The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions that are concluded via the online shop http://mobileteile.ch/ (hereinafter referred to individually as "online shop"). This online shop is operated by Mobileteile (hereinafter referred to as " Mobileteile Shop")
The general terms and conditions also apply to all legal transactions that are concluded as part of Mobileteile's dealer program (hereinafter referred to as "dealer program"). In the retailer program, selected independent third-party providers (hereinafter referred to as "retailers") can offer products and services in their own name and sell them directly to customers via Mobileteile
For products that are marked “used” in the online shop, the General Terms and Conditions of Resale (AKB) apply additionally or in part deviating from these General Terms and Conditions.
Mobileteile reserves the right to change these terms and conditions at any time. The version of these terms and conditions applicable at the time of the order is decisive, which cannot be unilaterally changed for this order. Conditions of the customer that conflict with or deviate from these GTC are not recognized.
The offer of products and services in the online shop, explicitly also in the context 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 in the online shop via the search engine and / or while stocks last.
For all product orders with a minimum age of 18 years (in particular alcohol and tobacco products), the customer confirms with the order that they comply with these legal provisions.
Orders in non-household quantities can be rejected without justification.
2.1 Product and price
Images of products in advertising, brochures, online shops etc. are used for illustration and are non-binding.
The information about products is compiled in the online shop as customer-friendly as possible, but is not binding. The manufacturer's information (e.g. manufacturer's guarantee) is authoritative, provided that it is valid in Switzerland.
All sales prices published in the online shop represent final prices, which include all taxes (especially VAT), any early recycling fees (vRG), costs for packaging / packaging as well as the delivery costs for the advertised delivery period and all other possible taxes, fees or costs. The only exception is a possible surcharge for small quantities. In addition to the final price, a minimum quantity surcharge of up to CHF 9.00 can be levied if the total of the shopping cart is less than CHF 50.00. Mobileteile and the retailers 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 additional services, such as assembly, disposal of warranty extensions, insurance, etc., are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery time
Mobileteile attaches great importance to state availability and delivery times in the online shop up to date and precisely. In particular due to production or delivery bottlenecks, there may be delays both at Mobileteile itself and at dealers. All information on availability and delivery times are therefore without guarantee and can change at any time.
2.3 Additional services: assembly and disposal
The assembly includes unpacking and assembling the ordered products including taking back the packaging material.
The disposal includes the receipt and environmentally friendly disposal of the items indicated by the customer when ordering. The type and quantity of these must correspond approximately to the product ordered. The objects to be disposed of are to be made ready for transport by the customer and must be made available on the agreed delivery date of the ordered products.
The costs for assembly and disposal are shown separately in the shopping cart and on the invoice.
3 Conclusion of contract
The products and prices in the online shop count as an offer. However, this offer is always subject to the condition of the contract, that it is impossible to deliver or that the price is incorrect.
The purchase contract for Mobileteile products or services is concluded with Mobileteile as soon as the customer places an order in the online shop, in one of the branches, by telephone or e-mail (hereinafter referred to as "purchase contract").
For products and services that a dealer offers, the contract is concluded directly between the dealer and the customer, at the time of the order in the online shop, in one of the branches, by phone or email. Mobileteile only mediates these purchases. In this case, Mobileteile only acts as an agent and service provider for the retailer, but does not itself become a contracting party to the customer.
Customers can see in the online shop and on the invoice who the provider or who is the contracting party for a purchase (i.e. Mobileteile or a dealer).
The arrival of an online order is notified to the customer by means of an automatically generated order confirmation from Mobileteile to the email address provided. The receipt of the automatically generated order confirmation does not contain any promise that the product can actually be delivered. It only shows the customer that the order placed has arrived at the online shop and that the contract with Mobileteile or the dealer has come into being on the condition of the delivery option and the correct price.
4 Delivery date
With the order confirmation, the customer is informed of a provisional delivery date or contact is made with the customer and an individual delivery date is agreed.
