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General Terms and Conditions

§ 1) Scope and conclusion of contract

The present general terms and conditions (hereinafter "GTC") apply to the legal relationship between Spimobau Morgenegg (hereinafter "Spimobau") and its customers (hereinafter "Customer"). They apply to all services and products offered by Spimobau for the entire duration of their use by the customer. They apply to all legal transactions that are concluded via the online shop. The online shop is operated by Spimobau Morgenegg, Haldenstrasse 80, 2502 Biel.

By using services and/or products from Spimobau, the customer accepts these General Terms and Conditions unmodified and in their entirety. As part of the orderly ordering process, the customer is asked to confirm his agreement to the terms and conditions by clicking on a corresponding field.

The GTC form an integral part of the contract with the customer. The mere inspection of our website is non-binding and does not constitute a legal relationship.

§ 2) Services and rights of Spimobau

Spimobau offers its customers services or products as described on its website.

All offers in the online shop represent a non-binding offer to the customer. By executing an order, the customer makes a binding offer to conclude a purchase contract. When an order has been placed, an email will be sent confirming receipt of the order and listing its details (order confirmation). This confirmation does not constitute acceptance of the offer. The purchase contract only comes into effect when the ordered goods are delivered.

The listed prices are accepted prices when placing the order. Subsequent price changes and deviations during the execution of the order, which occur after the order has been completed, cannot be taken into account. The information on the offers such as size, dimensions and weights are only intended as guidelines and are therefore not guarantees of properties.
Spimobau reserves the right to cancel orders that have already been placed at any time and to reimburse the customer for the advance payments already made. There is therefore no obligation to deliver the goods at any time.

The products and prices in the online shop are considered an offer. However, this offer is always subject to the contract-dissolving condition of an impossibility of delivery or an incorrect price quotation. The contract is concluded as soon as the customer places their order in the online shop, in the shop, by telephone or e-mail.

The arrival of an online order is indicated to the customer by means of an order confirmation sent to the e-mail address provided by the customer. The receipt of the order confirmation does not contain any promise that the product can actually be delivered. It only shows the customer that the order placed via the online shop has arrived and the contract has therefore been concluded under the condition of the delivery option and the correct price indication.

§ 3) Offer, Prices and Returns

Prices

The Swiss VAT is displayed individually for each purchase (if Spimobau is subject to VAT). All prices include the statutory Swiss VAT and any early recycling fees. Subject to availability and errors. The intermediate sale is reserved. Products for which no price has yet been set are each described with CHF 0.-. Orders with delivery destinations outside of Switzerland are invoiced free of VAT.

Spimobau reserves the right to adjust the prices at any time in the event of price changes by the suppliers or in the event of strong exchange rate fluctuations. This also includes the prices of new items, which may differ from the real prices for pre-orders. In such cases, the customer has the option to withdraw from the reservation. Price fluctuations of up to 10% are not communicated to the customer. In the event of higher price fluctuations, the customer has the right to withdraw from the contract. Availability, typographical, printing and calculation errors, pricing errors and price changes are reserved.

Availability of the offer

All items that are offered in the online shop can also be purchased in the sales location. A prior sale is therefore reserved. This also applies to articles and models that are offered elsewhere on the Internet. Spimobau attaches great importance to showing the customer the availability information as precisely as possible and to keeping the online shop up to date so that such a situation does not arise. However, there may also be delays in delivery due to production and delivery bottlenecks. All information on delivery times is subject to change and can change at any time without notice.

Backlog list

Not all items offered from the new goods range are always available from stock. Items that are not yet available are automatically placed on backorder. Backorders will only be delivered postage free from an invoice value of CHF 50.00. The backlog list is binding and can be viewed and adjusted by the customer at any time (up until the backlog is cleared). Once the delivery has been made or the shipping information has been provided, no changes can be made. The number of items delivered can also no longer be adjusted from this point in time.

refund policy

There is no general right to return or exchange. Items must be returned within five days if you do not like them (date of postmark). If the items are returned unused, undamaged, complete and in their original packaging, there will be a small fee for the expenses in addition to the postage costs for the return. This amounts to CHF 20.-. Otherwise there are no further costs for the customer. If items that have already been paid for are returned, a payment slip from the customer for the credit must always be enclosed with the shipment. Excluded from the right of return are articles that have been specially made, modified or ordered at the customer's request. Spare parts are expressly not taken back. Shipping, dunning and default costs are owed in any case.
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage. In the case of forwarding deliveries, any delivery damage must be noted on the delivery note. Delivery damage, incorrect and incomplete deliveries must be reported within three calendar days from the time of collection or delivery. The customer is aware that such a report must be sent by email to info@spimobau.ch. The customer may not put the product into operation. The customer must keep it as it arrived (in the original packaging, etc.).

