Terms & Conditions
Our company
1. General points
1.1. swixed.ch or the online store www.swiwed.com is an offering of Swixed SA, located in the canton of Geneva, Switzerland.
1.2. Swixed AG offers products and services under the name swixed.com on the online store www.swixed.com, as well as through selected third parties.
1.3. The General Terms and Conditions (hereinafter referred to as “GTC”) govern all terms, conditions and services between Swixed AG (hereinafter referred to as “swixed.ch”) and its customers, as well as all terms, conditions and services between third parties and customers. Third-party terms and conditions do not apply.
1.4. All correspondence should be addressed to Swixed SA, Rue Carqueron 5, CH-1220 Les Avanchets or by e-mail to infoshop@swixed.com. If the mail concerns the offer of a third party, swixed.com may forward the mail to the third party concerned.
2. Offer and conclusion of contract
2.1. swixed.com’s offers are aimed at major customers who are capable of taking action. They are provided without obligation and therefore do not constitute binding offers.
2.2. The customer receives a non-binding order confirmation. The order is not considered binding until the shipment of the goods has been confirmed.
2.3. In the case of a sale from swixed.com, the sales contract is concluded directly between the customer and swixed.com. If the products sold are those of a third-party merchant, the contract is concluded directly between the third-party merchant and the customer. In the latter case, swixed.com acts solely as an intermediary and is not a party to the contract.
2.4. To place an order and/or request information on certain products, the customer must first log on to www.swixed.com with a customer account or as a visitor. To do so, whether or not he/she places an order, he/she must indicate, in addition to his/her user name (e-mail address), his/her official first and last names, the address of residence declared to the authorities and a valid telephone number. The customer must also define a password.
3. Ordering and delivery
3.1. Orders can be placed via the swixed.com website, by e-mail to infoshop@swixed.com or by telephone. If, after confirmation of receipt of the order, it appears that an article is not available, the order is simply cancelled, without the customer being able to make any further claims against either swixed.com or the third-party merchant.
3.2. The delivery time stated in the offer or in the order confirmation is provided for information purposes only and is not binding.
3.3. swixed.com and the third party are entitled to make partial deliveries. If only part of the goods ordered cannot be delivered, the customer is not entitled to cancel the entire order or to make any additional claims.
3.4. Deliveries are made at the customer’s risk and expense. In principle, goods are only delivered to the customer’s address, on the sidewalk.
3.5. If a pick-up deadline has been agreed, the customer must take delivery of the goods ordered within one week of notification of availability at the pick-up location indicated. Pick-up will take place during normal opening hours at the pick-up location indicated. If the goods have not been collected within the specified period, swixed.com or the third party has the right to withdraw from the contract or to redeliver the goods to the customer at the latter’s expense. In both cases, they can claim compensation for the steps they have taken.
3.6. The customer undertakes to check immediately that the goods delivered conform to those ordered, are complete and in perfect condition. Damage to delivered goods must be reported to the shipping company and to swixed.com as soon as possible, but at the latest within five calendar days of delivery. In the event of a complaint, all parts of the original packaging must be retained. The customer may only dispose of the goods with the written consent of the shipping company or swixed.com.
4. Awards
4.1. swixed.com or the third party have the right to change their prices at any time. The price in force is that published on the date of the order. Price changes made after the order has been placed are not taken into consideration.
4.2. All prices published in the www.swixed.com online store are exclusive of VAT (value-added tax). Additional costs (e.g. postage, packaging, surcharges for certain payment methods, transport guarantees, services, installation or support costs, etc.) are not included in the price. They are indicated separately and may be invoiced extra. We reserve the right to make technical modifications, errors and printing mistakes.
4.3. If you order from a country other than Switzerland or Liechtenstein, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall under the jurisdiction of swixed.com. You will be responsible for all such costs, both in terms of declarations and payments to the relevant authorities and organizations in your country. We advise you to check with your local authorities.
5. Terms of payment and retention of title
5.1. The means of payment accepted are those indicated on the online store. swixed.com may exclude or change these means generally or for certain customers, without having to justify its decision. swixed.com is entitled to levy surcharges on certain payment methods. We reserve the right to make enquiries about the customer’s creditworthiness and may pass on customer data to third parties for this purpose.
5.2. If the sales contract is concluded between a third party and a customer, the latter automatically assigns the purchase price claim to swixed.com (assignment). The customer can then settle his debt by paying the purchase price directly to swixed.com.
5.3. In the case of payment by invoice, the invoicing and delivery addresses must be identical. We will send you a full invoice within 10 working days of delivery of the order. Invoices must be paid in full within 30 days. If the customer is in arrears, swixed.com may, without further notice, cancel or suspend all further orders until the debt has been settled in full. Further claims for damages are expressly reserved. In addition, swixed.com is entitled to assign outstanding debts to external collection companies.
5.4. In the case of purchases by debit or credit card, PayPal, SEPA transfer, Apple Pay, Google Pay or other types of online payment, the amount is debited on the order date, and the customer’s data is transmitted in encrypted form. In the case of prepayment, the order is only placed once swixed.com has received the corresponding amount. During this period, the desired items cannot be reserved. In the event of supply difficulties, goods with “in stock” status may not be available for immediate delivery when the order is placed. If payment has not been received by swixed.com within 15 days, swixed.com or the third party may cancel the order.
5.5. Products delivered by swixed.com or the third party remain the property of swixed.com or the third party until receipt by swixed.com of the full purchase price (including all surcharges). The customer undertakes to take care of the products for as long as they remain the property of swixed.com or the third party.
