1st introduction
By placing your order you accept the General Terms and Conditions (the "Terms and Conditions") of MOCHIL. Products are offered and sold on the online platform to clients domiciled in Switzerland and Liechtenstein.
These general terms and conditions apply to the use of the MOCHIL online platform and regulate all legal relationships arising from this use.
2nd registration
Each order must include a valid e-mail address, official first and last name, date of birth, telephone number, billing address and delivery address. All information must be true and complete.
Personal access data are to be treated confidentially by the customers, insight into the complete data is only possible for a limited number of authorized persons and will only be disclosed to third parties upon presentation of a power of attorney or in connection with an official investigation. MOCHIL cannot be held liable for any damage resulting from misuse or unauthorised disclosure of access data.
MOCHIL is not obliged to keep the online platform permanently available. Disruptions to the online platform are prohibited. Manipulation for the purpose of obtaining unauthorised payments or other advantages to the detriment of MOCHIL may lead to legal consequences.
In social networks such as Facebook, Twitter, LinkedIn, Instagram, etc. MOCHIL may review customer comments and delete them at any time without giving reasons.
A violation of these terms and conditions (including the privacy policy) may result in the loss of access to the online platform.
3. offers of the online platform
3.1 Addressees of the offer
The offers of the online platform are basically directed at clients capable of acting and companies with their (residential) domicile in Switzerland and Liechtenstein. Customers under 18 years of age or persons who are not fully capable of acting confirm to MOCHIL with each order that they have the consent of their legal representative for the corresponding purchase.
3.2 Product information
MOCHIL makes every effort to provide high quality product information.
MOCHIL has the exclusive right of use of all product information (e.g. descriptions, images, photos, texts, etc.). Product information (in particular information on availability) is however without guarantee. Likewise, no liability is assumed for the contents of external websites and linked online shops.
4. order and conclusion of contract
The binding order of products takes place via the marketplace or by clicking the button "Order". After submitting the order, the customer will receive a confirmation of receipt of the order (the "Order Confirmation").
The conclusion of the contract between the seller and the customer takes place with the transmission of the order confirmation.
If it is determined after the order confirmation that a product is not available or a service cannot be provided, the seller may cancel the corresponding order in whole or in part or withdraw from the contract. In this case the customer has no claim to delivery of the ordered goods or provision of the corresponding service.
5. delivery of the products
5.1 Types and places of delivery
The delivery and shipping methods specified on the online platform apply. MOCHIL is entitled to make partial deliveries.
Products are delivered to postal addresses in Switzerland and Liechtenstein.
5.2 Delivery periods and dates
The delivery time stated in the offer or in the order confirmation is only an approximate value and is not binding. In case of a longer delay the customer will be informed.
The delivery time shall be extended appropriately in the event of circumstances that impair delivery due to force majeure or comparable effects.
5.3 Inspection of the products by the customer
The customer undertakes to immediately check the delivered/collected goods for correctness, completeness and intactness. Any damage to the delivered/collected goods must be reported to MOCHIL as soon as possible, but no later than seven calendar days after delivery/collection.
6. warranty for defects
The warranty period is 24 months, starting from delivery of the goods to the buyer. In warranty cases, the products must be submitted directly to MOCHIL.
Defects that become apparent later, i.e. during the warranty period, must be reported immediately after they are discovered, provided that they can be proven to be caused by poor material or faulty manufacture. If any defects are not reported in good time, the warranty rights shall lapse.
The customer acknowledges that the warranty provisions generally only provide for a right to rectification (repair) or replacement (replacement delivery), unless there are reasons for exclusion. The customer is not entitled to compensation for damages or compensation for the work involved. The decision as to how the defect is to be remedied lies with the seller. For the duration of the repair or the time until delivery of a replacement product, there is no entitlement to a free replacement product. The defective product or the replaced parts become the property of MOCHIL.
If it is determined that the product has no defects or these are not covered by the warranty, the return shipment will be at the expense and risk of the customer. Furthermore, a compensation for the loss of activity can be levied.
