1. Scope of application
You can consult our general terms and conditions of sale at any time on our MySwissApple.ch store website by clicking on the field: General terms and conditions of sale.
These general terms and conditions apply to all orders placed by any natural or legal person on the MySwissApple.ch online store and by Marmier Distribution, a sole proprietorship with its registered office in 1304 Cossonay-ville.
Upon confirmation of the order, these terms and conditions are deemed accepted by the customer.
2. Offer and conclusion of contract
By clicking on the “Place order” button, the customer places a contractual order for the goods listed on the order page. The goods and products remain our property only until the order has been paid for in full.
MyswissApple.ch confirms receipt of the order by e-mail immediately upon receipt. In the case of material goods, the contract comes into effect once the goods have been delivered.
MySwissApple.ch is not obliged to accept the registration or order of a registered customer. We are not obliged to keep our offer permanently available. Orders already confirmed are not affected by this article.
3. Languages
Website content and contracts can only be concluded in English, German or French.
4. Prices and shipping costs
The prices shown on the product page do not include statutory value-added tax or other price components (postage and packaging) and are quoted in Swiss francs (CHF). The exact shipping costs are detailed to the customer during the order process.
The goods ordered will only be delivered once the full amount of your order has been credited to our account.
In the event of non-payment, we terminate the contract, which invalidates your order and releases us from our delivery obligation. The order is then cancelled, with no consequences for either party.
Prices are not subject to any taxes or additional charges (with the exception of customs duties for deliveries abroad).
The provider reserves the right to change prices at any time. Customers pay the prices indicated on the website at the time of the order.
5. Terms of delivery
Products from the MySwissApple.ch online store are delivered within Switzerland and the EU.
Unless otherwise specified in the offer, the delivery time for Switzerland and the Principality of Liechtenstein is 2 to 4 working days (excluding Saturdays, Sundays and legally recognized public holidays). For deliveries within the EU, the delivery time is 3 to 10 working days. If a longer delivery period is necessary, the customer will be informed at the latest after the delivery period has expired. If the customer does not receive such information, he/she is entitled to refuse delivery.
However, in the event of force majeure, such as shortages of materials, strikes, intervention by the authorities and any other impediments which are not our fault or responsibility, we grant a grace period of 4 weeks, beyond which you are entitled to withdraw from the contract. No further claims (e.g. for damages) are permitted.
Our partner for deliveries is Swiss Post. The risk of loss or deterioration of the product passes immediately to the purchaser when the goods are handed over to the carrier responsible for carrying out the shipment. If all products ordered are not immediately available, MySwissApple.ch is entitled to make partial deliveries.
MySwissApple.ch is obliged to deliver items which we only have in stock or which we have received from our suppliers. Our obligation to deliver is cancelled if we are not supplied correctly by our suppliers, for whatever reason.
If the goods are completely unavailable, we will immediately refund any advance payment already made.
If delivery of the product fails through the customer’s fault despite three delivery attempts, MySwissApple is entitled to withdraw from the contract. Any payments already made will be refunded immediately.
6. Terms of payment
Customers in Switzerland can choose to pay by credit card. EU customers can also pay by credit card. We do not accept payment by invoice.
For credit card purchases, the customer’s bank account is debited only when the order is placed. The customer may only offset against legally recognized or established claims.
The customer may only exercise a right of retention if his claims arise from the same contractual relationship. We only accept payments from accounts held within the European Union (EU) and Switzerland. Under no circumstances will MySwissApple.ch assume any costs arising from a payment transaction.
7. Discount vouchers
Vouchers can only be used to purchase items from the MySwissApple store. Vouchers can only be used once per order and must be at least equal to the amount of the voucher (excluding delivery costs). No refunds of any residual value can be made.
For all requests for refunds or returns of merchandise, vouchers are non-refundable as they were issued as part of a promotion and therefore no consideration was provided in exchange.
Vouchers can be passed on to third parties, but as mentioned in article 6, they can only be used for one order at a time. We accept no liability in the event of loss, theft or illegibility of the voucher.
8. Right of withdrawal, return and refund
Consumers have the right to revoke their contractual commitment within 14 days of receipt of the product by themselves or a third party designated by them. If an order comprises several products delivered separately, the withdrawal period begins on receipt of the last product.
Revocation must be notified by post to Marmier Distribution. The date on which the revocation is sent is decisive for compliance with the deadline. It is not necessary to give reasons for the revocation. The declaration of revocation as well as the return of the products must be addressed to :
Marmier Distribution, Rue du village 12A 1124 Gollion
The exercise of the right of revocation transforms the sales contract into a withdrawal from the contract, whereby all services received under the sales contract are to be reimbursed only if the goods are returned complete and undamaged in their original packaging. Failure to comply with this requirement will not entitle the customer to a refund. The cost of returning goods is borne by the customer.
The order will be refunded within 14 days of MySwissApple’s receipt of the returned product(s).
If you ordered via Stripe, the order will be refunded to the credit card you used to place the order.
If you have ordered via TWINT, your order will be refunded to your TWINT bank account.
