General Terms and Conditions

 

1. Scope of the GTC

These General Terms and Conditions (GTC) apply to all orders placed through this online shop operated by Primeo Energie AG (hereinafter referred to as Primeo Commerce) and all of Primeo Commerce’s deliveries made to a customer.


2. Contracting Partners

The purchase agreement is concluded between the Customer and Primeo Energie AG, Weidenstrasse 27, 4142 Münchenstein, Switzerland (VAT no.: CHE-331.843.668).


3. Offer and conclusion of agreement

3.1 The display of the products in the online shop does not constitute an offer but rather an invitation to order.

3.2 By clicking on the “Order” button, the Customer places a binding order for the goods listed on the ordering page. The purchase agreement becomes binding once Primeo Commerce emails an order confirmation for an order received to the Customer.

3.3 All of the details, information, photos product specifications, technical specifications, descriptions of functions, etc. in the online shop are subject to change.


4. Prices and postage costs

4.1 The prices on the product pages are stated in Swiss franc (CHF) and include statutory VAT.

4.2 All prices stated in the offers and order confirmations are binding. The offers and order confirmations may contain mistakes, typos and printing errors.

4.3 In addition to the prices stated, Primeo Commerce may charge a flat fee for postage for deliveries within Switzerland.


5. Payment

5.1 Payments can be made by bank transfer, credit card (MasterCard or Visa), PostFinance card and E-Finance, Klarna SOFORT, TWINT or Paypal. Primeo Commerce may block individual payment options for certain products or customers without providing any reason.

5.2 The Customer only has a right to offset claims if their counterclaims have been found to be legally binding by a court or recognised in writing by Primeo Commerce.

5.3 The Customer may only retain payment if the claims arise from the same contractual relationship.


6. Retention of title

The goods remain the property of Primeo Commerce until full payment has been received.


7. Delivery

7.1 Goods are only delivered within Switzerland.

7.2 Deliveries are generally dispatched within one working day. However, these and other delivery deadlines are to be regarded as guidelines and are not binding.

7.3 In the event non-delivery of goods, the Customer may cancel the order at the earliest after 30 calendar days from the order date.

7.4 Incorrect deliveries shall be reported to Primeo Commerce in writing within five working days. In this event, the product must not be used as doing so would mean that the delivery has been accepted, in which case the full price becomes payable.

7.5 Primeo Commerce can only accept returns of clean, undamaged items in their original packaging.


8. Cancellation right

8.1 Cancellation right: The customer may cancel the contractual declaration in text form (e.g. letter, fax, email) within 14 working days without stating any reasons or by returning the item before the deadline if the item had already been dispatched to them. The deadline starts with receipt of the goods by the Customer.In order to meet the cancellation deadline, it is sufficient to dispatch the cancellation or item within the deadline stated. Cancellations must be directed to:

Primeo Commerce
P.O. Box
4132 Muttenz
Switzerland
E-mail: support@primeo-commerce.ch
Phone:+41 61 539 10 12

8.2 Consequences of a cancellation: In the event of an effective cancellation, the mutually received services must be returned as well as any benefits received (e.g. interest payments). Section 9 applies similarly for reimbursements and any returns.

8.3 The customer does not have the right to cancel the delivery of goods that are manufactured according to customer specifications or clearly tailored to meet personal requirements, or deliveries of audio or video recordings or software if the customer has removed the seal from the data carriers delivered or which are available for download as electronic documents following the order or are sent to the Customer in an electronic format.

 

9. Returns

9.1 Unconditional right of return: Goods can be returned within a maximum period of 30 days from their date of purchase in their unopened and undamaged original packaging.

9.2 Conditional right of return: A conditional right of return may be possible if the original packaging has been opened but is undamaged, the product does not show any signs of use and all accessories are present. These conditions must all have been met. The return is accepted once the product has been tested by our customer service department. The corresponding loss of value (compensation) is deducted from the reimbursement.

9.3 No right of return: Returns are not accepted if either

  • the original packaging is damaged or lost
  • accessories are missing
  • consumables (e.g. toner, filters) have been opened
  • hygiene products (e.g. headphones, razors, toothbrushes) have been opened
  • software has been opened (broken seal)
  • books have been opened (foil removed)
  • the goods are underwear, socks, bras and swimwear.


The Customer must avoid any damage and contamination. The goods must be returned to Primeo Commerce in their original packaging, including all accessories, and together with all items of packaging. If the Customer is unable to return the services received to Primeo Commerce or only in a deteriorated condition, the Customer must pay Primeo Commerce compensation.

This rule does not apply to goods delivered if their deterioration is exclusively caused by testing to the same extent as the Customer would have been able to do in a high-street shop. Apart from that, the Customer can avoid their obligation to pay compensation for a deterioration caused to the item through proper use by refraining from using it as if it were their own and refraining from taking any actions that would impair its value.The Customer shall return all items that can be sent in the post at their own risk and cost.All reimbursements of payment must be paid within 30 days. This deadline starts with the dispatch of the cancellation declaration or item for the Customer and with receipt of the item for Primeo Commerce.


10. Guarantee and warranty 

10.1 The delivery note is classed as a certificate of guarantee.

10.2 The guarantee applies for 24 months from the date on the delivery note.

10.3 In the event of the product becoming defective within the guarantee period, it must be returned to Primeo Commerce together with the deliver note and a detailed written description of the defects. The customer carries the risks and costs associated with all returns.

10.4 The guarantee exclusively includes the right to repair and/or replacement of the product.

10.5 No further guarantees shall be given insofar as permitted by law.


11. Liability

All liability, except for damages caused by acts of malicious intent or gross negligence, shall be excluded.


12. Final provisions

12.1 Should one or several provisions of these General terms and Conditions be ineffective, this shall not affect the effectiveness of the other provision or the GTC as a whole. The ineffective provisions shall be replaced with the relevant legal provisions.

12.2 These GTC are subject to change at any time. Orders that are place before the effective date of the new GTC are subject to the previous version of the GTC applicable at the time of order.


13. Place of jurisdiction and governing law

13.1 This Agreement is exclusively governed by Swiss law.

13.2 The sole place of jurisdiction is Arlesheim, Switzerland. The right to use other legally binding places of jurisdiction remains reserved.

As of: 01/09/2019