1.general information
a. These General Terms and Conditions of Cellular Swiss SA (hereinafter referred to as “CS”) govern the use of the www.cellularswiss.ch website (“Online Shop”) and the contractual relationship between the Customer (“Customer”, “You”) and CS for all contracts concluded in connection with the Online Shop. With each order, the Customer expressly accepts these GTC and the Privacy Statement as an integral part of the contract.
b. The following conditions shall apply to the exclusion of all other conditions for all deliveries and services of CS. Terms and conditions of the customer that are contrary to or deviate from our General Terms and Conditions are not recognised. Any additional agreements or other commitments made by CS must be in writing. CS expressly reserves the right to amend these GTC at any time.
c. The offer and delivery via the Online Shop are intended exclusively for Customers whose domicile or registered office is located in Switzerland or Liechtenstein.
d. CS will treat your data confidentially and in accordance with the provisions of the current Swiss Data Protection Act (DPA). Please refer to our Privacy Policy.
3. Products and prices
a. CS maintains an online shop at www.cellularswiss.ch, including selected products from CelluarLine, etc. (“Products”). CS may modify or extend the existing product range at any time.
b. All prices in the online shop are in Swiss francs (CHF) and include the applicable value added tax. The prices applicable at the time of ordering are exclusive of any carriage costs, which are shown separately.
c. For resellers, distributors or merchants (B2B). A personal login will give you access to the purchase prices. These are always exclusive of tax and delivery costs.
d. CS reserves the right to change its prices at any time.
e. CS will inform you in good time of any price changes.
f. The “price advantages” displayed in the online shop are rounded off and calculated on the basis of the unit purchase price.
4. Order and conclusion of contract
a. Once the Customer has finalised his/her order in a firm and definitive manner by accepting the GTC, he/she will receive an automatically generated order confirmation at the e-mail address he/she has indicated. Receipt of the order confirmation does not guarantee that the products will be delivered.
b. The offers and information provided in the online shop are non-binding. Each order placed by the Customer is subject to the availability of the goods/delivery possibility, the correctness of the price indicated and the receipt of payment. The binding contract comes into effect upon delivery of the goods ordered. The same applies to each partial delivery.
c. If a payment is not made on time or if part or all of the goods ordered by the Customer cannot be delivered, CS reserves the right to cancel an order in whole or in part.
d. If the Customer does not receive the goods ordered within 10 days of receipt of the order confirmation or the date of delivery (as evidenced by the postmark), the Customer must notify CS in writing (e-mail or letter) of the goods not received.
5. Terms and conditions of payment
a. Customers may pay for their orders by credit card or PayPal. Payment by invoice is only available to resellers, distributors (B2B) or under special conditions. In specific cases or as a general rule, CS reserves the right not to offer certain methods of payment (e.g. payment on invoice in the event of high invoiced amounts or insolvency) or to offer other methods of payment.
b. For resellers, distributors or merchants (B2B). An account must be opened. You will be granted a credit limit and a payment period. CS reserves the right to request full or partial payment in advance for new customers or in the event of insolvency.
c. If the Customer is in arrears, future deliveries will be suspended until proof of payment has been provided. In the case of payment by invoice, the applicable payment period is 30 days from receipt of delivery.
d. In the event of unsuccessful invoicing and reminders, the sums invoiced may be assigned to a collection company. In this case, an effective annual rate of up to 15% may also be charged from the due date. The collection company will claim any outstanding amounts in its own name and for its own account, and may charge an additional handling fee.
e. The products remain the property of CS until full payment has been received from the Customer (retention of title).
6. Delivery and delivery charges
a. Stored goods are dispatched within 1-2 working days of receipt of the order (unless otherwise agreed). If the goods ordered are not available from stock, they will be delivered as soon as possible. All information concerning availability and delivery times is provided for information only. Delays in delivery do not entitle the Customer to withdraw from the contract or to claim damages.
b. If the Customer has debts due to CS or one of its subsidiaries, CS reserves the right not to deliver the ordered goods until the Customer has paid all debts due.
c. Goods not received must be reported within 10 days of delivery (see point 3.4).
d. If the Customer refuses to accept the products ordered, a flat-rate processing fee of CHF 30 plus postage and packaging will be payable per consignment. These costs will be calculated separately and invoiced to the Customer immediately.
e. Delivery is deemed to have taken place when the products have been handed over to the Customer (e.g. by post). Profits and risks are also transferred to the Customer at the same time.
f. If the order includes several products, the Customer must accept partial deliveries. In the event that certain products are no longer available, the sales contract will be considered null and void only for those products that are no longer available.
g. All costs incurred in respect of undeliverable/returnable packages will be invoiced in full to the Customer.
h. CS reserves the right to change delivery charges at any time.