If Mobileteile or the dealer are in default of delivery, the customer (except for special orders) has the right from the 30th calendar day since the originally announced delivery date to withdraw from the contract. In this case, Mobileteile will reimburse customers for prepaid amounts. There are no further claims against Mobileteile or the dealer.
5 Delivery / branch collection
For products and services from Mobileteile, customers have all delivery and pickup options available, which are noted in the online shop under "Delivery and pickup".
Products and services that customers buy from a dealer can only be delivered to customers via shipping.
The customer's delivery address must be easily accessible in Switzerland or Liechtenstein and by truck. If this is not the case, the customer bears the possible cost consequences.
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. staircase, doors etc.). If the product cannot be transported to the place of use, the customer bears any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, Mobileteile or the dealer can cancel (cancel) the contract and invoice the customer for the resulting delivery costs and any losses in value.
If the customer does not pick up the products ordered in a branch (branch collection) within 14 calendar days of being ready to pick up in the branch, Mobileteile can terminate the contract (cancel).
6 Obligation to check
The customer must immediately check delivered or picked up products for correctness, completeness and delivery damage.
In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.
Delivery damage, incorrect and incomplete deliveries, also for all products and services of a dealer, must be reported to Mobileteile within 5 calendar days from the time of collection or delivery. The customer is aware that such a notification has to be made via the personal customer account in the online shop under the heading “Return and guarantee”. The customer may not put such a product into operation. She has to keep it in the original packaging as received and to follow the instructions of the guided return and return process under "Return and guarantee" in the personal customer account.
7.1 Basic provisions
Mobileteile or the dealer guarantees the absence of defects and the functionality of the ordered product for 2 years after delivery or branch collection. The warranty period continues regardless of the provision of any warranty services. Mobileteile or the dealer can choose the guarantee through free repair (original warranty period continues on entire products);
partial and complete replacement by an equivalent used / repaired product (for replacement in the 1st year of the guarantee, the original guarantee period continues, for replacement in the last year of the guarantee the guarantee period is 1 year from the time of replacement);
Replacement with a new product by Mobileteile (new guarantee period of 2 years from replacement)
Credit at the daily price (maximum the sales price at the time of the order) provide.
Wear parts such as batteries, rechargeable batteries, power cables, adapters, illuminants and software problems are excluded from the guarantee by both Mobileteile and the dealer. Otherwise, the liability exclusions in accordance with section 8 apply.
If the manufacturer's guarantee goes beyond the guarantee of Mobileteile or the dealer, Mobileteile or the dealer also grants this to the customer.
If a data medium or a product with a data storage device is handed over to Mobileteile or the dealer, complete data loss must be expected in any case. Customers are responsible for proper data backup and the protection of their data. Mobileteile or the dealer assume no liability for any data loss.
Both Mobileteile and the retailer can, at their discretion, provide the customer with a replacement device / replacement device during the examination of the warranty claim (exchange subject to change). This is done under the (suspensive) condition that there is actually a guarantee case. This means that customers only acquire ownership of the replacement product when Mobileteile or the dealer confirm the guarantee. If Mobileteile or the dealer rejects a warranty claim, customers can purchase the replacement device at 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 the statutory provisions on warranty are excluded.
7.2 Additional provisions for used goods
There are other provisions for the already discounted products, which are identified in the online shop as "demonstration product", "reprocessed", "test device", "repair" or "exhibition product". They can have slight visual defects or be repaired products. These optical defects are excluded from the guarantee and are mentioned in the article details. In addition, the warranty period for these products is one year after delivery or branch pick-up.
Customers are aware that they are purchasing an electronic product that may contain personal data of the previous owner / user and that Mobileteile or the retailer will not accept any liability in this connection.
8 Liability and disclaimer
Liability is based on the applicable legal provisions. However, Mobileteile and the dealer are in no way liable for (i) slight negligence, (ii) indirect and indirect damage and consequential damage and loss of profit, (iii) unrealized savings, (iv) damage from delayed delivery and (v) any action and omissions by Mobileteile 's or a reseller's assistants, whether contractual or non-contractual.
