Terms & Conditions MAXIDISCOUNT

Terms of Sales

1. Scope and contractual partner

1.1.The general conditions below (hereinafter, “GTC”), apply to orders of items from the assortment of products from the MAXIDISCOUNT brands and from the MAXIDISCOUNT Online-Shop (www.maxidiscount.ch ) in their version in force at the time of the order.
1.2. The client’s contractual partner is VESI Sàrl, Avenue du Pailly 25, CH-1220 Les Avanchets, Geneva, Switzerland, Tel. : 022 700 93 83, e-mail: info@maxidiscount.ch (hereinafter “MAXIDISCOUNT E-Commerce”).
1.3. The GTC form an integral part of the contract concluded between MAXIDISCOUNT E-Commerce and the customer. The provisions which derogate from the GTC are only binding if they have been expressly accepted in writing by MAXIDISCOUNT E-Commerce. Contrary conditions issued by the customer are not recognized.
1.4. The range of products in the MAXIDISCOUNT Online-Shop is intended only for natural persons and companies having their domicile or registered office in Switzerland and who can, insofar as the customer decides to have the articles delivered (cf. section 3.2), indicate a delivery address in Switzerland. MAXIDISCOUNT E-commerce also reserves the right not to accept orders from a customer, in particular when these exceed the usual quantity for a household. Maxi-Discount E-commerce offers are primarily intended for the end consumer. All product information, product photos, technical specifications, links to accessories, etc. are provided without warranty. The valid specifications of the manufacturer at the time of delivery are determinative. Product details come from MAXIDISCOUNT E-commerce and the manufacturers. MAXIDISCOUNT E-commerce does not accept any responsibility for the content of these catalogs and web catalogs.
1.5. The general conditions of sale (hereinafter referred to as GTC) define the provisions and services between VESI Sàrl (hereinafter referred to as MAXIDISCOUNT) and its customers. 1.6. Deviating agreements are only valid if they have been approved in writing by MAXIDISCOUNT

2. Order process and conclusion of the contract

2.1. The customer can choose articles from the assortment of products in the Maxidiscount.ch Online-Shop and put them together in a “basket” by clicking on the “add to basket” button.
2.2. By clicking on the “order and pay” button, the customer makes a binding offer to purchase the items in his basket and declares that he accepts these GTC.
2.3. All requests to cancel an order should be sent to the email address: info@maxidiscount.ch.
The cancellation of an order made after validation of our GTC and its online payment, is subject to the withholding of transaction costs. These vary according to the means of payment used and will be communicated to you in detail by return email.
2.4. The order confirmation sent immediately thereafter by means of an automatic e-mail proves that the customer’s order has reached MAXIDISCOUNT E-commerce but does not yet constitute acceptance of the customer’s offer.
2.5. A contract is only concluded by the declaration of acceptance of MAXIDISCOUNT E-Commerce, which is sent by e-mail (confirmation of purchase) to the customer, at the latest however by the sending of the ordered articles or the notice of provision.
2.6. If an item ordered is not available, MAXIDISCOUNT E-Commerce reserves the right not to accept the customer’s offer, so that no contract is concluded. The customer is informed by e-mail. Any amounts already paid for the items ordered are in this case refunded to the customer.
2.7. If only part of the items ordered is available or if the items ordered exceed the usual quantity for a household, MAXIDISCOUNT E-Commerce reserves the right to accept the customer’s offer only for a part of the items, so that a contract is only concluded with regard to these articles. The customer is informed by e-mail. Any amounts already paid for the remaining part of the items are in this case refunded to the customer.
2.8. If it should turn out, after the conclusion of the contract, that the items ordered cannot be delivered in whole or in part due to force majeure or for reasons not attributable to MAXIDISCOUNT, the latter is entitled to withdraw in all or part of the contract. The customer is informed by e-mail. Any amounts already paid for the corresponding items are either fully refunded (in the event of a full withdrawal from the contract) or up to the price of the items that cannot be delivered (in the event of a partial withdrawal). The customer cannot assert any other claim.
2.9. Orders by minors or persons under guardianship are only authorized with the authorization of their legal representative.

