1) Scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the www.m4rkt.ch online shop (hereinafter referred to as "online shop"). The online shop is operated by IntegralCH Coopertaive (hereinafter referred to as "IntegralCH").
The GTC also apply to all legal transactions concluded by IntegralCH as part of the merchant program (hereinafter referred to as the "Merchant Program"). Within the IntegralCH Merchant Program, selected independent third-party providers (hereinafter referred to as "Merchants") may offer products and services in their own name and sell them directly to customers via IntegralCH's online shop.
IntegralCH reserves the right to amend these GTC at any time. The version of these GTC that is valid at the time the order is placed shall be authoritative in each case and cannot be unilaterally changed for this order. Conflicting conditions or conditions of the customer deviating from these General Terms and Conditions shall not be recognised.
The offer applies as long as the product can be found via the search engine in the online shop and/or stocks last.
2.1 Product and price
Images of products in the online shop are for illustration purposes only and are not binding.
Information about products in the online shop is compiled as customer-friendly as possible, but is not binding. The manufacturer's details (e.g. manufacturer's warranty) are authoritative if they are valid in Switzerland.
All sales prices published in the online shop at the point of sale represent final prices for Swiss customers, which include all taxes (in particular VAT), any advance recycling fees (vRG), costs for packaging/s as well as the delivery costs for the delivery period advertised and any other taxes, fees or costs. Orders from abroad may be subject to additional taxes and fees in the respective country, which are usually borne directly by the customer. IntegralCH and the dealers reserve the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
Ordered fee-based additional services such as assembly and disposal are listed separately in the shopping basket and on the invoice.
2.2 Availability and delivery time
IntegralCH attaches great importance to providing up-to-date and accurate information on availability and delivery times in its online shop. However, due in particular to production or delivery bottlenecks, delivery delays may occur both at IntegralCH itself and at dealers. All information on availability and delivery times is therefore subject to change without notice and is subject to change at any time.
2.3 Additional services: Assembly and Disposal
Assembly includes the unpacking and assembly of the ordered products including the return of the packaging material.
Disposal includes the receipt and environmentally sound disposal of the items displayed by the customer when placing the order. These must correspond approximately to the ordered product in type and quantity. The items to be disposed of must be made available by the customer in a manner suitable for transport and on the agreed delivery date of the ordered products.
The costs for assembly and disposal are shown separately in the shopping basket and on the invoice.
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 the contract is terminated by an impossibility of delivery or an incorrect price quotation.
The purchase contract for products or services from IntegralCH is concluded with IntegralCH as soon as the customer places their order in the online shop or by e-mail (hereinafter referred to as "purchase contract").
For products and services offered by a merchant, the contract is concluded directly between the merchant and the customer at the time of ordering in the online shop or by e-mail. IntegralCH merely mediates these purchases. In this case, IntegralCH always acts only as an agent and service provider for the merchant, but does not itself become a party to the contract with the customer.
Customers can see in the online shop and on the invoice who is the provider or who is the contracting party to a purchase (i.e. IntegralCH or a merchant).
The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from IntegralCH to the e-mail address specified by the customer. Receipt of the automatically generated order confirmation does not imply any guarantee that the product can actually be delivered. It merely indicates to the customer that the order placed has arrived at the online shop and that the contract has therefore been concluded with IntegralCH or the retailer on the condition that delivery is possible and the price quoted is correct.
4) Delivery date
Once the order has been confirmed, the customer will be notified of a provisional delivery date or the customer will be contacted and an individual delivery date agreed.
If IntegralCH or the dealer is in default of delivery, the customer is entitled (except in the case of special orders) to withdraw from the contract from the 30th calendar day following the originally announced delivery date. In this case, IntegralCH will reimburse the customer for any amounts already paid in advance. There shall be no further claims against IntegralCH or the dealer.
5) Delivery / Collection
In the case of products and services, all delivery and collection options available for the product are available to the customer.
The customer's delivery address must be easily accessible with standard delivery services. If this is not the case, the customer shall bear any cost consequences.
If the customer does not accept the ordered products on the agreed or indicated delivery date, IntegralCH or the dealer may cancel the contract and charge the customer for the delivery costs incurred and any loss in value.
If the customer fails to collect the products ordered for collection within 30 calendar days of readiness for collection, IntegralCH may cancel the contract.
6) Obligation to inspect
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries, including for all products and services of a dealer, must be reported to IntegralCH within 5 calendar days of collection or delivery. The customer is aware that such notification must be made via the personal customer account in the online shop. Such a product may not be put into operation by the customer. They must keep it as received in its original packaging and await the instructions of Customer Service.
7.1 Basic provisions
IntegralCH or the retailer warrants the ordered product to be free from defects and functional for 2 years after delivery or collection from the branch. The warranty period shall continue regardless of the provision of any warranty services. IntegralCH or the retailer can choose to extend the warranty by
free repair (original warranty period continues for the entire product);
partial and complete replacement by an equivalent used/repaired product (in case of replacement in the first year of the warranty the original warranty period continues, in case of replacement in the last year of the warranty the warranty period is 1 year from the date of replacement);
Replacement by a new product by IntegralCH (new warranty period of 2 years from date of replacement)
Credit memo at the current price (maximum the sales price at the time of the order)
wear parts and software problems.
