General terms and conditions of sale

Status 15 July 2020

 

  1. Scope of application

The general terms and conditions of business (hereinafter referred to as "GTC") apply to orders and contracts concluded via the oneodio.ch online shop (hereinafter referred to as the "online shop").

The online shop reserves the right to change the GTC. The version of the GTC valid at the time of the order shall apply. It cannot be changed unilaterally for the order in question.

The French version of the General Terms and Conditions of Business is authoritative.

 

  1. Offer

The offer is intended for customers domiciled in Switzerland or Liechtenstein. Products are only delivered to addresses in Switzerland or Liechtenstein.

The offer is valid as long as it appears in the online shop, within the limits of available stocks. Price and assortment changes are possible at any time. Advertising images, in brochures, the online shop etc. are for illustration purposes only and are not binding.


 

  1. Order

The display of products in the online shop is not legally binding. This is an online catalogue presented for information purposes only, in order to invite customers to order the product and/or service through it.

An order within this framework is considered as a request to conclude a contract with the online shop.

After transmitting the order, the customer automatically receives an acknowledgement of receipt, which confirms that the order has arrived at the online shop. Once this confirmation has been sent, the customer can no longer modify the order and is obliged to honour it.

The online shop may, without justification, refuse all or part of the order. In this case, the customer is informed and any payments already made will be refunded. Further claims are excluded. Temporarily unavailable products can be purchased subject to an extension of time.

 

  1. Conclusion of the contract

The contract shall only come into force upon dispatch of the ordered products / setting of a delivery date / delivery of the invitation to collect the product. The customer is informed by e-mail as soon as the order is sent.

However, if the subject matter of the contract corresponds to a special execution or order, then the contract is concluded with the acceptance of the order by the online shop.

 

  1. Awards

Prices are in Swiss francs, including value added tax (VAT) and, if applicable, advance recycling tax (ART).

The price indicated in the online shop at the time of the order is authoritative. In the case of a reservation, the price charged at the time of payment in the shop concerned applies.

Additional chargeable services such as delivery, assembly, etc. are shown separately in the shopping cart and on the invoice.

  

  1. Methods of payment

Payments must be made in Swiss francs.

a) Electronic means of
paymentPayments via e-banking, bank or post office payments, credit cards (Visa, Mastercard, American Express), TWINT and debit cards (Postcard) are accepted as means of payment. Debit on credit cards where debit is made at the time of order.

b) Purchase on account
The online shop may, at its sole discretion, offer purchase on invoice (with or without instalment payment option). It has the option of making the means of payment dependent on a positive creditworthiness check and any other prerequisites it deems necessary (e.g. minimum age, Swiss domicile). The customer shall not be entitled to invoice payment or payment by instalments.

The customer acknowledges that a creditworthiness check may be carried out in connection with the conclusion of the contract and that personal data is stored for this purpose and passed on to a company commissioned for the purpose of the creditworthiness check.

In the case of payment by invoice, the online shop can assign the purchase price receivable to a payment partner. If payment processing is handled by a payment partner, the customer receives the invoice directly to the e-mail address or postal address that he or she specified when placing the order. The invoice amount must be paid directly to the payment partner within 20 calendar days of the invoice date. In the event of late payment, interest on arrears as well as administration costs shall be charged. The general terms and conditions of the payment partner shall apply. By placing an order, the customer declares his acceptance of this assignment of receivables.

c) Gift cards/codes/vouchersYou
can use Oneodio gift cards/codes/vouchers as a means of payment with us. If the amount available on the card/code/voucher allows it, the total value of the current order will be debited. If not, the part of the total value that corresponds to the balance on the card will be debited. Except in special cases, more than one card/code/voucher can be used for an order.

If part of the order cannot be delivered, the part of the gift card that has not been invoiced will be refunded. In this case, Oneodio.ch customer service will contact you and the corresponding amount will be credited to you.

 

  1. Retention of title

The products ordered remain the entire property of the online shop until full payment is received. The online shop is entitled to make a corresponding entry in the register of retention of title. Before transfer of ownership, any pledge, pledge or transformation is prohibited without the express permission of the online shop.

 

  1. 10. Modes of delivery

a) Delivery (parcel / home delivery)
The delivery address must be located in Switzerland or Liechtenstein and be easily accessible by truck.

Home delivery generally includes delivery of the order to the curb. Exceptions:

If the delivery point is not or not easily accessible, the products are delivered to the accessible point or to a nearby depot. If the customer still wishes to have the products delivered to his or her home, he or she must bear and pay the additional costs in advance. The customer is responsible for the application for permits, the provision of exceptional aids or adaptations to buildings. If the products cannot pass through the access door, front door or staircase of the designated delivery location, additional costs to be borne by the customer shall apply.

If the packaging or contents of the object of sale show visible damage on delivery, the customer must immediately notify the contractor (e.g. forwarder, post office) without loss of warranty and refuse the goods. The customer must obtain confirmation of the damage from the service provider (e.g. forwarder, post office). Any damage in connection with the delivery must also be reported immediately to the online shop.

If the customer does not receive the ordered product on the date set, the online shop reserves the right to charge the costs incurred and to withdraw from the contract.

Home delivery charges are shown separately in the shopping cart and are added to the price of the products ordered.

