Allgemeine Geschäftsbedingungen

General conditions of use

The general terms and conditions of business (hereinafter referred to as “TC”) apply to all legal transactions, which are conducted via our website www.recommerce.ch und direkt vor Ort abgeschlossen werden. and also directly on-site. The website is operated by Recommerce AG (hereinafter referred to as “Recommerce”).

The clientele is hereinafter referred to as “the Customer”. The document is written by omitting the female form for better readability.

The prices on the websites are to be understood as an offer and include the legally applicable value-added tax. This offer, however, is always subject to the condition of impossibility of delivery or incorrect price quotation, which dissolves the contract. Any packaging and transportation costs will be charged additionally.

Our products and services are aimed exclusively at clients domiciled in Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.

Recommerce reserves the right to change these terms and conditions and prices at any time. In each case, the version of the AGB applicable at the time of placing the order or signing the contract is decisive.
Purchase of products
1. Purchase via our website
  1. Registration of purchase order
    
    The customer selects the corresponding product at www.recommerce.ch and the purchase price, guaranteed for 14 days, is shown based on his product and condition description.
    
    The purchase value displayed is subject to the following conditions:
    
    - Apple ID and other manufacturer blocks have been removed.
    - The product works perfectly, is not bent and does not show any damages caused by moisture.
    - The product was not imported and was manufactured for use within the European Economic Area.
    - The product is not tied to foreign SIM cards or networks.
    - The product and all components are original and have not been modified (jailbreak, etc.).
    - The battery complies with the specifications of the respective manufacturer and therefore has sufficient capacity and no message regarding too many charging cycles or a special replacement service message.
    
    If these conditions are not fulfilled, Recommerce will then prepare a personalised offer for the customer.
  2. Dispatch of products
    
    The dispatch of products is free of charge, if the customer uses our freight terms. These freight terms are sent to the customer by e-mail or he can download these directly from our website. The products are dispatched with B-post.
    
    The customer shall bear in full any postage costs incurred by any other means.
  3. Inspection of products
    
    After the products are received, they are deleted first and then a complete functional test is carried out.
    
    If the product as well as its quality agrees with the customer's specifications, Recommerce will accept the offer by email at the price already determined.
    
    If it turns out during the inspection of the goods that the actual condition deviates from the condition and product description given by the customer, Recommerce will submit a counteroffer to the customer by e-mail or phone.
    
    The customer can accept or reject this counteroffer with 7 days after receiving our mail. If the customer rejects the counteroffer, Recommerce will return the product free of charge by B-post to the customer's address or dispose it of at the customer’s express request.
    
    If the customer does not respond to the counteroffer within 7 days i.e., neither accepts nor rejects it explicitly, Recommerce then assumes that the customer wants to accept the counteroffer.
    
    Purchases are made only in quantities customary for private customers. If the customer offers a larger number of a product, Recommerce expressly reserves the right to make a counter offer to the customer for all items offered or to reject the offer.
  4. Payment of customer credit
    
    The agreed upon purchase price is paid immediately after Recommerce accepts the offer or the customer accepts the counter offer. Recommerce confirms the payment amount via e-mail.
    
    Payment is made to the IBAN number, which the customer entered while placing the order. Payments can be made only to bank or post office accounts in Switzerland or Liechtenstein.
    
    The customer is responsible for entering his payment and bank account details correctly. Recommerce shall not bear delays and additional costs caused by incorrect information.
2. Ownership of the product and further notes
  
  By submitting his offer to Recommerce, the customer assures that he is the rightful owner of the products or is authorised to provide Recommerce with the ownership of these products. The customer further assures Recommerce that the offered products are free from all third party rights.
  
  In addition, by submitting his offer, the customer agrees to indemnify Recommerce from all third party claims of any kind and origin against the products offered.
  
  The ownership of the products is transferred to Recommerce at the moment of acceptance of the offer by Recommerce or, in case of a counter offer, by the customer.
  