3. Deliveries

3.1. MAXIDISCOUNT E-Commerce is entitled to make partial deliveries. Additional deliveries are made upon receipt of the goods. If MAXIDISCOUNT E-Commerce mentions delivery or availability times, these are indicative times without commitment. If a delivery or provision period indicated by MAXIDISCOUNT E-Commerce is not respected, the customer is entitled, at the expiration of an additional period of 10 working days that he fixes in writing, to withdraw from the contract for items that have not been delivered or made available. In this case, any amounts already paid are refunded to the customer. The customer cannot assert any other claim.
3.2. If the customer decides to have the items delivered, he is informed by email when the items are handed over to the carrier for delivery. MAXIDISCOUNT E-Commerce reserves the right to choose the carrier. The items are only delivered in Switzerland. The risks of the item pass to the customer as soon as the items are handed over to the carrier. Items are insured against damage occurring in transit, to the extent that the value of the items exceeds the carrier’s maximum liability limit. In order to preserve his rights against the carrier and / or the insurance company, the customer must, upon receipt of the shipment, ensure that the items are in good condition and delivered in their entirety. In the event of damage occurring during transport or of apparent differences in quantities, the customer must make a detailed and written reservation to the carrier. Damage occurring during transport or differences in quantity which are not apparent must be reported immediately, however at most within 2 working days, to MAXIDISCOUNT E-Commerce (Tel .: 022 700 93 83, e-mail: (info@maxidiscount.ch). Unreserved acceptance (in the event of damage occurring during transport or apparent differences in quantity) or the expiration of the period of 2 working days (in the event of damage occurring during transport or inconsistent quantity differences) entails the expiration of the right against the carrier and / or the insurance company. Delivery of the articles must be reasonably possible without using means such as hoists, cables, special vehicles or similar means It is the customer’s responsibility to indicate in advance the existence of any difficulties and / or obstacles during delivery and to inquire about any possible The consequences in terms of costs. Articles whose destination cannot be reached directly by the carrier are transported to the nearest place (eg lower station of a cable car). The customer is responsible for receiving the shipment. If it turns out that a shipment cannot be delivered and that the items are returned to MAXIDISCOUNT E-Commerce, the latter reserves the right to waive the late performance of the customer’s obligations relating to non-received items, without setting an additional deadline. MAXIDISCOUNT E-Commerce is also entitled to demand damages based on non-performance of the contract. The customer cannot exercise the right of return on items not received (see section 6). We inform you that Maxidiscount re-invoices missed appointments.
3.3. If the customer decides to collect the articles in a MAXIDISCOUNT of his choice, he is notified by email when the order is available. The risks of the thing pass to the customer with the notice of provision. To collect the items, the customer must present the notice of provision and an identity document issued by an administrative authority with photo (identity card, driver’s license, passport, etc.).
3.4. The customer is required to withdraw the order within 10 days of receipt of the notice of availability. If the customer does not withdraw the order within ten days, MAXIDISCOUNT E-Commerce reserves the right to waive the late performance of the customer’s obligations relating to items not withdrawn, without setting an additional period. MAXIDISCOUNT E-Commerce is also entitled to demand damages based on non-performance of the contract. The customer cannot exercise the right of voluntary return on items that have not been collected (see section 6).
3.5. Deliveries are made by our internal service for the canton of Geneva and in case of strong influence can be delegated to a service external to MAXIDISCOUNT, our working days are from Monday to Saturday Deliveries are delegated to an external service for the other cantons of the Swiss Confederation.The delivery times indicated by MAXIDISCOUNT E-commerce are provided for information only. These are not firm dates.
3.6. MAXIDISCOUNT E-commerce may cancel confirmed orders, due to external circumstances beyond its control, without resulting in financial consequences. MAXIDISCOUNT E-commerce can assign deliveries and partial deliveries to different transport companies. Delivery is normally made at the curb, and not upstairs or in the customer’s apartment. The delivery of small devices to the customer’s door or PO box is at the discretion of the relevant carrier and the customer’s sole responsibility.
3.7. MAXIDISCOUNT E-commerce eliminates / rids old devices. (One device delivered = one device cleared) A supplement is requested depending on the type, weight and component material of the device. (Only for the canton of Geneva)
3.8. MAXIDISCOUNT E-commerce can eliminate cardboard boxes and other waste for an additional charge payable directly to the carrier. (Only for the canton of Geneva)
3.9. All products requiring an electric / gas or water connection must be carried out by a professional and approved company. In any case MAXIDISCOUNT E-commerce can not be held responsible for material damage and bodily injury during improper handling of the connection or use of the customer.