Products

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

delivery

The delivery takes place immediately after full payment has been received. As far as possible, the Swiss Post will be used for delivery. The costs incurred and any additional costs for shipping abroad can be viewed in the online shop. For bulky or sensitive items, any additional costs will be noted directly in the item description. In general, Spimobau assumes the shipping costs for the customer from an order value of CHF 250.-.

If an order includes deliverable and non-deliverable items, shipping costs (between CHF 10 and CHF 25 throughout Switzerland) may be incurred for subsequent deliveries of the non-deliverable items. For deliveries abroad, the costs may be higher.

Items from the shop that are in stock will be delivered within a week after payment; Subject to errors in stock, delays caused by third parties or force majeure.

shipping cost calculation

If the customer's order contains items that are not yet available, the item will be forwarded at a later date. For this, shipping costs are incurred again. If the customer wishes to receive all products at the same time, he must inform Spimobau of this at the time of ordering.

Spimobau always tries to save shipping costs for its customers.

All domestic shipments are sent with Swiss Post. Here the customer can choose in the online shop whether by A Mail Priority or B Mail.

§ 4) Payment Methods

The payment methods offered to customers by Spimobau can be viewed in the online shop.

new customers

New customers (persons unknown to Spimobau) have the option of paying the amount due free of charge in advance or for a small fee by credit card (Postcard, Visa or Mastercard) or by Twint. Paypal is also offered for a fee.

The customer receives a payment link for online payment with the order confirmation. Payment directly in the online shop is not possible. The customer can also pick up the items he has ordered at the business premises. As soon as the items are available, a collection notice will be sent to the customer.

Advance payment

The customer receives a payment link for online payment with the order confirmation. In addition, all payment details are sent to the customer by e-mail (in order to pay by e-banking or at the post office counter). The QR code generated in the email can be used for payment.

The items ordered are usually reserved by Spimobau for the customer for a maximum of 10 days immediately after receipt of the order. Depending on the delivery situation, however, certain items may only be reserved at a later point in time, at the latest after receipt of payment. An intermediate sale during this time is possible and the delivery times may deviate from the delivery times originally indicated.

delivery on invoice

Regular Spimobau customers have the option of ordering against an invoice (payment slip with a payment period of 10 days or as agreed). However, Spimobau reserves the right to only deliver against advance payment.

customers from abroad

Customers from abroad can only pay bills in advance (free of charge) or by credit card (for a small fee). Consignments are normally processed via Swiss Post. A direct package delivery abroad is possible. In this case, the shipping costs may be higher.

It is possible for the customer to provide a delivery address in Switzerland or to pick up the items in store.

minimum order value

Spimobau has not set a minimum order value. For orders below a certain amount, a small quantity surcharge applies.

§ 5) Guarantee and returns

Brand New Warranty

The items offered in the online shop have been checked for function and other defects. Unless otherwise noted, Spimobau grants a one-year guarantee on all defects that are not due to wear and tear, use, lack of care or improper use. Defects must be reported within three days of receipt in writing or at the point of sale. The original purchase receipt or the original invoice is required as proof of purchase. Otherwise no warranty claims can be asserted. The guarantee provisions of the suppliers apply. The guarantee also expires if changes or repairs (also by specialist workshops) are carried out on the goods without the written consent of Spimobau. As far as the legal regulations allow, liability for damages is excluded. In particular, Spimobau is not liable for damage that can be traced back to improper use or natural wear and tear or for damage that has not occurred to the delivery item itself (consequential damage). Spimobau is also not liable for damage that occurred when the items were shipped. Returns can only be accepted in unopened original packaging. Shipments without a reason for return will not be processed. In the case of warranty claims, the exact delivery address must be requested before the return.

Claims for cancellation of the contract or reduction of the purchase price are excluded if a replacement delivery is possible.

The defective goods must be returned by the buyer to our returns department, regardless of size and weight. The cost and shipping risk for the return are to be borne by the buyer. A replacement delivery or exchange under warranty does not generate any new warranty periods.

The following are also excluded from the warranty: blows, bumps, falls, collisions, pressure, heat and sunlight, cold, liquids, dirt, dust, dirt, mud and damage caused by the customer attempting to repair himself. Insignificant deviations from the guaranteed properties of the goods do not allow for any warranty rights.

Warranty claims against Spimobau are only available to the direct purchaser and are therefore non-assignable.

