Terms & Conditions
General Terms and Conditions of SWISS-MALL.CH (GTC)
1. Scope of application
The use of this website and the business relations between SWISS-MALL (www.swiss-mall.ch / Erokhina Ekaterina, Chammerstrasse 75, 6300 Zug) and its customers are subject to the following General Terms and Conditions (GTC) in the version currently available and valid when calling up the website or ordering goods. The offer on this website is aimed exclusively at customers resident in Switzerland.
A customer is any natural and legal person who maintains business relations with SWISS-MALL. The general terms and conditions, the terms of delivery and payment as well as the data protection regulations may change from time to time. SWISS-MALL asks you to read these terms and conditions carefully each time you visit the website and order goods.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of SWISS-MALL in order to be valid. When using this website or placing an order for goods, the customer agrees to fully accept these General Terms and Conditions of Business including delivery and payment conditions.
Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is SWISS-MALL.
2. Information on this website
SWISS-MALL contains information about products and services. Price and assortment changes as well as technical changes are reserved. All information on www.swiss-mall.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. SWISS-MALL makes every effort to provide accurate, complete, up-to-date and clear information on this website, but SWISS-MALL can neither expressly nor implicitly warrant this.
All offers on this website are subject to change without notice and do not constitute a binding offer.
SWISS-MALL cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are subject to change without notice.
3. Prices
Unless otherwise stated, SWISS-MALL's prices include statutory value-added tax. Prices are net prices in Swiss francs (CHF).
Unless otherwise specified, any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
SWISS-MALL reserves the right to make technical changes, errors and misprints. SWISS-MALL reserves the right to make price changes at any time and without prior notice. The sales prices do not include consulting and support services.
4. Conclusion of contract
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from SWISS-MALL. By placing an order via this website, including the acceptance of these General Terms and Conditions of Business, the customer submits a legally binding offer to conclude a contract. SWISS-MALL then sends an automatic "Order Confirmation" by email, which confirms that the customer's offer has been received by SWISS-MALL. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as SWISS-MALL sends a declaration of acceptance by email confirming the shipment of the ordered products or services.
Orders will only be delivered after receipt of full payment (exception: delivery against invoice) and as far as the goods are available. If, after conclusion of the contract, it turns out that the ordered goods cannot be delivered or cannot be delivered in full, SWISS-MALL is entitled to withdraw from the entire contract or from one part of the contract. If the customer's payment has already been received by SWISS-MALL, the payment will be refunded to the customer. If no payment has been made, the customer is released from the obligation to pay. In the event of a contract termination, SWISS-MALL shall not be obliged to make a replacement delivery.
5. Payment options, retention of title and reminders
The payment options indicated in the order process are exclusively available to the customer.
SWISS-MALL reserves the right to exclude customers from individual payment methods or to insist on prepayment without giving reasons.
The products delivered to the customer remain the property of SWISS-MALL until full payment has been received.
6. Delivery, obligation to inspect, notification of defects and return shipment
Deliveries will be sent by post or courier to the address specified by the customer in the order. Invoices are issued by email. With dispatch, the benefit and risk are transferred to the customer.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, SWISS-MALL can terminate the contract after notification of a complaint by email to the customer and setting a reasonable deadline and charge the costs for the handling.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify SWISS-MALL immediately in writing by letter or email to the address (imprint) of any defects for which SWISS-MALL warrants.
Returns to SWISS-MALL shall be made at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address indicated by SWISS-MALL (Erokhina Ekaterina, Chammerstrasse 75, 6300 Zug).
7. Right of withdrawal
The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline shall be deemed to have been met if the customer sends the written revocation by email ([email protected]) to SWISS-MALL within the deadline. The revocation does not require any justification.
Exercising the right of revocation leads to a reversal of the contract. The customer must return the goods within 14 calendar days unopened in sealed original packaging, complete with all accessories and together with the delivery note to the return address indicated by SWISS-MALL (Erokhina Ekaterina, Chammerstrasse 75, 6300 Zug). Returns to SWISS-MALL shall be made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 30 calendar days if SWISS-MALL has already received the goods or the customer can provide proof of shipment. Any original shipping fees paid by the customer for the delivery, will be deducted from the refund amount.
SWISS-MALL reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
(i). If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence.
(ii). If the contract relates to a service and the contract is to be fulfilled in full by the provider with the prior express consent of the consumer before the revocation period has expired.
8. Warranty
SWISS-MALL strives to deliver goods of impeccable quality. In the event of timely notification of defects, SWISS-MALL shall, during the statutory warranty period of generally two years from the delivery date, assume warranty for the faultlessness and functionality of the item purchased by the customer. SWISS-MALL reserves the right to make a warranty at SWISS-MALL's discretion by replacing or refunding the purchase price free of charge. Further claims are excluded.
The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer or third parties or defects due to external circumstances. The warranty for consumables and wearing parts is also excluded.
SWISS-MALL makes no representations or warranties as to the timeliness, completeness or accuracy of the data and the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, SWISS-MALL does not warrant or guarantee that the use of this website will not infringe any rights of third parties that are not owned by SWISS-MALL.
9. Liability
SWISS-MALL excludes any liability, irrespective of its legal basis, as well as claims for damages against SWISS-MALL and any auxiliary persons and vicarious agents. In particular, SWISS-MALL shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, damage to property and pure financial losses of the customer. We reserve the right to further mandatory statutory liability, for example for gross negligence or unlawful intent.
SWISS-MALL only uses hyperlinks to facilitate the customer's access to other websites. SWISS-MALL cannot know the content of these websites in detail, nor can it assume any liability or other responsibility for the content of these websites.
10. Data protection
SWISS-MALL may process and use the data collected within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of services can also be passed on to contracted service partners (logistics partners) or other third parties only in relation to these services.
11. Further provisions
SWISS-MALL expressly reserves the right to amend these General Terms and Conditions at any time and to enact them without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively, excluding conflict-of-law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
The place of jurisdiction shall be Zug, unless the law provides for mandatory legal venue.
12. Contact
If you have any questions about these terms and conditions, please contact us: imprint