6. Returns, warranty and repairs
6.1. Right of return and exchange
As a general rule, the customer has no right of return or exchange. Returns are only possible within two weeks (14 calendar days) of receipt of goods, in certain cases in accordance with the return conditions for each item. No exchanges possible.
6.2. Scope of warranty
swixed.com or the third-party merchant grant the customer a warranty on the products purchased. In the event of a warranty claim (i.e. if a product defect appears before or after the product or goods have been handed over to the customer, or if the defect already existed), the customer is entitled to repair, compensation, exchange or rescission of the contract. The choice of measurements rests with swixed.com, the third-party dealer or the manufacturer. If swixed.com, the third-party dealer or the manufacturer chooses to cancel the contract, the customer will be reimbursed up to the replacement value of the defective device. There is no entitlement to a free replacement unit during the defect repair period.
The warranty provided by law is totally excluded.
In addition, the warranty does not cover :
– Damage caused by natural elements;
– Moisture damage;
– Damage due to impact or fall;
– Natural wear and tear;
– Software problems ;
– Handling errors ;
– Damage caused by third parties;
– Damage caused by third-party intervention on or modification of the product;
– Wear parts such as batteries, accumulators, certain cables, lamps and housing components ;
6.3. Warranty period and manufacturer’s warranty
The warranty period for each item is at least 2 years for new devices and runs from the date of delivery of the product. Warranty exchange and warranty repair do not extend the original warranty period. The delivery note serves as a warranty certificate. It should be kept in a safe place.
6.4. Steps to take in the event of a product defect
In the event of a defect not covered by the warranty, the customer should contact the service center indicated on swixed.com, or contact swixed.com by e-mail. The right to reimbursement for repairs carried out by third parties is excluded. The customer must return or ship the defective product at his own expense and risk to the service center indicated on swixed.com or to the address indicated by swixed.com customer service. Products must be returned or dispatched with all accessories in the original packaging and accompanied by the purchase receipt/delivery note. In the absence of the original packaging, the product must be packaged so that it can be properly transported. If it appears that a returned product is not under warranty (case of exclusion or expired warranty period), an estimate for repair costs will automatically be drawn up. This can be billed to the customer. If the customer decides to carry out a repair, the estimate will not be invoiced. If the customer fails to respond to the cost estimate on time, the product will be disposed of. Returned products which are not defective, which are sent to the wrong address and whose return by the customer has not been agreed beforehand and/or whose packaging is defective or which are not accompanied by their accessories, may be returned to the customer. In such cases, swixed.com or the third party shall be liable to pay compensation for the steps taken.
7. Copyright protection
All digital elements reproduced on the www.swixed.com platform are protected by the French Intellectual Property Code and applicable international standards.
As such, digital elements are intended for strictly personal and private use only.
Any reproduction, adaptation or representation in any form and by any means whatsoever, and in particular any exchange, resale, rental or transfer to a third party of the digital elements is strictly prohibited and will be considered an infringement of copyright liable to prosecution.
8. Liability
8.1 Damages due to impossibility of performance, breach of contract, fault at the time of conclusion of the contract or quasi-delict are excluded, except in the case of intent or gross negligence, whether towards swixed.com or the third-party merchant. All liability for indirect and consequential damages resulting from use, inadequate performance or performance other than that expected is excluded.
8.2 swixed.com cannot be held responsible for service interruptions due to the characteristics and limitations of the Internet network, particularly in the case of access network interruptions, technical performance and response times for consulting, querying or transferring information contained on www.swixed.com.
8.3 Given the intrinsic characteristics of the Internet, swixed.com does not guarantee against the risks of misappropriation, intrusion, contamination and piracy of its data, programs and files by computer viruses. The customer must take all appropriate measures to protect its data, programs and files. Swixed.com cannot be held responsible for any damage caused by computer viruses.
9. One-to-one advertising
Swixed.com sends targeted advertising to customers with an active account. The latter is based on an analysis of customer buying behavior. swixed.com offers a range of options for sending individualized advertising, including (but not limited to) e-mail, post, telephone, text messaging and multimedia messaging (SMS, MMS). By opening a customer account with swixed.com, the customer accepts individualized advertising. You can cancel your order at any time in your customer account. He or she can also unsubscribe from individual e-mails and newsletters by clicking on the unsubscribe link.
10. Data protection
By registering as a visitor, creating an individual customer account and/or using our swixed.com website without registering, you agree to the data protection declaration.
By registering on swixed.com, you can create a customer profile. Data relating to purchases as well as data relating to access to swixed.com digital channels may be used in this way. When visiting swixed.com digital channels, information is collected in log files and assigned to the customer profile. Customer account data can be merged with data from other sources and supplemented with address merchant data. The customer data collected may be used for marketing and advertising purposes, as well as for statistical purposes (e.g. market research).
11. Changes to the GTC
swixed.com reserves the right to modify all or part of these terms and conditions at any time. Any such modifications will be enforceable from the date they are posted online, and cannot be applied to contracts concluded previously.
swixed.com reserves the right to close the www.swixed.com platform temporarily or permanently, without notice or compensation.
12. Place of jurisdiction, applicable law
Swiss law applies exclusively. The place of jurisdiction is the Swixed SA head office in Les Avanchets / Vernier / Geneva / Switzerland or, for purchases via a third-party merchant, the latter’s head office.