4. Price and Payment

4.1. All prices of the MAXIDISCOUNT Online-Shop are indicated in Swiss francs (CHF) and include VAT (at the legal rate), advance recycling tax and copyright included.
4.2. Delivery costs and any additional costs (eg surcharges depending on the payment method chosen) are indicated separately and invoiced to the customer in addition.
4.3. MAXIDISCOUNT E-Commerce reserves the right, and the customer consents thereto, to carry out a check of the customer’s creditworthiness and of his address, to collect information on this subject and to transmit the customer’s data to third parties for this purpose. . MAXIDISCOUNT is based on customer information in this regard and information from third parties is taken into account. The customer can only use the means of payment indicated at the end of the ordering process.
4.4. The agreed price, delivery costs and any additional costs (see section 4.2) are due immediately. The customer becomes in default, without reminder, at the time of the first delivery or the attempted delivery (see section 3.2), the first withdrawal or at the end of the withdrawal period of ten days (see section 3.3.)
4.5. Additional costs (eg installation kit, water and drain extensions, cable and stove plug, small connection materials not supplied by the appliance manufacturer, are additional and on request.
4.6. If the customer chooses the payment method “Pay online”, he uses the services of the company “PostFinance e-Payment” for (hereinafter “PostFinance AG”) for the processing of the payment. The entry by the customer of the access data required for online banking services is carried out on an internet platform provided by “PostFinance”. These data are not stored there. This internet portal and the corresponding technical infrastructure necessary for the transmission of access data fall outside the sphere of influence of MAXIDISCOUNT E-Commerce. Consequently, MAXIDISCOUNT E-Commerce fully declines any responsibility for the use of this method of payment by the customer.
4.7. The date of the order is decisive for setting the price. Price changes during the execution of the order are not taken into account.
4.8. The information is provided subject to technical modifications, errors and printing errors.
4.9. MAXIDISCOUNT E-Commerce may modify its prices at any time without notice.
4.10. The sale price does not include consulting services or technical assistance.

5. Retention of title

5.1. Items remain the property of MAXIDISCOUNT E-Commerce until payment of all claims arising out of or in connection with the purchase. The customer authorizes MAXIDISCOUNT E-Commerce to make the corresponding entry in the register of reserves of property at the customer’s expense.
5.2. MAXIDISCOUNT E-commerce can collect supplements on certain means of payment and modify them without prior notice.
5.3. The products delivered by MAXIDISCOUNT E-commerce remain the property of MAXIDISCOUNT until the full amount of the purchase (including all supplements) has been paid to MAXIDISCOUNT E-commerce. The customer undertakes to take good care of the products as long as they are the property of MAXIDISCOUNT.
 

6. Right of Return

6.1. As a rule, the goods cannot be taken back. The recovery of delivered goods is possible in certain exceptional cases, which always require the written consent of MAXIDISCOUNT E-commerce. In this case, the customer receives from MAXIDISCOUNT any useful indication concerning the procedure to be followed. The goods must be returned in the original packaging, complete with all accessories and enclosing the purchase receipt or its copy. Return of goods is at the expense and risk of the customer. Regarding returns not agreed with MAXIDISCOUNT E-commerce, MAXIDISCOUNT is entitled to demand compensation from the customer. Goods returned without the original packaging, incomplete, with missing accessories, used or sent to the wrong address will be returned to the customer. In this case, MAXIDISCOUNT E-commerce invoices the customer for the costs incurred. The original packaging guarantees optimum protection of the goods. Where possible, the original packaging should be retained. In case of repair, the device must be sent with all accessories in the original packaging. In the absence of this, the goods must be sent in suitable packaging for transport. MAXIDISCOUNT E-Commerce grants the customer a voluntary right of return for a period of 3 days from the first delivery or the first withdrawal of the items. The right of return is subject to the condition that the article and the original packaging have not been damaged, the original packaging has not been opened and the item has not been used. Hygiene items whose original packaging has been opened are expressly excluded from the right of return. When several items are purchased together at an aggregate price, the voluntary right of return only applies to all of the items. The customer must present the original invoice. MAXIDISCOUNT E-Commerce has the right to refund the price in the form of a MAXIDISCOUNT voucher and reserves the right to waive the reimbursement of delivery costs and other additional costs (see section 4.2). To assert his right of return and start the related process, the customer must contact the customer service of a MAXIDISCOUNT. Alternatively, the customer can return the articles to the following address, using a return form available on request at MAXIDISCOUNT: MAXIDISCOUNT C / o VESI Sàrl, Avenue du Pailly 25, CH-1220 Les Avanchets. The risks and costs of transport or return are the responsibility of the customer.In case of return of items paid by card on the site, the amount must be credited back to the card used for payment and not refunded to a bank account /postal.In the event of return of articles which were purchased by the “prepayment” method of payment, the refund will be made to the bank or postal account indicated by the customer and in his name, if the customer has already paid in full. invoice and has not made a new purchase within 90 days.

7. Means of payment

7.1. MAXIDISCOUNT E-commerce accepts as means of payment, “credit cards” and “advance payment”. (PosfinanceCard, Twint, Visa, MasterCard and American Express)
7.2. When purchasing with a credit card, the amount is debited at the time of the order. When paying by credit card, customer data is transmitted in encrypted / secure form.
7.3. In case of prepayment, the invoice must be paid within 7 working days, failing which MAXIDISCOUNT E-commerce may cancel the order.
7.4. MAXIDISCOUNT E-commerce may exclude certain means of payment in general or for individual customers, without providing any justification.

