Conditions
The rephone is distributed by Recommerce AG/recommerce.ch. The General Terms and Conditions of recommerce.ch therefore apply
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Terms and conditions
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions that take place via our website www.verkaufen.ch and completed on site. The website is operated by Recommerce AG (hereinafter referred to as "Recommerce").
The customers are hereinafter referred to as "the customer". For the sake of readability, the feminine form is omitted.
The prices on the websites are valid as an offer and include the applicable statutory value-added tax. However, this offer is always subject to the contract-dissolving condition of an impossibility of delivery or an incorrect price quotation. Any transport and packaging costs will be charged additionally.
Our products and services are aimed exclusively at customers with their place of residence or company headquarters in Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
Recommerce reserves the right to change these terms and prices at any time. The version of these General Terms and Conditions valid at the time of the order or order is decisive.
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Purchase of products
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Purchase through our website
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Entry of purchase order
The customer selects the appropriate product www.verkaufen.ch The purchase price, which is guaranteed for 14 days, is displayed based on his product and condition description.
The purchase value shown is subject to the following conditions:
- Removed Apple ID and other manufacturer locks.
- The product works perfectly, is not bent and has no moisture damage.
- The product was purchased in the European Economic Area and is not tied to foreign SIM cards or networks.
- The product and all components are original goods and have not been modified (jailbreak, etc.).
- The battery corresponds to the specifications of the respective manufacturer and therefore has sufficient capacity and no message regarding too many charging cycles or no special replacement service message.
If these conditions are not met, Recommerce will provide the customer with an individual offer. -
Submitting the Products
The sending of products is free of charge if the customer uses our franking. The customer receives this franking by email or can download it directly from our website. The products are shipped with B Mail.
Any postage costs incurred by any other means shall be borne in full by the customer. -
testing of the products
After receiving the products, they are first deleted and then a complete function test is carried out.
If the product and its properties match the customer information, Recommerce will accept the offer by email at the price already determined.
If the inspection of the goods reveals that the actual condition deviates from the customer's product and condition description, Recommerce will submit a counter-offer to the customer by email or telephone.
The customer can accept or reject this counter-offer within 7 days of receipt of our email. If the customer rejects the counter-offer, Recommerce will send the product back to the customer's address free of charge by B Mail or, if expressly requested by the customer, will dispose of it.
If the customer does not respond to the counter offer within 7 days, i.e. neither expressly accepts nor rejects it, then Recommerce assumes that the customer intends to accept the counter offer.
A purchase is only made in quantities customary for private customers. If the customer offers a larger number of a product, Recommerce expressly reserves the right to make the customer a counter offer for all items offered or to reject the offer. -
Payment of customer credit
The payment of the agreed purchase price takes place immediately after acceptance of the offer by Recommerce or the counter-offer by the customer. Recommerce will confirm the payout amount via email.
Payment is made to the IBAN number that the customer entered when creating the order. Payments can only be made to bank or postal accounts in Switzerland or Liechtenstein.
The customer is responsible for the correct specification of his payment and account details. Delays and additional costs due to incorrect information are not at the expense of Recommerce.
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Purchase of products on site
If the customer is in the vicinity of a branch, he can also bring his products by.
Recommerce records the customer's personal data and products and then gives the customer a guideline for the purchase of his products.
If the customer agrees to this benchmark, Recommerce will fully review the products. The testing time is approximately 30 minutes per product, or up to 2 hours with a laptop.
If the test confirms the assumed guideline value, Recommerce will buy the products at the price already determined.
If checking the products reveals that the actual condition differs from the description of the product and condition, Recommerce will make a counter-offer to the customer. The customer can then accept or reject this counter-offer.
The purchase price is paid in cash or to a bank/postal account. If the customer wants a cash payment, the customer must identify himself with an official ID (driver's license, valid foreigner's license, ID or passport).
If the customer does not accept the offer, his products will be handed over to him personally or sent by B-Post if possible.
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Product ownership and other notices
By submitting his offer to Recommerce, the customer warrants that he is the legal owner of the products or is entitled to provide Recommerce with ownership of these products. The customer also assures Recommerce that the products offered are free of any third-party rights.
In addition, the customer undertakes by submitting his offer to indemnify Recommerce from all third-party claims of whatever type and origin regarding the products offered.
The ownership of the products passes to Recommerce at the moment of acceptance of the offer by Recommerce or in the event of a counter-offer by the customer.
