Terms & Conditions – Mochil

General Terms and Conditions

  1. Initiation

With the commission of your order you accept the General Terms and Conditions (the T&C) of MOCHIL. On the company’s online platform products are offered and sold to customers with residence in Switzerland and Liechtenstein.

These terms and conditions apply to the use of the MOCHIL online platform and govern all legal relationships arising from this use.

  1. Registration

For each order a valid email address, the official first name and surname, the date of birth, a phone number, a billing address as well as a shipping address need to be submitted. All information must be accurate and complete.

Personal login information will have to be kept confidential by the customer, viewing of the complete data is only possible for a limited number of authorized persons and will be disclosed to third parties only on presentation of a power of attorney or in connection with an official inspection. Should any damage arise from the misuse or unauthorized disclosure of access data, MOCHIL cannot be held liable.

MOCHIL is not obliged to maintain a continuous availability of the online platform. Disorders of the online platform are prohibited. Manipulations to try to gain unauthorized payments or other benefits to the detriment of MOCHIL can lead to legal consequences.

In social networks such as Facebook, Twitter, LinkedIn, Instagram etc. MOCHIL may review comments from customers and remove these without cause at any time.

Any breach of these terms and conditions (including the privacy statement) may result in a loss of access to the online platform.

  1. Offers of the online platform

3.1 Offer addressee’s

The offers of this online platform are generally aimed at independent customers as well as businesses with residence in Switzerland and Liechtenstein. Customers below the age of 18 resp. non-independent customers confirm to MOCHIL with every order that they possess the agreement of the legal representative for the respective purchase.

3.2 Product information

MOCHIL strives to provide a high quality of product information.

MOCHIL has the sole right of use to all product information (eg. descriptions, images, photos, texts, etc.). However, product information (esp. Information on availability) is subject to correction (without engagement). Further, the platform is in no way liable for the contents of external websites and linked online stores.

  1. Order and conclusion of contract

The binding order of products takes place via the market platform resp. by clicking the button “PLACE ORDER”. After submitting the order the customer receives a confirmation of receipt of the order.

The conclusion of contract between the seller and the customer takes place with the transmission of the confirmation of receipt.

If it is determined after the order confirmation that a product is not available or a service cannot be provided the vendor can cancel the corresponding order completely / partially resp. withdraw from the contract. The customer in this case is not entitled to a delivery of the ordered goods or a provision of the relevant services.

  1. Delivery of the products

5.1 Delivery methods and delivery locations

The delivery and shipment methods as stated on the online platform apply. MOCHIL is entitled to partial deliveries.

Deliveries of products solely take place to delivery addresses within Switzerland and Liechtenstein.

5.2 Delivery periods and delivery dates

The delivery period stated in the offer or in the confirmation of receipt is solely a guide and is not binding. In the case of a larger time delay, the customer is informed.

The delivery time is extended appropriately in the presence of delivery debilitating circumstances of force majeure (act of god) or comparable effects.

5.3 Verification of the products by the customer

The Customer undertakes to check the delivered / collected goods immediately for correctness, completeness and integrity. Damage to the delivered / collected goods have to be reported to MOCHIL as soon as possible, but seven calendar days after delivery / collection at the latest.

  1. Provision of warranty

The provision of warranty accounts for 24 months from the date of delivery to the buyer. In warranty cases, the products must be submitted directly to MOCHIL.

Defects noticed at a later stage, that is during the warranty period must be reported immediately after their discovery, provided they are demonstrably attributable to poor material or defective manufacture. If defects are not reported in time, the warranty rights do not apply.

The Customer acknowledges that the warranty provisions generally provide only a right to repair resp. replacement as long as no exclusion reasons are present. The customer is not entitled to any compensation for damages or any handling charges. The decision on the type of defect elimination rests with the seller. For the duration of the repair or the delivery time of a replacement product no eligibility for a replacement product passes. The defective product or the replaced parts shall become the property of MOCHIL.

If it is determined that the product does not have any faults or that those are not covered by the warranty, the return shipping is at the expense and the risk of the customer. Furthermore, an administration fee may be charged.

