General Terms and Conditions

1.validity of the AGB and conclusion of the contract
1.1 These General Terms and Conditions (GTC) apply to sales contracts with private customers and companies that are concluded via the website https://cbuy.ch/. By visiting and using our website, by placing an order on our website, and/or by confirmation by e-mail, post or telephone, you expressly declare that you have read and accept these terms and conditions and the privacy policy. By placing a check mark at the end of the ordering process under “Order Now” you confirm that you have read and accept the validity of the GTC and the Privacy Policy.
You agree to be bound by these GTC and the Privacy Policy and thus conclude a contract with SWISS Gate AG, a public limited company registered in Switzerland with its registered office in Bachenbülach/ZH with the UID number CHE-364.465.521. If you do not wish to accept these Terms and Conditions and/or the Privacy Policy, you may not check the box “I have read and agree to the Terms and Conditions”, visit and use the website or place orders via our website.

1.2 The order will be confirmed by the provider by means of an automatic confirmation of receipt. This automatically sent e-mail is only for your information about the successful data transfer. It does not constitute a binding contract and does not yet constitute acceptance of your order. Acceptance (conclusion of contract) is only effected when SWISS Gate AG sends the goods.

2. prices and special offers
2.1 Unless otherwise agreed, prices are quoted in Swiss francs including value added tax.

2.2 The provider reserves the right to change the prices at any time. The prices quoted in the order confirmation sent by e-mail, letter or fax are decisive. If these prices are higher than those at the time of the order, the latter shall apply. In the event of delivery delays or procurements, the daily price on the day of the order shall apply.

2.3 Any terms and conditions for promotions and discounts can be found in the relevant information.

3. terms of delivery
Attention: We currently only deliver within Switzerland and Liechtenstein.

3.1 Delivery costs are – unless otherwise stated – always at the expense of the buyer and are not included in the purchase price. From a minimum order value of CHF 30, the delivery costs are waived. The flat-rate delivery charge is generally incurred once per order and is shown in the shopping cart.

3.2 We can only deliver our products between Monday and Saturday (except public holidays). As soon as you have sent an order, you can no longer change the delivery address. If you want to change the delivery address after you have sent an order, please contact us as soon as possible using the following link.

3.3 The delivery time is approximately 1-3 working days. The actual delivery date of a product depends on whether the product is in stock and on the delivery address you have given us. It also depends on whether we have received your payment.

3.4 You must inform us via the link below before the agreed delivery date if there are any circumstances that are relevant to the delivery. These are without exception all factors relating to access: On the way to your delivery address (e.g. deep bridges, narrow roads, etc.) and/or at your delivery address itself (e.g. small doors, narrow passages, steps, etc.). Please consider carefully whether you have such factors.

3.5 You may be required to pay additional delivery charges if:

– it is not possible for us to complete a delivery because on the day of delivery there is no person over 18 years of age at the delivery address to receive the product;

– you try to change the delivery address after the package has already been sent to you; and/or;

– you fail to inform us of any special circumstances that are important for the delivery.

Although we make every effort, we cannot guarantee anything, and it is possible that we reserve the right, at our sole discretion, to cancel delivery of the product to a specific address within a building at the delivery address.
If your order includes goods whose sale is subject to age restrictions, we will ensure that the purchaser has reached the required minimum age by using a reliable process involving personal identity and age verification. The deliverer hands over the goods only after the age check and only to the orderer personally.
Benefit and risk are transferred to the customer with the delivery of the goods to the customer.

4. Right of withdrawal 
4.1 Our offers are described in detail and transparently on the website https://cbuy.ch/. The customer can obtain detailed information about them without time pressure.

4.2 If you are acting as a consumer, you may revoke your contractual declaration within 30 days without stating reasons in writing (e.g. letter or e-mail) or by returning the goods. The period begins the day after you have received the goods. The timely dispatch of the revocation or the goods is sufficient to meet the revocation deadline.

