Last modified: 14.03.2025 6:09 AM
General Terms of Sale
General and Scope of Application
These general terms and conditions of sale and delivery apply to all offers, order confirmations, deliveries, and services provided by Smart City Swiss SA, including those made through the e-shop at www.smartcityswiss.com (hereinafter: e-shop).
Unless otherwise agreed in writing, no clauses in conflict with the contractual relationship between Smart City Swiss SA and its customers shall apply.
Smart City Swiss SA reserves the right to change these general terms at any time. The version of the general terms in force at the time of the order is decisive and cannot be unilaterally modified for that order.
The offer of products and services in the online store is exclusively intended for customers residing or having their legal seat in Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
The offer is valid as long as the product is available in the online store via the search function and/or within available stock limits.
Smart City Swiss SA reserves the right to refuse orders that exceed normally ordered quantities.
Order Process and Contract
The products and prices published in the online store are considered contractual offers for the products for which an order can be placed directly from the site (except for those for which a quote request is possible).
It is specified that such offers are subject to the resolutive condition of impossibility of delivery or incorrect price indications. It is also specified that images of the products in advertising, brochures, online stores, etc., are for illustrative purposes and are not binding. Additionally, all information regarding availability and delivery times is provided for reference and may be changed at any time.
The contract is concluded with Smart City Swiss SA as soon as the customer places the order on the e-commerce website www.smartcityswiss.com, by phone, or by email (hereinafter “contract”).
In the case of an online order, the order's receipt is automatically confirmed to the customer via email. The receipt of the automated order confirmation does not imply confirmation that the product can indeed be delivered. It merely informs the customer that the e-commerce site has received the order and that the contract has been concluded with Smart City Swiss SA, provided the product can be delivered and the price indicated is not incorrect.
Orders oblige the customer to accept and receive the products and services. Smart City Swiss SA may, at its discretion, accept subsequent changes or cancellations of orders if the ordered products are fungible, and charge a penalty of 20% of the cancelled order amount, but at least CHF 60.–, in addition to any possible loss of value (from the time of the order) of the cancelled products.
In case of partial impossibility of delivery (resolutive condition) occurring after the order or contract conclusion according to Article 3, the customer will be informed immediately by email. If the order has already been paid for, the amount will be refunded. If no payment has been made, the customer is relieved of the payment obligation. Any other rights related to delays or impossibility of delivery are excluded.
Price
Unless otherwise agreed, all prices are quoted in Swiss Francs.
All selling prices published in the online store are the prices that include all taxes (including VAT), any pre-paid recycling fees (TAR), packaging costs, and all other applicable taxes or fees. The only exceptions are shipping costs and any minimum quantity supplement, which will be charged by Smart City Swiss SA. Shipping costs are indicated before finalizing the order. In addition to the final price, a minimum quantity surcharge is applied to bring the total cart value, excluding shipping costs, below CHF 150.–.
Smart City Swiss SA reserves the right to modify prices for products and services offered at any time. The price indicated in the online store at the time of the order is decisive for the conclusion of the sales contract for products that can be ordered directly from the site (except for those for which a quote request is possible).
Shipping
Shipping is at the buyer's expense and risk. Any damage or discrepancies in quantities must be immediately reported in writing to Smart City Swiss SA.
The profits and risks related to the goods are transferred to the buyer at the time of the order (Art. 185, par. 1 CO).
The delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, any additional costs are borne by the customer.
Inspection and Receipt
It is the customer’s responsibility to immediately check the correctness, completeness, and functionality of the products upon receipt.
If delivery was made by a transport company, any damage to the delivery must be specified on the delivery document.
Any errors or damages must be reported in writing to Smart City Swiss SA immediately upon discovery, or within a maximum of 5 days from receipt of the products. The customer is not authorized to use a damaged product. They must retain it in its original packaging and follow the return instructions that Smart City Swiss SA will provide in writing.
After 5 days from receipt of the products, they are considered accepted by the customer.
Warranty
Smart City Swiss SA offers a warranty for the absence of defects and proper functioning of the ordered product for 2 years after delivery. The warranty period continues to run even if a warranty service is provided. Smart City Swiss SA or the merchant can provide the warranty performance alternatively by offering a free repair, partial or total replacement with a used product of equal value, replacement with a new product from Smart City Swiss SA, a purchase voucher at the current price, or a discount.
Consumables, in particular batteries, accumulators, power cords, light bulbs, and software issues are excluded from the warranty of Smart City Swiss SA. For the rest, liability exclusions apply according to Article 8.
If the manufacturer’s warranty exceeds the warranty of Smart City Swiss SA, the latter extends the manufacturer's warranty to the customer.
In case of delivery of data media or products containing data memory to Smart City Swiss SA, it must always be assumed that data may be completely lost. The customer is responsible for backing up and properly protecting their data. Smart City Swiss SA disclaims all liability for any data loss.
