1.1 Within the framework of these general terms and conditions of purchase, the terms “clientele“, “customer“ and “purchaser“ have the same meaning and mean any person, either a natural or a legal person, who visits and/or uses the www.prodimex.ch’ website.
1.2 The “order“ means the offer to buy, which is the offer from the client to Prodimex SA to order the products and/or the services of Prodimex SA.
1.3 The abbreviation “CO“ means “The Swiss Code of Obligations of 30 March 1911“ in its version in effect at the time of the publication of these general terms and conditions.
1.4 The abbreviations “art. “ and “al. “ mean “article” and “paragraph“ respectively.
2.1 These general terms and conditions apply to each purchase of products or services from Prodimex SA’ s website www.prodimex.ch , and govern the contractual relations between Prodimex SA and its clientele within the framework of the Swiss legal system of a “vente à distance” of computer products and articles using this electronic medium. These general terms and conditions form an integral part to the contract that binds Prodimex SA with each of its customers and determine Prodimex SA’s entire obligations towards its clientele.
2.2 The field of application is neither “vente à l’essai“(art. 223 and following articlesCO) nor “vente avec paiements préalables” (art. 227a and following articlesCO).
2.3 In case of DISAGREEMENT with these general terms and conditions, our clientele is requested not to use the www.prodimex.ch ’ website and is requested to contact Prodimex SA for the conclusion of a specific written contract.
2.4 Without prior and written permission from Prodimex SA, the legal relation that binds Prodimex SA to the client remains governed by these general terms and conditions.
3.1 The customer states that he/she has read and understood the entire contents of these general terms and conditions, which form a single entity, and that he/she is not under guardianship.
3.2 For any order that has been made from our website www.prodimex.ch , the customer states moreover having freely agreed to the entire contents of these general terms and conditions.
4.1 Any order has to be made electronically, from our website www.prodimex.ch , in writing or by email.
4.2 The offer to purchase takes place at the moment the customer clicks on the option « confirmation of order» on the webpage concerned. By ordering, the customer binds himself/herself and makes to Prodimex SA an offer to purchase the product/s that he/she has priorly selectedon the website www.prodimex.ch .Prodimex SA reserves the right to accept or to refuse this offer, without having to communicate the reason(s) concerned.
4.3 The confirmation of the order and any possible appendix of it enumerate the entire list of goods to be sent (price and specifications) and services from Prodimex SA.
4.4 The contract is concluded when the customer receivesthe confirmation from Prodimex SA that states that Prodimex SA has agreed to the order (confirmation of order).
4.5 The customer alone has the responsibility to ensure that he/she has received the confirmation of his order. In case of absence of confirmation from Prodimex SA for the order, it is the customer’s responsibility to contact Prodimex SA to ensure that the order has been registered and agreed.
5.1 All information of any kind, notably all technical information or images on the website www.prodimex.ch are not included in the contract and do not engage the responsibility of Prodimex SA.
5.2 This information, as well as the links on the website www.prodimex.ch , are only indicatives and may not correspond to the manufacturer’s data. Prodimex SA does not certify as to their exactness and does give any assurance concerning them. Our clientele should refer directly to the manufacturer himself.
5.3 Are only considered as “promised qualities” those that have been expressly described as such in the confirmation of order accompanying the merchandise delivered.
5.4 Prodimex SA reserves the right to modify at any time the website www.prodimex.ch in order to improve it, notably its appearance.
6.1 Prodimex SA commits itself to dispatch to the client, the product(s) that has (have) been ordered, within the limits of these general terms and conditions. The sending of products means only their dispatch from Prodimex SA.
6.2 The place of execution of the contractis located atProdimex SA’ s registered office.
6.3 Prodimex SA dispatches its products only in Switzerland and in Liechtenstein.
6.4 For safety reasons, no dispatch ismade to any address with a post-office box.
6.5 The delivery of the product/s that has/have been ordered will be made, at the own client’s expense and risk, by any transport’s firm such as, principally but not exclusively, the “Swiss Post”; transport will be made to the place that has been indicated by the customer in his order.
6.6 The transport to the place of the delivery is exclusively governed by the general terms and conditions of the third party to whom Prodimex SA has given the goods that have been ordered.