7. return of products
The product must be packed by the customer for return in a transport-safe manner. A product must be returned with all accessories. The return shipment is at the expense and risk of the customer. The decision on a (partial) refund of the purchase price as a result of a return is at MOCHIL's discretion after a thorough examination of the returned goods. Shipping costs (e.g. A Mail, Same Day, etc.) are not refundable. In all other respects the following regulation applies to returns:
7.1 Procedure for defective products
The customer may claim a defect in the product, provided there are no reasons for exclusion. MOCHIL will accept the relevant communications from customers. Reasons for exclusion may include, in particular, damage caused by natural forces, moisture damage, impact or fall damage, natural wear and tear, incorrect manipulation, damage caused by external influences, improper handling, use of third-party spare parts, repairs not carried out by MOCHIL, as well as intervention in the product or its modification.
Defective products will not be collected, unless otherwise noted. The customer must send the defective product to the respective seller at his own expense and risk. The products must be returned with all accessories in their original packaging, together with the guarantee certificate. If the original packaging is missing, the product must be packaged for transport.
Returned products sent to the wrong address, or whose return was not agreed and/or whose packaging was defective or where accessories are missing, may be returned by MOCHIL to the customer. A compensation for loss of activity can be claimed.
8. product colours
MOCHIL makes every effort to reproduce the colours of its products truthfully. It is pointed out that there may be slight colour deviations. Slight deviations are mostly caused by colour settings on the monitors and do not constitute a defect.
9. prices
The price at the time of the order applies. All prices on the online platform are in Swiss francs. Additional costs (e.g. shipping costs, packaging costs, surcharges for certain means of payment) are included in the price. Technical changes, errors and misprints are reserved.
10. payment and retention of title
10.1 Contact person for billing and payment issues
MOCHIL is the direct point of contact for billing and payment issues for customers who shop on the online platform.
10.2 Means and methods of payment
The means of payment stated on www.mochil.net are valid. MOCHIL reserves the right to obtain credit checks on customers and may pass on customer data to third parties for this purpose.
When purchasing with debit and credit cards, the charge is made at the time of the order. The data for payment via debit and credit cards is transmitted in encrypted form.
In case of scarce availability, it may happen that products with the status "in stock" are no longer immediately available until the order is placed or until delivery. In this case the seller will inform the customer about the new provisional delivery date. Any claims for damages on the part of the customers are excluded.
10.3 Retention of title
The products delivered by the sellers or collected by customers remain the property of the seller until the entire purchase price (including all surcharges) has been paid. The seller is entitled to have a corresponding reservation of title entered in the relevant reservation of title register.
11. liability
Claims for damages against MOCHIL arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded, except in cases of wilful intent or gross negligence. Liability for indirect and consequential damages resulting from use, misperformance or loss of performance is excluded.
12. data protection
12.1 Data protection declaration, customer account, collection of data
The customer's data is protected against access by unauthorized third parties. Only a limited number of authorized persons may view the complete data and this information will only be disclosed to third parties upon presentation of a power of attorney or in connection with an official investigation.
12.2 Data transfer and retention obligation
The collected data may be evaluated and used for marketing and advertising purposes. MOCHIL will keep personal data of customers for as long as is necessary or appropriate to comply with applicable laws or for as long as is necessary for the purposes for which it was collected.
13. final provisions
If any provision of these Terms and Conditions is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect. If any provision of these terms and conditions is held to be partially invalid or unenforceable, the provision shall remain in force to the extent that it is valid or enforceable.
These General Terms and Conditions may be amended at any time (e.g. in the event of changes in the law, adaptation or further development of the functionalities of the online platform or in the event of changes to the online platform or the offers made on it), whereby the current version is published at www.mochil.net. If there is a significant change, registered customers can also be made aware of the new provisions.
14. applicable law and place of jurisdiction
Swiss law is exclusively applicable. The place of jurisdiction is Zurich. The provisions of the UN Sales Convention are expressly not applicable.
Status: 07.05.2017