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General Terms and Conditions
Version 3.1 dated 29.07.2021
The general terms and conditions cover all service provisions as well as products on offer in the on-line store swiss-domotique.ch, property of SDDS Sàrl, hereinafter designated swiss-domotique, and do not recognize any general terms and conditions of the buyer contrary to its own terms and conditions or which do not conform to its own terms and conditions.
1. Definitions
Within the framework of the present general terms and conditions, the terms “clientele”, “customer” and “buyer” have the same meaning and define any natural or legal person that visits and/or uses the website swiss-domotique.ch.
The “order” means the offer to buy, i.e. the offer made by the customer to Swiss-domotique to order the products and/or services of the latter.
The abbreviation “CO” designates the “Swiss Code of Obligations of 20 March 1911”, in its substance on the date of publication of the present general terms and conditions.
The abbreviations “art.” and “al.” mean “article” and “paragraph”.
2. Scope of Application
The present general terms and conditions apply to any purchase of products or services using the Swiss-domotique website, swiss-domotique.ch, and regulate the contractual relationship between Swiss-domotique.ch and its clientele within the framework of a distance sales system for home automation, computer and electronic products and items, by means of this electronic support. They are an integral part of the contract binding Swiss-domotique to each of its customers and determine all of the obligations of Swiss-domotique vis-à-vis its clientele.
In the event of a DISAGREEMENT about the contents of the present general terms and conditions, our clientele is urged NOT TO USE the website swiss-domotique.ch but to contact Swiss-domotique in order to establish a specific, written contract.
Without prior, written authorization from Swiss-domotique, the legal relationship binding Swiss-domotique to the customer remains regulated by the present general terms and conditions.
3. Preconditions for any Order
The customer declares that he/she has read and understood all of the present general terms and conditions, which are wholly indivisible, and that he/she is not prohibited in any way from entering the contract or in guardianship.
For any order placed on our website Swiss-domotique, the customer declares moreover that he/she has freely and wholly accepted the contents of the present general terms and conditions.
4. Conclusion of the Contract
Any order is placed either electronically on our website swiss-domotique.ch, or in writing or by email.
The offer to place an order (offer to buy) is considered to have been made at the time when the customer clicks on the option “confirm order” on the relevant webpage. By placing an order, the customer is bound and declares that he/she has formulated, with respect to Swiss-domotique, an offer to buy the product(s) selected beforehand on the website swiss-domotique.ch. Swiss-domotique reserves the right to accept or refuse this offer without giving any reasons for such on this subject.
The order confirmation and any annexes itemize all of the goods to be shipped (price and description) and services by Swiss-domotique.
The contract is concluded upon reception, by the customer, of the confirmation from Swiss-domotique, attesting its acceptance of the order (order confirmation).
The customer alone is responsible for checking that the order confirmation arrives. In the event that no order confirmation from Swiss-domotique arrives for the order placed, the customer is responsible for contacting Swiss-domotique in order to ensure that the order was correctly recorded and has been accepted.
5. Data Displayed on swiss-domotique.ch
All information of whatever nature, in particular any technical information or images displayed on the website swiss-domotique.ch are not contractual and are not binding upon Swiss-domotique.
Such information, just like the hyperlinks appearing on the website swiss-domotique.ch, are purely and merely indicative and may not correspond to the manufacturer’s data.
Therefore only guarantees of quality that has been expressly described as such in the order confirmation found with delivered goods are considered as such.
Swiss-domotique.ch reserves the right to make, at any time to the website swiss-domotique.ch, any modifications that are aimed at improving it, in particular in its layout.
6. Shipping of the Order
Swiss-domotique gives great importance to displaying current availability and delivery times with as much accuracy as possible in its on-line store. Due to production and delivery problems, late deliveries may however occur. This is why all information on availability and delivery times is given only as an indication and may be modified at any time.
Swiss-domotique only ships products to Swiss territories and to Liechtenstein. A delivery abroad can be envisaged under special arrangements and for orders for an amount over 200 CHF.
Delivery is made by means of any carrier such as, but not exclusively, the Swiss Post, for product(s) ordered, and shipment is made to the place indicated by the customer in his/her order.
Transport to the place of delivery is solely regulated by the general terms and conditions of the third party to whom Swiss-domotique has entrusted the goods ordered.
