1. Scope of application

These General Terms and Conditions (GTC) govern the relationship between smartycom AG and its customers. The GTC are an integral part of all contracts for the supply of products and services or other services provided by smartycom AG. The GTC also apply to subsequent contracts, even if they are not expressly agreed again and sent to the buyer.

smartycom AG reserves the right to amend the GTC at any time. The version of the GTC valid at the time of the order shall apply, which cannot be unilaterally amended for this order. Any terms and conditions of the customer that contradict or deviate from these GTC are not recognised.

Amendments to these terms and conditions, supplementary agreements and ancillary agreements must be made in writing and confirmed by smartycom AG in order to be valid. Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.

All product names and logos are registered trademarks of the respective manufacturer. Product illustrations may be exemplary and may differ from the products supplied.


2. Offer

Our offers and information regarding the products we sell are subject to change and non-binding. In view of the continuous technical development and improvement of the products sold by us, we reserve the right to make changes to the prices, data, dimensions and weights stated by us at any time. This also applies to changes that serve to maintain delivery capability.

The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation sent to the e-mail address provided by the customer. Receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the order placed has been received by the online shop and that the contract has therefore been concluded, subject to delivery availability and correct pricing. The customer is then informed of a provisional delivery date in a separate order confirmation. There is no right of return for articles with a purchase obligation. Errors, mistakes or incompleteness in product details and prices are subject to correction.


3. Prices

The prices at the time of ordering the goods apply to the delivery.

Prices are generally quoted in Swiss francs (CHF) and include the applicable value added tax and are ex warehouse plus shipping costs. These are added separately to the invoice amount. Value added tax is duly shown on the invoice.

Surcharges for packaging and small quantities may be incurred on a case-by-case basis. This is particularly the case if such transactions occur on a regular basis.


4. Orders and conclusion of contracts

Orders will only be accepted at the prices and shipping and payment conditions applied. Orders via the online shop are accepted at the conditions offered in the online shop.

A purchase contract is only concluded with the written order confirmation (e-mail is sufficient) to smartycom AG or the acceptance of the goods by the buyer. If the order confirmation deviates from the order, the buyer must object in writing immediately, but at the latest within three working days of the order confirmation being sent. Otherwise, the purchase contract shall be legally effective under the conditions stated in the order confirmation.


5. Delivery times and delivery

The delivery dates for ordered goods are stated in our order confirmation. The deadline is met if the goods are dispatched before the deadline expires.

Goods that are in stock are usually dispatched within one working day. If the goods are not in stock when the order is placed, we will endeavour to deliver as quickly as possible. Partial deliveries are permitted.

In the event of non-compliance with an agreed delivery and performance deadline in the event of force majeure, which includes material shortages, operational disruptions, strikes, legal or official orders - in each case also at our suppliers - as well as late and incorrect self-delivery, smartycom AG is entitled to withdraw from the delivery obligation in whole or in part or, at its own discretion and in consultation with the customer, to postpone the delivery for the duration of the hindrance.

In the event of non-compliance with the agreed delivery period for reasons other than those stated above, the Buyer shall be entitled to set a reasonable grace period in writing (e-mail shall suffice) with the threat of refusal and, after its unsuccessful expiry, to withdraw from the purchase contract with regard to the deliveries and services included in the contract.

Claims for damages due to delay or impossibility or non-fulfilment, including those that have arisen up to the withdrawal from the contract, shall remain mutually excluded.


6. Delivery, dispatch, payment, transfer of risk and transport damage

Switzerland
The shipping costs are as follows:
Postage-free parcel deliveries from an order value of CHF 500.00

Parcel shipping
Flat-rate postage of CHF 9.90 up to an order value of CHF 500.00.
Postage-free parcel deliveries from an order value of CHF 500.00
Parcels weighing 30 kg or more or larger than 60 x 60 x 100 cm are delivered by lorry.

Lorry delivery (kerbside)
The postage for a pallet is CHF 95.00 excl.
For two pallets the postage is CHF 195.00 excl.

Delivery takes place within Switzerland or can be delivered directly to the customer from the production site.

The risk shall pass to the buyer as soon as the consignment of goods has been handed over to the carrier (post office, parcel service or other carrier used). The customer must check the goods for completeness and damage immediately upon receipt. If no complaint is made within a period of five working days after receipt of the delivery, acceptance shall be deemed to have taken place.