MySwissApple assumes no responsibility if you do not have or no longer have access to your account.
9. Warranty
MySwissApple warrants that the products have the promised qualities, that they have no material defects which would reduce their value or their suitability for the intended purpose, and that they correspond to the services and specifications described. MySwissApple reserves the right to opt for the replacement of a defective product.
The purchaser must examine the delivered product immediately upon delivery and report any defects immediately. For further information, please contact our customer service department: contact@myswissapple.ch
If replacement delivery fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer is not entitled to any reduction.
10. Passwords/Privacy
The customer undertakes to provide complete and truthful information when entering personal data. The customer is entitled to maintain and use only one customer account at a time. In the case of multiple registrations, we reserve the right to delete the individual registrations.
In the “my account” section after registration, you can consult all your personal data, as well as orders already placed and orders in process.
By providing us with your cell phone number when registering your account, you authorize us to send you promotional SMS messages and delivery confirmations. These can of course be cancelled at any time by notifying our customer service department in writing.
Within the framework of the products made available online, the customer undertakes to treat the system access codes entrusted to him and the passwords created for this purpose with the utmost confidentiality and care. MySwissApple.ch reserves the right to immediately withdraw the right of use from the customer in the event of multiple use of an access code intended for a single entitled party, or any other use of the data beyond the scope of the respective intended use within the platform.
The collection and processing of the MyswissApple.ch customer’s personal data is explained in the data protection declaration. This declaration is an integral part of these GTC. The data protection declaration can be viewed under “Data protection”.
The customer hereby agrees to the storage of personal data entered by him/her in connection with the use of our website. This consent also applies to the storage of the IP addresses transmitted each time the website is used. The customer also consents to the use of his or her personal data for the purpose of personalizing advertisements and product offers on the website. No personal data is passed on to advertisers.
Finally, the customer agrees that the seller may use the customer’s personal data for direct marketing purposes. This includes advertising communications to the customer by e-mail and post.
11. Copyright
The content and structure of the products published by MySwissApple as well as the entire Internet offer are protected by copyright. The use of contributions and work tools by the customer is authorized for personal use, but any commercial distribution, in whole or in part, requires the approval of MySwissApple.ch.
12. Responsibility for online connections
The Service Provider undertakes to ensure state-of-the-art security and to comply with data protection regulations for all systems, programs, etc. belonging to or influenced by the Service Provider.
Customers are responsible for the security of systems, programs and data within their sphere of influence. In their own interests, they should keep their login and password secret from third parties.
The service provider is not liable for defects and malfunctions for which it is not responsible. In particular, he is not liable for security gaps, damage caused by transmission errors, technical faults and malfunctions, operating failures or faulty interventions in the computer systems of the user, his agents or third parties.
In addition, the Provider accepts no liability for damage caused by force majeure or by inappropriate actions on the part of users or third parties, or by the latter’s failure to take account of the risks involved. The Provider also accepts no liability for damage caused by excessive demands, the use of inappropriate operating resources by users or third parties, extreme environmental influences, interventions by users or breakdowns caused by third parties (viruses, worms, etc.), which may occur despite the necessary current safety precautions.
13. Settlement of disputes
The European Commission provides an online platform (RLL platform) for the out-of-court settlement of disputes at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
14. Place of jurisdiction and applicable law
When ordering from our MySwissApple.ch online store, your contractual partner is the sole proprietorship Marmier Distribution, whose registered office is at rue du village 12A, 1124, Gollion, which means that these GTC apply in particular between you and the sole proprietorship Marmier Distribution.
All legal transactions and other legal relationships between the customer and us are governed by Swiss law. The commercial law of the United Nations (CISG) and any other interstate agreements or treaties are not applicable. In the case of contracts concluded for a purpose which cannot be attributed to a professional or commercial activity of the entitled party (consumer contracts), this choice of applicable law is only valid insofar as the legal protection afforded is not precluded by mandatory provisions of the law of the state in which the consumer is resident.
In business transactions with merchants and legal entities under public law, our registered office is the place of jurisdiction for all disputes arising from these GTC and all contracts concluded within the scope of these GTC, including any claims for payment of bills of exchange or cheques.In such a case, we are also entitled to bring an action in the jurisdiction of the customer’s registered office.In the case of consumers, the place of jurisdiction is the consumer’s place of residence.
15. Modification of the GTC
We are entitled to unilaterally amend these GTC insofar as they form an integral part of the contractual relationship with the customer and insofar as such amendment serves to eliminate imbalances that have subsequently arisen or to adapt to any changed legal or technical conditions. In the event of readjustment, we will inform the customer of the content of the modified regulations. The amendment becomes part of the contract if the customer does not object in writing to the incorporation of the amendment into the contractual relationship within six weeks of receipt of the amendment notice.
16. Final provisions
Should individual provisions of these General Terms and Conditions be or become invalid, or should the contract contain an unforeseen loophole, this shall not affect the validity of the remaining provisions or parts thereof, and the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provisions will then be replaced by relevant provisions of the same meaning.
Updated in February 2019
