Version 2.1 of November 2016 


 1 Area of application

These General Terms and Conditions (hereinafter referred to as the “GTCs”) shall apply to the use of the IT web shop (www.itwebshop.ch), the registration process in the IT web shop and the procurement of all products via the IT web shop. Other GTCs (e.g. customer GTCs) or regulations stipulated in existing contracts between Swisscom and the customer shall not be applicable to orders placed in the IT web shop. The customer’s contractual partner is Swisscom (Switzerland) Ltd, with its registered office in Ittigen, Alte Tiefenaustrasse 6, CH-3050 Bern (hereinafter referred to as “Swisscom”).

 

2 Registration in the IT web shop

The IT web shop is aimed exclusively at companies and organisations with their registered office in Switzerland. Registration requests shall be examined manually by Swisscom. The email sent out automatically upon completion of the registration process shall not be deemed to represent a binding registration confirmation. The customer shall authorise Swisscom to obtain information as regards its creditworthiness and similar details (e.g. commercial register excerpt) from itself or third parties. There shall be no entitlement to register in the IT web shop. It shall be at the sole discretion of Swisscom whether it accepts or – without being obligated to state reasons – rejects the registration. In general, a response to the registration request shall be issued within one working day of its receipt. If the registration request is successful, the customer shall be assigned a customer category at the discretion of Swisscom. From this time, all prices shall be visible to the customer and the customer can place orders.

Swisscom shall assume that the contact person (name and email address) specified during the registration process is entitled to legally represent the customer (apparent authority), accept these GTCs in the name of the customer and place orders for the customer. Swisscom shall be authorised – but not required – to request written confirmations from the authorised signatories stated in the commercial register excerpt at any time either on a general basis or in connection with individual orders. In the event of lacking or insufficient authorisations, the contact person specified during the registration process personally undertakes to and must indemnify Swisscom.

The registered accounts are personalised. Each company can in principle request accounts for any number of its employees, but each company email address can only be used for one account. The customer undertakes not to make the accounts accessible to any other persons and to treat the displayed prices as confidential. 

 

3 Order process and delivery

3.1 Conclusion of contract
The details in the IT web shop do not constitute a binding offer, but rather an invitation to the customer to submit an offer. Photos and images are for illustration purposes only and are not contractually binding. Following the placement of an order, the customer shall receive an order confirmation from Swisscom.  This shall not automatically lead to the conclusion of a contract. Swisscom shall review the received orders within a reasonable period. It shall be permitted to reject orders without stating reasons or to offer the customer alternative products or prices. A contract shall first be deemed to have been concluded upon provision of the order confirmation by Swisscom. The products are intended exclusively for business use by the customer. The resale of products and the placement of orders for private persons or in favour of third parties is prohibited.      

3.2 Amendments to orders
In principle, the customer shall not be entitled to amend or cancel an order after completing the order process. Should Swisscom, however, accept such change requests, it shall be authorised to charge the customer for any costs it incurs vis-à-vis suppliers and an administration fee of CHF 60 per order. This shall not apply to cases in which Swisscom initiated the respective order change. 
 
3.3 Delivery deadlines
All delivery times and deadlines indicated by Swisscom shall be deemed to represent target dates that are dependent on external suppliers. As such, they are provided on a non-binding basis and without warranty. Swisscom shall endeavour to notify the customer of any delivery delays. If the indicated delivery date is exceeded by more than 60 calendar days, the customer shall be authorised to withdraw from the contract. Swisscom shall be entitled to withdraw from the contract should it no longer appear possible for a delivery to be made by the relevant distributors within a reasonable period. In either case, any advance payments made by the customer shall be reimbursed without interest. All other claims of the customer shall be fully excluded. 

3.4 Delivery
Deliveries shall be made exclusively to a customer address in Switzerland. The delivery fees are included in the purchase price. For orders for goods with a value of up to CHF 300, Swisscom shall charge a small quantity surcharge of CHF 15.
 