Smart City Swiss SA may, at its discretion, provide a replacement product during the warranty check (conditional exchange). This is done with the condition (suspensive) that it is indeed a warranty case. The customer obtains ownership of the replacement product only when warranty confirmation is provided by Smart City Swiss SA or the merchant. In case of warranty refusal by Smart City Swiss SA or the merchant, the customer may purchase the replacement product at its value at the time of delivery or must return it at their own expense.
All other provisions, particularly legal warranty provisions, are excluded.
Liability
Smart City Swiss SA disclaims all liability for direct and indirect damages resulting, among others, from delivery and performance delays, poor-quality materials, defective construction, or inadequate execution, including lost profits, to the extent permitted by law (cf. Art. 100 CO). In particular, liability for actions or omissions of Smart City Swiss SA's auxiliaries (Art. 101, par. 2 CO) is excluded.
Smart City Swiss SA also disclaims all liability in case the contract cannot be performed by Smart City Swiss SA due to force majeure or can only be partially performed.
Liability is governed by provisions set out by law. However, the liability of Smart City Swiss SA is never engaged for (i) minor negligence, (ii) direct, indirect, and consequential damages, lost profits, (iii) unearned savings, as well as (iv) damages resulting from a delivery delay, and (v) all actions or omissions of Smart City Swiss SA's auxiliaries, whether within or outside the scope of the contract.
Furthermore, Smart City Swiss SA or the merchant are relieved from all liability in the following cases:
• improper storage, placement, or illegal use of the product;
• use of incompatible accessories or spare parts (e.g., power supply);
• lack of maintenance and/or improper modification or repair of the product by the customer or a third party;
• in case of force majeure, including damages caused by elements, humidity, falls, shocks, etc., not attributable to Smart City Swiss SA or authorities.
Smart City Swiss SA is relieved of all liability for losses or damages of any nature—whether direct, indirect, or consequential—resulting from the use or access to Smart City Swiss SA's websites or links to third-party websites. Smart City Swiss SA does not guarantee the smooth operation of all parts of its site. Additionally, Smart City Swiss SA disclaims all liability for manipulation of the customer's computer system by unauthorized third parties.
The customer is required to keep their login data strictly confidential and take reasonable measures to protect their account against unauthorized access, such as using a secure password, two-factor authentication, using up-to-date browsers and antivirus software, etc.
All actions, particularly orders, made from the customer’s account are attributable to the customer. The customer is responsible for orders made from their account.
Payment
Payments must be made in Swiss Francs.
The customer may use the payment methods offered in the online store in the "Payment Methods" section. The applicable rates are indicated in the "Payment Methods" section and detailed during the order process.
In case of payment by credit card or other instant payment methods, the charge is made at the time of the order.
In case of payment in advance, delivery will only occur after payment has been received. Products in stock at Smart City Swiss SA are reserved until the payment deadline, which is at least 10 days. Products to be delivered from an external distributor are only ordered once payment is made.
When the customer is eligible for purchases on invoice and requests this payment option, they are required to pay the invoice amount within 30 days from the order's receipt.
If the customer fails to fulfil all or part of their payment obligations, all unpaid amounts owed to Smart City Swiss SA become immediately due. Additionally, Smart City Swiss SA has the right to suspend any product deliveries to the customer until they have fully settled the amounts due.
Starting from the second payment reminder, Smart City Swiss SA charges a penalty of CHF 5, and from the third reminder, a penalty of CHF 20. In case of unsuccessful reminders, invoice amounts may be transferred to a debt collection agency. In such cases, an effective annual interest rate of up to 15% may be charged on the invoice amount starting from the due date. The debt collection company acts on its own behalf and may charge additional management fees.
Ordered products remain the property of Smart City Swiss SA until full payment is made (retention of title). Smart City Swiss SA has the right to register a corresponding entry in the property retention register.
Returns
Returns are not accepted by Smart City Swiss SA.
Data Protection
Smart City Swiss SA takes data protection seriously. Respecting privacy in the processing and storage of personal data is one of our priorities. Our data protection statement can be found here.
Partial Invalidity
If any provisions of these general terms and conditions are found to be invalid, the validity of the remaining provisions of the contract and the general terms and conditions will not be affected.
Copyright
Copying our printed products or our web pages as well as the full or partial reproduction of any of them is only permitted with written consent from Smart City Swiss SA.
Commitment Card
The contracting parties declare:
• to act in accordance with the laws and regulations applicable to them, both national and international;
• to respect the principles of fair competition;
• to refuse all forms of corruption.
The contracting parties agree that this provision is a prerequisite for the conclusion of the contract.
Place of Performance, Jurisdiction, and Applicable Law
The place of performance and the exclusive jurisdiction for any disputes arising from the contractual relationship between Smart City Swiss SA and the buyer is the location of Smart City Swiss SA's headquarters. The contractual relationship between Smart City Swiss SA and the buyer is governed exclusively by Swiss law.