Conditions de ventes

22 Juillet, 2023 version

Les présentes conditions générales de vente (CGV) sont conclues, d'une part, par le site web https://power-tools.ch dénommé "https://power-tools.ch" appartenant à ark.swiss sàrl et, d'autre part, par toute personne physique ou entité légale souhaitant effectuer un achat via le site https://power-tools.ch ci-après dénommée "le client".

1. Object of the contract

These general terms and conditions of sale and delivery govern the contractual relationship between power-tools.ch (ark.swiss Ltd., hereinafter referred to as "Company") and the purchaser of goods and services from the online store.

2. Application and validity

These GTC govern the rights and obligations of the Company with respect to its customers. They apply to all commercial relations established between the Company and the client, particularly for the delivery of products and the provision of services, unless otherwise agreed in writing.

The customer's terms and conditions of business shall not apply unless they have been expressly accepted in writing by the Company in advance and do not conflict with the Company's terms and conditions.

Changes shall be indicated to the client on the Company's homepage. All services and products offered and distributed by the Company shall apply as products.

3. Conclusion of the contract / communication

The client's order shall contain an offer to conclude a contract, which shall be accepted by the Company with the dispatch of the ordered goods. The Company reserves the right not to accept the order.

The Company generally transmits its information and communications by e-mail. The client is responsible for providing a valid e-mail address.

4. Price

The prices of the products and services are net prices in Swiss Francs, including VAT and advance recycling fee (ARF). Delivery costs / ancillary costs and packaging shall be charged separately. The prices of the products shall be invoiced by the Company at the time of the order confirmation.

5. Terms of delivery

The delivery times indicated are based on the data of our suppliers and are not binding on the Company. The Company shall not be liable for any claims for damages. The delivery costs payable shall be displayed prior to delivery (in "Shopping Cart" and "Checkout"). If the customer is in default of payment for previous deliveries, the Company reserves the right to suspend deliveries until all debts have been paid.

6. Risk transfer, transport and insurance

The Company only delivers to valid postal addresses in Switzerland and the Principality of Liechtenstein. Deliveries via transport partners are only made up to the curb.

The risk of accidental loss or damage passes from the transport company to the customer when the goods are handed over.

If the delivered products show manufacturing or material defects, and if transport damage is also found, the customer undertakes to assert these immediately after receipt, and up to 5 days later, against the company responsible for the delivery (post office, carrier) and then against the Company. Furthermore, the client is obliged to keep all packing materials until the case is settled.

7. Terms of payment

The terms of payment in the online store under "Select method of payment" apply. The company decides which payment method applies. Partial deliveries are to be paid for within the framework of the individual delivery.

8. Reservation of ownership

All goods ordered by the client remain the property of the Company until full payment of the purchase price. Until such time, the goods must be kept by the client in perfect condition. The Company shall be entitled to assert the reservation of title pursuant to Article 715 of the Swiss Civil Code at the client's respective place of residence.

9. Legal defects

Immediately after receipt, and at the latest after 5 days, the client must check the goods for completeness and report any visible defects (transport damage, see point 6) to the Company. Otherwise, the delivery shall be deemed accepted by the client.

10. Withdrawal from the contract / right of return / right of exchange

In case of typographical or calculation errors, the Company is entitled to withdraw from the contract. This may also occur if the Company's prices have also been miscalculated by the suppliers.

In principle, there is no right of return/exchange of delivered goods.

The client is entitled to withdraw from the contract after the order has been accepted by the Company under the following conditions:

10.1 Unwrapped products

Products not unpacked from our warehouse (declared as "Available immediately") can be returned within 14 days from the date of the invoice (postmark) against payment of a processing fee of CHF 50.00 plus 30% of the value of the goods or against the actual costs incurred by the company. The Company shall decide how the costs are covered. The return/shipping is the responsibility of the customer. The following products are excluded from this rule: all articles with a price of more than CHF 1000.00.

