Terms of service
1. Area of application
This general terms and conditions act defines the conclusion, content and handling of contracts between enjoytrade naglieri (hereinafter referred to as enjoymedia.ch) and their customers (hereinafter referred to as costumer) in conjunction with the selling of products on enjoymedia.ch.
2.1 Conclusion of a contract and right of withdrawal (Switzerland)
2.1.1 The presentation of the goods on enjoymedia.ch does not represent a legally binding offer. By pressing the button "Confirm Order" a binding purchase of the goods in the shopping cart will take place. After the purchase you will automatically receive a confirmation email. This email confirmation means that a purchase agreement has been entered.
2.1.2 The customer has the right to revoke (electronically, by mail) the order within 7 days. The costumer shall pay for the return of the goods.
2.1.3 A rescission is not valid, if the products are not in their original package (not sealed) or have been used.
2.2 Conclusion of a contract and right of withdrawal (EU)
2.2.1 The presentation of the goods on enjoymedia.ch does not represent a legally binding offer, but only a non-binding online catalogue. By pressing the button "Confirm Order" a binding purchase of the goods in the shopping cart will take place. After the purchase you will automatically receive a confirmation email. This email confirmation means that a purchase agreement has been entered.
2.2.2 Revocation clause
Right of Revocation
You may revoke your declaration of contract within one month, without stating any reason, in text form (e.g. letter, e-mail) or by returning the goods. The period commences upon receipt of this notice. In order to comply with the period of revocation it is sufficient to dispatch the revocation letter or the goods within the prescribed time limit. The letter of revocation has to be addressed to:
enjoymedia.ch, enjoytrade naglieri, owner: Mauro Naglieri, Industriestrasse 17, 6005 Lucerne, Switzerland, Fax: 004141 360 27 91, E-Mail: info@enjoymedia.ch
Consequences of revocation
In the case of an effective revocation, services or goods which have already been received must be returned and any benefits derived from the same (e.g. interest) must be surrendered. Should you be unable to return the performance received to us, either in whole or in part, or in a worse condition only, you must provide us with appropriate compensation in this respect. In the case of the transfer of goods, this shall not apply if the deterioration of the goods is exclusively a result of examination of the same - as for instance you would have been able to carry out in a retail store. You can furthermore avoid the obligation to pay compensation by not taking the goods into use as your property, and avoiding everything which may impair their value. In the case of a return of a consignment of goods whose total order value amounted to less than 40 Euros, you have to bear the cost of returning the goods, provided the goods delivered correspond to those ordered. In other cases, the goods may be returned free of cost.
End of right of withdrawal
3 Delivery of the products ordered
3.1 enjoymedia.ch is only able to deliver the products if they are in stock. enjoymedia.ch is entitled to carry out partial deliveries. Additional deliveries will be effected as soon the missing products arrive.
3.2 In case of delivery troubles that are beyond the control of enjoymedia.ch, including but not limited to strikes, lock-outs, material deficiencies, lack of willingness to supply on the part of our supplier or transportation problems, enjoymedia.ch is entitled to cancel orders that have been confirmed. In this case, the customer has the right to be refunded the purchase price he might already have paid. Further claims are excluded.
3.3 We ship to Switzerland, Liechtenstein and EU countries.
4. Prices
All prices displayed on enjoymedia.ch are including Swiss value-added-tax in Swiss Francs or EURO. Freight costs are not included and charged separately on the invoice.
5. Payment methods
The customer can basically choose between payment by Postcard (only Switzerland), credit cards/PayPal (Visa, Eurocard/Mastercard/Amex etc.) and bank transfer, on account (only Switzerland).
6. Warranty and liability
6.1 The responsibility for the selection, configuration, application and the use of the products lies with the customer, or with the buyer of the products, i.e. the end customer. The customer acknowledges that enjoymedia.ch does not check the products that are delivered by the manufacturers or suppliers. Should the delivery be incomplete, enjoymedia.ch will carry out an additional delivery at the earliest possible date. A notice of defects for whatever reason does not release the customer from his duty to pay the invoice within the payment period that has been agreed upon with enjoymedia.ch. In case the customer is entitled to return the products, e.g. due to a specific agreement with enjoymedia.ch, the customer is only and solely entitled to a refunding of the purchase price if the products have arrived at enjoymedia.ch in their original package and in resellable state.
6.2 enjoymedia.ch does not provide any warranty for the products they deliver. The customer is solely entitled to a warranty that the manufacturer might offer. In this case, claims have to be made directly to the manufacturer or to the entities indicated by the manfacturer. The customer may also demand from enjoymedia.ch a cession of possible warranty claims that they might be entitled to in relation to third parties, however, the customer has to assert these claims at his own risk and expenditure. Further claims by the customer are excluded.
6.3 The costumer acknowledges that on account of the manufacturer's warranty provisions that are applicable in the respective case, the warranty is usually limited to the rectification or exchange of the defective/faulty products, depending on the choice made by the respective manufacturer/supplier. Furthermore, any warranty is excluded if third parties have attempted to repair the products.
7. Final provisions
7.1 enjoymedia.ch may change this general terms and conditions act at any time.
7.2 Should one or several of these provisions become null and void or ineffective, the validity of the other provisions shall remain unaffected. enjoymedia.ch shall replace the provisions which are null and void or ineffective by lawful provisions which are as economically equal as possible. The same applies to the filling of possible loopholes in the contract.
7.3 This general terms and conditions act is available in German, French, Italian and English. In case of contradictions, the German version is decisive.
7.3 This agreement shall be governed by Swiss law, the courts of Lucerne shall have exclusive jurisdiction. enjoymedia.ch is entitled to prosecute the customer at this jurisdiction.
Lucerne, 3 September 2009 / Version 1.3
You can choose to conclude the sales contract in these languages: German, French, Italian or English.