General Terms and Conditions (T&C)

EASYSUPPLIES.CH is the straightforward and comprehensive online source for printer accessories, storage media, office supplies and other accessories for the office and PC workstation. It is run by Ecomedia AG (location: 8606 Nänikon) in collaboration with a network of specialist traders throughout Switzerland. Ecomedia AG is the leading distributor in Switzerland for the listed product groups.
Orders placed with EASYSUPPLIES.CH are paid for by credit card to EASYSUPPLIES.CH or invoiced by selected specialist dealers (easyPARTNERS). Handling and delivery is carried out by Ecomedia AG.

1.    Scope of Application

These Terms and Conditions (hereinafter referred to as “T&Cs”) govern the rights and obligations of EASYSUPPLIES.CH towards its customers. They apply to all business relationships between EASYSUPPLIES.CH and the customer(s), regardless of whether services are rendered by Ecomedia AG or an easyPARTNER.

In order to be valid, customer terms and conditions or other divergent conditions must be expressly accepted in writing by EASYSUPPLIES.CH. Should individual clauses of the T&Cs be or become invalid or void, this shall not affect the remaining provisions. The invalid clause is to be reinterpreted or completed in such a way that the intended purpose is achieved as far as possible. EASYSUPPLIES.CH reserves the right to modify or supplement the T&Cs at any time. Customers will be informed of the valid T&Cs in a suitable manner; these can also be found on the Internet at www.EASYSUPPLIES.CH.

2.    Offer and Conclusion of Contract

Offers from EASYSUPPLIES.CH displayed within the online system, price lists and advertisements are non-binding and subject to change. Orders shall only become binding for EASYSUPPLIES.CH once confirmation is made; this will be provided electronically. Product details are to be regarded as guidelines and do not represent a guarantee of features unless expressly indicated as binding.

3.    easyPARTNERS

EASYSUPPLIES.CH has a network of specialist traders (easyPARTNERS) throughout Switzerland. As part of the order, the customer shall select his or her easyPARTNER. The easyPARTNER will be available to the customer for personal consultation, to grant a credit limit as well as for any further services.

EASYSUPPLIES.CH shall inform the easyPARTNER regarding all business transactions with the customer. Pending further instructions, EASYSUPPLIES.CH shall regard the easyPARTNER selected by the customer as authorised to view customer details and business transactions.

The customer has the opportunity to select a new easyPARTNER at any time. EASYSUPPLIES.CH reserves the right to end collaboration with individual easyPARTNERS if the provisions for collaboration are no longer given. In such cases, the customer is invited to select a new easyPARTNER upon his or her next order.

4.    Order and Delivery

By placing the order, the customer acknowledges the T&Cs of EASYSUPPLIES.CH. Orders are binding in any case and cannot be cancelled without the express consent of EASYSUPPLIES.CH. A contract becomes effective only upon the agreement of EASYSUPPLIES.CH, or at the latest when the customer has accepted the delivery. The conclusion of contract and delivery shall be effected subject to a positive credit rating for the customer and to the availability or deliverability of the products ordered.  Delivery dates stated by EASYSUPPLIES.CH are to be taken as guidelines in the absence of any written assurance to the contrary. Indicating a delivery date does not determine guarantee. EASYSUPPLIES.CH is entitled to cancel the order should any disruptions to the delivery process occur as a result of circumstances over which EASYSUPPLIES.CH has no control (examples: strikes, lockouts, material loss, disruptions at the manufacturers, transport problems).

Changes or cancellations desired by the customer as regards order items (marked in the shop with a red dot) require written consent by EASYSUPPLIES.CH. Any costs incurred may be charged to the customer by EASYSUPPLIES.CH.
Partial deliveries are possible without express agreement by EASYSUPPLIES.CH.

EASYSUPPLIES.CH charges a portion of the costs for postage and packaging for all dispatches. The current valid regulation can be viewed on www.easysupplies.ch under Delivery Conditions. This is an integral component of these T&Cs.

5.    Default of Acceptance

If the buyer refuses to accept the delivery items, or declares a wish not to accept the goods upon expiry of a specified period of grace, EASYSUPPLIES.CH may refuse to fulfil the contract and claim compensation for non-observance. EASYSUPPLIES.CH is entitled to claim as compensation either 20 % of the agreed purchase price or reimbursement of the effectively accrued damage suffered from the buyer.
 