  In order to maintain the quality for the customers, only original goods from the respective official manufacturers (such as Apple, Samsung, etc.) are purchased. If the goods are not original, Recommerce reserves the right to charge the shipping costs and an inspection fee, as well as to take legal action in case of suspected fraud. To ensure the purchase of original goods in good working order, Recommerce is granted the right to open the original packaging for inspection purposes if necessary.
Sale of products
1. Contract signing
  
  The prices in our shop are applicable as an offer. This offer, however, is always subject to the conditions of impossibility of delivery or incorrect price quotation, which dissolves the contract.
  
  All technical information about the individual products is based on the manufacturer specifications.
  
  The purchase order is concluded for products or services, as soon as the customer places his order in the online shop, in one of the stores, via phone or e-mail (hereinafter referred to as “Purchase contract”).
  
  After conclusion of the purchase contract, the customer gets an automatically generated order confirmation at the e-mail address entered by him. The receipt of this order confirmation does not imply the assurance that the product can actually be delivered. It merely indicates to the customer that the submitted order has been received and thus the contract with Recommerce has been concluded under the condition of possibility of delivery and the correct price specification.
2. Delivery date
  
  All products in the online shop are in stock in our central warehouse in Steinhausen and are available immediately. Delivery is done by A-post only to the addresses in Switzerland or Liechtenstein.
  In case an ordered product is no longer available, Recommerce reserves the right to exchange the product against a similar one.
  
  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 shall reimburse to the customer the amounts already paid in advance. The customer has no further claims against Recommerce over and above this due to delay in delivery or dissolution of the contract.
  
  Recommerce can terminate the contract (cancel), if the customer chooses the pick up in Steinhausen and does not pick up the ordered products within 14 calendar days after they are ready for pick-up.
3. Payment
  
  The order confirmation sent by e-mail contains all relevant contract information as well as our account details.
  
  Unless agreed upon otherwise, payments must be made net in Swiss Francs within seven days after receiving the invoice.
  
  The customer can use the payment options offered as means of payment in the online shop under «Payment options». A cash payment is possible only in case of pick-up in Steinhausen. See also Delivery and payment
  
  If the customer chooses the payment method «Invoice with instalment option (POWERPAY)», POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. In case of purchase on account, the customer also accepts the TC von Powerpay. , in addition to the TC of Recommerce.
  
  The customer can then pay this invoice either in monthly instalments or all at once.
  
  Execution of the customer order depends upon the selected payment type:
  
  Credit cards, PayPal, Twint or Powerpay
  After receiving the full payment and thus on the same day or next working day.
  
  PostFinance or advance payment
  After the complete payment is credited to our bank or post office account.
  (The duration till the credit to our account depends upon the bank or the post office selected. This crediting is normally done on the next working day. It should be noted that the credit can take up to 3 working days, if the deposit is made at the post-office counter.)
4. Modification of purchase order or cancellation
  
  Purchase orders commit the customers to accept the products. Recommerce may accept subsequent changes or cancellations at its sole discretion. In this case, the customer must contact Recommerce Customer Service by e-mail or telephone.
  
  If the order has already been delivered, the terms and conditions of Recommerce for the return of products shall apply.
  
  If the order has not yet been delivered, Recommerce will return the purchase price already paid to the customer in his specified bank account.
  
  The customer shall be informed immediately by e-mail or phone, if a (partial) delivery impossibility (dissolution condition) occurs after an order is placed or a contract is signed. If the products have already been paid for partially or fully, the amount paid will be refunded. If no payment has been made, the customer will be released from the payment obligation. Claims over and above this due to delivery default or failure of delivery are ruled out.
5. Return of products
  1. General
    
    Subject to the exceptions given below, products purchased through our online shop may be returned within 14 calendar days (from the date of delivery or pick-up invitation according to the post or pick-up from Recommerce AG on site). The products must be professionally packaged with all accessories.
    
    Returns after this period are generally refused.
  2. 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 (traces of use) and the accessories are complete.
    - The product was bought unopened and sealed and returned in the same condition.
    
    Individual inspection:
    - The product has either functional defects, the traces of use deviate from the delivered condition or the accessories are incomplete.
    - The product was bought unopened and sealed and is returned as opened.
    
    In cases with individual inspection, a discount of at least 10% is made on the purchase price. The minimum refund value corresponds to the current purchase value of Recommerce.
  3. Postage costs for return shipment
    
    The sender generally bears the postage costs for returning the items.
    