Once the goods ordered have been shipped, the parcel carrier is solely responsible for ensuring delivery of the item(s) ordered.
In the event of transport-related problems, the customer is responsible for transmitting, without delay and by registered letter with receipt of acknowledgment, the appropriate reservations or to formulate a reasoned complaint.
If the customer chooses the option “delivery”, it is incumbent upon the customer to ensure that access to the place of use is possible and assured. The customer must check that the product can enter through the access points (for e.g. stairs, doors etc.). If the product cannot be transported all the way to the place of use, the customer incurs any additional costs.
If the customer does not reception the products ordered on the agreed or indicated delivery date, Swiss-domotique can terminate the contract (annulation) and invoice the customer for delivery costs incurred and any possible losses in value.
If the customer does not pick up the products ordered (pick up at a branch) within a period of 14 calendar days from the agreed date, Swiss-domotique may terminate the contract (annulation).
7. Delivery Time
In the event of a late delivery on the part of Swiss-domotique, the customer is entitled (except for special orders) to withdraw from the contract on the 30th calendar day following the delivery date initially announced. In this event, Swiss-domotique refunds the customer any amounts already paid. There is no possibility of making a claim upon Swiss-domotique.
8. Shipment Error
The customer is bound to immediately check, i.e. on reception of the goods, that delivery conforms with the order.
The customer disposes however of a maximum period of five calendar days from the delivery date of the product (this day counting as the first day) in which to notify Swiss-domotique of any shipment error.
In the event that the error is due to Swiss-domotique, the costs arising from resending to the customer goods that conform to those ordered are at the expense of Swiss-domotique.
9. Retraction
See article 10.
10. Return of Goods
Each return of goods must have been notified by means of a return request form that can be found on the website swiss-domotique.ch. In the event of acceptance of the request by Swiss-domotique, the customer shall receive a Return Merchandise Authorization (RMA) number which must be sent without fail with the goods returned. In the event that the return request form is not accessible, a return request must be sent to us by email or by post.
Any package without a return number and which does not respect the provisions of the present general terms and conditions shall be refused.
All products having been the subject of an RMA agreement must be returned correctly packaged no later than seven days (weekends and public holidays included) from the delivery date.
In the event of a return of goods, and provided that this return has been accepted by Swiss-domotique, the replacement of the returned goods with an identical product is the general rule, and the refund of the price (by means of a credit note) is an exception.
For each return of goods to Swiss-domotique, the return shall only be accepted if each of the articles is returned in full and in such a condition that it can be resold, i.e. not unsealed, together with all of its original packaging and any and all accessories.
All goods returned shall be checked and tested by the technical service of Swiss-domotique.
Except in the event of shipment errors due to Swiss-domotique (art. 8 above) and goods under warranty within the meaning of the present general terms and conditions (art. 10 below), all returns may lead to charges being incurred.
10.1. 30-Day Right of Return
Each request of return must be the subject of a preliminary acceptance by Swiss-Domotique. Except in the case of the above exceptions, articles purchased from Swiss-Domotique may be returned within a period of 30 calendar days.
10.2. No Right of Return
In the following cases, we unfortunately cannot accept returns:
- the articles are damaged (with the exception of damage due to transport) or show signs of use;
- the product cannot be returned in its original packaging;
- accessories are missing;
- electronic software licences;
Opened articles of the following categories:
- consumables (toners, filters, ink cartridges, etc.);
- software with broken seals;
- books, DVDs;
10.3. Refunds
To the extent that the product can be returned, the following refund rules apply.
The article is found to be in its original packaging that has not been opened or damaged. The article has been ordered with other products: the article is refunded at the purchase price.
The article is found to be in its original packaging that has not been opened or damaged. The article has been ordered alone: refund of article at purchase price, but deduction of 10CHF to cover our delivery costs.
The article has been opened/used (exceptions: see 10.2.): deduction based on the condition of the goods (minimum 10%, minimum deduction: 10 CHF):
The packaging of the article is damaged: individual evaluation
In case of return of goods, we will either replace it with an identical product, or issue a credit against future purchases. Refunds will be provided in exeptional circumstances.