The revocation has to be sent – under indication of the appropriate payment details for the repayment of the purchase price – to:

SWISS Gate AG
customer care center
Kasernenstrasse 4b
CH-8184 Bachenbülach

or on:
customer-care@cbuy.ch

Please note that for legal reasons we cannot take back or refund products that have already been opened/unsealed.

4.3 As soon as we receive the goods back, we will refund the purchase price. You will receive a pre-franked free return label with every order. The costs for the return shipments shall be borne by SWISS Gate AG.

5. warranty
5.1 The buyer must inspect the delivered goods as soon as possible and report any defects immediately. Secret defects can be complained about even after the goods have been put into operation or used. The making of payments does not constitute a waiver of a notice of defects.

5.2 If there is a defect, the buyer has the choice to demand free rectification, to make a deduction from the price corresponding to the reduced value, to withdraw from the contract or to obtain a replacement delivery. The right of the Buyer to demand compensation shall remain reserved in all cases.

6. payment
6.1 Prepayment
You can choose the option “Prepayment” on the order form and transfer the amount in CHF to our account after order confirmation. Please transfer the amount listed in your order confirmation in the appropriate currency to our account below, stating your order number. Fees must always be paid by the client:

Beneficiary:
SWISS Gate AG
Kasernenstrasse 4b
CH-8184 Bachenbülach

Bank:
Raiffeisenbank Wil und Umgebung
IBAN No.: CH17 8080 8009 2358 1716 2
BIC: RAIFCH22D20

After receipt of your payment the ordered goods will be shipped.

6.2 Purchase on account (with instalment facility)
As an external payment service provider, MF Group offers the payment method “purchase on account”. With the order invoice, you can pay for your online purchase simply by invoice, payable within 14 days. If you choose not to make payment within the specified time frame, you will receive a monthly invoice with an order overview in the following month. The granting of the payment option on invoice is subject to a positive credit check by MF Group. The maximum order value for purchase on account is CHF 1’000 per customer/order.
On conclusion of the purchase contract MF Group takes over the invoice claim which has arisen and processes the corresponding payment modalities in cooperation with Powerpay. When purchasing on account, you accept the MF Group’s General Terms and Conditions in addition to our General Terms and Conditions. (mfgroup.ch/en/agb).

6.3 Unless an advance payment has been agreed with you for an order of one or more Products, in which case you will pay the difference in the purchase price of the Product(s) ordered at a later date (which will be displayed on the Website or communicated to you by telephone when you place your order), you must pay the full purchase price of the Product(s) ordered for all orders. Unless otherwise agreed, we will not ship the product(s) ordered until we have received full payment. In case of bank transfers, the expenses must be paid in full by the sender.

6.4 The purchase price is due on delivery on account within 14 days after delivery of the goods. If payment is not made within this period, the customer will be in default.

6.5 In the event of default, Powerpay will remind the customer 3x in writing. The following fees become due with the reminder of the claim:

Reminder after 30 days: CHF 18
2nd reminder after 60 days: CHF 28
Last reminder after 90 days: CHF 38

If the outstanding amount is not paid even after the last reminder, the claim is pursued. Powerpay transfers the claim to the company infoscore AG for collection.

6.6 If we make advance payments, e.g. in the case of a purchase on account, we may, if necessary, obtain a credit rating from a credit agency on the basis of mathematical and statistical methods in order to protect our legitimate interests. For this purpose, we shall transmit the personal data required for a credit assessment to MF Group, P.O. Box 336, CH-9004 St. Gallen, and shall use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship.
The creditworthiness information may include probability values (score values) which have been calculated on the basis of scientifically recognized mathematical-statistical procedures and in the calculation of which address data, among other things, are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. For the purposes described above, we have a legitimate interest in data processing in the sense of Art. 6 Par. 1 lit. f EU-DSGVO.

6.7 Payments with debit or credit cards as well as via PostFinance e-Payment: All payment transactions may be subject to validity checks and authorizations, either by your bank or by us (although we may commission third parties to perform this authorization in accordance with our Privacy Policy). If your credit card provider does not make the payment or does not agree to the payment, we will not be liable for any delay or refusal to accept the order. Customer payments in the https://cbuy.ch/ online store take place in a protected area where the data is transmitted in encrypted form. SWISS Gate AG cannot assume any liability for the security of the transmission and the data transmitted.

