General terms and conditions

Application of the conditions
Deliveries, services and offers on the online platform www.swissmediashop.ch are made by Schubitec GmbH, UID: CHE-190.316.311 and exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These conditions shall be deemed to have been accepted at the latest when the goods or services are received. Counter-confirmations of the customer with reference to his business or purchasing conditions are only effective if they are confirmed by us in writing. Previous terms and conditions of sale and delivery as well as all quotations of previous price lists shall hereby cease to be valid.

Contract
A delivery contract is only concluded when the order placed is confirmed by us in writing or we indicate by delivery of the goods that we have accepted the order.

Delivery
All deliveries are made by Swiss Post, DPD or DHL. If the recipient prescribes a different shipping method, he must bear any additional costs. All common items are delivered immediately after receipt of the order. Rarely requested items have a delivery time of 3-4 weeks. Delays in delivery and performance due to force majeure and due to events that make delivery much more difficult or impossible for us – including, in particular, strikes, lockouts, official orders, etc., even if they occur with our suppliers or sub-suppliers – we are not responsible for bindingly agreed deadlines and deadlines. We are entitled to postpone the delivery or the service for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. We are entitled to partial deliveries and partial services at any time.

Prices
The prices listed in our lists are subject to price changes in the meantime. All prices incl. 7.7% VAT. Additional deliveries and services will be charged separately.

Packaging
Packaging costs are included in our prices.

Payment
Bank transfer, PayPal, TWINT, Credit card, Apple Pay, Google Pay & invoice (14 days net, subject to credit check)

Pictures
All images are for reference only. The actual product may look slightly different depending on the supplier.

Ownership
The goods remain our property until payment of the purchase price and all claims arising from the existing business relationship, except for their resale in the proper course of business.

Ensure
Complaints of defects can only be taken into account if they are submitted within 14 days of receipt of the goods. Otherwise, we are only liable for intent and gross negligence. Claims for damages are limited to the value of the delivered goods. In any case, our liability is limited to the risks covered by the liability insurance to the sums of insurance mentioned therein. In view of the wide range of uses of the products, we are not liable for consequential damage caused by defects. An assured property exists only if we have given the customer this property assurance in a letter addressed only to him. Warranty claims against us are only available to the immediate customer and are not assignable. Warranty complies with the legal regulations. As a consumer, you have the choice whether the subsequent performance should be carried out by rectification or a replacement delivery. However, keep in mind that we are entitled to refuse the type of subsequent delivery chosen if this is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for you. However, if our attempts at rectification failed, or a subsequent delivery is not possible or only within an unreasonable long time, you can either demand a reduction of the purchase price (so-called reduction), withdraw from the contract (so-called withdrawal) or demand damages from us instead of the actual performance. If you choose the possibility of compensation instead of the actual performance, the limitations of liability indicated by us shall apply as indicated under warranty. We also expressly point out that we do not allow for the right of withdrawal in the event of defects that are minor within the meaning of the law.

Passing
For you as a consumer, the risk of true destruction, destruction or even deterioration of the goods in the case of the sale of goods by mail is transferred to you when the goods are handed over. There is also a handover, or one of the same, if you are in arrears with our authorization

Limitation
Claims for damages arising from impossibility of performance, from positive breach of claim, due to fault at the conclusion of the contract and from tort are excluded against us as well as against our vicarious agents or vicarious agents, unless intentional or grossly negligent action is present. These claims are subject to the prohibition of assignment.

Withdrawal from contract / Right of return / Right of exchange
In cases of typing or calculation errors, the company is entitled to withdraw from the contract. This is also the fact if the prices have been incorrectly calculated by the company as well as by the supplier. There is generally no return /exchange right of delivered goods.

Applicable law, partial nullity
The law of Switzerland applies to our terms and conditions and the entire legal relationship between us and the customer. Should any regulation of these terms and conditions or any regulation within the framework of other agreements be or become invalid, this shall not affect the validity of all other regulation or agreements.

Place of jurisdiction and place of performance
The place of jurisdiction for all disputes arising from the underlying legal transaction as well as the place of performance is Basel-Stadt (Switzerland).

Swiss Media Center GmbH, 09.2022