General Terms and Conditions of Videogame.ch GmbH, in the following referred to as elser.Swiss, with registered office in 5605 Dottikon, Canton Aargau, Switzerland.
The prices indicated in the online store are net prices including VAT in Swiss francs. The prices are ex warehouse Dottikon. Prices are subject to change without notice.
Deliveries are made from warehouse Dottikon including shipping costs. The goods travel at the risk of the recipient, transport damage must be reported immediately to the post office or shipping company, so that claims can be made.
elser.swiss will, if possible, deliver the whole order. The buyer agrees to accept partial deliveries. If the buyer explicitly requests partial deliveries, the additional shipping costs will be at the expense of the buyer.
Non-compliance with delivery deadlines by elser.swiss only entitles the buyer to withdraw from the contract if delivery has not taken place even after a written deadline of 7 days has expired. EXCEPTION: In the case of custom-made products and special orders, it is no longer possible to withdraw from the purchase contract. In no case do delays in delivery justify claims for damages.
Inspection of goods
Complaints must be made in writing to the seller within 7 days. The date of the postmark is decisive. After this period no complaints will be processed. Return shipments are at the expense of the buyer.
Return and exchange
Exchange or return of goods delivered in accordance with the contract is only possible after consultation. The buyer accepts that elser.swiss may charge a handling fee.
The following methods of payment are available in the pick-up store: Cash, EC, Visacard, Mastercard, Postcard. Delivery is made by prepayment, Visacard, Mastercard or Postcard. The total invoice amount is to be paid without any deductions, discounts, rebates, etc. within the specified payment period. The buyer is not entitled to withhold payments due to complaints or to set them off against counterclaims. After expiration of the payment deadline, the buyer will be in default without reminder and will be charged all subsequent costs as well as a default interest of 5%.
For damages caused by improper installation and improper use, elser.swiss disclaims any liability.
The responsibility for the selection, configuration, application and use of products, as well as the results obtained with them, lies with the customer or the purchaser of the products, i.e. the end customer.
The warranty of elser.swiss for the products it supplies is determined in every regard by the warranty provisions of the respective manufacturer/supplier. The customer waives any further warranty claims against elser.swiss and the manufacturer/supplier. The sole obligation of elser.swiss is to assign to the customer any warranty claims of its own against the manufacturer/supplier.
The customer acknowledges that, on the basis of the applicable warranty provisions, the warranty is generally limited, at the discretion of the respective manufacturer/supplier, to rectification or replacement of the defective/deficient products and, moreover, only applies if the products remain in Switzerland or the Principality of Liechtenstein.
Furthermore, the customer acknowledges that in any case a defect is only present if it is reported in detail to elser.swiss in writing immediately after discovery and includes a relevant and reproducible error. The warranty is excluded in particular for defects which are based on one of the following causes:
a) inadequate maintenance
b) non-observance of the operating or installation instructions
c) improper use of the products
d) use of unauthorized parts and accessories
e) natural wear
f) transport, improper handling or treatment
g) modification or repair attempts
h) external influences (in particular water and fall damage), force major (e.g. failure of the power supply or air conditioning system, damage caused by the elements) and other reasons for which neither elser.swiss nor the manufacturer/supplier are responsible.
If a spare part is purchased and installed by the customer himself, there is only a functional guarantee. (Only for spare parts and only insofar as the customer carries out the repair himself).
Spare parts must be tested before installation and use, any complaints must be reported immediately to elser.swiss.
Spare parts can only be exchanged or replaced under warranty if the said part is returned as received, i.e. including adhesive foils, protective foils, etc.
If a spare part is not returned as described above, there is no right to warranty.
Warranty services not covered by the manufacturer/supplier as well as additional costs caused by the customer will be charged to the customer.
The buyer must pay for the transport and associated costs to our domicile address. The risk of shipment and its proof are in both cases with the buyer. The costs for the return transport are carried by elser.swiss. In the event of missing or inadequate description of the defect, error tracing will be carried out by elser.swiss at the expense of the customer. In any case, the customer will comply with the procedures defined by elser.swiss or the respective manufacturer/supplier for the handling of any warranty claims.
Retention of title
The delivered goods remain the property of elser.swiss until full payment of the purchase price.
Place of jurisdiction
The place of jurisdiction for all legal relations is the registered office of elser.Swiss. Swiss law shall apply exclusively.
Should one or more clauses of this contract be invalid or void, this shall not affect the validity of the remaining clauses. The invalid or ineffective clauses of this contract shall be replaced by a clause which
shall be replaced by a valid clause that corresponds to the sense and purpose of this contractual provision.