the part of CS for direct damages due to slight negligence, no matter the legal ground, shall be expressly excluded subject to compulsory legal provisions. Liability on the part of CS for indirect or consequential damages, no matter the legal ground, shall be fully and expressly excluded. Furthermore, liability for any auxiliaries, technical problems, service disruptions of the Webshop, and damage to the user’s devices and software shall be excluded.
b.CS takes great care to ensure that the contents of the Webshop are complete and correct. However, CS cannot provide any guarantee with regard to the accuracy and reliability of the information. Liability claims against CS that relate to both material and intangible damages in connection with inaccurate and incomplete information shall be excluded within the context of item 10.1.
b. All legal relationships between CS and the Customer shall be subject to Swiss law and the Vienna Sales Convention (CISG) shall not apply. The exclusive place of jurisdiction for all disputes is Aigle.
c. All intellectual property rights contained and indicated on the website www.cellularswiss.ch, e.g. Product names and designs, are the property of CS. Any use outside of legally permissible personal use shall be prohibited, unless CS has provided express written approval. CS reserves the right to take corresponding legal action in case of violations.
d. Should one or more provisions of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. Rather, the invalid provision must be replaced by a valid provision that achieves the intended economic purpose of the agreement to the greatest extent possible.
e. GTCs CS SA, April 2018 version