Terms and conditions of use
Please note: Only the German original of these General Terms and Conditions of HandyMarkt 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.HandyMarkt.ch
These general terms and conditions also apply to all legal transactions made within the scope of HandyMarkt’ merchant programme (hereinafter “merchant programme”). The merchant programme allows selected third-party providers (hereinafter “merchants”) to offer products and services under their own name and sell them to customers via the HandyMarkt online shops.
The range of products and services available in the online shop, including the scope of the merchant programme, (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.
Large orders exceeding a standard amount may be refused without reason.
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 to be 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, packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. Only the minimum order surcharge – if applicable – is excluded.
In addition to the final price,.–. HandyMarkt and the merchants reserve the right to change prices of products and services 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, insurance etc., are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery times
HandyMarkt is committed to providing 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 for HandyMarkt as well as for merchants. 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 the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from HandyMarkt shall be deemed concluded with HandyMarkt as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).
For products and services offered by a merchant, the contract is concluded between the merchant and the customer as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail. HandyMarkt only mediates in the sales and acts as intermediary and service provider for merchants, but does not act as contracting party for the customer.
Customers can see in the online shop and on the invoice who the supplier or rather the contracting party for any purchase is (either HandyMarkt or the merchant).
Customers are informed of their order placement by means of an automatically generated order confirmation by HandyMarkt, which 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 with HandyMarkt or the merchant 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 HandyMarkt or the merchant 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, HandyMarkt will refund the customer any amount paid in advance. No further claims towards HandyMarkt or the merchant apply.
5 Delivery/In-store collection
For products and services by HandyMarkt, all delivery and collection options described under “Delivery and collection” in the online shop are available to the customer.
Products and services purchased from a merchant can only be shipped to a customer and cannot be collected.
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.
If the customer chooses the option “delivery to place of use”, it is the customer’s responsibility to ensure the place of use is accessible. The customer must verify that the product fits through any entrances, for instance staircases, doors etc. If the products cannot be transported to the place of use, the customer must bear any additional charges.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, HandyMarkt or the merchant may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
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, HandyMarkt may withdraw from the contract (cancellation).
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform HandyMarkt of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. This also applies to products and services by merchants. The customer is aware that this information needs to be given via the section “Returns and warranty” in his/her personal customer account. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in “Returns and warranty” in the personal customer account.
7.1 Basic provisions
HandyMarkt or the merchant warrant for two years from delivery date or in-store collection that the ordered product will be free from defects and fully functional. This warranty period continues to be valid irrespective of the fulfilment of possible warranty services. HandyMarkt or the merchant shall provide warranty either by
· repairing the product free of charge (original warranty period continues to apply to the entire product);
· providing a partial or full replacement with an equivalent product (for replacement within the first year of warranty, the original warranty period continues to apply. For replacement within the second year of warranty, the warranty period is one year starting from the time of replacement);
· replacing the product through HandyMarkt (the warranty period of two years starting from the time of replacement applies)
· providing a refund at current price (no more than the sales price at the time of the original order); or
· giving a price reduction.
HandyMarkt or the merchant explicitly exclude warranty for wear and tear parts such as 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 HandyMarkt or the merchant, HandyMarkt or the merchant shall grant the former to the customer.
When returning a data carrier or a product containing data storage to HandyMarkt or the merchant, 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 HandyMarkt nor the merchant assume liability for potential loss of data.
While the warranty claim is being processed, both HandyMarkt and the merchant 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 HandyMarkt or the merchant. If the warranty claim is rejected by HandyMarkt or the merchant, 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.
All further-reaching and in particular the legal provisions for warranty are excluded.
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. 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 from delivery or in-store collection applies to these products.
The customer 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 HandyMarkt or the merchant.
7.3 Warranty extension
Customers may purchase a warranty extension for additional 12 to 36 months. A warranty extension prolongs the existing warranty. A warranty extension can be concluded upon purchasing a product or until the existing warranty has expired.
The duration of the warranty extension shall continue irrespective of the provision of any warranty services. HandyMarkt may offer the warranty service by either of the following:
· free repair (original warranty continues for the entire product);
· partial and complete replacement with an equivalent used/repaired product (in case of replacement, the warranty period is one year starting from the date of replacement);
· replacement with a new product by HandyMarkt (new warranty period of two years starting from date of replacement);
· refund at the current value of the purchased product. This being 80% of the original purchase price for the third year, 60% for the fourth year and 40% for the fifth year)
In the case of warranty extensions with the «Pick-up & Return» option, an appointment is made and the device is collected from and delivery to the customer address. The device must be packaged appropriately and ready for collection at the agreed time. General cargo shipments can only be picked up and delivered from the curbside.
7.4 Warranty extension / Express replacement service
Customers may add an express replacement service to a warranty extension. The express replacement service is available for two years and means there is no waiting for a faulty device to be repaired as you will immediately be presented with a solution. In addition, HandyMarkt pays the delivery costs for the return of the defective product. The defective product will be replaced by a new, equivalent product within one working day after receipt at a HandyMarkt store or central warehouse or the purchase price will be refunded. In case of replacement, the new warranty period is two years starting from date of replacement. The express replacement service only applies to one product at a time and can be acquired up to 30 days after the purchase of the product at the latest.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall HandyMarkt or the merchant 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 HandyMarkt or the merchant, be this contractual or non-contractual.
Moreover, HandyMarkt or the merchant will not accept any liability in the following cases:
· 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 HandyMarkt 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).
9.1 Payment methods
HandyMarkt claims all payments for products and services purchased on the HandyMarkt online shops directly from the customer. Merchants assign any payment claims resulting from the purchase contract between the merchant and the customer to HandyMarkt (cession). The customer acknowledges this cession and is obliged to make payments to HandyMarkt only.
Payment must be made in Swiss Francs.
Cash payment is possible for in-store collection of products from HandyMarkt only. Products and services by merchants cannot be collected in-store and thus cannot be paid for in cash.
Payment methods available to customers for the online shop are listed under “Payment methods”.
The current fees can also be viewed under “Payment methods” and are given in detail in the ordering process.
When paying by credit card or other instant payment methods, 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 HandyMarkt main warehouse are reserved until the expiration of the payment term, which is at least 19 calendar days. This also applies to products that are ordered from an external source, but processed and shipped in our warehouse. Products that are delivered to customers directly by a merchant or an external distributor are only ordered upon receipt of payment.
For fee-based purchases on account (only possible for products from HandyMarkt), 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 HandyMarkt for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). HandyMarkt may request immediate payment and suspend any further product deliveries to the customer.
HandyMarkt 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. 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 HandyMarkt or the merchant until payment is received in full. HandyMarkt or the merchant is entitled to make an entry in the register for reservation of ownership. Without the express consent of HandyMarkt, 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. HandyMarkt or the merchant 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 the Return policy, HandyMarkt and all merchants grant the right to return ordered products within a maximum of 30 calendar days, or for products from third parties within a maximum of 14 calendar days, from 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.HandyMarkt.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 HandyMarkt or the merchant. HandyMarkt and their service partners retain the right to carry out additional deletions/resets to the product and delete any personal data. A total loss of data must be expected. HandyMarkt 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, HandyMarkt 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. HandyMarkt or the merchant 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.
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14 Further provisions
14.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for six months by HandyMarkt or the merchant before being disposed of.