The recipient is also obliged to check the consignment for external integrity upon receipt. In the event of recognisable transport damage, an immediate confirmation must be issued by the deliverer. In the event of concealed transport damage to the delivered goods, the buyer must lodge a corresponding complaint with the carrier used (post office or parcel service) immediately after discovery (i.e. within 1-2 days) and request confirmation of the damage that has occurred.

The customer shall receive a replacement delivery free of charge in return for sending in the defective goods together with the aforementioned documents.


7. Warranty and disclaimer

smartycom AG warrants that the delivery items are free from material and manufacturing defects at the time of the transfer of risk and have the warranted characteristics.

The warranty period is 24 months and begins on the date of transfer of risk.

Differing warranty provisions, which are noted on the packaging of the items, for example, may be declared by the manufacturer on a country-specific basis. These guarantee provisions cannot be utilised and are therefore deemed null and void. smartycom AG accepts no liability for direct or indirect damage or loss of assets in the event of defects or improper handling.

Upon receipt of the purchased item, the customer is obliged to inspect the goods immediately for quality and defects. In the case of obvious defects, these must be reported in writing immediately, at the latest within five working days of receipt of the goods (e-mail is sufficient). The defective delivery items must be kept ready for inspection by the Seller in the condition in which they were at the time the defect was discovered. At the Seller`s request, the Buyer must send the purchased item to the Seller with a precise description of the defect and a copy of the invoice with sufficient postage paid. In the event of a breach of the aforementioned obligations, the warranty for these defects shall lapse.

If a hidden defect in the delivered products becomes known, smartycom AG may exchange the goods to remedy the defect.

If the replacement delivery fails after a reasonable period of time, the purchaser may demand a reduction in the purchase price or cancellation of the purchase contract. Further liability claims on the part of the Purchaser due to delayed discovery of delivery damage and for indirect or direct consequential damage arising from the delivery of defective goods do not exist - irrespective of the legal grounds.

We accept no liability for damage or defects resulting from improper use, storage, operation and incorrect or negligent handling. The warranty also does not cover normal wear and tear or consumption. Likewise, any warranty is automatically cancelled if the buyer carries out interventions, modifications and repairs himself, removes serial numbers/stickers with serial numbers or breaks the warranty seal.


8. Right of return

In principle, there is no right of return, provided the goods are in perfect condition and in working order.

A return can only be granted by special agreement (e-mail or letter), provided that the purchased item is returned unused and in perfect new condition. The goods are considered unused if they show no signs of use and are returned in undamaged and unglued original packaging (price labels, etc.) complete with all accessories. We would like to point out that by opening the original/sales packaging or sealed plastic films, our copyright protection and warranty conditions are automatically recognised. In the event of significant deterioration, e.g. soiling, damage, damaged sales packaging, missing or damaged documentation, incomplete return, etc., we expressly reserve the right to refuse to take back the goods.

Returns will only be accepted by us if they have been properly and sufficiently stamped. We will refund the purchase price to the buyer immediately after receipt of the goods, but not the shipping costs, taking into account the above conditions. Costs for the use of carriers other than the postal service cannot be accepted.


9. Reservation of title

We reserve title to the purchased item until all claims arising from the contractual relationship, including ancillary claims to which we are entitled for whatever legal reason, have been fulfilled in full.

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10. Liability

Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against smartycom AG and against its vicarious agents, except in cases of wilful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products. Any claim for damages relates exclusively to the delivery item. Consequential damage caused by defects is excluded from liability. Claims for damages and warranty claims are not transferable to third parties.


11. Data protection

smartycom AG uses the personal information provided by the customer only in the context of the customer relationship between the customer and smartycom AG. smartycom AG takes the protection of data very seriously, which is why the statutory provisions on data protection are naturally observed. Every effort is made to keep customer data confidential. In addition, it is also important to smartycom AG that the customer knows at all times what data is stored about him and how it is used. To protect personal customer data, smartycom AG also restricts access internally to as few employees as possible.


12. Applicable law, place of fulfilment and place of jurisdiction

Swiss law applies to all legal relationships between smartycom AG and the buyer.

The place of fulfilment for all services owed by both parties under the contract, including any warranty claims, is Mägenwil.

The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Aarau.


13. Final provisions

If individual provisions of the supply contract or these General Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions. The contracting parties agree to replace an invalid provision with a valid provision that best fulfils the economic objectives of both parties. The same applies in the event of a gap in the contract.

Amendments or additions to this contract must be made in writing to be effective.


smartycom AG
Hintermättlistrassse 1
5506 Mägenwil