Zürichstore General Terms and Conditions (GTC)

As of: March 2023

1 Scope

The General Terms and Conditions (hereinafter referred to as “ GTC ”) apply to all legal transactions concluded via the online shops www.digitec.ch and www.galaxus.ch (hereinafter individually referred to as “ Online Shop ”). Both online shops are operated by Digitec Galaxus AG (hereinafter referred to as “ Digitec Galaxus ”).

The General Terms and Conditions also apply to all legal transactions concluded as part of the Digitec Galaxus dealer program (hereinafter referred to as the “ dealer program ”). In the dealer program, selected independent third-party providers (hereinafter referred to as “ dealers ”) can offer products and services in their own name and sell them directly to customers via the Digitec Galaxus online shops.

For products that are marked “used” in the online shop, these terms and conditions apply in addition to or in some cases deviate from these terms and conditions General purchase conditions resale platform (AKB) .

Digitec Galaxus reserves the right to change these terms and conditions at any time. The version of these General Terms and Conditions valid at the time of the order is decisive and cannot be changed unilaterally for this order. Customer conditions that conflict with or deviate from these General Terms and Conditions will not be recognized.

The offer of products and services in the online shop, explicitly also as part of the dealer program (hereinafter referred to as “ offer ”), is aimed exclusively at customers with a residence or company headquarters in Switzerland or Liechtenstein.

Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

The offer is valid as long as the product can be found via the search engine in the online shop and/or stocks last.

For all product orders requiring a minimum age of 18 years (especially alcohol and tobacco products), the customer confirms compliance with these legal regulations by placing the order.

Orders in non-standard household quantities can be rejected without justification.

2 information

2.1 Product and Price

Images of products in advertising, brochures, online shops, etc. are for illustration purposes and are non-binding.

All sales prices published in the online shop represent final prices, which include all taxes (in particular VAT), any advanced recycling fees (vRG), costs for packaging/s, delivery costs and all other possible duties, fees or costs. The only exception to this is a possible small quantity surcharge, which is charged by Digitec Galaxus. In addition to the final price, a small quantity surcharge of a maximum of CHF 9.00 will be charged if the total of the shopping cart in an order is less than CHF 50.00. Digitec Galaxus and the dealers reserve the right to change the prices of the products and services offered at any time. The decisive factor for the conclusion of the purchase contract is the price in the online shop at the time of the order.

If the customer orders from a dealer based abroad who is not registered in the Swiss VAT register, the customer, as the importer of the products delivered by the dealer, is liable for the Swiss import tax and any customs duties. The customer hereby authorizes and instructs Digitec Galaxus (or a third party commissioned by Digitec Galaxus) to carry out the import customs declaration of the products delivered by the dealer in Switzerland in the name and on behalf of the customer and to pay the Swiss import duties (import tax and any customs duties). The customer pays the expected Swiss import taxes in advance to Digitec Galaxus together with the purchase price. Any difference to the Swiss import taxes actually incurred will be refunded to the customer. Digitec Galaxus provides the customer with an import tax notice in a suitable form or enables it to be accessed electronically. The customer must raise complaints regarding the import duty notice within seven (7) working days of receipt or availability. After this period has expired, the customer has no recourse against Digitec Galaxus for any deficiencies in the import tax notice.

Additional paid services ordered from Digitec Galaxus, such as assembly, disposal, warranty extensions, insurance, etc., are offered by Digitec Galaxus. Such additional services are listed separately in the shopping cart and on the invoice.

2.2 Availability and delivery time

Digitec Galaxus attaches great importance to providing up-to-date and accurate information about availability and delivery times in the online shop. However, delivery delays may occur both at Digitec Galaxus itself and at dealers, particularly due to production or delivery bottlenecks. All information regarding availability and delivery times is therefore without guarantee and can change at any time.

2.3 Additional services: assembly and disposal

Assembly includes delivering, unpacking and assembling the ordered products including taking back the packaging material.

Disposal includes the receipt and environmentally friendly disposal of the items indicated by the customer when ordering. These must roughly correspond in type and quantity to the product ordered. The items to be disposed of must be made available by the customer in a timely manner for transport and on the agreed delivery date of the ordered products.

If the assembly service cannot be provided due to a reason for which the customer is responsible (e.g. due to failure to meet the assembly date, incorrect dimensional information, etc.), the customer is not entitled to a refund of the assembly service paid.