Mobileteile or the dealer are not liable for any damage that can be attributed to one of the following causes:
improper, non-contractual or illegal storage, adjustment or use of the products;
Use of incompatible spare parts or accessories (eg power supply);
failure to maintain and / or improper modification or repair of the products by customers or a third party;
Force majeure, in particular elemental, moisture, fall and impact damage, etc., which are not the responsibility of Mobileteile, and official orders.
The service provider commissioned to carry out the work is liable for defects, delay in performance and damage caused by the execution of service providers (e.g. on-site installations).
9.1 Payment options
Mobileteile makes all payment claims for products and services that are purchased through Mobileteile online shops directly to customers. With the conclusion of the purchase contract, the dealer assigns the entire payment claim that arises in the context of the purchase contract between him and the customer to Mobileteile (assignment). The customer takes note of this assignment and is obliged to make all payments exclusively to Mobileteile.
Payments must be made in Swiss Francs.
Cash is only available for Mobileteile products in the event of a branch pickup. In the case of products and services from a retailer, branch pick-up and therefore cash payment are excluded.
Customers can use the payment options offered as payment methods in the online shop under "Payment options".
The current fees can be seen under "Payment options" and are shown in detail in the ordering process.
When paying by credit card or other instant payment methods, the debit is made when ordering.
With prepayment, delivery will only take place after receipt of payment. The products in Mobileteile's central warehouse are reserved until the payment deadline of at least 40 calendar days has expired. This also applies to products that are initially ordered externally, but are processed and shipped through us. For products that are delivered to our customers by direct delivery from a dealer or from an external distributor, the external order is only placed after receipt of payment.
In the case of purchase on account against payment (only permitted for Mobileteile products and goods), customers are obliged to settle the invoice amount within 20 calendar days after receipt of the delivery without any (cash discount) deduction. In the case 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 all or part of their payment obligations, all outstanding amounts owed by customers to Mobileteile under any title are due immediately (if paid in advance within 8 calendar days since the first reminder) and Mobileteile can request these immediately and make further deliveries of products to customers.
Mobileteile charges CHF 5.– for the second reminder and CHF 20.– for the third reminder. In the event of unsuccessful reminders, the invoice amounts can be assigned to a company responsible for debt collection (Intrum, Eschenstrasse 12, 8603 Schwerzenbach). In this case, an effective annual interest rate of up to 15% on the invoice amount owed can be charged from the due date. The company commissioned with the 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 Mobileteile or the dealer until full payment to Mobileteile. Mobileteile or the dealer is entitled to make a corresponding entry in the retention of title register. Before transfer of ownership, pledging, transfer by way of security, processing or remodeling without the express consent of Mobileteile is not permitted.
10 Change of order or cancellation
Orders oblige customers to purchase products and services. Subsequent changes or cancellations of orders from customers can accept Mobileteile or the dealer at their own discretion and invoice a turnover compensation of 20% of the canceled order value, but at least CHF 60, and any loss in value of the canceled products since they were ordered put.
If an (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 client has already paid, this amount will be refunded. If no payment has been made, the customer is released from the payment obligation. Further claims due to delayed delivery or delivery failure are excluded.
11 Return of defect-free goods
Under the conditions listed in the return policy, Mobileteile grants the right to return the ordered products within a maximum of 30 calendar days, for merchants' products within a maximum of 14 calendar days since they were dispatched or picked up.
Customers must register the return of the products via their personal customer account or under the "Return and Guarantee" section at https://mobileteile.ch/ and return them in accordance with the instructions described there. The products must be professionally packed with all accessories in the original packaging. Damaged products will not be taken back or will be fully charged to the customer.
