General terms and conditions of resale (GTCoR)

Last update: February 2018

Please note: Only the German original of these general terms and conditions of resale of Digitec Galaxus AG is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these general terms and conditions of resale, you automatically accept the German original.

1 Scope of application

The current general terms and conditions of resale (hereinafter “GTC”) apply to the rights and obligations related to the resale of  products through the online shops www.digitec.ch and www.galaxus.ch (hereinafter individually referred to as “online shop”).

Digitec Galaxus reserves the right to change these GTC at any time. The version of the GTC in force at the time of order placement applies. Customers’ terms contradicting or deviating from these GTC in terms of their relationship with Digitec Galaxus will not be recognised.

Digitec Galaxus makes its online shops available to customers for buying and selling products originally purchased from Digitec Galaxus (“resale”). Customers listing products will hereinafter be referred to as “sellers”, customers purchasing products as “buyers” and the transaction as either a “purchase” or a “sale”. Subject to other agreements, these GTC also apply to buyers and sellers.

The range of products and services available in the online shop (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is in Switzerland or Liechtenstein.

Deliveries are made exclusively to addresses in Switzerland and Liechtenstein.

 

2 Contract conclusion/parties

All contracts made via the resale platform by the seller or buyer are concluded in their own name, on their own account and at their own risk. The seller is therefore the buyer’s sole contractual partner. Both the seller and buyer carry the sole responsibility for fulfilling and executing all purchase contracts (including delivery, warranty, guarantee, rescission of the contract, payment of the purchase price etc.).

The purchase agreement between buyer and seller takes effect when the order is placed/purchase is made by the buyer on the online shop and so do the conditions seen by the buyer on the online shop (particularly the sale price and delivery timescale). The buyer and seller both agree to satisfy this purchase agreement in full.

Digitec Galaxus is not party to the purchase agreement. It acts solely as an intermediary and service provider between the buyer and seller. The purchase agreement is fulfilled exclusively by the buyer and seller.

The buyer can see details of the seller, and therefore their contractual partner, on both the online shop and their order confirmation.

When an online order is made, the buyer will be sent an automatic order confirmation from Digitec Galaxus to the email address the former provided. This simply notifies the buyer that the order has reached the online shop and that the contract with the seller has come into effect.

The seller alone is responsible for the correct declaration and payment of all applicable value added taxes (VAT) and any other taxes, duties and charges in relation to all sales made by the seller via the online shop.

The buyer and seller shall ensure that they satisfy these GTC at all times.

 

3 Buyer–seller relationship

3.1 Contract terms in the absence of deviating terms

If no other conditions or supplier product descriptions apply when the contract is concluded and the parties have not agreed anything else, the following terms govern purchase contracts:

The terms of the purchase contract between buyer and seller are determined by the product description provided by the seller and the conditions listed on the online shop (particularly the sale price).

The product description constitutes the contract terms, meaning that the seller guarantees that the product has the characteristics described.

The seller is liable for any material defects, meaning non-disclosed defects which nullify or considerably reduce the value or use of the product in terms of its intended use. In particular, the seller is liable for the functionality of a purchased product in the absence of a clear description to the contrary.

The seller must grant the buyer unencumbered possession and third party-free ownership of the product on payment of the purchase price. Limitations of liability are not permitted in this matter.

The buyer recognises that the resale of used products may involve slight visual defects, which are excluded from the guarantee.

Any valid warranty on Digitec Galaxus products is passed on to the buyer. 

All disputes between buyer and seller in connection with this sales contract is governed by substantive Swiss law and excludes United Nations Convention on Contracts for the International Sale of Goods (CISG).

3.2 Execution of the contract

The seller will be notified of the buyer’s name, address and email address after the contract has been concluded and the sales price has been payed.

Products can only be delivered to customers in Switzerland or collected from the seller. Items cannot be collected from Digitec stores. In principle, the products will be shipped, unless the buyer and seller have agreed otherwise.

The customer’s delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If not, the customer shall bear any costs incurred.

If there is a delivery delay, the buyer is entitled to withdraw from the contract from 10 days after payment of the purchase price. In this instance, Digitec Galaxus shall refund the buyer any payments they have already made. Any claims against Digitec Galaxus exceeding this shall not be accepted.

 

4 Invoicing, debt collection and payment

 

On conclusion of the purchase contract according to section 2, the seller assigns Digitec Galaxus with collecting the respective sale price. Digitec Galaxus shall take on this task and collect the owed amount. The payment to be recovered always comprises the entire invoice amount on the purchase contract (including all taxes [particularly any VAT], fees, charges, packaging costs, shipping and delivery fees, etc.; hereinafter “invoice amount”) and all related rights (particularly interest claims).

Digitec Galaxus is entitled to charge the commission fee against the amount owed to the seller for the encashed invoice amount.

Digitec Galaxus shall generate an invoice for the seller for every order, listing each position.

The seller must make any complaints about this invoice within seven working days after receipt. After this period, the invoice is deemed as unconditionally accepted.

 

5 Reversal of the purchase contract

 

The purchase contract can only be reversed within 30 days from receipt of the purchase price and only if the credit is still in the seller’s customer account (and has not yet been transferred to his/her own bank account). Furthermore, both buyer and seller must approve the reversal and demonstrably carry it out (e.g. postal receipt for the return of the purchased item). When a purchase contract is reversed, Digitec Galaxus either waives its commission fee or refunds the seller. Digitec Galaxus also refunds the purchase price which the buyer has already paid. Digitec Galaxus reserves the right to claim compensation for the reversal of the contract.