2.4 CO2 compensation

Digitec Galaxus can give the customer the choice of making a contribution of a maximum of 5% of the value of the goods to offset the CO2 emissions of their purchase. If this selection is available, it will be displayed to the customer in the order overview along with the amount of the climate contribution. Digitec Galaxus collects the climate contribution with the support of a third-party provider. The contributions flow into selected environmental projects. Find out more about this here . Once the order has been prepared for shipping, the climate contribution paid can no longer be refunded. Digitec Galaxus does not guarantee that information, assurances or calculations regarding the climate contribution made by Digitec Galaxus or third parties are correct.

3 Conclusion of contract

The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition that delivery is impossible or that the price is incorrect, which terminates the contract.

The purchase contract for products or services from Digitec Galaxus is concluded with Digitec Galaxus as soon as the customer places their order in the online shop, in one of the branches, by telephone or by email (hereinafter referred to as the “ purchase contract ”).

For products and services offered by a retailer, the contract is concluded directly between the retailer and the customer, at the time of ordering in the online shop, in one of the branches, by telephone or email. Digitec Galaxus merely brokers these purchases. In this case, Digitec Galaxus only acts as an intermediary and service provider for the dealer, but does not itself become the customer's contractual partner. For products and services offered by a dealer based in Germany who is not registered in the Swiss VAT register, the purchase contract is concluded at the price stated in the online shop in euros. Customers must pay in Swiss francs.

Customers can see in the online shop and on the invoice who the provider is or who is the contracting party for a purchase (i.e. Digitec Galaxus or a dealer).

The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from Digitec Galaxus to the email address they provided. Receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It simply shows the customer that the order placed has arrived at the online shop and that the contract with Digitec Galaxus or the dealer has been concluded under the condition that delivery is possible and the correct price is stated.

4 delivery date

With the order confirmation, the customer is informed of a provisional delivery date or the customer is contacted and an individual delivery date is agreed.

If Digitec Galaxus or the dealer defaults on delivery, the customer (except for special orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, Digitec Galaxus will refund the customer any amounts already paid in advance. There are no further claims against Digitec Galaxus or the dealer.

5 Delivery/Store Pickup

For products and services from Digitec Galaxus, customers have access to all delivery and collection options, which can be found in the online shop at “Delivery and collection” are noted.

Products and services that customers purchase from a retailer can only be delivered to the customer via mail order.

The customer's delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the customer will bear any additional costs.

If the customer chooses the delivery option “Delivery to the place of use”, the customer is responsible for ensuring that access to the place of use is possible and guaranteed. The customer must check whether the product fits through the entrances (e.g. stairwell, doors, etc.). If the product cannot be transported to the place of use, the customer will bear any additional costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, Digitec Galaxus or the dealer may terminate (cancel) the contract and invoice the customer for the delivery costs incurred and any loss of value.

If the customer does not pick up the products ordered from a branch (branch pickup) within 14 calendar days of the store being ready for collection, Digitec Galaxus may terminate (cancel) the contract.

6 Obligation to Inspect

The customer must immediately check delivered or collected products for accuracy, completeness and delivery damage.

For freight forwarding deliveries, any delivery damage must be noted on the delivery note.

Delivery damage, incorrect and incomplete deliveries, including for all products and services of a dealer, must be reported to Digitec Galaxus within 5 calendar days from the time of collection or delivery. The customer is aware that such a report must be made via the personal customer account in the online shop under the “Returns, repairs and support” section. Customers are not allowed to use such a product. You must keep it as received in the original packaging and follow the instructions for the guided returns process under “Returns, Repairs and Support” in your personal customer account.

7 Warranty

7.1 Basic provisions

Digitec Galaxus or the dealer guarantees that the ordered product is free of defects and functional for 2 years after delivery or store collection. The guarantee period continues regardless of the provision of any guarantee services. Digitec Galaxus or the dealer can choose to extend the guarantee

• free repair (original warranty period continues on all products);
• partial or complete replacement with an equivalent used product. (if replaced in the 1st year of the guarantee, the original guarantee period continues; if replaced in the 2nd year of the guarantee, the guarantee period is 1 year from the date of replacement);
• Replacement with a new product by Digitec Galaxus (new warranty period of 2 years from replacement)
• Credit at the current price (maximum the sales price at the time of the order); or
• reduction

provide.

Wearing parts such as batteries, rechargeable batteries, power cables, adapters, lamps and software problems are excluded from the guarantee by both Digitec Galaxus and the dealer. Otherwise, the exclusions of liability in accordance with Section 8 apply.