4 Inspection, right of return, warranty

4.1 Inspection obligation/dead on arrival
Externally visible damage to delivered products must be indicated/reported to Swisscom (in accordance with the contact details on the delivery slip) immediately upon receipt of the respective goods, i.e. on the same day. Otherwise, any claims within the framework of a possible transport insurance policy shall be forfeited. Other obvious defects to the delivered products must be reported to Swisscom (in accordance with the contact details on the delivery slip) within five days of the goods being received. The delivery/products shall otherwise be deemed to have been accepted.

4.2 Right of return and incorrect deliveries
In principle, there shall be no right of return for products delivered in accordance with the relevant contract. Should Swisscom approve the return of a product, however, it shall be authorised to charge the customer the shipping costs for the delivery as well as an administration fee of CHF 50. In such cases, the product must be delivered in its unopened original packaging by the customer at their own cost and risk to the address provided in advance by Swisscom within five working days. It shall under no circumstances be possible to return any software, care packs, projectors, overhead projectors, documents or articles that have been specially procured or produced at the customer’s request. 
The procedure described above shall also apply to incorrect deliveries confirmed by Swisscom. In cases such as this, Swisscom shall assume the delivery costs. 

4.3 Warranty
The terms and conditions of the respective supplier/manufacturer shall be decisive as regards any warranty and guarantee. They shall apply directly to the customer. Swisscom shall provide no warranty to the extent permitted by law. In the event of a defect, it shall support the customer in handling the repair work or exchange of the respective product by providing the customer with RMA forms and/or the relevant contact addresses of the manufacturer or service partner. The customer shall have no other claims against Swisscom.
The customer undertakes to comply with the terms and conditions of use of the respective products, including the provisions as regards safety requirements, the operating environment, etc.

 

5 Payment  

5.1 Prices and payment conditionsIn principle, all prices listed in all Swisscom offers and contracts shall be stated net in Swiss francs (CHF) excluding discount deductions, discounts and VAT – unless explicitly declared otherwise on the order confirmation. Public fees and duties may also be incurred. These must be borne by the customer.
In general, deliveries shall be made against invoice. The invoice must be paid by the customer within 30 days of it being issued (invoice date). In all cases, however, Swisscom shall be authorised at its own discretion to demand the advance payment of part or all of the order value and to make subsequent deliveries dependent on the payment of all open invoices. If the 30-day payment deadline is exceeded, the customer shall be deemed to be in default of payment without further ado (i.e. without the issuing of a reminder) and from this time shall owe Swisscom default interest in accordance with the statutory provisions. A sum of CHF 30 can be billed to the customer for each payment request. 

5.2 Reservation of ownership
Prior to receipt of the full purchase price from the customer, the goods shall remain the property of Swisscom or the relevant supplier. The goods may neither be pledged nor assigned as collateral by the customer. Swisscom or the relevant supplier can have the delivered goods entered in the reservation of ownership register at the customer’s place of business/residence at any time. The customer shall be deemed fully liable for any damages suffered by Swisscom or the relevant supplier due to the fact that they are unable to reclaim goods that have not yet been fully paid for from the possession or ownership of the customer.

5.3 Offsetting
The offsetting of customer claims against Swisscom shall only be permitted with the written consent of Swisscom.

 

6 Data protection and the involvement of third parties

When handling data exchanged via the web shop, Swisscom shall adhere to the applicable legislation, in particular the Data Protection Act. 
In providing its services, Swisscom shall also store and process personal data belonging to web shop users that is disclosed during the registration process, when placing an order or in completing forms. It shall also store and process information on the use of services and functions in the IT web shop. These details may include the time, duration and frequency of use, the name of the accessed page, the IP address and operating system of the user’s computer or mobile end device, the contents of the user’s shopping basket, the selected contents and the manner in which services are used. 

This data shall be processed by Swisscom to ensure the operation and further development of the web shop. As part of these processing activities, the data shall be analysed and assessed in order to allow for the Business Center to be structured in a more user-friendly and efficient manner, to maintain customer relationships and to provide customers with tailored recommendations and offers or display these in the web shop. 

To enable it to provide and operate the web shop and to fulfil its services, Swisscom shall be entitled to call on auxiliaries and third parties (in particular subcontractors) in Switzerland and abroad and/or engage employees of these auxiliaries and third parties. Here, data exchanged via the web shop may in some cases be viewed by these companies and be processed as earmarked in accordance with the objective of the cooperation.  When transmitting data to third parties, in particular those based abroad, Swisscom shall also adhere to the relevant provisions stipulated in the Swiss Data Protection Act. 