10.2. Open / used products

Opened products, products with traces of wear of any kind or products without original packaging cannot be returned or exchanged.

10.3 Products ordered, but not deliverable or with extended delay

For all products ordered from us, but whose package could not be delivered, we proceed as follows

- Delivery expected in the next 3 weeks: 5% handling fee will be deducted from the refund.

- Deliveries expected in more than 3 weeks: 3% administration fee will be deducted from the refund. We offer you a 10% discount voucher to use on your next order.

10.4. Products ordered but not yet delivered

Cancellation of ordered but undelivered items is only possible after consultation with our suppliers, insofar as the procurement process from third parties can still be interrupted.

11. Warranty

Private customers (consumers intending to order for their own private use) have warranty rights in accordance with the applicable law. Warranty rights are excluded for business customers (consumers with the intention of ordering for commercial use).

The buyer has a manufacturer's warranty right within the scope and framework granted by the manufacturer.

In the case of a warranty, the customer is required to inquire in advance via the online account under "Warranty" whether to contact the manufacturer directly or the Company.

If the supplier is responsible for the warranty, the customer shall take care of the warranty claim directly with the manufacturer. If the customer chooses to have the Company process the warranty claim with the manufacturer, a processing fee of CHF 50.00 shall be charged.

If the Company is responsible for processing the warranty, the customer shall report the defective product in the online account under "Warranty" for the purpose of warranty processing and shall follow the information subsequently received by e-mail. If the customer sends defective products to the Company without prior notification under "Warranty", the customer shall pay a processing fee of CHF 50.00.

The respective RMA procedure of the manufacturer or company shall apply. The costs of shipping to the company or manufacturer shall be borne by the customer. The cost of returning the product to the customer shall be borne by the Company or the manufacturer. The method of resolving the defect shall be at the discretion of the manufacturer / service partner by replacement, exchange of the defective part, repair of the product or issuing a voucher. If, upon examination of the product to which the complaint relates, it is found that the defect was caused by the customer, the Company may claim a processing fee and/or the customer may have the product repaired at his own expense.

The company accepts no liability, to the extent permitted by law, for any direct or indirect damage caused by defects.

Any liability for normal wear and tear as well as for consumables/accessories/batteries supplied/rechargeable batteries is excluded. Warranty claims against the Company shall be made exclusively against the first purchaser and shall not be transferable.

12. Repairs / Services

The customer is responsible for the security of his data. The company accepts no responsibility for any loss of data that may occur in the course of repair work.

Warranty claims can only be made for hardware products. For installations of hardware components, the customer shall have a free labor warranty of 3 months if the work has been proven not to have been carried out correctly by the Company. The Company is not responsible for limitations on the use of the product due to changes in standards, software or firmware updates.

Unless otherwise specified, the prices quoted for services shall be defined at the Company's premises. Both the shipment from the client to the Company and the return shipment from the Company to the client shall be the responsibility of the client and shall be charged to the client. Express repairs shall be invoiced in accordance with the Company's current price list for services. The Company shall not be liable for any failure to comply with an agreed service time. The Company shall inform the client of any withdrawal periods by telephone or in writing.

13. Data protection

The provisions of the Swiss Data Protection Act apply. The saved data will not be made available to third parties except for the proper functioning of the website (e.g. payment service provider, deliveries, etc.). The company does not save credit card data. The customer agrees to the processing of his data within the Company.

The client is obliged to treat his/her identification data confidentially and not to pass it on to third parties. The Company shall not be liable for any damage caused to the client as a result of fraudulent use of his/her access data.

The online transfer of credit card information is encrypted using a 128-bit SSL certificate, thus guaranteeing a secure payment method.

14. Applicable law and competent court

The provisions of Swiss law shall apply. Swiss law shall also apply if the purchaser has a place of residence or headquarters abroad. The place of jurisdiction for all disputes (subject to different places of jurisdiction prescribed by federal law) in connection with the contractual conditions is the canton of Vaud.