6.    Examination of Goods and Transfer of Risk

The customer shall examine the products supplied by EASYSUPPLIES.CH with respect to accuracy and completeness immediately upon delivery or collection. Any damage, defects, discrepancies in quantity or other complaints must be declared in writing and sent directly to the EASYSUPPLIES.CH address within a period of no more than 5 working days.
If a claim is not made within 5 working days of goods having been received, delivery shall be deemed to conform to the contract, unless the errors/discrepancies could not be detected despite careful examination of the products.
When handing over the goods, any transport damage or incorrect amounts visible upon delivery must be noted on the forwarding agent’s notice of receipt.

Risk shall pass to the customer(s) once the product has been handed over to the transport company.

7.    Prices

Prices are stated on the Internet and, unless otherwise agreed in writing, shall be understood to include the legal VAT, plus any costs for postage and packing. Fees such as SUISA or the advance recycling fee are included in the price; the amount is displayed separately.

The prices stated in our contract confirmation are decisive. These are fixed for in-stock products at the time of order. In the case of supply bottlenecks or procurements, the price on the day of order being placed is valid.

8.    Payment conditions

As a rule, EASYSUPPLIES.CH does not provide unlimited credit. Payment shall normally be effected by credit card.
The customer may request an increase of their basic credit limit from the easyPARTNER. The easyPARTNER alone shall decide whether or not to approve such a credit increase. If the credit limit approved by the easyPARTNER is exceeded or no longer valid, delivery shall only take place once payment is made by credit card.

Invoices issued by the easyPARTNERS must be settled and paid net within 14 days unless otherwise agreed in writing. Written agreements regarding differing payment terms shall take place directly between the easyPARTNER and the customer. If payment is not received within the period specified, the customer shall be deemed to be in default. A reminder or notice is not deemed necessary. EASYSUPPLIES.CH may charge 6% interest on late payment.

All outstanding items shall be payable in the case of customer default. Should such debts not be paid within a period of grace determined by EASYSUPPLIES.CH, EASYSUPPLIES.CH is entitled to discontinue deliveries to the customer, either in full or in part, without further notification, until all outstanding bills have been paid or settled. All consequences resulting from such a discontinuation shall be borne by the customer. EASYSUPPLIES.CH is entitled to the reimbursement of all reminder, collection, legal and court costs, as well as claim for any damages incurred from the same. The customer is obliged to notify EASYSUPPLIES.CH in advance if a delay or default in payment is foreseeable.

9.    Reservation of proprietary rights

The products delivered will remain the property of EASYSUPPLIES.CH until full payment has been received.

10.    Returns

A return of products by the customer requires the prior consent of EASYSUPPLIES.CH. Returns shall take place at the customer’s cost and risk. Returns can only be accepted within 14 days of receipt of the goods. The product must be returned in its original packaging and the order confirmation slip must be enclosed.

EASYSUPPLIES.CH reserves the right to send back products that have missing or unusable original packaging as well as products that are no longer immaculate, at the customer’s expense and risk. Packaging is deemed to be unusable if it is damaged, has labels stuck to it, has been written on or is otherwise unsellable. Products that are deemed to be objectionable include those that have been used, have reached their expiry date or show an imminent expiry date within 90 days, or those that are otherwise unsellable. Should EASYSUPPLIES.CH accept the return of such products in a gesture of goodwill, it shall arrange for an appropriate reduction of the purchase price.

In the case of returns for which EASYSUPPLIES.CH is not responsible, the price shall be credited at no more than the price originally paid by the customer.

Supply products (products that EASYSUPPLIES.CH has not declared as in-stock items and which are therefore only procured especially to fulfil customer orders; marked in the shop with a red dot) may in no case be returned to EASYSUPPLIES.CH. The customer will be expressly notified of the waiving of the right of return and right of rescission during the order process.

11.    Warranty / Guarantee

EASYSUPPLIES.CH’s warranty for the products it supplies shall conform fully to the guarantee conditions of the manufacturer or supplier. The customer shall waive any further warranty claims against EASYSUPPLIES.CH.

The warranty is usually limited to repair or replace the faulty product(s) by reason of the respective guarantee conditions of the manufacturer or supplier.

The warranty for faults/defects for which the manufacturer or EASYSUPPLIES.CH is not responsible, in particular for incorrect storage, non-compliance with the operating manual, natural wear and tear, improper handling, force majeure or similar reasons shall be excluded.