 

6 Seller’s obligations

6.1 Products and prices

Resale is only available for products which the seller bought from Digitec Galaxus at an earlier date (including products purchased from merchants within the merchant programme) and which originally cost at least CHF 50.00 and were not listed under “no right of return” in the return policy. Digitec Galaxus is entitled to exclude the resale of certain products and product categories.

The seller must ensure that all published sale prices of private resales on the online shop have end prices which contain all applicable taxes (particularly any VAT), any advance recycling fees, packaging costs, delivery charges and all other fees, taxes and charges.

The seller must not provide any incorrect, misleading, dishonest, offending or in any other way unlawful information about the product in question. The seller is obliged to delete any personal data from the product and may not sell products with unlawful content. All product and packaging defects must be specified.

6.2 Shipping and shipping confirmation

The seller is obliged to send the product to the buyer within four days from Digitec Galaxus’ sales confirmation and must confirm shipment in the customer account.

6.3 Power of disposition over the offered product

The seller must be free to dispose of the offered product. This means that they are able and entitled to transfer full and unencumbered possession and ownership to the buyer.

6.4 No separate sale

The seller is prohibited from otherwise selling or granting third-party rights to the offered product.

6.5 Commission fee

The seller shall pay Digitec Galaxus a fee for providing access to buyers. The amount of this fee is detailed in Appendix 1. Digitec Galaxus is entitled to adjust the commission fee at any time with a notice period of 30 days.

The commission fee is calculated based on the sale price of the product (including fees, charges, packaging costs, shipping and delivery fees, but excluding any VAT).

The commission fee applies to all purchase contracts which the seller makes with buyers on the online shops. The commission fee does not apply if the purchase contract between buyer and seller is subsequently dissolved by mutual consent or the buyer does not pay the purchase price, contrary to their obligation to do so.

The entitlement to a commission fee comes into effect when the purchase contract is concluded in accordance with section 2.

6.6 Commission fee

If requested by Digitec Galaxus, the seller must provide proof of shipment (e.g. parcel number, proof of postage or similar evidence).

 

7 Buyer's obligations

7.1 Payment

Placing an order requires the buyer to accept the product and pay the sales price. The buyer recognises that Digitec Galaxus shall collect payment of the purchase price and undertakes to make all payments exclusively to Digitec Galaxus.

The buyer must pay Digitec Galaxus (who shall collect payment on behalf of the seller) the purchase price within 30 days.

Payment must be made in Swiss Francs.

7.2 Inspection obligation and confirming receipt

The buyer is obliged to confirm the receipt of the product in his/her customer account within 14 days after receiving the request to do so. Furthermore, the buyer must also check the condition of the product within the same timescale. By confirming receipt of the product, the buyer confirms that he/she has inspected the product and deemed it compliant with the contract.

8 Seller–Digitec Galaxus relationship

By listing their item(s), the seller agrees to the current GTCoR and particularly to the Digitec Galaxus’ commission fee. If they do not comply with the fundamental obligations of the GTCoR, Digitec Galaxus is entitled to exclude them from using the online shops.

The seller recognises that the online shop is a technically complex platform and that constant availability cannot be guaranteed. The seller expressly waives the right to claim compensation in connection with temporary downtime of the online shop and/or the technical connection.

9 Liability and exclusion of liability

Digitec Galaxus’ liability is based on the applicable legal provisions. In no event shall Digitec Galaxus be liable for the completeness or accuracy of customer details on the website, nor any loss of profit or consequential damages.

10 Further provisions

10.1 Data protection and use

For the purpose of processing the purchase contract, the buyer's data (name, address, telephone number, etc.) are transmitted to the seller. The seller may only use this data to fulfil the relevant purchase contract. The seller is prohibited from using this customer data for any other purpose (particularly marketing or other purposes, passing it on, selling it, etc.). The seller must process customer data in full compliance with applicable data protection legislation.

On termination of this contract, the seller must delete all existing data generated on the online shop, excluding data that must be stored for legal reasons.

The seller recognises that customer data generated on the online shop belongs to Digitec Galaxus and Digitec Galaxus is therefore entitled to use it.

The seller grants Digitec Galaxus free and unlimited rights to use all data (particularly product data) that it provides on the online shop. In particular, this includes the right to adapt and publicise this data for advertising purposes in print media, online and via other communication channels. This usage right continues after this contract has ended.

Furthermore, the privacy policy applies to the processing of personal data by Digitec Galaxus.

Products can only be shipped to the buyer via delivery within Switzerland or have to be collected from the seller. Collection in Digitec stores is excluded. Products are generally shipped unless buyer and seller agree otherwise.

10.2 Partial invalidity

Should individual terms of these GTCoR be invalid or void, the validity of the other provisions of these GTCoR shall not be affected.

10.3 Place of jurisdiction and applicable law

All legal relations between Digitec Galaxus and buyers or sellers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Subject to legal provisions to the contrary, the place of jurisdiction is the city of Zurich, Switzerland.

10.4 Copyright notice

All rights to these GTCoR, particularly copyrights, are reserved by Digitec Galaxus.

All reproduction, distribution or other use is prohibited except with written permission from Digitec Galaxus. In the event of breach of this requirement, Digitec Galaxus reserves the right to take legal action.

 

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Appendix

Appendix 1 «Commission fee»

Sale price (CHF)

Commission fee (CHF / %)

5 – 35

CHF 5.–

35 – 100

14%

100 – 250

12%

250 – 750

10%

750 – 1500

8%

1500 – 2500

6%

From 2500

4%