In order to maintain quality for customers, only original goods from the respective official manufacturers (such as Apple, Samsung, etc.) are purchased. If the goods are not genuine, Recommerce reserves the right to charge shipping costs and an inspection fee, and to take legal action if fraud is suspected. To ensure purchase of original, working product, Recommerce is granted the right to open the original packaging for inspection purposes if necessary.
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sale of products
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conclusion of contract
The prices in our shop are valid as an offer. However, this offer is always subject to the contract-dissolving conditions of an impossibility of delivery or an incorrect price quotation.
All technical information on the individual products is based on information provided by the manufacturer.
The purchase contract for products or services is concluded as soon as the customer places his order in the online shop, in one of the branches, by telephone or e-mail (hereinafter referred to as "purchase contract").
After the conclusion of the purchase contract, the customer receives an automatically generated order confirmation to the e-mail address provided by him. The receipt of this order confirmation does not contain any promise that the product can actually be delivered. It merely indicates to the customer that the order placed has arrived and that the contract with Recommerce has thus been concluded under the condition that delivery is possible and that the price is correct.
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date of delivery
All products in the online shop are in stock in our central warehouse in Steinhausen and are immediately available. Delivery is by A Mail and exclusively to addresses in Switzerland or Liechtenstein.
If an ordered product is no longer available, Recommerce expressly reserves the right to exchange the product for an equivalent product.
If Recommerce is in default of delivery, the customer has the right to withdraw from the contract within 14 days of the order date. In this case, Recommerce will reimburse the customer for amounts already paid in advance. There are no further claims by the customer against Recommerce due to delay in delivery or termination of contract.
If the customer has chosen collection in Steinhausen and does not collect the ordered products within 14 calendar days of being ready for collection, Recommerce can dissolve (cancel) the contract.
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Payment
The order confirmation by e-mail contains all relevant contract information and also our account details.
Unless otherwise agreed, payments must be made in Swiss francs and net within seven days of receipt of the invoice.
The customer can use the payment options offered in the online shop under "Payment Options". Cash payment is only possible in the case of collection in Steinhausen. See also Shipping and Payment
If the customer decides to use the “Invoice with installment payment option (POWERPAY)” payment method, POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, the customer also accepts the General Terms and Conditions of Recommerce Terms and Conditions of Powerpay . The customer can then pay this bill either in monthly installments or all at once.
The execution of the customer order depends on the selected payment method:
Credit cards, PayPal, Twint or Powerpay
After receipt of full payment and thus same day or next working day.
PostFinance or prepayment
After full credit to our bank or postal account
(The time it takes for our account to be credited depends on the selected banks or the post office. This credit is usually the next working day. It should be noted that the credit can take up to 3 working days if the deposit was made at the post office counter .)
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Change of order or cancellation
Orders oblige the customer to accept the products. Subsequent changes or cancellations may be accepted by Recommerce at its sole discretion. In this case, the customer must contact Recommerce customer service by email or telephone.
If the order has already been delivered, Recommerce's return policy applies.
If the order has not yet been delivered, Recommerce will reimburse the customer for the purchase price paid to his specified bank account.
If a (partial) delivery impossibility (condition subsequent) occurs after an order or the conclusion of a contract, the customer will be informed immediately by e-mail or telephone. If the products have already been partially or fully paid for, this paid amount will be refunded. If payment has not yet been made, the customer is released from the obligation to pay. Any further claims due to delay in delivery or delivery failure are excluded.
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Returning Products
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General
Subject to the exceptions below, the products purchased via our online shop can be returned within 14 calendar days (from delivery/delivery or invitation to collect by post or collection from Recommerce AG on site). The products are to be packaged professionally with all accessories.
Redemptions after this deadline will generally be rejected. -
refund value
The following rules apply to the calculation of the refund value:
Full refund of the purchase price:
- The product has no functional defects, is in identical condition (signs of use) and the accessories are complete.
- The product was purchased unopened and sealed and returned in the same condition.
Individual exam:
- The product either has functional defects, the signs of use deviate from the delivery condition or the accessories are incomplete.
- The product was purchased unopened & sealed and returned open.
In cases with an individual check, a deduction of at least 10% is made on the purchase price. The minimum refund value is the current purchase value from Recommerce. -
Postage costs for the return
Postage costs for returning items are generally the responsibility of the sender.