Wear parts and software problems are excluded from the warranty by both IntegralCH and the dealer. In all other respects, the exclusions of liability pursuant to Section 8 shall apply.
If the manufacturer's warranty extends beyond the warranty of IntegralCH or the dealer, IntegralCH or the dealer shall also grant this warranty to the customer.
All further warranty provisions, and in particular the statutory provisions, are excluded.
8) Liability and exclusion of liability
Liability shall be governed by applicable law. However, in no event shall IntegralCH or the Dealer be liable for (i) slight negligence, (ii) indirect or consequential loss or damage or loss of profits, (iii) unrealised savings, (iv) loss or damage due to delay in delivery or (v) any act or omission of IntegralCH's or the Dealer's agents, whether in contract or otherwise.
Moreover, IntegralCH or the dealer shall not be liable for damage attributable to any of the following causes:
improper, non-contractual or unlawful storage, adjustment or use of the products;
Use of incompatible spare parts or accessories
omitted maintenance and/or improper modification or repair of the products by the customer or a third party;
Force majeure, in particular natural, moisture, fall and impact damage, etc. for which IntegralCH is not responsible, and official orders.
The service provider commissioned to carry out the work shall be liable for defects, delay in performance and damage arising in the course of the work of service providers (e.g. on-site installations).
9.1 Payment options
All payment claims for products and services purchased through IntegralCH's online shops are made by IntegralCH directly to the customer. Upon conclusion of the purchase agreement, the merchant assigns to IntegralCH (assignment) the entire payment claim arising under the purchase agreement between the merchant and the customer. The customer acknowledges this assignment and is obliged to make all payments exclusively to IntegralCH.
Payments must be made in Swiss francs.
Cash payment is only possible for products from IntegralCH in the event of collection.
Customers may use the payment methods offered in the online shop under "Payment options".
The current fees are listed under "Payment options" and are shown in detail in the order process.
If payment is made by credit card or other means of immediate payment, the charge is made when the order is placed.
9.2 Default in payment
If the customer fails to meet all or part of its payment obligations, all outstanding amounts owed by the customer to IntegralCH under any title shall become due immediately (in the case of advance payment within 8 calendar days of the first reminder) and IntegralCH may demand immediate payment and suspend further deliveries of products to the customer.
IntegralCH will charge a fee of CHF 5 for the second reminder and a fee of CHF 20 for the third reminder. In the event of unsuccessful reminders, the invoice amounts may be assigned to a company commissioned with collection. In this case, an additional annual percentage rate of up to 15% can be charged on the invoice amount owed from the due date. The company commissioned with the collection will assert 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 shall remain the property of IntegralCH or the dealer until full payment has been made to IntegralCH. IntegralCH or the dealer is entitled to make a corresponding entry in the retention of title register. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation without the express consent of IntegralCH is prohibited.
10) Modification of the order or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders by the customer may be accepted by IntegralCH or the dealer at their own discretion and may be subject to a charge for any expenses incurred.
If a (partial) delivery impossibility (resolutory condition) occurs after an order or contract has been concluded in accordance with section 3, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be 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
IntegralCH or its dealers grant the right to return the ordered products within a maximum of 30 calendar days of their dispatch or collection.
The customer must register and return the return of the products via the personal customer account. The products must be professionally packed with all accessories in the original packaging. Damaged products will not be taken back or will be charged to the customer in full.
The customer is responsible and obliged to delete all personal data on the product prior to the transfer of ownership to IntegralCH or the dealer. IntegralCH and its service partners reserve the right to carry out additional deletions/resets of the product and to delete any personal data. The complete deletion of the data must therefore be expected. IntegralCH disclaims any liability in connection with access, use, processing or possession by third parties of any remaining personal data.
If customers exercise their right of return in accordance with the above-mentioned return conditions, their IntegralCH will refund the entire purchase price.
12 Repair outside warranty
The cost of any repair outside the warranty period as defined in Clause 7 shall be borne by the customer. In the case of devices which do not show any detectable defects or for which the defect does not fall under the warranty in accordance with Clause 7, IntegralCH or the dealer reserve the right to charge the customer for the costs of examining the claimed defect and for shipping costs.
13) Further provisions
13.2 Partial Invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the effectiveness of the remaining provisions and these GTC as a whole.
13.3 Place of jurisdiction and applicable law
All legal relationships between IntegralCH or a dealer and the customer are subject to substantive Swiss law. The Vienna Convention on Contracts for the International Sale of Goods is not applicable.
The following exclusive places of jurisdiction shall apply:
Basel shall be the place of jurisdiction for all claims arising from sales contracts to which IntegralCH is a party.
The place of jurisdiction for all claims arising from purchase contracts in which a dealer is a contracting party shall be the dealer's registered office.
13.4 Copyright notice
All rights reserved by IntegralCH.
Any duplication, distribution or other use is prohibited and requires the express written consent of IntegralCH.