General terms and conditions
Please note: Only the Italian original of these General Terms and Conditions of MediaMass Technology is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the Italian original.
1 Scope of application
The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops www.mediamass.ch/shop (hereinafter individually referred to as “online shop”). Both online shops are operated by MediaMass Technology (hereinafter “MediaMass Technology”). MediaMass Technology reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online shop (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18 (particularly for alcohol and tobacco products).
Large orders exceeding a standard amount may be refused without reason.
2 Information
2.1 Product and price
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
All prices quoted are net, in Swiss Francs, include value added tax (VAT) and, where applicable, include an advance recycling contribution. MediaMass Technology reserves the right to change prices at any time. The prices stated in the online shop at the time of order placement apply.
Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurances etc., are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery times
MediaMass Technology is committed to provide up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays. Therefore, all information on availability and delivery times is subject to change.
2.3 Additional services: installation and disposal
Installation includes the unpacking and installing of the ordered product including the taking back of packaging.
Disposal includes the receipt and environmentally sound disposal of the item(s) specified by the customer upon placing his or her order. The item(s) must correspond approximately in type and quantity to the ordered product. The item(s) for disposal must be prepared for transport by the customer and must be ready on the arranged delivery date for the ordered products.
The costs for installation and disposal are listed separately in the shopping cart and on the invoice.
3 Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to deliver inability or incorrect price quotations, both of which lead to contract cancellation. A contract shall be deemed concluded as soon as an order has been placed by the customer in our online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as “contract”).
Customers are informed of their order placement by means of an automatically generated order confirmation that is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and correct price quotation.
4 Delivery date
Together with the confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by MediaMass Technology is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th calendar day from the originally scheduled delivery date. In such an event, MediaMass Technology will refund the customer any amount paid in advance. No further claims towards MediaMass Technology apply.
5 Delivery
The delivery address in Switzerland or Liechtenstein must be easily accessible by truck. Should this not be the case, the customer shall bear any consequential costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, MediaMass Technology may withdraw from the contract (cancellation) and invoice the customer any additional costs incurred as well as an inconvenience charge of 20% of the order value but no less than CHF 60.– as well as charge for any value loss of the ordered products.
MediaMass Technology relies on the services of Swiss Post. Once you buy a product and then completed the order the customer will be notified via email of the Track & Trace number.
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity. The customer shall inform MediaMass Technology of any defects immediately after detection thereof and within 5 calendar days after receipt of the delivery/collection at the latest. The customer must retain the product in the condition it was delivered in and may not use it. If the delivery is carried out by a service partner, the customer, by signing the delivery note, confirms that the product shows no obvious defects. Alternatively, he/she must state the defect on the delivery note. This does not apply to hidden defects.
7 Warranty
7.1 Basic provisions
MediaMass Technology or the retailer warrant for two-years from delivery date or in-store collection that the ordered product will be free from defects and fully functional. MediaMass Technology shall provide warranty either by
- repairing the product free of charge
- providing a partial or full replacement with an equivalent product. A warranty period of 1 month applies to all products replaced by a used product.
- providing a refund at current price or, at maximum, at the original sales price at the time of order or
- giving a price reduction.
MediaMass Technology or the retailer explicitly exclude warranty for wear parts, batteries, rechargeable batteries, adapters, bulbs and for software problems. Otherwise, liability exclusion pursuant to point 8 applies.
Provided that the manufacturer warranty exceeds the warranty of MediaMass Technology or the retailer, MediaMass Technology or the retailer shall grant the former to the customer.
When returning a data carrier or a product containing data storage to MediaMass Technology or the retailer, a total loss of data must be expected. It is the customer’s responsibility to ensure an appropriate data backup is carried out beforehand and that the data is protected. Neither MediaMass Technology nor the retailer assume liability for potential loss of data.