10.4. Return Costs
The shipping costs for the return of articles are generally at the expense of the sender. In the following cases, the return costs are covered by Swiss-domotique:
- on reception of a different article to that ordered;
- in the event of erroneous information in the on-line store;
- on reception of an article not ordered;
- on reception of an incomplete article.
11. Warranty
Swiss-domotique takes responsibility for the warranty guaranteeing absence of defects and the correct functioning of the product ordered for 2 years from the date of delivery and/or pick up from one of the branches. The warranty period continues to run even if a warranty service has been provided. Swiss-domotique may provide an alternative warranty service by:
- a free repair (the initial warranty period continues to apply to all products);
- a partial or total replacement with a product of the same used/repaired value (in the event of replacement in the 1st year of warranty, the initial warranty period continues to run, in the event of replacement in the 2nd year of warranty, the warranty period is one year from the date of replacement);
- a replacement with a new product by Swiss-domotique (new warranty period of 2 years from the date of replacement);
· a credit note at the current price (maximum amount corresponding to the sales price at the time of ordering); or
· a discount.
Wearable parts, in particular batteries, power packs, power supply leads, bulbs as well as software problems are excluded from the Swiss-domotique warranty.
Any return of goods for replacement due to defects, and which are declared as non-defective by Swiss-domotique’s technical service, gives rise to a handling fee of CHF 15.-- plus a technical service inspection charge. These goods are held and readily available to the customer on Swiss-domotique’s premises for collection at the customer’s expense.
In the event of an alleged defect, the customer declares that he/she shall accept the findings and conclusions of Swiss-domotique’s technical service.
Any defect noticed must immediately be made known by the customer to Swiss-domotique in order for such a defect to be covered by the warranty offered under the present general terms and conditions.
When buying multiple products, any possible defects, their replacement or impossibility to ship them does not invalidate the purchase agreement as a whole. Swiss-domotique processes the order for each product in an independent way from each another.
The customer is covered in all circumstances by the dispossession guarantee (art. 192 and seq. of the Swiss Code of Obligations).
12. Warranty Extension
Customers can extend the warranty by 12 or 36 additional months. The warranty extension consists of an extension of the warranty period in effect. The warranty extension can be subscribed to directly when buying a product or at the end of the normal warranty period.
The warranty extension period runs regardless of any warranty services rendered. Swiss-domotique may choose to replace the warranty with
- a free repair (the initial warranty period continues to apply to the entire product);
- a partial or total replacement with a corresponding used/repaired product (in the event of a replacement, the warranty period is one year from the date of replacement);
- a replacement with a brand new product by Swiss-domotique (new 2-year warranty period after the exchange);
- a credit note taking into account the present value of the purchased product (80% of the initial purchase price in the third year, 60% in the fourth, 40% in the fifth).
13. Warranty Extension / Express Exchange Service
Customers have the possibility to supplement the warranty with an express exchange service. The express exchange service can be subscribed to for a period of 2, 3 or 5 years. It means that you do not have to impatiently wait for your defective product to be repaired. Moreover, Swiss-domotique pays the shipping costs for the return of the defective product. The defective product shall be, within a period of one work day and in a branch or central storage facility of Swiss-domotique, replaced with a corresponding brand new product or the purchase price shall be refunded taking into account the present value of the product and the warranty period. The value of the purchased product is 100% of the purchase price in the first year, 100% in the second, 80% in the third, 60% in the fourth and 40% in the fifth. After replacement of the product, the new warranty period is 2 years from the date of replacement. The express exchange service can only be subscribed to for a single product and is not valid for the exchanged product.
14. Exclusion of Liability
Swiss-domotique is not liable for defects that the customer was aware of at the time of purchase (art. 200 CO).
Swiss-domotique is not liable for any non-respect, by the carrier entrusted with delivery or by any third parties, of delivery times for products ordered.
Any warranty is no longer valid if the buyer or a third party proceeds to make or have made inappropriate modifications or repairs or if, when faced with defects, the buyer or consignee of a defective product does not take all the appropriate measures to minimize any damage.
Any warranty is also no longer valid in the event of product deterioration due to an accident or an electrical event, abnormal or excessive use of the product or any non-conform use of it.
Swiss-domotique cannot be held liable for damage of any nature likely to have been caused by poor use of goods that it markets.