6.8 If for any reason a payment is rejected after we have already shipped our product(s), we have the right to demand payment from you or to reclaim the corresponding product(s) from you. We may charge you a fee for our expenses incurred in obtaining the product(s) back or insist on further payments.

6.9 All products ordered remain our property and will not become your property until we have received the full purchase price for the product(s).

7. liability for online connections
7.1 The provider undertakes to ensure that systems, programs, etc., which belong to him and over which he has influence are secure according to the latest technical standards and to comply with the rules of data protection.

7.2 Customers shall ensure the security of systems, programs and data within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

7.3 The Provider shall not be liable for defects and malfunctions for which it is not responsible, in particular for security deficiencies and operational failures of third-party companies with which it cooperates or on which it is dependent.

7.4 Furthermore, the Provider shall not be liable for force majeure, improper action and disregard of risks on the part of the Customer or third parties, excessive strain, unsuitable operating resources of the Customer or third parties, extreme environmental influences, interventions by the Customer or disruptions by third parties (viruses, worms, etc.) which occur despite the necessary up-to-date security measures.

8. your account and password
8.1 To access certain features of our website and/or to place an order, you will be asked to register with us and create an account. To do this, you will need the following: You will need to create a password, provide us with certain personal information including your name and e-mail address and any other details (for example your zip code) that we may require during the registration process. In addition, you must agree that we process your personal data in accordance with our privacy policy.
If, as stated above, you do not agree to our terms and conditions or our privacy policy, you should not use this website or create an account with us.

8.2 You are responsible for the security and reliability of the password and other login information on your account. You accept full responsibility for all activities that occur under your account. If you have reason to believe that your password has been compromised and/or that your account has been, or is likely to be, used without your authorization, you should contact us immediately. We will not be liable for any loss or damage arising from your failure to protect your password and/or account credentials.

8.3 You are responsible for the accuracy and completeness of the personal data provided by you to us and you warrant that such data is complete and accurate in all respects. You agree to notify us as soon as there is any change to this information and then access and update it through your account.

9. license
9.1 The entire content of the website https://cbuy.ch/ is protected by copyright. All rights belong to SWISS Gate AG or third parties. The elements contained on the https://cbuy.ch/ website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with the express written consent of SWISS Gate AG. Reproduction, transfer, amendment, linking or use of the https://cbuy.ch/ website for public or commercial purposes is prohibited without the prior written consent of SWISS Gate AG.

9.2 The various names and logos appearing on the https://cbuy.ch/ site are generally registered and protected trademarks. No part of the https://cbuy.ch/ is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the https://cbuy.ch/ website or parts thereof, confers no rights whatsoever in respect of the software or elements of the https://cbuy.ch/ website. SWISS Gate AG reserves all rights in respect of all elements of the https://cbuy.ch/ website with the exception of rights belonging to third parties.

10. Intended use of the goods – Obligations of the customer – Liability
10.1 Insofar as we have to make a delivery promise for certain products dependent on the intended use, the customer shall be liable for all possible disadvantages which we incur from incorrect information.

In the case of substances whose use is only permitted within the framework of statutory or official regulations, the customer’s order shall at the same time be deemed to be a declaration that these substances are to be used for a permitted purpose in the above sense.

11. Application of law and place of jurisdiction
11.1 For private customers, the law of the country in which the customer has his habitual residence applies with regard to these GTC.
For business customers, these GTC shall be governed by Swiss law, in particular the provisions of the Swiss Code of Obligations (OR).

11.2 For private customers from Switzerland, the court at the domicile or registered office of one of the parties shall have jurisdiction. The court at the domicile of the defendant is responsible for legal actions of the provider.

For business customers, the place of jurisdiction shall be the domicile of the Provider or the domicile of the customer company.

Bachenbülach, November 2020