If the customer has received a product that was not ordered or the product is defective upon receipt (DOA), Recommerce will cover the postage costs.
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Repairs
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conclusion of contract
The customer selects the product and the desired repair on our website and is immediately shown the corresponding repair price. This repair price is guaranteed for 14 days, whereby this price is subject to the conditions annulling the contract in the event of an impossibility of delivery or an incorrect price indication.
The contract for services is concluded as soon as the customer places the order in the online shop, in one of the branches, by telephone or e-mail (hereinafter referred to as "purchase contract").
After the conclusion of the purchase contract, the customer receives an automatically generated order confirmation to the e-mail address provided by him. Receipt of this order confirmation does not constitute a guarantee that the product can actually be repaired. It merely indicates to the customer that the order placed has arrived and that the contract with Recommerce has thus been concluded under the condition that delivery is possible and that the price is correct.
If Recommerce is in default of delivery, the customer has 14 days from the date of the order to withdraw from the contract. In this case, Recommerce will reimburse the customer for amounts already paid in advance. There are no further claims by the customer against Recommerce due to delay in delivery or termination of contract.
If the customer has not sent in or delivered the product within 14 calendar days of placing the order, Recommerce may dissolve (cancel) the contract.
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Repair via our website
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Entry of repair order and submission
If the customer is not shown any corresponding information about the lack of availability on the website, the corresponding spare parts should be in stock in our central warehouse in Steinhausen.
As a rule, the repairs are carried out on the day of receipt and sent back to the customer by priority mail. A delayed return, regardless of the cause, in no case entitles to a deduction of the invoice amount and is not the basis for a claim for compensation.
The products are delivered exclusively to addresses in Switzerland or Liechtenstein.
Before submitting, please note the following points:
- Apple ID, other manufacturer locks or passwords need to be removed.
- If possible, the data should be backed up beforehand.
- Chargers, cables, SIM/SD cards, protective covers, watch straps or packaging should be removed or not sent along. Recommerce accepts no liability for losses.
It should be noted that Recommerce will have to remove any protective glass or film fitted for repair if necessary and will not provide a replacement.
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payment
The order confirmation by e-mail contains all contract information and also our account details.
Unless otherwise agreed, payments must be made in Swiss francs and net before the start of the repair.
The customer can use the payment options offered in the online shop under "Payment Options". Cash payment is only possible in the case of a repair at one of our locations. See also Shipping and Payment
If the customer chooses the payment method purchase on account with payment in installments option (POWERPAY), POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on account, the customer also accepts the General Terms and Conditions of Recommerce Terms and Conditions of Powerpay . The customer can then pay this bill either in monthly installments or all at once. -
testing and repair
After receiving the products, they are first deleted and then a complete function test is carried out.
If the test confirms the defect selected by the customer, the product is usually repaired on the same day and sent back to the customer by priority mail.
If Recommerce determines during the check that there are other defects, the customer will receive a new cost estimate, which he can accept or reject. If the customer accepts this cost estimate, the customer will receive an invoice with the difference. If the customer rejects this cost estimate, the original repair will be carried out, provided this is technically reasonable.
If Recommerce determines during the inspection that the product cannot be repaired, Recommerce will return the product to the customer or dispose of it free of charge. In both cases, Recommerce refunds the invoice amount paid (including postage costs) minus a processing fee of CHF 30.00.
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Repair of products on site
If the customer is in the vicinity of a branch, he can also bring his products by. It should be noted that Recommerce cannot carry out all repair options in every branch and in some cases Recommerce must therefore send the product to the head office.
Recommerce records the customer's personal details and products and then gives the customer a guideline for the repair of the product. If the customer agrees to this guideline and the spare parts are available on site, the repair usually takes two hours.
If, upon review, Recommerce determines that there are additional defects or that the product is not repairable, Recommerce will contact the customer to discuss the new situation.
If the customer decides not to repair the device, a handling fee of CHF 30.00 will be charged or this amount will be deducted from the invoice amount already paid (including postage costs).
The customer is entitled to the as a means of payment in the repair shop «Payment options» offered payment options and a cash payment are available.
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Customer Data and Data Transfer
As part of our acceptance of goods and inspection, Recommerce carries out data deletion, resets to the delivery status and, under certain circumstances, software updates that lead to the permanent deletion of existing data.
For these reasons, the customer undertakes to secure his personal data before sending in the products.
