1. General
The following General Terms and Conditions apply to all contracts, deliveries and other services. We hereby expressly object to any deviating regulations of the contracting partner. All supplementary agreements require our written confirmation. ComputerWorks is entitled at any time to amend or supplement these General Terms and Conditions, including any attachments, with reasonable notice. Orders received beforehand will be processed according to the then still valid old General Terms and Conditions. We retain all property and copyright to all submitted documents.
2. Offer and Prices
Our offers are non-binding. Price changes and errors reserved. Minor deviations and technical changes compared to our images or descriptions are possible.
3. Orders
We gladly accept orders via our web shop. Those who, for internal reasons (as confirmation), also place an order in writing, please clearly indicate the "prior telephone order/prior fax order" in a prominent place. Otherwise, we would have to treat this order as a separate order in our processing and insist on its fulfillment if the goods have already been delivered. For cancelled orders, the customer will be charged for the costs incurred.
4. Postage costs and surcharge for small quantities
We do not charge a small order surcharge for small orders. Our postage costs are made up as follows:
Order value up to CHF 50.-: Postage CHF 8.00
Free shipping on orders over CHF 50.
5. Delivery deadlines
Delivery deadlines are non-binding unless a fixed date has been explicitly agreed upon in writing. In any case, the buyer grants ComputerWorks a grace period of 4 weeks, excluding any claims for damages by the buyer. If it appears advantageous and economically sensible for efficient processing, we will make partial deliveries. This is particularly the case if the delivery times of different products vary significantly, so that the buyer receives the ordered goods as quickly as possible (partial deliveries will be delivered postage-free if caused by us).
6. Transportation
The risk passes to the buyer upon handover of the ordered goods to the carrier (post, SBB, freight forwarder). The goods must be checked for their integrity upon receipt. In the event of transport damage, the recipient of the goods must immediately lodge a corresponding reservation with the transport company and inform us in writing of the damage. This also applies if the packaging of the goods shows no external damage.
9. Warranty
Instead of a warranty according to Art. 197 ff. OR, the goods are delivered with a manufacturer's warranty. ComputerWorks grants the buyer a warranty period of 2 years on all products. During the warranty period, defects that are not attributable to the buyer will be repaired or replaced free of charge by ComputerWorks at its own discretion, provided that the buyer ships them to ComputerWorks' company address at their own expense. If a component of a device is replaced, the warranty on the goods remains unaffected; in particular, it is not interrupted, does not restart, and is not extended. Any further liability of ComputerWorks and its vicarious agents, in particular for indirect and direct damage, as well as changes and reductions, is excluded. Furthermore, ComputerWorks declines all liability for data destruction and/or loss during the rectification of defects. Warranty assurances from manufacturers (warranty cards included with the goods, etc.) do not create any claim of the buyer against ComputerWorks.
10. Return/Exchange
All products ordered from us are neither cancellable nor returnable. A product may only be returned if this has been expressly confirmed beforehand and documented in writing on the delivery note/invoice, including the time limit for returns after purchase. Products that are no longer in their original packaging, are damaged, or are returned incomplete cannot be accepted. The costs of return shipping are the responsibility of the buyer and are at their own risk.
11. Payment terms
The payment deadline is generally 10 days net from receipt of the invoice for companies registered in the HR (German Commercial Register). Individual agreements remain reserved. After the payment deadline, the buyer is automatically in default. In case of default, ComputerWorks reserves the right to invoice the resulting reminder and collection fees.
12. Resignation
If the buyer's creditworthiness changes after the conclusion of the contract or if the payment terms are not met, ComputerWorks is entitled, even if special payment terms have been agreed upon, to demand immediate payment, to withdraw from the contract in whole or in part, and/or to make delivery dependent on advance payment and to demand the return of goods already delivered, without prejudice to further claims for damages. All costs incurred by ComputerWorks in connection with this procedure shall be borne by the buyer. In the event of withdrawal from the contract, ComputerWorks reserves the right to immediately demand the return of the delivered equipment (Art. 214 para. 3 OR).
13. Retention of Title
Until full payment of the purchase price, the goods remain the property of ComputerWorks. It is entitled at any time to have the retention of title entered in the relevant register and, in the event of default in payment, to withdraw from the contract and immediately demand the return of the delivered goods (Art. 214 para. 3 OR). The buyer expressly agrees to allow ComputerWorks to make this entry.
14. Withholding of the purchase price and settlement
The assertion of warranty claims does not entitle the buyer to withhold the purchase price. Set-off by the buyer is excluded.
15. Exclusion
Any differing general and/or contractual terms and conditions shall only apply if they are acknowledged in writing by ComputerWorks. If differing terms and conditions are stated in the order, they shall not bind ComputerWorks without its express written acknowledgement.
16. Place of Jurisdiction
The exclusive place of jurisdiction is Basel. Swiss law shall apply.