Scope
These general terms apply to use of the webshop, the PC configurator, the pre-built gaming PCs and repairs. The contracting party is Computer Repair Schmid & Partner AG, Mitteldorfstrasse 72, 5033 Buchs AG. The shop is aimed at individuals and companies based in Switzerland and Liechtenstein. Other terms, in particular the customer's, do not apply to these orders.
Formation of contract
The details in the webshop, the configurator and on product pages are an invitation to make an offer, not a binding offer. Photos and images are illustrative and not contractually binding. After an order you receive an acknowledgement of receipt. That does not conclude the contract. We review the order and may reject it without giving reasons, or offer a different price or product. The contract is formed only when we confirm the order.
An obvious price error does not oblige us to deliver at the price shown. This covers typing, calculation and system errors and incorrectly imported supplier prices, even if an automatic order confirmation has already been sent (Art. 23 et seq. CO). We report the error without delay and offer the correct price or withdraw from the contract. There is no claim to performance at the wrong price.
After the order there is no right to change or cancel it. If we nevertheless accept a change, we may charge the costs we incur with suppliers plus an administration fee of CHF 60. This does not apply if the change comes from us.
Prices and payment
All prices are in Swiss francs (CHF) and include statutory VAT where we are subject to VAT (Price Indication Ordinance). The customer bears any additional public charges. You can pay with TWINT, PostFinance, Visa, Mastercard, PayPal or by invoice. An invoice is payable within 30 days of the invoice date. We may, at our discretion, require advance payment of all or part of the order value and make further deliveries dependent on payment of open invoices.
After the payment deadline you are in default without a reminder. Default interest follows the law. We may charge CHF 30 for each payment request, where that amount covers the effort.
The customer may set off claims only with our written consent.
Retention of title
The goods remain our property until the purchase price has been paid in full. They may not be pledged or transferred as security. We may have the retention of title entered at the customer's registered office or place of residence.
Delivery
We deliver to addresses in Switzerland. Shipping costs are shown at checkout. From a goods value of CHF 500.– shipping is free. Delivery times are estimates and depend on suppliers. They are not binding. If a stated delivery date is exceeded by more than 60 calendar days, you may withdraw from the contract. We may withdraw if a distributor can no longer deliver within a reasonable time. In both cases we refund payments made, without interest.
For purchases for personal or family use, we bear the risk of loss or damage until the parcel is handed to you or you collect the goods from us. You can collect finished orders free of charge at our store address.
Inspection
Transport damage that is visible from the outside must be reported on the day of receipt, otherwise claims under the transport insurance may lapse. Report other defects as soon as they appear. Late notice does not extinguish the statutory warranty.
Returns
Switzerland has no general statutory 14-day right of withdrawal. The rules on door-to-door sales (Art. 40a et seq. CO) do not apply to orders in this webshop.
In addition to the statutory warranty, you may return unused standard items within 14 days of receipt, in the original packaging and with all accessories. Excluded are PCs we assemble or modify to your specification, in particular via the configurator, and software and licences once the key has been disclosed or the product activated. The statutory warranty still applies to those items.
For a voluntary return without a defect, you pay the return shipping. After inspection we refund the purchase price to the original payment method. If the goods show signs of use, we may reduce the refund by the loss in value.
If we accept a return outside this right of return, we may charge you the shipping costs plus an administration fee of CHF 50. The goods must then be sent unused and in the original packaging, within five working days, at your cost and risk, to the address we name. If we confirm a wrong delivery, we bear the shipping costs.
Warranty and guarantee
We are liable for defects under Art. 197 et seq. CO. For new movable goods that you buy as a consumer for personal or family use, defect claims expire two years after delivery (Art. 210 CO). This period cannot be shortened by contract. An advance exclusion of warranty is void if a defect was fraudulently concealed (Art. 199 CO).
In addition, we give a warranty of 2 years. We handle warranty cases in our store in Buchs AG. This warranty does not limit the statutory warranty. The manufacturer's warranty remains in place alongside it. We help you deal with the manufacturer.
Repairs
The services listed on the repair page are charged at the fixed prices stated there, in CHF including VAT, plus spare parts, which we order only after you approve them. The diagnostic fee is credited if a repair order follows. If we collect a device and bring it back, the flat fee is CHF 80.–. If you bring the device in yourself, handover is free.
You back up your data yourself before handover. We are liable for data loss only in cases of intent or gross negligence.
Liability
We have unlimited liability for damage caused intentionally or by gross negligence and for personal injury (Art. 100 CO). Otherwise, liability for indirect and consequential damage, in particular lost profit, loss of reputation and data loss, is excluded to the extent permitted by law.
Intellectual property and software
Trademarks on the website and on the products belong to us or to the respective manufacturer. For bundled and standalone software, the manufacturer's licence terms apply directly between you and the licensor. You agree to comply with them.
Final provisions
Changes to these terms require written form and the consent of both parties. If a provision is invalid, the remaining provisions stay in force. The invalid provision is replaced by a rule that comes closest to the economic purpose.
Swiss law applies. The courts in Aarau have jurisdiction for disputes with business customers. Consumers keep the statutory places of jurisdiction, in particular under the Civil Procedure Code. A jurisdiction agreement to their disadvantage applies only if it is concluded after the dispute has arisen (Art. 35 CPC).