7.
Droit de retour
a. For reasons of hygiene and product safety, CS grants a right of return on the sole condition that the products are returned unopened, undamaged and complete in their original packaging. The right of return applies up to 10 days after delivery (as evidenced by the postmark). Its conditions can be negotiated for B2B customers. For B2B customers, an RMA number is required for the return of goods.
b. In the event of a return, all shipping costs are to be borne by the Customer.
8. Warranty and claims
a. CS guarantees that the products dispatched have been stored in an appropriate manner and delivered in their original packaging within the limit of their shelf life. The Customer is obliged to examine the delivered products for completeness and to report any defects immediately upon receipt. Complaints must be made in writing and without delay to CS – in the case of visible defects no later than 5 days after receipt, in the case of non-visible defects immediately after their discovery. Otherwise, the Customer acknowledges that the delivery was made in accordance with the contract and that the goods delivered were in perfect condition. Minor deviations that are customary in the trade and are based on material characteristics do not constitute defects.
b. Defective products may be returned after contacting CS. CS will provide the Customer with replacement products in the case of defective goods or issue a corresponding credit note after agreement, unless the Customer has not notified the defect in accordance with the above provisions. Any other warranty, in particular with regard to the properties and effects of the products, is excluded to the extent permitted by law. This also applies to any product liability.
c. CS is under no obligation to provide a replacement delivery if it can demonstrate that it is not responsible for the defect complained of, for example in the event of improper use of the product or use for purposes other than those intended or subsequent modification of the products by the Customer. Claims for compensation due to any errors in the images, price indications and texts are excluded.
d. Product images may vary from products ordered/delivered. Once opened, products can be stored for at least 3 months in a dry place.
9.
Protection des données
a. The Customer’s personal data is collected and processed with the utmost care within the framework of the legal provisions in force and in accordance with the Privacy Statement. When you place an order in our online shop or subscribe to our newsletter, we record and process your personal data, in particular to process and manage your orders or for promotional purposes. CS may use the services of third parties for this purpose (e.g. carriers and payment service providers), taking particular care to ensure that any personal data transmitted when selecting these auxiliaries and service providers is anonymised as far as possible and processed exclusively for the purposes of the contract and is not passed on to third parties. Further information, including details of the auxiliaries and service providers appointed, can be found in the confidentiality declaration. Customers may at any time revoke the use of their personal data in its entirety or for individual measures (e.g. for advertising purposes).
b. Depending on the payment service provider you select during the order process, we will pass on the payment data collected for this purpose to the credit institution responsible for payment and, where applicable, to the payment service provider commissioned by us or to the payment service selected. Some of this data is collected by the selected payment service providers themselves, provided you have / create an account with them. In this case, during the order process, you will need to log in using your login details with the payment service provider. In this case, the privacy statement of the respective payment service provider applies. In the event of advance payment, e.g. in the case of payment on account, and in order to safeguard our justified interests, we may carry out a creditworthiness check using a mathematical and statistical approach with a commercial information company. To this end, we pass on the personal data required to carry out the creditworthiness check to a market research company and use the information obtained on the statistical probability of non-payment to make a documented decision regarding the creation, performance or termination of the contract. On request, we will provide you with the names of the credit reference agencies we use.
10. Disclaimer of liability
a. CS is only liable for direct damage resulting from intentional acts or gross negligence on the part of CS. Any liability for direct damage caused by slight negligence, irrespective of the applicable law, is expressly excluded, subject to mandatory statutory provisions. Any liability on the part of CS for indirect or consequential damages, irrespective of the applicable law, is expressly excluded. Liability is also excluded for any auxiliary persons called in, for technical problems and disruptions to the online shop, and for damage to the user’s equipment and software.
b. CS takes all necessary precautions to ensure that the content of the online shop is complete and correct. However, CS cannot assume any guarantee for the accuracy and reliability of the data. Liability claims against CS relating to material or immaterial damage caused by incorrect or incomplete information are also excluded in the context of point 10.a..
11. Miscellaneous
a. The most recent version of the General Terms and Conditions of Sale and the Privacy Statement shall apply.
b. All legal relations between CS and the Customer are subject to Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes shall be Aigle.
c. All intellectual property rights contained and indicated on the www.cellularswiss.ch website, for example product names and designs, are the property of CS or the manufacturers of the products. Any use other than personal use permitted by law is prohibited, unless CS has expressly agreed to such use in writing. In the event of infringement, CS reserves the right to take appropriate legal action.
d. If one or more of these provisions should prove to be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision will then have to be replaced by a valid provision that best achieves the intended economic objective.
e. GTC CS SA, version April 2018