Swiss-domotique is not liable for any damage caused due to modifications by their manufacturers to products that it markets.
Swiss-domotique cannot be held liable in the event of total or partial non-execution of its obligations to its clientele, due to any event that can be attributed to force majeure or fortuitous events such as, in particular, flooding, fires, earthquakes, problems affecting our suppliers, exchange rate fluctuations, acts by public authorities, natural catastrophes.
Swiss-domotique is also not bound to pay compensation for any indirect prejudices caused such as, in particular, travel expenses, loss of profits, loss of data loss or corruption of any nature and on any media support whatsoever, costs incurred due to the impossibility to use the product concerned.
Swiss-domotique’s liability is in any circumstances limited to the value of the order and shall not be held liable following any errors or omissions that might have been present on the website swiss-domotique.ch despite all of the precautions taken in the presentation of products.
Any restrictions or exclusions, within the meaning of the present general terms and conditions, of the civil liability of Swiss-domotique (or of its ancillary staff/suppliers) vis-à-vis its clientele, are however without effect in the event of fraud or serious misconduct, or when they contravene the provisions of mandatory law.
15. Specific provisions on warranties and returns
Any product warranties for products sold by Swiss-domotique are those of the manufacturer, while any software warranties are those of the editor.
Any product considered as “software” or “consumables” cannot be returned if its packaging has been opened, if the product has been unpacked or if it has been used.
Swiss-domotique does not provide any warranty for incompatibility of the purchased product with the system of our clientele, with his/her electrical system or other components. Customers are urged to assure themselves via the product manufacturer, and prior to placing any orders on our website, of the compatibility of such products with their system, installation or with third-party systems for which their purchase is intended.
In the event of a return of goods due to a defect, the period for inspecting the product and, if needed, its repair, may vary from a few days to several months and is not in any circumstances guaranteed by Swiss-domotique.
During the lapse of time needed for inspection and repair of returned goods, no replacement equipment is provided and Swiss-domotique is not liable in any circumstances for any rental costs or charges for replacement equipment.
Any repairs following an incorrect configuration or incompatibility between various elements, even in general, any repairs following the occurrence of a problem in the implementation or use of products purchased are not covered by the warranty and are invoiced in full to our clientele.
Once Swiss-domotique has accepted that a product under warranty is returned to it for exchange, the normal average replacement time for such products is thirty work days from the date that Swiss-domotique receives the returned said goods. There is no guarantee however that this time period shall be respected as it is likely to vary in length depending on the stock situation of the replacement goods. Swiss-domotique is, in this respect, dependent upon getting the consent of its supplier to take back the goods under warranty before it proceeds to make the exchange.
Any product returned under warranty and which Swiss-domotique has agreed to exchange becomes the exclusive property of the latter.
16. Price
Our prices are composed of the selling price of products, which can be found on our website swiss.domotique.ch, i.e. the basic price for pick up from our store, in Swiss Francs and without discounts of any sort. Our prices are also subject to any incidental costs, for example shipping costs, as well as any other applicable taxes, levies, contributions and other royalties and fees collected in relation to the contract.
Customers are invited to contact Swiss-domotique if need be for any information about such costs before placing an order.
The only reliable price is the one in the order confirmation, and this is so even in the event of price fluctuations between the date of placing an order and the delivery date.
The basic price of each of our products includes Value Added Tax (VAT), the details of which are indicated separately. The VAT rate is the rate in effect on the date found on the order confirmation. Any changes in the VAT rate are immediately passed onto our prices.
17. Payment
Payment methods accepted by Swiss-domotique are solely those found on the website swiss-domotique.ch.
No special payment period is granted, except by express and prior consent in writing by Swiss-domotique.
In the event of overdue (late) payment by the customer, Swiss-domotique reserves the right to demand default interest at a rate of 5% of the total principle sum due as well as debt collection costs. Swiss-domotique also reserves the right to unilaterally suspend any shipment, even if the customer has already received an order confirmation.
In the event of total or partial non-payment for the goods ordered, Swiss-domotique reserves the right to take legal action to collect the debt or any other legal action deemed useful.
18. Price Quotes without Warranty
All inspections of material, all reinstallation of software and any other services provided by Swiss-domotique that are without warranty are performed on the basis of a written price quote, which is invoiced at an hourly rate that is available from our technical service.
