General terms and conditions of business
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions under all titles, which are concluded via the online shop www.https://phonedepot.ch/de/ (hereinafter referred to as "Online Shop"). The online shop is operated by Online Market Rieder GmbH (hereinafter "Online Market Rieder").
Online Market Rieder expressly and without restriction reserves the right to amend and/or supplement these GTC at any time and without giving reasons. The version of these GTC valid at the time of the order is decisive in each case, which cannot be changed unilaterally for the specific order. Conflicting or deviating from these terms and conditions of the customer are only recognized if Online Market Rieder has agreed in writing.
All orders in the online shop require the customer to be at least 18 years old. The customer expressly confirms compliance with these provisions with the order.
Orders can be rejected by Online Market Rieder at any time and without giving reasons.
The offer of products and services in the online shop is aimed exclusively at a clientele with residence or company headquarters in Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
The information about products in the online shop is compiled at the discretion of Online Market Rieder and is not binding.
All information, images and media data on the products and services offered are for illustrative purposes and are provided without guarantee and are therefore non-binding.
All prices represent final prices and contain the value added tax (VAT). Both are shown net in Swiss francs.
4. Conclusion of contract
The products and prices in the online shop are considered as a non-binding offer. Furthermore, this non-binding offer is always subject to the condition that the contract is dissolved if it is impossible to deliver or if the price quoted is incorrect.
Only by the order confirmation via email or by the delivery of the ordered goods by Online Market Rieder a purchase contract is legally concluded.
Orders oblige the customer to accept the products and services.
Subsequent changes or cancellations of orders of the clientele before shipment of the product are excluded in principle. Exceptions to this are at the sole discretion of Online Market Rieder.
5. Means of payment
Accepted means of payment are cash in advance, electronic means of payment and purchase on account:
With the purchase on prepayment the supply takes place only after entrance of the payment.
5.2 Electronic means of payment
Payments via credit cards (Visa, Mastercard) as well as payments via Paypal, e-finance (PostFinance) and PostFinance Card are accepted. If payment is made by credit card, the amount will be debited before the goods are dispatched.
If the customer does not meet his payment obligations in whole or in part, Online Market Rieder can immediately stop further deliveries of products to the customer.
Online Market Rieder may charge a processing fee of CHF 10.00 for each reminder.
In the event of three unsuccessful reminders, the invoice amounts can be assigned to a company commissioned with the collection.
The company entrusted with the collection shall claim the outstanding amounts in its own name and for its own account and may charge additional processing fees and interest on arrears.
Online Market Rieder can withdraw from the contract without giving reasons in case of delay of payment of more than 5 days.
5.3 Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our own.
6. Retention of title
Ordered products remain the property of Online Market Rieder until full payment.
Online Market Rieder is entitled to make a corresponding entry in the retention of title register. Before transfer of ownership, a pledge, transfer by way of security, processing or transformation of the ordered products is not permitted without the express consent of Online Market Rieder.
7. Shipping and delivery
Deliveries are made only to addresses in Switzerland or Liechtenstein and are generally free of charge and uninsured (A-Post).
The customer can have the ordered products delivered by registered mail. In this case, the customer bears the delivery costs.
The shipping risk (risk of loss) shall be borne by the customer.
The delivery times stated in the online shop are only indicative and are therefore not binding. Claims arising from delay in delivery or (partial) failure of delivery are excluded.
The order can be made in several partial deliveries and is at the discretion of Online Market Rieder.
If the customer does not accept the ordered products, Online Market Rieder may dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value of the products.
8. Defects and complaints
The customer must immediately check the delivered product for correctness, completeness and delivery damage.
Defects must be reported to Online Market Rieder in writing within 5 calendar days of delivery of the product.
If the customer fails to comply with his obligation to inspect and give notice of defects in accordance with this clause, the product shall be deemed to have been approved.
9. Voluntary right of return
Online Market Rieder grants the customer a voluntary right of return during a period of 30 days from delivery of the product.
The exercise of the right of return requires that the product in question is returned to Online Market Rieder in its original condition, unassembled, in its original packaging, undamaged, clean, complete, including any accessories and proof of purchase. In case of removal of a possible warranty seal, the right of return is excluded in any case.
The return of the product is at the expense and risk of the customer. If the product is returned due to a defect, Online Market Rieder GmbH reserves the right to test the product for functionality. If the product was wrongly returned due to a defect and a refund is requested by the customer, Online Market Rieder GmbH may retain 50% of the purchase price for the expenses.
The postage costs for returns are borne by the customer. If the purchase price for a product is refunded, any shipping costs paid are excluded from the refund.
10. Warranty and liability
Online Market Rieder warrants to the customer, subject to the following restrictions, that the delivered product is free from defects for 2 years from delivery of the product.
The warranty of Online Market Rieder requires that the customer has notified the defect to Online Market Rieder in accordance with point 8 GTC.
In the event of non-compliance with any operating or maintenance instructions as well as any installation or modification of the product by the customer, any warranty shall lapse. This also applies if the defect is due to improper use, storage and handling of the product. A warranty for normal wear and tear of the product as well as for consumables and accessories such as batteries, displays, small parts, etc. is excluded in any case.
If the customer carries out repair work himself or has such work carried out by third parties, he shall lose his warranty claims against Online Market Rieder.
Online Market Rieder is free to fulfil any warranty claims of the customer by rectification, reduction or cancellation. In the case of rectification, Online Market Rieder is entitled to commission third parties with the repair.
Any warranty claims against Online Market Rieder are the exclusive property of the buyer and are not assignable.
Online Market Rieder is only liable for intentional and grossly negligent behaviour. Liability for slight negligence, indirect and consequential damage (in particular loss of profit), damage caused by delay and for any acts and omissions of auxiliary persons is excluded to the extent permitted by law.
11. Data protection
The mandatory statutory data protection provisions shall be complied with
In the context of the conclusion of the contract, data of the clientele can be processed in the sense of the Federal Law on Data Protection.
The data necessary for service provision and contract fulfilment can also be passed on and sold to service partners (e.g. logistics companies, service partners, collection companies) at the discretion of Online Market Rieder.
The clientele has the right to assert their data protection rights at any time and to receive information about the stored personal data, to correct or supplement the personal data, to object to the processing of the personal data or to demand the deletion of the personal data. For this purpose, Online Market Rieder is to be contacted by email (customer email@example.com).
The customer agrees to these terms and conditions with this data processing.
12. Severability clause
If individual regulations of these AGB should be ineffective or impracticable or become ineffective or impracticable after order by the clientele, the effectiveness of the AGB remains unaffected in all other respects.
The invalid or unenforceable provision shall be replaced by a valid and enforceable provision, the effects of which come closest to the economic objective of Online Market Rieder.
The preceding regulations apply accordingly in the case that the AGB prove to be incomplete.
13. Place of jurisdiction and applicable right
All legal relations between Online Market Rieder and the customer are subject to Swiss law. The Vienna sales law is not applicable.
As far as legally permissible, Winterthur (ZH) is valid as exclusive area of jurisdiction.
These general terms and conditions are valid from 01 September 2019.