The customer acknowledges that upon accessing the web shop via the Internet, data (including in encrypted form) shall be transmitted across borders on a regular and uncontrolled basis. This shall also apply to instances in which the web shop is accessed from Switzerland. 

The customer acknowledges and accepts that Swisscom shall collect, store and process log files. These files are required for the provision of services as well as for the handling and maintenance of customer relationships, namely as regards ensuring a high level of service quality.

Swisscom may use cookies, tracking tools and analysis tools of third-party providers in the web shop. The data collected through the use of these technologies and tools shall be transmitted to the servers of the third-party providers, which, depending on the respective provider, may also be located abroad. When transmitting this data, the respective IP addresses shall be shortened, preventing the identification of individual end devices. 

The deployed cookies, tracking tools and analysis tools can be deleted or blocked via the functions in the browser of the respective end device. However, this may mean that certain information cannot be displayed or functions cannot be used or can only be used on a limited basis. 

Links to information on the tools and technologies of such third-party providers used by Swisscom, including details on the providers, the purpose of the respective tools and other options for preventing their use, can be found on the web-shop start page under the data protection section.

 

7 Intellectual property rights

The brand names and registered trademarks mentioned on websites as well as in connection with products, documents and data are the property of Swisscom or the respective manufacturer. Swisscom hereby expressly draws the customer’s attention to the fact that the illegal replication, downloading and processing of data from its Internet offer is forbidden and may result in action being taken.  The applicable licence conditions of the manufacturer or the authorised third parties shall apply directly between the customer and the licensor in connection with both software integrated within products and independent software components. The customer undertakes to accept and adhere to these conditions without reservation.
The customer shall indemnify Swisscom against any third-party claims arising from breaches of intellectual property rights and shall take on any legal disputes with the third party upon first request by Swisscom. 

 

8 Liability

Swisscom shall accept full liability for personal injuries caused intentionally or suffered as a result of gross negligence unless it can demonstrate that it was not at fault. In all other cases, Swisscom shall accept no liability to the extent permitted by law. Swisscom shall not bear any liability for indirect or consequential damages under any circumstances (in particular data and reputational losses, loss of profits and third-party claims).
Swisscom points out that the use, viewing and forwarding of data from its Internet offer is voluntary and takes place at the customer’s own risk. Neither Swisscom nor the third-party companies or its auxiliaries working on Swisscom’s behalf shall provide any guarantee as to the accuracy or completeness of the information contained in the IT web shop or the maintenance of confidentiality in connection with the transporting of data via the Internet. Swisscom shall accept no liability for errors relating to the IT web shop or Internet (e.g. data loss, virus attack) or for any misuse by third parties. 

 

9 Final provisions

9.1 Expiry of Swisscom’s performance obligation
If the customer becomes insolvent or is unable to meet its payment obligations and/or if insolvency proceedings are initiated against the customer, Swisscom's obligation to perform shall cease to apply, irrespective of the relevant stage of service fulfilment. Swisscom can decide how and whether it wishes to continue the provision of the contractual service. Any obligation to perform on the part of Swisscom shall likewise cease to apply if the conduct of the customer suggests that it will not comply with its contractual obligations. 

9.2 Severability clause
Should a provision of these GTCs prove to be void or invalid, this shall not affect the remaining provisions or the existence of the purchase contract. These provisions shall remain unchanged and retain their validity. The void provision is to be supplemented in such a way that the meaning of the contract as a whole and within its context is retained. 

9.3 Amendments, validity, place of jurisdiction, choice of law
Any agreements that deviate from these GTCs shall require the written form and the approval of both parties. They shall only be deemed applicable if explicit reference is made to these GTCs. Zurich shall be agreed as the exclusive place of jurisdiction for any disputes arising from or in connection with this contractual relationship between the parties, i.e. the legal relationship resulting from the individual and basic contracts including these GTCs. The parties reserve the right to serve third-party notices against the other party at the court presiding over the main proceedings, but only if this court is based in Switzerland.