Terms of service

1. General

The following General Terms and Conditions apply to all contracts, deliveries, and other services. We hereby expressly object to any conflicting provisions of the contractual partner. All ancillary agreements require our written confirmation. ComputerWorks is entitled at any time to amend or supplement these General Terms and Conditions, including all possible annexes, with a reasonable period of notice. Orders received beforehand will be processed in accordance with the General Terms and Conditions still valid at that time. We reserve the proprietary and copyright rights to all documents provided.

2. Offers and Prices

Our offers are non-binding. Subject to price changes and errors. Minor deviations and technical modifications compared to our illustrations or descriptions are possible.

3. Orders

We are happy to accept orders through our web shop. Anyone who additionally places a written order for internal business reasons (as confirmation) must clearly reference the "prior telephone order/prior fax order" in a clearly visible location. Otherwise, we would have to treat this order in our processing as an independent order and, if delivery has already been made, insist on its fulfillment. In the event of order cancellations, the customer will be charged for our processing costs.

4. Postage and Minimum Order Surcharge

We do not charge a minimum order surcharge for small orders. Our postage costs are structured as follows:

Order value up to CHF 50.00: postage CHF 9.00

Order value of CHF 50.00 or more: free postage

5. Delivery Periods

Delivery dates are non-binding unless a fixed date has been expressly agreed upon in writing. In any case, the buyer grants ComputerWorks a supplementary delivery period of 4 weeks, excluding any claims for damages by the buyer. If it appears advantageous and economically reasonable for prompt processing, we will make partial deliveries. This applies in particular when the delivery times of various products differ significantly, so that the buyer receives the ordered goods as quickly as possible (partial deliveries, if caused by us, will be sent free of postage).

6. Transport

Upon handover of the ordered goods to the carrier (Post, SBB, freight forwarder), the risk passes to the buyer. The goods must be inspected for integrity upon receipt. In the event of transport damage, the recipient of the goods must immediately file a corresponding reservation with the transport company and notify us in writing of the damage. This also applies if the packaging of the goods shows no external damage.

7. Warranty

In place of a warranty pursuant to Art. 197 et seq. of the Swiss Code of Obligations, the goods are delivered with a manufacturer's warranty. ComputerWorks grants the buyer a warranty period of 2 years on all products. Defects arising during the warranty period that are not attributable to the buyer will, at ComputerWorks' discretion, be repaired or replaced free of charge, provided that the buyer ships them at their own expense to ComputerWorks' company premises. 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 agents, in particular for direct and indirect damage, as well as rescission and price reduction claims, is excluded. In addition, ComputerWorks disclaims any liability for data destruction and/or loss in connection with the remedying of defects. Warranty assurances from manufacturers (warranty cards enclosed with the goods, etc.) do not give rise to any claim by the buyer against ComputerWorks.

8. Return/Exchange

All products ordered from us are neither cancellable nor returnable. The return of a product is only permitted if this has been expressly confirmed in advance and recorded in writing on the delivery note/invoice, including a time specification stating how long the product is returnable after purchase. Products that are no longer in their original packaging, are damaged, or are returned incomplete can no longer be accepted for return. The costs of return transport shall be borne by the buyer and shipped at the buyer's own risk.

9. Payment Terms

For companies entered in the Commercial Register, the payment period is generally 10 days net from receipt of the invoice. Individual agreements remain reserved. Upon expiry of the payment period, the buyer is automatically in default. In the event of default, ComputerWorks reserves the right to invoice any reminder and collection costs incurred.

10. Withdrawal

If the buyer's creditworthiness changes after conclusion of the contract or if the payment terms are not met, ComputerWorks is entitled, at its discretion and even where special payment terms have been agreed, to demand immediate payment, withdraw from the contract in whole or in part, and/or 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 in connection with ComputerWorks' actions shall be borne by the buyer. In the event of withdrawal from the contract, ComputerWorks reserves the right to immediately reclaim the delivered devices (Art. 214 para. 3 of the Swiss Code of Obligations).

11. Retention of Title

The goods remain the property of ComputerWorks until the purchase price has been paid in full. ComputerWorks is entitled at any time to have the retention of title entered in the competent register and, in the event of default in payment, to withdraw from the contract and immediately reclaim the delivered goods (Art. 214 para. 3 of the Swiss Code of Obligations). The buyer hereby expressly consents to ComputerWorks making this entry.

12. Retention of Purchase Price and Offset

The assertion of warranty claims does not entitle the buyer to withhold the purchase price. Offset by the buyer is excluded.

13. Exclusion

Any deviating general and/or contractual terms apply only if they have been acknowledged in writing by ComputerWorks. If deviating terms are stated in the order, they shall not bind ComputerWorks without its express written acknowledgment.

14. Place of Jurisdiction

The exclusive place of jurisdiction is Basel. Swiss law applies.