6.7 Once the goods that have been sent, the transport firm alone is responsible for delivering the goods.
6.8 In case of problems resulting from the transport, the customer should send, without delay and by registered mail with ”accusé de réception”, his/her reservations and give in written reasons for his/her complaint.
7.1 The customer must verify immediately, on receipt of the merchandise, the conformity of the goods with what has been ordered.
7.2 The customer has however a period of three days maximum (the two days of the weekend included) from the day of the delivery of the product (this day being counted as the first day) to report to Prodimex SA any possible error in the dispatch.
7.3 If there is an error imputable to Prodimex SA, the charges relating to the sending to the customer of goods that are in conformity with those ordered are borne by Prodimex SA.
8.1 Except for the cases of errors in the delivery imputable to Prodimex SA or in case of guarantee under these general terms and conditions, no right exists for the customer to return merchandise ordered.
9.1 Every return of merchandise must imperatively be carried out with the return application form on the site www.prodimex.ch , duly completed. In case of Prodimex SA’ s acceptance of the request, the customer will then receive from Prodimex SA a RMA number that must imperativelybe joined to the returned merchandise.
9.2 Any returned parcel with no RMA number and that does not respect the prescriptions of these general terms and conditions will be refused.
9.3 All of the products that are under an RMA agreement musthave been properly packed and returned within the period of five days(weekends and official holidays included) from the day of the delivery.
9.4 In case of return of merchandise, and so long as this return has been agreed by Prodimex SA, the replacement of it by another identical product is the general rule, and the reimbursement of the price (by a credit note valid 1 year) is the exception..
9.5 In the case of allreturned merchandise to Prodimex SA, the return will only be agreed if each of these returned items has been fully returned and returned in such way that it can be resold, this means kept sealed, accompanied its entire packaging and with all of its eventual accessories.
9.6 Every returned item of merchandise will be checked and tested by Prodimex SA’ s technical service.
9.7 Except the cases of errors in the dispatch that are imputable to Prodimex SA (see art. 7 above) and of guarantee under these general terms and conditions (see art. 10 below), any return can be subject to charges to cover costs.
10.1 Prodimex SA guarantees that at the moment of the dispatch, the purchased products correspond to the contractual specifications agreed.
10.2 It is the client’s sole responsibility to inform himself/herself of the manufacturers’ guarantees.
10.3 Unless otherwise mentioned, and on condition that no different manufacturer’s guarantee exists (the manufacturer’s guarantee has priority over Prodimex SA’s guarantee), Prodimex SA guarantees subsidiarily its products during a period of two years.
10.4 The guarantee of Prodimex SA consists exclusively of the exchange of goods or their repair.
10.5 Any return of merchandise in view of its replacement because a possible defect and that has been declared non defective by Prodimex SA’ s technical service results in handling chargesof CHF 15.-- plus checking charges of our technical service. This merchandise is at the free disposal of the customer, inside Prodimex SA’ s premises, for removal at the customer’s expense.
10.6 In case of defect, the customer agrees to accept the facts and the conclusions stated by Prodimex SA’ s technical service.
10.7 Any defect that has been found must be immediately reported by the customer to Prodimex SA so long as this defect is under the guarantee of these general terms and conditions.
10.8 When purchasing several products, their eventual defect(s), their replacement or the impossibility of dispatching them do not invalidate the sales contract in its entirety. Prodimex SA manages the order of each product in an independent way, one product being handled independently from the other.
10.9 The customer enjoys in any case the legal guarantee on eviction (art. 192
and following articles CO).
11.1 Prodimex SA is not liable for any defects that the customer was aware of at the time of his/her purchase (art. 200 CO).
11.2 Prodimex SA is not liable of any eventual non observance, by the firm in charge of the transport or by any third party of any merchandise delivery deadlines.
11.3 Any guarantee is excluded if the purchaser or a third party makes or has made changes or inappropriate repairs,or if, in the presence of defects, the purchaser or the addressee of the defective product does not take all the measures likely to reduce the damage.
11.4 Any guarantee is also excluded in case of deterioration of the product brought about by an accident or an electrical event, an unusual or an excessiveuse of the product, or any use of it that is not in conformity with its intended use.