Only written price quotes are valid and for the limited time period stated on them. Otherwise, their validity period is three days maximum from the date on which they were drawn up.
19. Risk Transfer and Retention of Ownership
Swiss-domotique retains exclusive ownership of each product shipped until receipt of payment for the full price, incidental costs included.
If goods are frozen or seized at the customer’s premises, the customer is obliged to participate, at his own expense and risk, in any measures necessary to ensure the protection of the property and its rightful owner.
20. Obligations of the Clientele
In its relations with Swiss-domotique and its personnel, our clientele must show curtesy and diligence. Customers are, in particular, bound to cooperate with our personnel by providing all the necessary information for the execution of the contract and by facilitating quick access to such information for our personnel.
In addition, each customer is, in particular, responsible for his/her own choice of goods, for the compatibility of the goods with his/her material and its use, as well as for telephone and/or postage fees when he/she contacts Swiss-domotique.
Our clientele is prohibited from transferring these obligations to a third party, without prior, written consent given by Swiss-domotique.
21. Contract Termination
Swiss-domotique reserves the right to terminate, at any time and without any compensation, the contract binding it to its customer in the event of the insolvability of the latter, or any serious and continuous breaches by the latter in the execution of his/her contractual obligations.
22. Intellectual Property Rights
All trademarks used on the website swiss-domotique.ch belong exclusively to their respective owners, and their presence should not, in any circumstances, result in the customer presuming that there exists any legal relationship between Swiss-domotique and the rightful owners of such trademarks.
The customer declares that he/she recognizes the existence of all of the rights of the rightful owners of all documents and media support such as plans and technical documents transmitted by Swiss-domotique or which can be found on its website.
The customer agrees not to reveal documents and media supports that he/she receives to third parties without having requested the written authorization of the rightful owner beforehand.
The customer declares that he/she agrees to only use documentation that he/she receives in a way that complies with the purpose for which it was issued, in accordance with legislation in effect and good moral standards.
23. Personal Data: Protection and Right of Access
In order to allow our clientele to make purchases on the website swiss-domotique.ch, it is indispensable that customers accept to provide certain information to Swiss-domotique beforehand.
Swiss-domotique promises its clientele that it will respect the provisions of the Swiss Federal Act of 19 June 1992 on data protection.
Data communicated to Swiss-domotique by customers is processed in a confidential manner and is not transmitted to third parties, other than to comply with a court order or with the consent of the customer concerned.
All customers of Swiss-domotique have the possibility to request, at any time (i.e. in the office open hours of Swiss-domotique), the modification or erasure of his/her data.
24. Transitional Provisions
All order confirmations with a date before the publication date of the present general terms and conditions remain subject to the previous version of the latter.
The present general terms and conditions apply to any order confirmation issued to our clientele from the date of their publication.
Subject to art. 21 above, the present general terms and conditions annul and replace the previous publication of the general terms and conditions.
25. Loyalty Points and Rewards
The system, which allows customers to accumulate loyalty points, is provided as an incentive and may be modified/withdrawn at any time by Swiss-Domotique.
The general conditions of use of this service are presented HERE.
26. Other Provisions
26.1. Non-Identifiable Returns
Returns for which we do not dispose of any information about the sender and which therefore cannot be returned to him/her are kept for a period of three months by Swiss-domotique before being disposed of.
26.2. Unclaimed and Unreturnable Goods Repaired under Warranty
If goods, which have been repaired under warranty in accordance with article 7, are not reclaimed by the customer at one of our branches within six months following the sending of an invitation to reclaim or cannot be returned to the customer, Swiss-domotique is entitled to decide what to do with the goods, and in particular to dispose of them.
27. Final Provisions
The place of jurisdiction is governed by the Swiss Jurisdiction Act.
Customers declare that they accept that the contractual relationship binding them to Swiss-domotique under the present general terms and conditions is exclusively governed by Swiss law.
For any situation that is not governed by the present general terms and conditions, the Swiss Code of Obligations applies. In the event of divergence of interpretations between the French, English and German versions of the present general terms and conditions, the French version prevails.
If any of the clauses in the present general terms and conditions are declared null and void by a court decision, the rest of them remain legally valid.