1. Scope of application
The following General Terms and Conditions (GTC) apply to all present and future business relations between Jes Computers GmbH as purchaser / seller / service provider and its customers in the version valid at the time of the conclusion of the respective contract and published on the homepage of Jes Computers GmbH. A customer is any natural person or company who maintains business relations with Jes Computers GmbH. At the latest with the order of products and services from the product range of Jes Computers GmbH the GTC are considered accepted.
Conflicting, deviating or supplementary terms and conditions of the customer are not part of the contract, even if they are known, unless their validity is expressly agreed in writing by Jes Computers GmbH.
Collateral agreements, amendments or supplements to contracts as well as all agreements between the parties deviating from these GTC must be in writing to be valid. This also applies to changes to the written form requirement.
If individual provisions of these GTC only apply to certain contracts concluded with Jes Computers GmbH, this results explicitly from the corresponding provision. Otherwise, the provisions of these GTC apply to all contracts between Jes Computers GmbH and its customers.
2. Subject matter of the contract
Jes Computers GmbH (hereinafter referred to as”JES”) buys and sells from and to commercial and private end customers and customers from the public sector (hereinafter referred to as”customer”) the goods specified in the online shop or in written offers and provides individual services under the following delivery and sales conditions (GTC).
3. Conclusion of a contract
The contract between the customer and JES only comes about by an order of the customer and acceptance of the order of JES. The customer’s order is placed personally, in writing or via the Internet. Jes accepts the order by (a) sending the customer an order confirmation (e-mail) or (b) delivering the ordered goods (including delivery note). Requested prepayment does not automatically justify the acceptance of the order by JES.
4. Range of products
All information on the goods that the customer receives in the course of the order process is non-binding. In particular, changes in design and technology, which improve the functionality of a product, as well as errors in description, illustration and price information are reserved. All technical information on the individual goods is based on the manufacturer’s data and is binding in this context.
5. Prices and terms of payment
All prices are non-binding and are continuously adjusted to the market. They are quoted in Swiss francs (CHF), unpacked, unfranked from stock, but including SWICO fee (recycling fee). Depending on the end customer, our prices are shown inclusive or exclusive of the statutory value-added tax valid on the day of delivery. For telephone and written orders below CHF 100, a minimum quantity surcharge of CHF 15 will be applied. This surcharge will also be applied to online orders. Payment must be made net within 10 days after invoicing, unless otherwise agreed. In case of non-compliance with this payment period, JES is entitled to claim a handling fee of CHF 25. If an invoice is not paid within this period, the customer is in default without a reminder. Jes reserves the right to supply customers only by prepayment.
6. Terms of delivery
Ordered products can only be sent to one address in Switzerland and Liechtenstein – customers from abroad can only be considered as collectors. If in stock, the products will be delivered immediately to the address given by the customer if possible. Otherwise a written order confirmation with the expected delivery date will be issued. Delivery of the goods (from the loading ramp) is at the expense and risk of the customer, even if partial deliveries are made. In the event of externally visible damage to the ordered goods, claims shall only be settled against a certificate from the respective carrier. If an ordered product is no longer available at the time of delivery, JES can either offer goods of equivalent quality and price or withdraw from the contract. The offer of a replacement delivery or withdrawal shall be made immediately after determination of the impossibility of delivery. Already received purchase price payments will be fully and immediately refunded by Jes in case of a withdrawal from the contract.
The delivery dates stated by JES are based on a correct and punctual delivery by the suppliers and are therefore without guarantee. JES cannot be held liable for consequential damages resulting from wrong or delayed delivery. In case of delay in delivery or impossibility of delivery, in addition to reimbursement of any purchase price paid, compensation for any further damage is excluded, unless delay or impossibility is due to an intentional or grossly negligent breach of contract by JES or its contractual partners.
The customer is obliged to immediately check the delivered object of purchase for completeness, correctness and possible transport damages and to immediately report any complaints in this regard as well as any obvious damages to the packaging to JES. Any complaints in this respect can only be accepted if the above-mentioned immediate measures have been adhered to.
7. Reservation of proprietary rights
The delivered goods remain the property of JES. Jes is entitled to make a corresponding entry in the retention of title register until full payment has been made. If the customer is in arrears with the payment of the purchase price, JES is entitled to withdraw from the contract (declaration of withdrawal) and to repossess the goods.