Recommerce excludes any liability for data loss and corresponding consequential damages within the legally permissible framework. This exclusion of liability also applies in the event that the customer does not comply with his data backup obligation and the data is lost as a result of a warranty service or repair by Recommerce or its partners.
If Recommerce carries out data backups or transfers on behalf of the customer, Recommerce does not guarantee the success and completeness of the backup or transfer. Any liability claims on the part of the customer within the legally permissible framework are therefore excluded.
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Transport insurance
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Submission of the products by the customer
Since damage due to improper packaging is not insured, it is essential that the products are packed very carefully. The customer bears the risk of loss or other damage during transport, unless the transport insurance of Swiss Post covers this. It is only transferred to Recommerce when the products are handed over from Swiss Post.
Shipping is insured by Swiss Post transport insurance up to an amount of CHF 500.00. -
Shipping of the products by Recommerce
The products are shipped by Recommerce via Swiss Post and the following liability limits therefore apply:
- Package value up to and including CHF 250.00 - Liability limit CHF 500.00
- Package value from CHF 250.00 - Liability limit CHF 1'500.00
This regulation applies to all private and business customers with whom no special written agreement has been concluded.
In the event of damage, the General Terms and Conditions of Swiss Post apply.
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Inspection obligation
The customer must check delivered or collected products immediately for correctness, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries must be reported by telephone or email within 7 calendar days from the time of collection or delivery. Recommerce will then email the customer the necessary instructions for the next steps.
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Guarantee / Warranty
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sale of products
The warranty period for the products offered may vary and is defined in the online shop and on the invoice or Recommerce warranty certificate. It starts from the delivery or collection date.
During this period, Recommerce assumes the guarantee that the ordered product is free of defects and that it is functional. The warranty period continues regardless of the provision of any warranty services.
Recommerce may choose to carry the guarantee
- free repair (original warranty period continues);
- Partial or total replacement with an equivalent used/repaired product (original warranty period continues);
- Credit at the current price (maximum the sale price at the time of the order);
- provide reduction.
If the defect is remedied by replacing the device or by installing a new spare part, the defective device or spare part becomes the property of Recommerce.
Liability for normal wear and tear, software problems, as well as consumables and accessories is excluded. Otherwise, the exclusions of liability according to Section 9 apply.
The warranty period for batteries and accessories is a maximum of 3 months, regardless of the warranty period for the product ordered.
If the manufacturer's guarantee goes beyond the Recommerce guarantee, Recommerce also grants this to the customer. -
repair of products
The warranty period for repairs is 3 months and is defined on the invoice or the Recommerce warranty certificate. It starts from the delivery or collection date.
During this period, Recommerce assumes the guarantee that the repaired spare part is free of defects and that it is functional. Any guarantee on other components of the repaired device is excluded.
If Recommerce performs a warranty service, Recommerce grants a 3-month warranty on the repaired or replaced device; if the original warranty period lasts longer, this applies. These warranty periods are neither interrupted by any warranty services nor do they begin to run again.
The defective part becomes the property of Recommerce after repair.
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Liability and Disclaimer
Liability is based on the applicable legal provisions. However liable
Recommerce in no case for slight negligence, indirect and direct damage and consequential damage as well as damage from delay in delivery.
Furthermore, Recommerce accepts no liability in the following cases:
- improper, non-contractual or illegal storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (e.g. power supply);
- Improper modification or repair of the Products by Customer or a third party;
- Force majeure, in particular natural hazards, moisture, fall and impact damage, etc., for which Recommerce is not responsible and official orders.
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Further instructions
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Refused Acceptance
If the customer refuses to return a device, the device remains available for collection from Recommerce for a period of 3 months. After this period, Recommerce may dispose of these products at its own discretion. -
Products cannot be assigned
Products received from purchases, returns or repairs that Recommerce cannot assign to a customer are kept for three months. After this period, Recommerce may dispose of these products at its own discretion. -
Default of payment and retention of title
If an invoice is not paid or only partially paid within the period, the customer is in default without a reminder.
Recommerce reserves the right to exclude customers from individual payment options without giving reasons.
Ordered products remain the property of Recommerce until full payment has been made. -
privacy
The Privacy Policy is an integral and binding part of these GTC. -
partial invalidity
Should individual provisions of these General Terms and Conditions be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected.
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place of jurisdiction
The legal relationships between Recommerce and customers are exclusively subject to Swiss law. Place of jurisdiction is Zug.
May 2020
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