Claims under the guarantee must be made in writing to easyPARTNER immediately upon discovery, enclosing the rejected product and providing a detailed description of the default/defect as well as the proof of purchase.  Individual manufacturers or suppliers demand that claims under the guarantee must be made valid directly with them. The handling of guarantee cases is determined in any case by the processes defined by EASYSUPPLIES.CH and the manufacturers.

12.    Cancellation Policy

Right of rescission
A customer may cancel their contractual statement in text form (letter, e-mail) or by returning the items within two weeks without providing a reason. The period begins upon receipt of the goods. A timely dispatch of the cancellation request or item itself shall suffice to meet the cancellation period. IMPORTANT: If you would like to return a product, please use the return function provided on easysupplies.ch or call us on our free hotline. Our customer service department is available from Monday to Friday between 9 am and 12 pm as well as 1 pm to 5 pm.
Consequences of cancellation
In the event of a valid cancellation, the mutually received benefits are to be returned and any profits drawn (e.g. interest) shall be surrendered. If you are unable to return the items received, either in full or in part, or only in a deteriorated condition, you shall be obliged to provide us with compensation of equal value (where applicable). This may mean that your contractual payment obligations for the period until revocation/cancellation must be complied with. Refund payment obligations must be fulfilled within 30 days. The period for you shall commence upon dispatch of your declaration of revocation or the item; for us it shall commence upon receipt of the same.
Special information
Your right of revocation shall expire ahead of time if the contract has been fulfilled completely by both parties at your express wish, before you exercised your right of revocation.
End of cancellation policy.

13.    Liability

EASYSUPPLIES.CH shall only be liable for direct damage and only if it is proven that this was caused by gross negligence on the part of EASYSUPPLIES.CH or by third parties commissioned by EASYSUPPLIES.CH. The liability is limited to the price of the respective delivery or service.

Any further form of liability by EASYSUPPLIES.CH, its auxiliary persons and third parties commissioned by EASYSUPPLIES.CH for damages of any kind shall be excluded. In particular, the customer shall on no account make a claim for compensation for indirect damage, such as loss of orders, lost profit, loss of reputation or similar consequential damage.
EASYSUPPLIES.CH undertakes to transfer to the customer any possible liability claims acknowledged by the producer/manufacturer/supplier.

14.   Data Protection

EASYSUPPLIES.CH strives to guarantee the highest possible level of data protection and security for the customer. Customer details are used exclusively in order to process the order. They are supplied by EASYSUPPLIES to the easyPARTNER for this purpose.

By requesting a credit limit, the customer thus declares agreement that EASYSUPPLIES.CH may make his or her details known to the credit checking company commissioned by EASYSUPPLIES.CH to check his or her credit standing.
Customer details are treated confidentially and are not forwarded to third parties.

15.    Patents and other Industrial Property Rights

Should a third party make claims against the customer on the grounds of violating a patent, copyright  or other commercial property right associated with products supplied by EASYSUPPLIES.CH, the customer shall immediately notify EASYSUPPLIES.CH of the issue in writing. EASYSUPPLIES.CH will forward the information to the manufacturer or supplier and request that they handle the matter directly.
In such cases, the customer shall waive any claims under guarantee or liability claims against EASYSUPPLIES.CH.

16.    Re-export

The re-export of certain products distributed by EASYSUPPLIES.CH is subject to international export control provisions, particularly the Swiss, European and United States export regulations. The customer is obliged to enquire independently as regards the pertinent provisions and conditions in the case of a possible re-export of the products, and obtain the necessary approvals if necessary.

This obligation shall be passed on to the corresponding acquirer in the event of sale or other handing over of the products, with the obligation of passing on the same to other parties.

Should EASYSUPPLIES.CH be prosecuted because the customer has not obtained the necessary export permits for the products delivered by EASYSUPPLIES.CH, the customer shall indemnify EASYSUPPLIES.CH in full.

17.    Transfer of Rights and Obligations

Rights and/or obligations from individual contracts with EASYSUPPLIES.CH may be transferred to third parties by the customer only with the prior written consent of EASYSUPPLIES.CH.

18.    Applicable Law and Jurisdiction

EASYSUPPLIES.CH contracts and T&Cs are subject exclusively to Swiss law with the express exception of state provisions, in particular the Vienna United Nations Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for EASYSUPPLIES.CH and for the customer for all disputes arising directly or indirectly from the contractual relationship shall be the courts responsible for Uster or the canton of Zurich. EASYSUPPLIES.CH is also entitled to prosecute the customer in any other competent court within the jurisdiction.

Nänikon, 1 April 2013
 

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