11.5 Prodimex SA may not be held liable for damages of any nature that can be brought about by a wrong use of the merchandise that it markets.
11.6 Prodimex SA is not liable for any eventual damage to the products it markets for damages that has been brought about byany modifications on products by their manufacturers.
11.7 Prodimex SA may not be held liable in case of total non fulfilment or partial fulfilment, of its obligations towards our clientele, caused by any event offortuitous cases or force majeure or act of God (in French: “cas fortuit”) such as, notably, flood, fire, earthquake, war, problems that affect our suppliers, exchange rates fluctuations, administrative or judicial decisions, natural disasters.
11.8 Prodimex SA has moreover no obligation to repair the eventual related damages such as notably the costs of travel, the loss of profits, the loss of data or the alteration of data of any nature and on any medium, the costs created by the impossibility of using the product concerned.
11.9 Prodimex SA’ s liability is limited in any case to the amount of the order and cannot be engaged for errors or omissions that could have beenexisted on the site www.prodimex.ch despite all the precautions taken in the presentation of the products.
11.10 All restrictions or exclusions underthese general terms and conditions, of Prodimex SA’ s civil liability (or of Prodimex SA’ s affiliates liability) towards our clientele is however ineffective in case of fraud (in French: “dol”) or serious offence (in French: “faute grave”), or when it is contravenes provisions of imperative law.
12.1 The guarantee of all the products sold by Prodimex SA is the one of the manufacturer, the guarantee of software being the guarantee of the editor.
12.2 Any product considered as “software“ or “consumable“ cannot be returned if its package has been opened, if the product has been unpacked or if the product has been used.
12.3 Prodimex SA does not give any guarantee as regards any eventual incompatibilitybetween the purchased product and our client’ssystemor between the purchased product and other components. This latter is consequently requested to ensure with the product’s manufacturer, before placing any orders on our site, that there is compatibility between the product and his own system or the system of the third person to whom the purchase is intended. Our client is also requested first to make sure that his « bus/slot/port » is appropriate for the item to be purchased.
12.4 In case of return of merchandise for cause of defect, the duration of the checking of the product and, if need be, its repair, may vary from several weeksto several months and it (the duration) is never guaranteed by Prodimex SA.
12.5 During the timerequired for the checking and the repair of the returned merchandise, no substitute equipmentis provided and Prodimex SA does not assume in any manner the costs and charges of any eventual renting of such substitute equipment.
12.6 Any repair caused by a wrong configuration or by an incompatibility between various elements, that is to say generally speaking, any repair caused by the appearance of a problem in the setting up or in the use of products that have been purchased is not included in the guarantee and is charged in full to our clientele.
12.7 Once Prodimex SA has agreed that a product, under guarantee, will be returned to it for exchange, the average normal period for replacing this product is within thirty working days from the day when Prodimex SA has received this merchandise in return. The respect of that period is however not guaranteed because it may vary according to the availability of the replacement merchandise. Prodimex SA is on this point dependent up on the prior obtaining of the agreement that the guarantee has been given by Prodimex SA’ s supplier before any exchange to be made by our firm.
12.8 Any product that has been returned and the exchange of which has been agreed under guarantee by Prodimex SA becomes the exclusive property of the latter.
13.1 Our price is composed of the products’ sale price that is listed on our site www.prodimex.ch , which means the basic price, when the merchandise leaves our store, in Swiss francs, and without any deduction of any kind. Our prices are moreover increased with all the ancillary costs, such as for instance the forwarding charges, as well as all other taxes, fees and other relevant charges related to the contract.
13.2 Before making any order, the customer is requested to contact Prodimex SA for all the information regarding these charges.
13.3 Only the price mentioned on the confirmation of order is deemed authenticand this even in the case of price fluctuations between the time of the order and the time of the delivery.
13.4 The basic price of each of our products includes the value-added tax (VAT) details of which are mentioned separately. The VAT’s rate is the one inforce on the date mentioned on the confirmation of order. Any eventual variation in the VAT’s rate is immediately included in our prices.
14.1 The modes of payment agreed by Prodimex SA are exclusively those mentioned on the site www.prodimex.ch .
14.2 The payment has to be made immediately. A deadline may however be granted but only on the conditionof having first obtained the express and written agreement of Prodimex SA.