The customer is responsible and obliged to delete all personal data on the product before transferring ownership to Mobileteile or the dealer. Mobileteile 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. Mobileteile disclaims any liability in connection with access, use, processing or possession of any personal data still available by third parties.
If customers exercise their right of return in accordance with the return conditions mentioned above, their Mobileteile will refund the entire purchase price, with the exception of the surcharge for small quantities, if any.
12 Out of warranty repairs
The cost of a repair outside of the warranty according to section 7 will be borne by the customer. For devices that have no detectable defects or for which the defect is not covered by the warranty according to Section 7, Mobileteile or the dealer reserve the right to charge the customer for the costs of checking the claimed defect and the shipping costs.
13 Delivery and returns via PickMup location
13.1 Delivery to a PickMup location
The customer chooses the PickMup location as the delivery location. The selection of the locations depends on the respective shopping cart content.
After delivery of the package to the PickMup location, the customer receives a pick-up invitation with a pick-up slip. The pick-up certificate is a means of legitimation and must be shown at pick-up. This can be, for example, a printed email or a digital version of the pick-up slip (SMS, email on the smartphone). The pick-up code can also be presented separately. There is no additional verification of legitimation. Without this pick-up slip, the order cannot be handed over to the customer. The PickMup location electronically validates the pick-up slip, which counts as a pick-up certificate. The customer is asked to additionally confirm his pick-up with his signature. Any liability for damage caused to the customer from loss, theft, misuse, etc.
If the customer does not pick up the order within the communicated period, it will be returned to the sender online shop. The customer bears the sole responsibility for late pick-up orders. It is possible that the customer agrees an extension of the deadline with the customer service of the provider.
Merchant products and services cannot be delivered to a PickMup location.
13.2 Returns at a PickMup location
Mobileteile orders can be returned to a PickMup location. When returning from a PickMup location, there are no costs for the customer. The PickMup location has the right not to accept returns due to size restrictions. Returns must be packed 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 content of the package and cannot provide any information about the return or the process, but only acts as a package acceptance point. There will be no refunds of the purchase price at the PickMup location.
The customer receives a return receipt (a double of the Swiss Post'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.
14.1 Activity in our community
With the publication of comments and contributions in our community, the author confirms that he agrees to the community terms and conditions of Mobileteile.
15 Further provisions
15.1 Returns that cannot be assigned and delivered
Returns that cannot be assigned to a clientele or cannot be returned to the clientele are kept for six months by Mobileteile or by the dealer and then disposed of.
15.2 Guarantee goods that have not been collected or delivered
If goods that are related to the provision of warranty in accordance with Section 7 cannot be picked up in the branches within six months of the request for collection being sent or the customer can be returned, Mobileteile is entitled to dispose of the goods, in particular to dispose of them.
15.3 Data protection
The data protection declaration under data protection declaration is an integral part of these terms and conditions. By accepting these terms and conditions, customers also agree to the data protection declaration.
15.4 Partial Invalidity
Should individual provisions of these general terms and conditions be invalid or ineffective, this has no influence on the effectiveness of the remaining provisions and these general terms and conditions.
15.5 Place of jurisdiction and applicable law
All legal relationships between Mobileteile or a dealer and the customer are subject to substantive Swiss law. The Vienna Sales Law is not applicable.
The following exclusive places of jurisdiction apply:
For all claims from sales contracts in which Mobileteile is a contracting party:
Zurich or its place of residence is the place of jurisdiction for complaints by consumers. In all other cases, Zurich is the exclusive place of jurisdiction.
For all claims from sales contracts in which a dealer is a contracting party:
For complaints by consumers, the place of business or their place of residence is the place of jurisdiction. In all other cases, the seat of the dealer is the exclusive place of jurisdiction.
15.6 Copyright notice
All rights, especially copyrights, to these terms and conditions are held by Mobileteile.
Any duplication, distribution or other use is prohibited and is only permitted with the express and written consent of Mobileteile. In the event of a violation of this requirement, Mobileteile reserves the right to take any legal action.