Warranty for used items

The items offered in the online shop have been checked for function and other defects. Unless otherwise noted, Spimobau grants the customer a two-week guarantee on all defects that are not due to wear and tear, use, lack of care or improper use. Defects must be reported within three days of receipt in writing or at the point of sale. The original purchase receipt or the original invoice is required as proof of purchase. Otherwise no warranty claims can be asserted. The guarantee also expires if changes or repairs are made to the goods without the written consent of Spimobau. As far as the legal regulations allow, liability for damages is excluded. In particular, Spimobau is not liable for damage that can be traced back to improper use or natural wear and tear or for damage that has not occurred to the delivery item itself (consequential damage). Spimobau is also not liable for damage that occurred when the items were shipped. Returns can only be accepted in unopened original packaging. Shipments without a reason for return will not be processed. In the case of warranty claims, the exact delivery address must be requested before the return.

Returns to the manufacturer

Many manufacturers have a service center that the customer can claim directly. In such cases, Spimobau recommends that customers send the item directly to the service point. In any case, the customer benefits from faster warranty processing and direct contact options with the manufacturer.

Note on the items from Spimobau and the product descriptions

Some products are made abroad. Photos, text and product descriptions for items are always displayed as precisely as possible.

An important note on the items offered: As part of quality assurance, random samples are carried out when the goods are delivered. It is therefore possible that items that are delivered by the supplier in a sealed or welded state are delivered to the end customer in open packaging and/or without a guarantee seal. This also applies to mobile phones or smartphones and does not mean that the goods are used or used. All items are new. If used goods (occasion) are offered, this is expressly pointed out in the description. A right of return for the reasons mentioned is therefore excluded.

We assume no responsibility for any changes made to our goods by our manufacturers, as these can be changed at short notice by our suppliers without notice. This applies in particular to colors and the nature of the items. Therefore, all information such as product descriptions, colors and photos on our website are non-binding and an exchange is excluded for these reasons.

return / return shipment

Returns can only be accepted in unopened original packaging. Shipments without a reason for return will not be processed. Items in perfect, salable condition will be taken back by Spimobau within five days for a credit note. Spimobau reserves the right to charge a processing fee.

Items excluded from exchange

Articles ordered especially for the customer (spare parts, special models, software articles, etc.) and CDs are generally non-returnable. Spimobau reserves the right to exclude items that have already been opened or used from being exchanged or returned.

involvement of third parties

Spimobau can call in third parties to provide its services at any time.

privacy

Spimobau assures all its customers that they will observe and comply with the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing and using personal data. The customer data collected during order processing is only used for order processing or for customer service. A transfer to third partner companies only takes place to the extent absolutely necessary for the proper provision of services (order and guarantee processing). The customer agrees to this use of his data.

Furthermore, the customer has the right to inspect the data stored about him at any time upon request. Further information on data protection can be viewed online. If the customer does not wish to receive regular e-mail information (newsletter) from Spimobau, the customer can inform Spimobau of this on the website using the "contact form".

The customer will continue to receive important company information without advertising at the email address they have provided. If the customer does not make any changes to the newsletter or unsubscribes from it, he will receive the corresponding newsletter. The newsletter is automatically activated for new customers.

Intellectual Property and Copyright

Spimobau reserves all rights for every design, every text, every graphic, every picture on its website. All content is subject to Swiss copyright law. Copying, duplicating, editing, distributing and any other type of exploitation or reproduction of parts or the entire website, in particular images and graphics on this website, is only permitted for the purpose of placing an order with Spimobau.
All page headers, navigation bars, graphics and button icons are intellectual property of Spimobau. All other trademarks, product or company names or logos cited on this website are the sole property of their respective owners. Spimobau reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer must obtain the express written consent of Spimobau.

Disclaimer

Spimobau is not responsible for the content of external sites that can be reached via a link within Spimobau's offer or domains. This declaration applies to all links on this website that do not refer to Spimobau websites or domains. In the event of competition law, domain law, copyright or similar problems, the person concerned is asked to contact Spimobau in advance in order to avoid unnecessary legal disputes and costs. The cost note of a legal warning without prior contact with Spimobau will be rejected as unfounded in terms of the obligation to mitigate damage.

Jurisdiction and Applicable Law

These General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are subject to Swiss law. Place of jurisdiction is Berne. In the event of a dispute, Spimobau reserves the right to sue the other party at your place of residence or place of business.

Final Provisions

When selling the goods specified by Spimobau, the General Terms and Conditions apply exclusively in the version valid at the time the respective contract was concluded. These terms and conditions also apply in particular if they differ from those of the customer. Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. For the rest, Spimobau reserves the right to adapt the general terms and conditions at any time.

§ 8) Legal notice

Place of jurisdiction is 2502 Biel/Bienne. Swiss law applies exclusively.

Spimobau Morgenegg, 2502 Biel/Bienne, 04.04.2022