14.3 In case of formal notice (in French : “la demeure” / ”le retard”) in the customer’s payment, Prodimex SA reserves the right to claim the payment of interest on arrears up to 5% of the total amountthat is due in capital as well as the recovery costs. Prodimex SA reserves also the right to defer unilaterally any dispatch, even though the customer has already received a confirmation of order.
14.4 In case of non payment or partial payment of the merchandise, Prodimex SA reserves the right to recover by starting any necessary legal proceedings.
15.1 Any checking of material, any reinstallation of software or any other services of Prodimex SA that are not part of the guarantee are made on a basis of a written estimate and charged according to an hourly rate available at our technical service.
15.2 Only written estimates are valid and their validity is limited to the duration which is mentionedin the estimate. Otherwise, their period of validity is three days maximum from the date of the estimate.
16.1 Prodimex SA holds the exclusive property rights of each dispatched product until the receipt of the payment of the entire price, including the incidental expenses.
16.2 During an immobilization of the merchandise at the customer’s premises, the latter must take part, at his own expense and risk, in all measures necessary to ensure the protection of the property of hisrightful owner.
17.1 In its relationship with Prodimex SA and its employees, our clientele is requested to act in a courteous and diligent manner. Clients must notably cooperate with our staff by providing all the information necessary for the implementationof the contract and to facilitateeasy access to such information by Prodimex SA.
17.2 Moreover, each customer is notably responsible for his own choice of merchandise, for the appropriateness of it with his material and his use, as well as for his telephone costs and/or postal costs when he contacts Prodimex SA.
17.3 Our clientele is forbiddento transferthese obligations to any third party, unless a written agreement has been first obtained from Prodimex SA.
Prodimex SA reserves the right to terminate, at any time and without any compensation, the contract that binds it to its customer in case of insolvency of the latter or in case of serious and persistent defaults, by the customer, in the fulfilment of his contractual obligations.
19.1 All trademarks mentioned on the site www.prodimex.ch belong exclusively to their respective owners, and their presencein no way implies the existence of any legal relation between Prodimex SA and those owners.
19.2 The customer agrees to recognize the existence of any right of the rightful owners on all documents and all supporting material such as the plansand the technical documents passed on by Prodimex SA or mentioned on its site.
19.3 The customer commits himself not to inform third parties about the documents and the supporting material that he has received without first the written permission of therightful owner.
19.4 The customer agrees to use the documentation received solely in a manner that is in conformity with the purpose for which it has been given to him, in respect of the legislation in force and in respect of the fair practice.
20.1 To allow our clientele to make purchases from the site www.prodimex.ch , it is absolutely necessary for it to agree first to provide Prodimex SA with certain information.
20.2 Prodimex SA commitsitself to respect the provisions of the Swiss Federal Law of 19 June 1992 on the protection of personal data.
20.3 Such information communicated to Prodimex SA by its clientele is managed in a confidential way and is not communicated to third parties, except in response to a judicial order or with the customer’s agreement.
20.4 Each customer of Prodimex SA has the possibility to ask at any time (during the opening hours of Prodimex SA’ s office) for the modification or the cancellation of his/her personal data.
21.1 Any confirmation of order whosedate is prior to the date of publication of these general terms and conditions remains governed by the old version of these general terms and conditions.
21.2 These general terms and conditions apply to any confirmation of order established with our clientele, as from the date of the publication of these general terms and conditions.
21.3 Subject to the implementation of Art. 21.1 above , these general terms and conditions annul and replace the preceding version of these general terms and conditions.
22.1 For any litigation concerning the validity, the execution and/or the interpretation of these general terms and conditions, the applicable tribunal is exclusively that in Geneva.
22.2 The client agrees that the contractual relation binding it to Prodimex SA under these general terms and conditions is exclusively governed by Swiss Law.
22.3 For all the situations that cannot be governed by these general terms and conditions, the Swiss Code of Obligations applies. The imperative law is reserved.
22.4 In case of a differenceof interpretation between the French version, the English version and the German version of these general terms and conditions, the French version shall be deemed the sole authentic version.
22.5 If one of the clauses of these general terms and conditions would, by judicial decision, be annulled, the rest remains legally valid.
Geneva, 14 Octobre 2019