While the warranty claim is being processed, both MediaMass Technology and the retailer may, at their own discretion, provide the customer with a replacement device (replacement subject to reservation). This shall apply on condition (precedent) that a warranty claim actually exists. Therefore, the customer only gains ownership of the replacement product at the time of promise of guarantee by MediaMass Technology or the retailer. If the warranty claim is rejected by MediaMass Technology or the retailer, the customer may purchase the replacement product at retail value at the time of delivery or is obliged to return the replacement device at his or her own expense.
7.2 Additional provisions for used goods
Other provisions apply to products that are marked as “display product”, “refurbished”, “test device”, “repair” or “showroom product”. They may show minor visual flaws or be restored products, for which reason they are sold at a reduced price. These visual flaws are not covered by the warranty and are stated accordingly in the article details. In all other respects, a warranty period of one year applies to these products.
The purchaser is aware of the fact that he or she is purchasing a used electronic product that may contain personal data of the previous owner/user and that no liability is assumed by MediaMass Technology or the retailer.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall MediaMass Technology be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of MediaMass Technology, be this contractual or non-contractual.
Moreover, MediaMass Technology is not liable for damage resulting from the following causes:
- Storage, setting or use of products that is improper, unlawful or contrary to contract;
- Use of incompatible spare parts or accessories (e.g. power supply);
- Failure to maintain and/or improper modification or repair of the products by our clients or a third party;
- Force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by MediaMass Technology or official orders.
The commissioned service provider is liable for any defects, performance delay and damage caused during the execution of services (e.g. on-site installation).
9 Payment
9.1 Payment methods
Payment must be made in Swiss Francs.
Cash payment is possible for in-store collection only.
We accept the folowing payment methods: online banking, transfer by bank or post, credit card (Mastercard, VISA, PayPal). Our current fees can be viewed under payment methods and are given in detail in the ordering process.
When paying by credit card, the amount is debited at the time of order.
9.2 Reservation of ownership
All ordered products remain the property of MediaMass Technology until payment is received in full. MediaMass Technology is entitled to make an entry in the register for reservation of ownership. Without the express consent of MediaMass Technology, no pledging, transferring of security, processing or modification is permitted prior to transfer of ownership.
10 Order change or cancellation
Order placement obliges the customer to accept the products and services. MediaMass Technology may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Returning non-defective products
According to the conditions listed in Returning Articles, MediaMass Technology and all retailers grant the right to return ordered products within a maximum of 7 calendar days after receipt.
Customers must register the return of a product in their personal customer account under the section “Returns and warranty” on www.mediamass.ch/shop/ and return it according to the instructions given. The products, together with all accessories, must be properly packed and returned in their original packaging. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
It is the customer’s responsibility and obligation to delete all personal data stored on the product before transferring ownership to MediaMass Technology or the retailer. MediaMass Technology and their service partners remain the right to carry out additional deletions/resets to the product and delete any personal data. A total loss of data must be expected. MediaMass Technology assumes no liability for any third-party access, use, editing or ownership of any remaining data stored on the product.
Should customers exercise their right of return according to the above-mentioned return conditions, MediaMass Technology shall refund the total purchase price with the exception of any minimum order surcharge paid.
12 Repairs outside of the warranty
All repair costs incurred outside of the warranty pursuant to point 7 shall be borne by the customer. MediaMass Technology reserves the right to invoice the customer for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to point 7.
13 Further provisions
13.1 Non-allocatable returns
Returns that cannot be allocated or returned to a customer are retained for 6 months before being disposed of.
13.2 Uncollected or undeliverable warranty goods
If a customer fails to collect goods connected to our warranty service (pursuant to point 7) from our stores within 6 months after receiving the collection note, MediaMass Technology is entitled to use and, in particular, to dispose of the respective item.
13.3 Data privacy protection
The privacy statement is an integral part of these GTC.
By accepting these GTC, customers also agree to the privacy statement.
13.4 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.
13.5 Place of jurisdiction and applicable law
All legal relations between MediaMass Technology and their customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
13.6 Copyright notice
All rights to these GTC, particularly copyrights, are reserved by MediaMass Technology. All reproduction, distribution or other use is prohibited except with written permission from MediaMass Technology.
In the event of breach of this requirement, MediaMass Technology reserves the right to take legal action.