General terms and conditions

General points

These General Terms and Conditions of Business (hereinafter referred to as GTC) regulate the general terms and conditions of business and services between SBS Schweiz AG and its customers, and between third-party retailers and their customers. The general terms and conditions of third party retailers do not apply.

All correspondence will be handled by SBS Switzerland's customer service, Gewerbestrasse 23, 4553 Subingen, or by e-mail to info@sbsmobile.ch. In the event of an offer from a third-party retailer, SBS Schweiz AG may forward the correspondence to the relevant third party.

Offer and Conclusion of Contract

The offer on the online store www.sbsmobile.com is directed at customers over the age of 18, with capacity to contract and residing in Switzerland. The offers are subject to change and are not to be considered binding.

The customer will receive a non-binding order confirmation. SBS Schweiz AG and third-party retailers reserve the right, in particular, not to accept order quantities exceeding the usual quantity of an article. An order is only considered placed upon confirmation of the shipment or of the availability of ordered items for pick-up.

In the case of purchases via www.sbsmobile.com, the purchase agreement is concluded directly between the customer and SBS Schweiz AG. If the items are purchased from a third-party retailer, the agreement is concluded between the third-party retailer and the customer. In the latter case, www.sbschweiz.ch will act only as an intermediary and not as a contracting party.

In principle, it is only possible to place orders or receive information on certain products if the customer registers on www.sbsmobile.com with an individual customer account or as a guest. Regardless of whether an order is placed, alongside their username (e-mail address), the customer must enter their official first and last name, address registered with the authorities, date of birth, desired language and a valid telephone number. To place an order through a personal account, a password must also be set.

Order and Delivery

Orders are placed through the website www.sbsmobile.com. If an item is found to be unavailable after order confirmation is issued, the order will be cancelled. The customer is not entitled to any further claims against www.sbsmobile.com or third-party retailers.

The delivery date stated in the offer or order confirmation serves only as guidance and is not binding. If a delivery deadline cannot be met by www.sbsmobile.com or the third-party retailer, the customer may withdraw from the order 30 days after confirmation of receipt of the order following written notification to customer service.

www.sbsmobile.com and third-party retailers are entitled to effect partial deliveries. If part of an order cannot be delivered, this does not entitle the customer to cancel the entire order. The customer can assert no further claims.

Delivery is made exclusively to addresses in Switzerland at the customer's risk and expense. In principle, delivery is only made to the customer's P.O. box or the curbside.

The customer undertakes to immediately verify the correctness, completeness and integrity of the delivered goods. Any damage to the delivered goods must be reported to SBS Schweiz AG as soon as possible, but no later than 5 calendar days after delivery. To lodge a complaint, all parts of the original packaging must be kept. These may only be disposed of with the written consent of SBS Schweiz AG.

Prices

SBS Schweiz AG and third-party retailers have the right to change the price at any time. The price published at the time of the order applies. Price changes made after order placement will not be considered.

All prices published in the online store www.sbsmobile.com include value-added tax (VAT) and the advanced recycling fee (ARF) in Swiss francs. Additional costs (e.g. shipping and packaging costs, surcharges for certain payment methods, transport guarantee, installation services and costs) are not included in the price. They are shown separately and may be charged additionally. We reserve the right to make technical changes, errors and misprints.

Payment and Retention of Title

The payment methods indicated on the online store www.sbsmobile.com apply. SBS Schweiz AG may exclude individual payment methods in general or for individual customers without further justification. SBS Schweiz AG is entitled to impose surcharges on individual payment methods. SBS Schweiz AG reserves the right to conduct credit checks on the customer and may forward the customer's data to third parties for this purpose.

When a purchase agreement is concluded between a third-party retailer and the customer, the purchase price is automatically transferred from the third-party retailer to SBS Schweiz AG (transfer). The customer can thus only settle their debt by paying the purchase price to SBS Schweiz AG.

When purchasing with credit cards or PayPal, payment is taken upon placement of the order. The data for payments via credit cards or Paypal is transmitted in encrypted form. The desired items cannot be reserved during this time. When stock is low, it may be the case that items listed as "in stock" cannot be delivered immediately until the order is activated.

Products delivered by SBS Schweiz AG or third-party retailers or collected by the customer remain the property of SBS Schweiz AG or of the third-party retailer until receipt by SBS Schweiz AG of the full purchase price (including all surcharges). The customer undertakes to treat the products with care for as long as they remain the property of SBS Schweiz AG or the third-party retailer.

Return, Warranty and Repair

Right of return and exchange

The customer does not have a general right of return or exchange. Some items may be returned in accordance with the applicable terms. We do not exchange products. Items can only be returned within 2 weeks (14 calendar days) from receipt of the goods. The date of delivery/collection is decisive in this case.

Scope of Warranty

SBS Schweiz AG or the third-party retailer grants the customer a warranty on purchased products. In the event of a warranty claim (i.e. in the case of defects occurring before or after delivery to the customer, or which are already present), the customer is entitled to a replacement or reduction. The choice of option lies with SBS Schweiz AG, the third-party retailer or the manufacturer. If SBS Schweiz AG, the third-party retailer or the manufacturer choose to terminate the contract, the purchase price shall be refunded. The following are excluded from the warranty:

- Damage caused by natural forces;

- Moisture damage;

- Impact or drop damage;

- Natural wear and tear;

- Software problems;

- Improper handling;

- Damage caused by external factors;

- Tampering or modification of the product;

- Wear parts such as batteries, accumulators, projection lamps, and housing parts;

All legal warranty is excluded.

Defective Products

In the event of a defect that is not covered by the grounds for exclusion of warranty, the customer must contact the customer service of SBS Schweiz AG. Third-party repair costs will not be reimbursed. The customer shall return the defective product at their own expense and risk to the address of SBS Schweiz AG, as listed on www.sbsmobile.com. Products must be delivered or shipped with all accessories in their original packaging, with the sales receipt/delivery note enclosed. If the original packaging is missing, the product must be packaged in a manner suitable for transport. Returned products presenting no defects, shipped to the wrong address, with defective packaging or missing accessories and/or whose return was not agreed upon, may be sent back to the customer. In such cases, SBS Schweiz AG or the third-party retailer is entitled to charge a handling fee.

Liability

Except in cases of intent or gross negligence, claims for damages against SBS Schweiz AG or the third-party retailer resulting from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded. Liability for indirect and consequential damage arising from use, malfunction or loss of performance is excluded.

Personalised Advertising

SBS Schweiz AG does not want to send customers with active customer accounts as much advertising as possible, but rather the right advertising. Therefore, this is based on an analysis of previous purchases and customer behaviour and avoids unnecessary advertising. These personalised ads are served by SBS Schweiz AG through various means and channels, such as, but not limited to, email, post, telephone and text or image messages (SMS, MMS). Creating a customer account on SBS Schweiz AG constitutes acceptance to receiving personalised advertising. The customer is entitled to withdraw their consent at any time through their personal account. All personalised emails and newsletters also contain an unsubscribe link that allows the customer to withdraw their consent.

Data Protection

By registering as a guest, creating a personal customer account and/or using our website www.sbsmobile.com without registering constitutes acceptance of the terms of our Privacy Policy. By registering on www.sbsmobile.com, users can create their own personal customer profile. Collected customer data may be employed for marketing, advertising and statistical purposes (e.g. market research).