    Recommerce will pay the postage costs, if the customer has received a product that was not ordered or if the product is defective upon receipt (DOA).
Repairs
1. Contract signing
  
  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 a period of 14 days, this price being subject to the conditions of an inability to deliver or an incorrect price quotation, which can dissolve the contract.
  
  The contract for services is concluded, as soon as the customer places his order in the online shop, in one of the stores, via phone or e-mail (hereinafter referred to as “Purchase contract”).
  
  After conclusion of the purchase contract, the customer gets an automatically generated order confirmation at the e-mail address entered by him. The receipt of this order confirmation does not imply the assurance that the product can actually be repaired. It merely indicates to the customer that the submitted order has been received and thus the contract with Recommerce has been concluded under the condition of possibility of delivery and the correct price specification.
  
  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 shall reimburse to the customer the amounts already paid in advance. The customer has no further claims against Recommerce over and above this due to delay in delivery or dissolution of the contract.
  
  If the customer has not sent or dropped off the product within 14 calendar days of the order being placed, Recommerce may dissolve (cancel) the contract.
2. Repairs via our website
  1. Entry and dispatch of repair order
    
    If the customer has not been informed on the website about the lack of availability, the corresponding spare parts should be in stock at our central warehouse in Steinhausen.
    
    As a rule, repairs are carried out on the day of receipt and returned to the customer by A-post. A delayed return, regardless of the cause, shall in no case entitle to a deduction of the invoice amount and shall not be the basis for a claim for compensation.
    
    Products are delivered exclusively to addresses in Switzerland or Liechtenstein.
    
    Before dispatching, special attention must be paid to the following points:
    - Apple ID, other manufacturer blocks or passwords must be removed.
    - The data should be backed up in advance, if possible.
    - Chargers, cables, SIM/SD cards, protective sleeves, watch straps or packaging should be removed or not sent with the device. Recommerce is not liable for losses.
    
    Please send us only one copy of the warranty document, because all received documents will be destroyed.
    
    It should be noted that Recommerce must remove any attached protective glass or film for repair, if necessary, and will not supply a replacement.
  2. Payment
    
    The order confirmation sent by e-mail contains all contract information as well as our account details.
    
    Unless agreed upon otherwise, payments must be made net in Swiss Francs before the repair starts.
    
    The customer can use the payment options offered as means of payment in the online shop under «Payment options». See also Delivery and payment
    
    If the customer chooses the payment method «Invoice with instalment option (POWERPAY)», POWERPAY takes over the resulting invoice claim and handles the corresponding payment modalities. In case of purchase on account, the customer also accepts the TC von Powerpay. , in addition to the TC of Recommerce.
    
    The customer can then pay this invoice either in monthly instalments or all at once.
  3. Checking and repair
    
    After the products are received, they are deleted first and then a complete functional test is carried out.
    
    If the inspection confirms the defect selected by the customer, the product is usually repaired within 48 hours and returned to the customer by A-post.
    
    If Recommerce determines further defects during the inspection, the customer receives a new cost estimate, which he can accept or reject. If the customer accepts this cost estimate, he gets an invoice with the difference amount. 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 it of free of charge. In both cases, Recommerce will reimburse the invoice amount paid (including postage costs) minus a compensation for expenses of CHF 39.00.
Customer data and data transfer

In the scope of our goods acceptance and inspection, Recommerce carries out data deletions, reset to the delivery status as well as, under certain circumstances, software updates, which lead to a permanent deletion of existing data.

For this reason, the customer has the obligation to save his personal data before sending in the products.

Recommerce excludes any liability for loss of data and corresponding consequential damages to the extent permitted by law. 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 due to a warranty service or repair by Recommerce or its partners.

If Recommerce carries out data backups or transfers on behalf of the customer, it 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.
Transport insurance
1. Dispatch of products by the customers
  
  Since the damages caused because of improper packaging are not insured, it is essential that the products are packed very carefully. The customer shall bear the risk of loss or any other damage in transit, if the transport insurance of the Swiss Post does not cover this. It gets transferred only when the Swiss Post hands over the products to Recommerce.
  