If the manufacturer's warranty goes beyond the guarantee of Digitec Galaxus or the dealer, Digitec Galaxus or the dealer also grants this to the customer.

When handing over a data medium or a product with data storage contained therein to Digitec Galaxus or the dealer, complete data loss must always be expected. The customer is responsible for proper data backup and protection of their data. Digitec Galaxus or the dealer assume no liability for any loss of data.

Both Digitec Galaxus and the dealer may, at their own discretion, provide the customer with a replacement device/exchange device while the warranty claim is being examined (exchange subject to change). This is done under the (suspensive) condition that there is actually a warranty claim. This means that the customer only gains ownership of the replacement product at the time the guarantee is confirmed by Digitec Galaxus or the dealer. If a warranty claim is rejected by Digitec Galaxus or the dealer, the customer can purchase the replacement device for the value of the goods at the time of delivery, or they are obliged to return the replacement device at their own expense.

All further and in particular statutory warranty provisions are excluded.

7.2 Additional provisions for used goods

Different provisions apply to the products that have already been discounted and are marked in the online shop as “As New + Tested”, “Used + Tested” or “Refurbished”. They may have slight visual defects or may be reconditioned products. These visual defects are excluded from the warranty and are mentioned in the item details. Otherwise, the following applies to these products Guarantee period of at least one year after delivery or store pickup.

The customer is aware that they are purchasing a used electronic product that may contain personal data of the previous owner/user and that Digitec Galaxus or the dealer declines any liability in this context.

7.3 Warranty extension

Customers have the option of purchasing a warranty extension of a further 12 or 36 months. The warranty extension is a time extension of the previous warranty. The warranty extension can be completed directly during product purchase or up to 30 days before the regular warranty expires, provided no defect has yet occurred.

The duration of the warranty extension continues regardless of the provision of any warranty services. Digitec Galaxus can choose to extend the guarantee

• free repair (original warranty period continues on entire product);
• partial or complete replacement with an equivalent used product. (if replaced in the 1st year of the guarantee, the original guarantee period continues; if replaced in the 2nd year of the guarantee, the guarantee period is 1 year from the date of replacement);
• Replacement with a new product by Digitec Galaxus (new warranty period of 2 years from replacement);
• Credit taking into account the current value of the purchased product (this is 80% in the 3rd year, 60% in the 4th year, and 40% in the 5th year of the original purchase price);

provide.

For warranty extensions with the “Pick-up & Return” option, an appointment will be made and the item will be picked up and delivered to the customer’s address. The device must be suitably packaged and ready at the agreed pickup time. All shipments are picked up and delivered curbside.

7.4 Warranty extension / express exchange service

Customers can extend the warranty of a purchased product with an express exchange service. The express exchange service is valid for the entire warranty period of the product. In the event of a warranty claim, thanks to the express exchange service, there is no need to wait for a repair: Digitec Galaxus will either replace the defective product with a new, equivalent product within one working day of receipt of the defective product or refund the purchase price. In the event of a warranty claim, Digitec Galaxus will also cover the postage fees for returning the defective product. If the product is replaced, the new warranty period is two years from replacement. The Express Exchange Service can be completed for one product at a time and does not apply to the replacement product.

8 Liability and exclusion of liability

8.1 Liability

Liability depends on the applicable legal provisions. However, under no circumstances will Digitec Galaxus or the dealer be liable for (i) slight negligence, (ii) indirect and indirect damages and consequential damages and lost profits, (iii) unrealized savings, (iv) damages resulting from late delivery and (v) any actions and omissions by Digitec Galaxus's auxiliary persons or the auxiliary persons of a dealer, whether contractual or non-contractual.

Furthermore, Digitec Galaxus or the dealer decline liability in the following cases:

• improper, non-contractual or unlawful storage, adjustment or use of the products;
• Use of incompatible replacement parts or accessories (e.g. power supply);
• failure to maintain and/or improper modification or repair of the products by the customer or a third party;
• Force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which Digitec Galaxus is not responsible, and official orders.

8.2. Limitations of Liability

Digitec Galaxus unrestrictedly excludes any liability for loss or damage of any kind - be it direct, indirect or consequential - that may arise from the use of or access to the Digitec Galaxus websites or from links to third-party websites. Digitec Galaxus does not guarantee that the individual parts of its website will function error-free. In addition, Digitec Galaxus declines any liability for manipulation of the Internet user's computer system by unauthorized persons.

Further information is available in Disclaimer read in detail.