8. Right to return
In principle, the customer does not receive a right of return for purchased goods. Incorrectly ordered articles can only be returned after consultation and with written consent of JES. In such a case, the delivered goods must be returned undamaged, functional, complete and in perfect condition within 10 days of receipt or, in the case of new goods, in unopened original packaging (undamaged, free of inscription, unadhesive). Before returning the goods, the customer must always request an authorization number (RMA). The goods are returned at the customer’s expense and risk.
The customer will receive a credit note or, if applicable, an equivalent replacement delivery for correctly returned goods in accordance with the above conditions. Costs and handling charges already incurred may be invoiced to the customer or deducted from the credit note.
In the case of returns that do not comply with these conditions, the customer will be invoiced not only for the full purchase price but also for all other costs incurred, including handling charges. The goods are returned to the customer at the customer’s expense and risk.
Items that are not in stock with the supplier at the time of ordering and must be ordered separately are not subject to a general right of return, even if the above criteria are met. JES can refuse the return of these articles, if a return to the supplier is not possible.
9. Warranty for defects and acceptance
All new goods sold by JES are subject to the individual warranty and guarantee provisions of the respective manufacturer. Defective products will be repaired or replaced free of charge during the warranty or guarantee period. If a product can no longer be repaired or replaced, it will be replaced by an equivalent successor product or a credit note will be issued at the maximum purchase price paid. The warranty or guarantee decision is always made by the manufacturer.
If new goods, which are directly replaced by JES within the warranty or guarantee period, are subsequently a warranty or guarantee case not confirmed by the manufacturer, JES reserves the right to charge any costs further. The warranties and guarantees only include material and/or manufacturing defects, which is why these are excluded for consumables that are subject to normal wear and tear. As JES is unable to carry out any repairs for products within the warranty or guarantee period, the customer is referred directly to the responsible repair shops of the manufacturer. The warranty or guarantee does not apply if the customer has made changes or repairs to the goods without the written consent of JES. Liability for damages is excluded to the extent permitted by law. In particular JES is not liable for damages which can be attributed to improper use or natural wear or for damages which did not occur on the delivery item itself (consequential damages). The backup of any existing data is the responsibility of the customer. JES is in no case liable for a possible loss of data. The shipping costs are at the expense of the respective sender.
For purchased second-hand products (remarketing) the warranty period is 30 days from delivery date (bring-in guarantee), unless another period is granted in writing by JES (e.g. still running manufacturer guarantee). Batteries of used products are guaranteed to last at least 20 minutes. If the operating and maintenance instructions of JES or the manufacturer are not followed, changes are made, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty is void if the defect is due to this. Furthermore, there is no warranty if the defect is due to improper use, storage and handling, the opening of devices as well as to external intervention and natural wear and tear.
JES is only liable for direct damages of the buyer as well as damages due to lack of care in connection with the provision of services, as far as the cause of damage is based on intentional or grossly negligent action of JES or her consulted partner companies. Further claims for damages by the customer due to impossibility of performance, positive breach of contract or other legal reasons are excluded. JES is not liable for indirect, indirect or consequential damages which have not occurred on the product itself (loss of profit, loss of data of any kind of the customer or damages which are based on the fact that due to technical defects possibly given offers of purchase by customers are not received by JES or are considered there etc.). The exclusion of liability of JES also applies to the liability of employees, vicarious agents or vicarious agents. In cases where liability comes into effect, this is limited to the price of the respective delivery/service.
The described limitation of liability or limitation of liability does not apply if the cause of damage is based on intentional or grossly negligent actions of JES or his partner companies. Non-contractual claims are covered by these provisions to the extent permitted by law.
11. Intellectual Property
JES reserves all rights for every design, every text, every graphic on its website. Copying or any other reproduction of the entire website or parts of this website is permitted only for the purpose of placing an order with JES. The name Jes Computers GmbH, all page headers, navigation bars, graphics and button symbols are registered trademarks, trade marks or trademarks of JES. All other trademarks, product names or company names or logos quoted on this website are the sole property of their respective owners. JES reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer requires the express written consent of JES.
12. Data privacy
JES assures to observe the provisions of the Swiss Data Protection Act and the relevant legal norms when collecting, processing and using personal data. The customer data accruing during order processing will only be used to ensure business processing. A passing on to partner companies only takes place for the proper performance of services (order processing). The customer agrees to this use of his data.
13. Place of jurisdiction and applicable law
The present GTC and the contracts concluded on the basis of these GTC are subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is at the seat of JES, which reserves the right to prefer the place of jurisdiction at the customer’s seat.