  1. Return of products
The product must be securely packed by the customer for the return. The return of a product has to include all accessories. The return is at the expense and risk of the customer. The decision on a (partial) refund of the purchase price as a result of a return lies with MOCHIL after a thorough inspection of the returned goods. Shipping costs (for example, A-Post, Same Day, etc.) will not be refunded. Otherwise, the following regulation applies for returns:

7.1 Procedure for defective products

The customer can claim any defects in the product, provided that no reasons for exclusion exist. The corresponding communications from the customer are received by MOCHIL. Exclusion criteria may in particular include damages caused by natural hazards, moisture damage, impact damage, normal wear and tear, incorrect handling, damage from exposure to the outside, improper handling, use of foreign parts, repairs which were not carried out by MOCHIL, and any manipulation or modification to the product.

Defective products are, unless stated otherwise, not collected. The client has to send the defective product to the respective seller at his own expense and risk. The products are to be sent in the original packaging including all accessories and the warranty certificate. If the original packaging is lost the product needs to be packed in a suitable manner for transportation.

Returned products which are sent to a wrong address, or whose return was denied and / or whose packaging was defective or whose accessories are missing, can be returned to the customer by MOCHIL. No handling charges can be claimed.

  1. Product colorsMOCHIL aims at presenting the colors of the products truthfully. It should be noted that there may be slight variations in color. Slight differences are mostly due to color settings on the monitors and do not constitute defects.
  2. Prices

The price at the time of the order applies. All prices on the online platform are in Swiss Francs. Utilities (eg. Shipping costs, packaging costs, surcharges for certain payment methods) are included in the price. Technical changes, errors and misprints are reserved.

  1. Payment and retention of title

10.1 Contact person regarding questions concerning billing and payment

MOCHIL is the direct contact person for any question concerning billing and payment for all customers who make purchases on the online platform.

10.2 Payment methods and payment terms

The payment methods as stated on www.mochil.net apply. MOCHIL reserves the right to request credit- worthiness of customers and may forward customer data to third parties for this purpose.

When paying by credit or debit card, the cards are charged at the time of order. The data is hereby submitted in an encrypted form.

With scarce availability, it may happen that products with the status “in stock” are no longer immediately available for the effectuation of the order or delivery. The seller will in this case inform the customer about the new provisional delivery date. Any damage claims on the part of the customer are excluded.

10.3 Retention of title

The products delivered resp. collected by the customers remain a property of the seller until the entire purchase price (including all surcharges) is paid. The seller is entitled to register a retention in the respective title register.

  1. Liability

Damages claims resulting from an impossibility of performance, breach of contract, negligence in contracting and tort are excluded towards MOCHIL, unless intentional or gross negligence are detected. The liability for indirect or consequential damages arising from the use, misuse or performance failure is excluded.

  1. Data protection

12.1 Privacy statement, customer account, data collection

Customer data is protected from access by unauthorized third parties. An insight into the complete data is only possible to a limited number of authorized persons and will be disclosed to third parties only on presentation of a power of attorney or in connection with an official inspection.

12.2 Data transfer and retention obligation

The data collected can be evaluated and used for marketing and promotional purposes. MOCHIL stores your customer data for as long as this is necessary for compliance with applicable laws or for as long as it is necessary for the purposes for which they were collected.

  1. Final provisions

Should any one of these conditions be declared invalid or be unenforceable by a competent court, the remaining provisions of these Terms and Conditions will remain in force. Should any one of these conditions be declared partially invalid or unenforceable, the condition remains applicable as to the least extend of being valid or enforceable.

These Terms and Conditions may change at any given time (eg. in case of changes to the law, adaptation or development of the functionalities of the online platform or when changing the online platform or offers made on the platform), whereby the current version is always published under www.mochil.net. If a substantial change occurs, the attention of registered customers might be called in other ways.

  1. Applicable law and jurisdiction

To these Terms and Conditions solely the Swiss law does apply. The place of jurisdiction is Zurich. The conditions of the UN purchasing law do expressively not apply.

Status: 07.05.2017

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