9 payment

9.1 Payment options

Digitec Galaxus makes all payment claims for products and services purchased via the Digitec Galaxus online shops directly to the customer. Upon conclusion of the purchase contract, the dealer assigns to Digitec Galaxus the entire payment claim that arises between him and the customer as part of the purchase contract (assignment). The customer acknowledges this assignment and is obliged to make all payments exclusively to Digitec Galaxus.

Payments must be made in Swiss francs.

Cash payment is only possible for Digitec Galaxus products in the event of store pickup. For products and services from a retailer, store pickup and therefore cash payment are excluded.

Customers have access to the payment options offered in the online shop under “Payment options”.

The current payment method fees, which may be charged by Digitec Galaxus, can be seen under “Payment options” and are shown in detail in the ordering process.

If you pay with a credit card or other instant payment method, you will be charged when you order.

If you pay in advance, delivery will only take place after payment has been received. The products in the Digitec Galaxus central warehouse are reserved until the payment deadline of at least 11 calendar days has expired. This also applies to products that are first ordered externally but are processed and shipped via our warehouse. For products that are delivered directly to our customers by a dealer or an external distributor, the external order is only placed after receipt of payment.

When purchasing on account (only permitted for products and goods from Digitec Galaxus), the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deductions. In the event of a partial return of the delivered products, the invoice amount can be reduced accordingly.

9.2 Late Payment

If the customer does not meet their payment obligations in whole or in part, all outstanding amounts that the customer owes to Digitec Galaxus under any title will become due immediately (in the case of advance payment within 8 calendar days from the first reminder) and Digitec Galaxus can immediately demand these and further deliveries of products to customers.

Digitec Galaxus charges a handling fee of CHF 5 for the 2nd reminder and a handling fee of CHF 20 for the 3rd reminder. If reminders are unsuccessful, the invoice amounts can be assigned to a company commissioned with debt collection. In this case, an additional effective annual interest rate of up to 15% may be charged on the invoice amount owed from the due date. The company responsible for debt collection will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.

9.3 Retention of title

Ordered products remain the property of Digitec Galaxus or the dealer until full payment has been made to Digitec Galaxus. Digitec Galaxus or the dealer is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer as security, processing or redesign is not permitted without the express consent of Digitec Galaxus.

10 Order Change or Cancellation

Orders oblige customers to accept the products and services. Digitec Galaxus or the dealer can accept subsequent changes or cancellations of orders from customers at their own discretion and charge a handling fee of 20% of the canceled order value, but at least CHF 60, as well as any loss in value of the canceled products since they were ordered place.

If a (partial) delivery impossibility (dissolving condition) occurs after an order or the conclusion of a contract in accordance with Section 3, the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.

11 Return of defect-free goods

Under the return policy According to the conditions listed, Digitec Galaxus or the dealer grants the right to return the ordered products. Whether and for how long customers can return a product can be seen on the respective product page under “Returns and Guarantee”.

The customer must return the products via their personal customer account or under the “Returns, repairs and support” section Register at www.galaxus.ch or www.digitec.ch and send it back according to the instructions described there. The products must be professionally packaged with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.

When handing over a data medium or a product with data storage contained therein to Digitec Galaxus or the dealer, complete data loss must always be expected. The customer is responsible for proper data backup and protection of their data. Digitec Galaxus or the retailer assumes no liability for any loss of data.

If the customer exercises their right to return, Digitec Galaxus will refund the entire purchase price minus any small quantity surcharge paid and the return shipping costs listed in the return guidelines. Returns for clothing and shoes are free of charge for customers.

In connection with each return of products for which import customs clearance has taken place in the name of the customer, the customer authorizes and commissions Digitec Galaxus to declare the returned products for export customs and to apply for any refund of Swiss import duties in the name and on behalf of the customer. If the customer was unable to deduct the import tax or only partially deducted it as input tax and the other requirements for import tax reimbursement due to re-export of the ordered products are met, Digitec Galaxus will reimburse the customer for the import tax paid in advance after receipt of the corresponding amount from the Federal Customs Administration. For companies listed in the Swiss or Liechtenstein VAT register, proof of non-deductibility of the import tax must be provided by corresponding confirmation from the Federal Tax Administration.

In this context, the customer assures Digitec Galaxus that the information and list of the returned products according to the return slip generated by the customer during the return process are complete and accurate, and that the return shipment actually contains the products specified in the return slip. The customer fully indemnifies Digitec Galaxus from all third-party claims in connection with an incomplete or incorrect customs declaration caused by the customer. Digitec Galaxus has the right to check customer information using random samples.