8. Warranty and Liability

8.1. MAXIDISCOUNT E-Commerce grants the customer a 2-year warranty from the first delivery or the first withdrawal of the article for defects resulting from a defect in material or Manufacturing. All information appearing on the MAXIDISCOUNT Online-Shop (product description, images, films, measurements, weights, technical specifications, accessories and other information) are subject to error and do not constitute a guarantee of the qualities of the article. The responsibilities of the customer relating to the verification of the thing and the notification of defects are governed by the legal provisions. The assignment of warranty rights is excluded.
8.2. The customer’s warranty right is satisfied at MAXIDISCOUNT E-Commerce’s choice by repairing the item, delivering an equivalent and fault-free replacement item, reducing the price or canceling the contract (resolution). Repairs are carried out by MAXIDISCOUNT E-Commerce, by repair shops appointed by the latter, by the manufacturer or by an approved center appointed by the latter. The customer is not entitled to entrust the repair to third parties. In such a case, the customer is not entitled to reimbursement of repair costs. The customer’s warranty rights expire in the event of technical intervention and faults resulting from improper handling, excessive stress, inappropriate use, external intervention (damage due to humidity, contact with liquid, knocks, etc.) or failure to observe the manufacturer’s directions for use and maintenance. Damage due to impacts or falls, natural wear and tear, descaling of household appliances, software problems, handling errors, damage caused by third parties, as well as improper interventions or modifications to the appliance. Wearing parts, batteries, accumulators, lamps, glasses, housing parts, so-called aesthetic parts as well as all broken parts are excluded from the guarantee.
8.3. In the event of delivery of an equivalent and faultless replacement item, the warranty period is again 2 years from the moment the customer is notified of the update. provision of the replacement item. In the event of repair, the initial warranty period is still valid. The customer’s warranty rights relating to the entire article remain intact during the warranty period of 2 years from the first delivery or the first withdrawal of the article (see section 8.1).
8.4. To assert his warranty rights and start the related process, the customer must contact the customer service of the MAXIDISCOUNT of his choice and present the original invoice. The MAXIDISCOUNT act as execution auxiliaries on behalf of MAXIDISCOUNT E-Commerce. The risks and costs of all transport, for example transport to the chosen MAXIDISCOUNT or transport back to the customer, are the responsibility of the customer. Any home repairs are the responsibility of the customer. If a defect to be eliminated is not subject to warranty and the customer could have noticed it, he bears all the costs resulting from the verification of the article. Before handing over the item to a MAXIDISCOUNT, the customer must make backup copies of the data recorded in DVD recorders, televisions, hard disks or other recording media, as these (e.g. when saving) ‘repair) may be lost or damaged. Any liability of MAXIDISCOUNT E-Commerce for the loss or damage of data is excluded.
8.5. Regardless of the basis of its liability, MAXIDISCOUNT E-Commerce responds without restriction in the event of injury to life, physical integrity or health, insofar as the conditions of liability are met. In addition, insofar as the conditions of liability are met, MAXIDISCOUNT E-Commerce responds without restriction, regardless of the basis of its liability, for damage it causes intentionally or through gross negligence. For the rest, MAXIDISCOUNT E-Commerce excludes all liability, regardless of the basis thereof, to the fullest extent permitted by law.
8.6. The warranty provisions (in particular the warranty period) of the manufacturer are decisive for items purchased from MAXIDISCOUNT E-commerce. The customer must assert the guarantee directly with the service center indicated by MAXIDISCOUNT or by the manufacturer.
8.7. The invoice serves as a guarantee certificate and must be kept carefully.
8.8. As a rule, the warranty provisions of the manufacturer are limited exclusively to the repair or exchange (replacement device) of the defective item, excluding cases not covered. The grounds for exclusion are in particular damage caused by natural elements, by humidity. The decision to repair or exchange a device is generally up to the manufacturer. Exchanging a device does not renew the warranty period. During the repair period, the customer is not entitled to a replacement device.
8.9. Home service is not part of the warranty. The replaced device or parts become the property of the manufacturer. The customer cannot assert any additional warranty claims. Subject to deviating provisions of the product manufacturer. The warranty exchange and warranty repair do not in any way extend the initial warranty period.
8.10. On-site adjustment work and replacement devices are not part of the warranty. A refund of the package for the warranty extension is excluded.
8.11. The devices can be repaired at the customer’s home, in the workshop, at the manufacturer or in a center approved by the manufacturer.

9. Data protection

9.1. MAXIDISCOUNT E-Commerce treats the customer’s personal data in strict compliance with the applicable provisions of Swiss law on data protection.
9.2. MAXIDISCOUNT E-Commerce collects, records, uses and processes the customer’s personal data only in accordance with the respective data protection provisions applicable within MAXIDISCOUNT E-Commerce.

10. Miscellaneous

10.1. If one or more of the provisions of these GTC should be ineffective, this will not affect the validity of the remaining provisions.
10.2. Swiss substantive law is exclusively applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
10.3. The place of jurisdiction in the event of a dispute is Geneva.