§ 1 Validity of the conditions
www.jmc-systems.ch is an internet platform of the company JMC Systems GmbH from Nottwil.
Sales, invoicing, warranty processing, business conditions, etc. are thus all based on the company JMC Systems GmbH registered in the Swiss Commercial Register.
The deliveries, services and offers of JMC Systems GmbH are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. By ordering the goods or services, these conditions are considered accepted. Deviations from these terms and conditions are only effective if we confirm them in writing.
§ 2 Offer and conclusion of contract
The information in our sales documents, advertisements and in the online shop (drawings, illustrations, delivery dates, mass, weights, specifications and other services) are automatically transmitted / integrated data of the respective Swiss importers and may differ in very rare cases. The pictures are to be understood as hints and may deviate from the actual product. The information is therefore not binding, unless they are expressly described in writing as binding. The automatically generated email of the online shop, after the order does not constitute such a written, binding confirmation or contractual agreement. The email, which you automatically receive after successful order is an order confirmation and should be printed out for any further questions from the customer and stored , After receiving the order, JMC Systems GmbH checks the address, prices, articles, payment and keeps the customers up to date with further emails (status changes) concerning the collection, shipping or other processes. In case of any misrepresentations in the shop and the resulting shipping problems, JMC Systems GmbH, depending on its importance, will contact the customer directly by phone or email. Information on delivery dates and shifts can be viewed by the customer directly in the shop for each article - there are no recurring information such as residues. Date shifts sent to customers.
JMC Systems GmbH does not buy goods directly abroad (no own import) - only products from Swiss distributors and importers are distributed.
§ 3 prices
Decisive are the prices stated in our order confirmation or invoice. Prices in the shop and automatic order confirmation may differ in very rare exceptional cases or be given incorrectly, as these are automatically integrated and calculated. If this is the case with an ordered article, the customer will be contacted by us and the further procedure agreed. - Cancellation / money back is then of course possible in such a case without further notice.
The prices in the shop are net including SWICO and VAT, but unless otherwise agreed, plus transport costs and packaging. These (postage costs) are automatically calculated on the basis of the weight and displayed before the order is sent.
§ 4 delivery and service time
Dates and delivery times are not binding, unless otherwise agreed in writing. The specification of specific delivery times and delivery dates by JMC Systems GmbH is subject to the correct and timely delivery of JMC Systems GmbH by suppliers, distributors and importers.
The delivery time for prepayment orders is approx. 1-3 working days after receipt of payment or after the confirmation of the cover with credit card payment. Provided the goods are available immediately.
The delivery time for orders against invoice is about 1-3 working days. Provided the goods are available immediately.
The delivery time for orders by cash on delivery is about 2-5 working days. Provided the goods are available immediately.
In the case of not accepted COD deliveries, the resulting shipping costs will be charged.
§ 5 Acceptance delay
If the buyer refuses to accept the delivery items after an order has expired or an expiry of a grace period granted to him, JMC Systems GmbH can refuse the fulfillment of the contract and the costs for non-fulfillment in the amount of the damage actually incurred by the buyer to promote.
§ 6 delivery
Visible differences in quantity must be reported in writing to JMC Systems GmbH and the carrier immediately upon receipt of goods, hidden differences in quantity within 2 days after receipt of the goods. Complaints regarding damage, delay, loss or bad packaging must be reported immediately after receipt of the consignment. Transport damage must be reported immediately, immediately after the arrival of the post office, DHL or the respective courier.
§ 7 Transfer of risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible without our fault, the risk passes to the buyer with the notification of readiness for shipment. An agreed assumption of transport costs by JMC Systems GmbH has no influence on the transfer of risk.
§ 8 Warranty
The goods must be checked immediately upon receipt for transport damage. In the event of damage in transit, you must immediately contact the respective delivery service, which has delivered the delivery. Incorrectly ordered or incorrectly delivered goods must be notified within 3 days of receipt and returned immediately unopened.
As part of the manufacturer's warranty, JMC Systems GmbH guarantees that the products are free of manufacturing and material defects. The warranty in accordance with the following provisions is at least 1 year, unless expressly agreed otherwise in writing or guaranteed by the manufacturer.