12 Repairs outside of warranty

The costs for repairs outside the warranty in accordance with Section 7 are borne by the customer. For devices that do not have any detectable defects or for which the defect is not covered by the warranty in accordance with Section 7, Digitec Galaxus or the dealer reserves the right to charge the customer for the costs of inspecting the claimed defect as well as the shipping costs .

13 Delivery and returns via PickMup location

13.1 Delivery to a PickMup location

It is possible to have orders from Digitec Galaxus delivered to a predefined branch of another company in the Migros Group. The customer selects the PickMup location as the delivery location. The selection of locations depends on the respective shopping cart contents.

After the package is delivered to the PickMup location, the customer receives a pickup invitation with a pickup slip. The collection slip is considered a means of identification and must be presented upon collection. This can be, for example, a printed email or a digital version of the collection slip (SMS, email on the smartphone). The pickup code can also be presented separately. No additional verification of legitimacy is carried out. Without this pickup slip, the order cannot be handed over to the customer. The PickMup location electronically validates the pickup slip, which is considered a pickup certificate. The customer will be asked to additionally confirm their pickup with their signature. Any liability for damages incurred by the customer due to loss, theft, misuse, etc. in connection with the pickup process or the pickup ticket is expressly excluded.

If the customer does not pick up the order within the communicated deadline, it will be returned to the sender's online shop. The customer is solely responsible for orders picked up late. It is possible for the customer to agree an extension of the deadline with the provider's customer service.

Merchant products and services cannot be delivered to a PickMup location.

13.2 Returns to a PickMup location

Orders from Digitec Galaxus can be returned to a PickMup location. There are no costs for the customer when returning goods via a PickMup location. The PickMup location has the right not to accept returns due to size restrictions. Returns must be packaged so that they can be sent by post and labeled with the correct return address. If these requirements are not met, the PickMup location does not have to accept the return.

The PickMup location does not check the contents of the package and cannot provide any information about the return or the process, but only acts as a package acceptance point. No refunds of the purchase price will be made at the PickMup location.

The customer receives a return receipt (a duplicate of the post office's Track&Trace barcode), which he can use to track the shipment and which serves as a receipt. He will be notified by the provider as soon as the return has been checked in the logistics center.

Merchant products and services cannot be returned to a PickMup location.

14 Community

By publishing comments and contributions in our community, the author confirms that they agree to the community conditions to agree to the Digitec Galaxus community terms and conditions .

15 Further provisions

15.1 Unassignable Returns

Returns that cannot be assigned to a customer or cannot be returned to a customer will be stored by Digitec Galaxus or the dealer for six months and then disposed of.

15.2 Warranty goods not collected or undeliverable

If goods that are related to the provision of the warranty in accordance with Section 7 are not picked up from the branches within six months of the collection request being sent to the customer or if the goods cannot be returned to them, Digitec Galaxus is entitled to dispose of the goods, especially disposing of them.

15.3 Data Protection

The following applies to the processing of personal data by Digitec Galaxus Data protection .

15.4 Partial invalidity

If individual provisions of these General Terms and Conditions are invalid or ineffective, this will have no influence on the effectiveness of the remaining provisions and these General Terms and Conditions as a whole.

15.5 Place of jurisdiction and applicable law

All legal relationships between Digitec Galaxus or a dealer and the customer are subject to substantive Swiss law. The Vienna Sales Convention is not applicable.

The following exclusive jurisdictions apply:

For all claims arising from sales contracts in which Digitec Galaxus is a contracting party:
For lawsuits brought by consumers, their place of residence or Zurich is the place of jurisdiction. In all other cases, Zurich is the exclusive place of jurisdiction.

For all claims arising from sales contracts in which a dealer based in Switzerland is a contracting party:
For complaints from consumers, their place of residence or the dealer's registered office is the place of jurisdiction. In all other cases, the dealer's registered office is the exclusive place of jurisdiction.

For all claims arising from sales contracts in which a dealer based abroad is a contracting party:
In all cases, the customer's place of residence/seat is always the exclusive place of jurisdiction.

15.6 Copyright Notice

All rights, namely copyrights, to these terms and conditions belong to Digitec Galaxus.

Any reproduction, distribution or other use is prohibited and is only permitted with the express written consent of Digitec Galaxus. If this requirement is violated, Digitec Galaxus reserves the right to take any legal action.