 

  1. Digital Products

The following provisions apply to the digital products offered in the Oneodio.ch online shop.

a) Order / conclusion of contractAfter
sending his order for a digital product, the customer automatically receives an order confirmation containing a link where the purchased product can be downloaded.

The contract is concluded immediately after the transmission of the order.

(b) Exchange and
returnDigital products may not be exchanged or returned.

c) Liabilityoneodio
.ch accepts no liability for the content of digital products and the content of the legal data protection provisions and their compliance by the operators of the linked pages for downloading. In addition, oneodio.ch also accepts no liability for programs that cannot be used, in particular due to insufficient configuration requirements, unsuitable terminals or incorrect installation, as this list of causes is not exhaustive.

d) Rights of useAll
digital products offered are intended for private, non-commercial use only. Any other use constitutes an infringement of copyright. The making of copies for the purpose of sale, commercial rental or public distribution is prohibited.

By acquiring digital products, the purchaser obtains the simple, non-exclusive, non-transferable and non-sub-licensable right to use the title in the manner proposed. Oneodio.ch is authorised to limit the possibility of downloading at any time, temporarily or permanently, or to terminate it entirely.

 

  1. Delivery date

The delivery times indicated in the online shop are purely indicative. They start from the order or, in the case of advance payment, from the receipt of payment, except in the case of pre-sales.

A provisional delivery date is notified to the customer with the acknowledgement of receipt of the order.

If the online shop is unable to deliver on the final delivery date, the customer is entitled to cancel the order in writing. The cancellation is valid if it reaches the online shop after the delivery date and before the order is sent. In the event that the dispatch of the order crosses the receipt of the cancellation letter from the customer, the customer has a right of return in accordance with point11. . If the goods are not returned within this period, the contract shall be deemed to have been accepted.

Further claims due to delayed or (partial) non-delivery are excluded.

The right of cancellation in the event of late delivery is waived for special executions and orders.

 

  1. Right of return

It is possible to return the goods within 7 calendar days after delivery of the material, based on the postmark or the date of confirmation of delivery / receipt. If the customer is unable to present a delivery / receipt confirmation, the 7-day period starts from the dispatch of the order.

The product must be returned in its original packaging, undamaged, clean and complete with all possible accessories. A possible seal must be intact.

Excluded from the right of return (but not from warranty claims) are

- Executions and special orders

 

The product must always be returned with the proof of purchase and if a return slip is available, it must be duly completed. The following conditions apply to the different delivery methods:

  • Sending a package: if the product has been sent as a package, it must be returned to the address indicated on the return slip or, if not available, to the following address:

Oneodio Switzerland
c/o Cadoux Sàrl
Route de Vers-chez-les-Rod 13
1088 Ropraz

 

The return costs are at the customer's expense.

 

  1. Warranty

In the case of online purchases, the warranty voucher is sent to the customer by email at the same time as your order. This voucher as well as the proof of purchase must be kept carefully. Without them, any warranty claims will be null and void.

The guarantee is valid for two years from the conclusion of the contract, the postmark or the confirmation of delivery / receipt. It covers defects in quality and function for the product purchased by the customer.

If a product is covered by a warranty of more than two years, the warranty is extended accordingly. If the manufacturer grants warranty claims that are more extensive than those provided for in the warranty, the customer shall be entitled to benefit from them to the extent provided for.

The warranty does not include normal wear and tear, the consequences of improper treatment, damage by the customer or a third party, defects due to external circumstances (normal reduction in battery performance, scale, leaking batteries/batteries/accumulators, loss of data, software error, computer virus, product processing, freezing, lightning, etc.). The warranty is only valid if repairs have been carried out exclusively by oneodio.ch authorised services.

Oneodio.ch may choose the way in which the guarantee is carried out between free repair, replacement by an equivalent product or reimbursement of the price paid. All other claims are excluded.

 

  1. Claim

If the packaging or contents of the object of sale show visible damage on delivery, the customer must immediately notify the contractor (e.g. forwarder, post office) without loss of warranty and refuse the goods. The customer must obtain confirmation of the damage from the service provider (e.g. forwarder, post office). Any damage in connection with the delivery must also be reported immediately to the online shop.

It is also the customer's responsibility to check the products ordered immediately upon receipt and to notify the online shop in writing of any defects or differences with the order within 7 calendar days. After this period has elapsed, only hidden defects can still be claimed.

A defective product must be returned immediately with the proof of purchase and the return slip to the address indicated with the corresponding assortment.

 

  1. Data protection

Oneodio.ch draws attention to the fact that the data collected in the context of the conclusion of the sale and intended for the fulfilment of the obligations arising therefrom will be processed and used. The data required for the provision of services and the fulfilment of the contract may also be passed on to authorised partner service providers (e.g. logistics companies, service partners, debt collection agencies). By accepting these GTC, the customer consents to this use of data.

 

  1. Applicable law and place of jurisdiction

Swiss substantive law applies to the legal relationship between the online shop and the Customer, to the exclusion of the provisions on conflicts of law and the Vienna Convention.

The place of jurisdiction for natural persons is Lausanne. For legal entities, the ordinary courts of the Canton of Vaud have exclusive jurisdiction.

 

Contact and customer service

Do you have a question? Have a look in our FAQ! There you will find the most frequently asked questions / answers.

Please contact Oneodio Switzerland via the contact form in the online shop if you have any questions about your purchase (before and after).