  The shipment is covered by the transport insurance of the Swiss Post up to an amount of CHF 500.00.
2. Dispatch of products by Recommerce
  
  Recommerce dispatches the products via Swiss Post and, therefore, the following liability limits apply:
  - Package value up to and including CHF 250.00 - Liability limit CHF 500.00
  - Package value more than CHF 250.00 - Liability limit CHF 1,500.00
  
  This regulation applies to all private and business customers, with whom no written special agreement has been signed.
  
  In the event of damage, the general terms and conditions of business of Swiss Post apply
Inspection obligation

The customer must immediately inspect the delivered or picked-up products for correctness, completeness and delivery damages.

Delivery damages, wrong and incomplete deliveries must be reported by phone or e-mail within 7 calendar days from the time of collection or delivery. Subsequent to this, Recommerce will send the necessary instructions for the next steps to the customer by e-mail.
Guarantee / Warranty
1. Sale of products
  
  The warranty period of the offered products can be different and is defined in the online shop, on the invoice, and on the warranty certificate of Recommerce respectively. It starts with the date of delivery or pick-up.
  
  During this period, Recommerce guarantees that the ordered product is free of defects and functional. The warranty period continues regardless of the provision of any warranty services.
  
  Recommerce can provide the warranty either by
  - free of cost repair (original warranty period continues to run);
  - partial or complete replacement by an equivalent used/repaired product (original warranty period continues to run); - credit at current price, (maximum the sale price at the time of placing the order);
  - reduction of the sales price.
  
  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 is ruled out for normal wear and tear, software problems as well as consumables and accessories. In all other respects, the exclusions of liability pursuant to Section 9 shall apply
  
  The warranty period for batteries and accessories is maximum 3 months regardless of the warranty period of the ordered product.
  
  Insofar as the manufacturer's warranty exceeds the warranty of Recommerce, Recommerce also grants this to the customer.
2. Repair of products
  
  The warranty period in case of repairs is 3 months and is defined on the invoice or the warranty certificate of Recommerce respectively. It starts with the date of delivery or pick-up.
  
  During this period, Recommerce guarantees that the repaired spare part is free of defects and is functional. Any warranty on other components of the repaired unit is excluded.
  
  If Recommerce provides a warranty service, Recommerce grants a warranty of 3 months on the repaired or replaced device; if the original warranty period lasts even longer, it shall apply. These warranty periods are neither interrupted by any warranty services nor do they start anew.
  
  The defective spare part becomes the property of Recommerce after repair.
Resellershop
The above paragraphs also apply to the Resellershop However, the following changes apply:

Paragraph 5 - Return of products
The whole paragraph is omitted, since the devices in the Resellershop do not include a right of return.

Paragraph 8 - Warranty / Guarantee
No right to warranty service on devices marked as "Reseller Exclusive".
Liability and exclusion of liability

The liability is based on the applicable legal provisions. However, Recommerce is in no case liable for slight negligence, indirect and consequential damages and damages from delayed delivery.

In all other respects, Recommerce declines liability in the following cases:
- improper, non-contractual or unlawful storage, discontinuation or use of the products;
- use of incompatible spare parts or accessories (e.g., power supply);
- Improper modification or repair of the products by the customer or third party;
- force majeure, in particular, damage caused by natural forces, moisture, fall and impact etc., for which Recommerce is not responsible and official orders.
Further provisions
1. 10.1. Refusal to accept
  
  If the customer refuses to accept a returned device, the device will remain ready for collection at Recommerce for another 3 months. After this period, Recommerce may dispose of these products at its own discretion.
2. Products cannot be assigned
  
  Products received from purchases, returns or repairs, which Recommerce cannot assign to any customer, are kept for three months. After this period, Recommerce may dispose of these products at its own discretion.
3. Default of payment and retention of title
  
  If an invoice is not or only partially paid within the period, the customer is then in default without 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 received.
4. Data Privacy
  
  The data privacy declaration is an integral and binding part of these TC.
5. 10.5. 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.
6. Jurisdiction
  
  The legal relations between Recommerce and its customers are exclusively subject to Swiss law. The place of jurisdiction is Zug.
  
  Mai 2020