The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes made, parts replaced or consumables used that are not in accordance with the original specifications, then no warranty, as far as the defect is attributable to it. This also applies, as far as the defect is due to improper use, storage and handling of the equipment, or foreign intervention and the opening of equipment. Insignificant deviations from warranted characteristics of the goods do not give rise to any warranty rights.
A liability for normal wear and tear is excluded.
Warranty claims against JMC Systems GmbH are only available to the direct buyer and are not assignable.
We do not guarantee software installations on pre-installed PCs, notebooks etc. No warranty claims can be asserted for software errors or malfunctions.
Guarantee grants JMC Systems GmbH only insofar as they are subsequently taken over by the supplier or manufacturer. If the manufacturer or supplier of JMC Systems GmbH does not recognize an article as a guarantee, JMC Systems GmbH will not provide any services under warranty.
Unless otherwise agreed, the defective parts / devices are replaced or repaired by equivalent ones.
There is no right of recovery of the purchase price by Buyer through a warranty claim, provided the equipment is repaired by the manufacturer free of charge or replaced by equivalent.
There is no right to claim damages resulting from the use of the defective product.
§ 9 Returns / Returns
For repairs or warranties, we require that the defective part or device with enclosed error description and a copy of the invoice, with which the device was delivered, sent to JMC Systems GmbH for repair, warranty or sent. Deliverycosts has to be paid by costomer. The replacement of parts, assemblies or entire devices no new warranty periods come into force. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When returning the equipment to be repaired, the purchaser must ensure that the data on it are backed up with copies, as these can be lost during repair work. Guarantee grants JMC Systems GmbH only insofar as it can be passed on to the respective manufacturer or supplier of JMC Systems GmbH.
Incorrectly ordered goods must be returned within 2 days in unopened original packaging. Please also let us know by email immediately if you have sent something back. We have the importer a massive time pressure to be able to return things - officially there is no right of return in Switzerland. (only for phone and door sales)
In the case of non-accepted COD deliveries, a fee of at least 45.- or the amount of the damage / expense incurred will be charged.
As long as an item is in arrears and delivery has not yet taken place, the order can be canceled at any time. Without fees. Already paid orders / items are then fully refunded. For payments by credit card or Postfinance interface, the amount is always debited immediately - even if the item is in arrears. We have no influence on the time of the debit because the payment process takes place directly encrypted at Telekurs or Postfinance.
§ 10 Retention of title
The delivered goods remain the property of JMC Systems GmbH until full payment.
§ 11 payment
Depending on the agreement, the invoices are payable in advance, cash on delivery or in cash, unless otherwise agreed. The delivery is basically unfree, i. at the expense of the buyer by parcel post, freight forwarder or own vehicle, unless otherwise agreed.
A payment is deemed to be made only when we can dispose of the amount. Checks are not accepted.
If the buyer is in default, we are entitled to charge interest at the rate of 10% from the relevant date. During the period of the delay, JMC Systems GmbH is also entitled at any time to withdraw from the contract, to reclaim the delivered goods and to demand compensation for the forfeiture of the contract.
All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances which are likely to reduce the customer's creditworthiness, in particular cessation of payments, pending settlement or bankruptcy proceedings. In these cases, we are entitled to retain any outstanding deliveries or to execute them only against advance payment or securities.
§ 12 Limitation of Liability
Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort, are excluded both against us, and against our vicarious agents, unless intentional or grossly negligent action. Every liability, as far as legally possible, is rejected. Any liability for consequential damage resulting from the use of the products is rejected.
§ 13 Copyright / Software Warranty
As far as software is included in the scope of delivery, this will be left to the buyer solely for one-off resale or for his own use, i. he may neither copy these nor leave them for use by others. Software is excluded from all warranty terms on forms. Only the provisions of the license agreement of the manufacturer apply.
§ 14 Privacy
§ 15 Jurisdiction
Zug is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
Before calling the judge, we would like to point out, in mutual interest, to seek each other for a mutually agreed solution to any disputes.
JMC Systems GmbH
Changes and adjustments reserved at any time