Subject matter and scope
These General terms and conditions (“GTCs”) are the basis of all legal transactions – including future ones – between Computacenter AG (“Computacenter”) and the contractual partner (“Customer” or "you"). They govern the provision of services (such as consulting, project management, hardware and software configuration and installation, maintenance and support, help and service desk services, instruction, training and similar services; hereinafter “services”) by Computacenter as well as the creation, sale, delivery and (de) installation of products (such as e.g. machines, devices, components and accessories, particularly IT hardware or parts thereof, as well as software; collectively, the “products”) by Computacenter.
These GTC shall take precedence over any and all terms and conditions of the Customer, even if the Customer should declare that it wishes to order only in accordance with its terms and conditions. Computacenter reserves the right to amend the GTCs at any time. Changes shall be deemed approved 30 days after notification to the Customer unless the Customer objects to the changes.
Conclusion and amendments of the contract
Conclusion of contract
A contract between Computacenter and Customer (the “contract”) shall be deemed to have been concluded – whichever is the earlier – as of the date of confirmation in writing by Computacenter, the signing of an agreement by both parties or the actual performance of the services by Computacenter. In any case, these GTCs shall be deemed to be the content of the Agreement.
Receipt of the automatically generated order confirmation does not include either a binding order confirmation or a commitment that the product is actually available or deliverable and that the price is correct. It merely notifies the Customer that the order placed has been received by Computacenter.
The conclusion of a contract for products in this Webshop requires the Customer to prove his eligibility. Information regarding the institutions and individuals that are eligible to order products from this Webshop and the required proof of eligibility can be found here: Who is eligible to order products from this Webshop?
When accepting GTCs, you confirm
I confirm that my statements about my eligibility for purchasing products are correct. At Computacenter's request, I shall document my eligibility by presenting the required proof of eligibility (see Who is eligible to order products from this Webshop?). I acknowledge that in the event of improper use of the discounts, I shall be obliged to compensate Computacenter for any resulting loss or damage, including a processing fee pursuant to Computacenter's General terms and conditions. I consent to the corresponding debit of my payment method selected for the order.
Cancellation and termination of the contract
Orders placed with Computacenter are binding in accordance with the GTC and the Customer is obliged to accept the service. The acceptance of subsequent changes and cancellations is at the discretion of Computacenter and may be subject to handling costs (handling fee of 20% of the order or at least CHF 80.00 and the loss in value of the product since it was ordered).
If the Customer does not take delivery of the products within two weeks despite the obligation to take delivery, Computacenter may terminate (cancel) the contract and charge the handling costs and other damages.
If Computacenter is unable to deliver, the Customer shall be entitled to cancel the contract at the earliest four weeks after the agreed delivery date. In the event of cancellation due to non-delivery, Computacenter shall refund to the Customer any amounts already paid in advance. Further claims by the Customer are excluded.
Change of products
The change of products is generally not possible. If Computacenter agrees to an exchange in exceptional cases, the maximum price basis for the change shall always be the current price valid on the day of the change. Products that have been specially ordered for the Customer and individually configured systems are excluded from change in all cases. For the further course of an change, the provisions under section 9 apply.
Clawback of the discount
If the Customer fails to prove its entitlement to purchase products in this Webshop after conclusion of the agreement or if Computacenter is entitled to assume that the discounts were being used abusively, the Customer shall compensate Computacenter for any resulting loss, including processing fees of CHF [40.00]. The Customer consents to the corresponding debit of his selected means of payment after prior notice by Computacenter.
Services of Computacenter
Computacenter will provide its services in accordance with the terms and conditions agreed in these GTCs and the respective contract. It shall perform its contractual duties in a professional and diligent manner. Computacenter is authorized to involve third parties for the provision of services.
Product information, availability and guarantee information
Computacenter strives to provide customers with the best possible information on the products and services offered. This information is in part collected directly from its suppliers and is consolidated for Customers by Computacenter and presented accordingly. Therefore, any information about products, services, guarantee terms and guarantee periods is provided without warranty and should not be construed as a warranty. No liability is assumed for the accuracy, completeness or topicality of the information.
Supply delays may occur due to production or supply bottlenecks or due to incorrect inventory data. All information on delivery dates is therefore unwarranted and non-binding and may change at any time without notice. Computacenter attaches great importance to carefully maintaining the delivery dates and disclosing them as correctly as possible. Delivery may also be rendered completely impossible if a product can no longer be manufactured or delivered. In case of an impossibility of delivery pursuant to section 2.2 shall apply.
Prices, price changes, payment terms and retention of title
Prices
Unless otherwise stated, prices include VAT, advance recycling fees and copyright levies applicable at the time.
The costs for packaging, transport (postage, express surcharges, freight costs of all kinds) and insurance of products are invoiced separately and in addition.
Price changes
The prices stated in the offer, the order confirmation or the contract are based on the principles known at the relevant time and only cover the services or products mentioned therein. In the event of subsequent changes to the calculation basis due to circumstances beyond Computacenter's control, e.g. price increases by Computacenter's suppliers or subcontractors, Computacenter shall be entitled to adjust the price accordingly. If the increased price is more than 10% above the agreed price, the Customer has the right to withdraw from the contract. This right must be asserted in writing to Computacenter within 20 days of notification of the increased price, otherwise the right of cancellation shall be deemed forfeited and the price change shall be deemed accepted. In the event of cancellation, Computacenter shall be entitled to demand full payment from the Customer for the work already carried out and to return any products to the Customer at the Customer's expense and risk.
Terms of payment
If you choose to pay in advance by means of an advance invoice, delivery will only be made after full payment or receipt of the purchase price. A postal or bank transfer normally takes 2-3 working days.
If you pay in advance by credit card or Paypal, you will be charged a processing fee.
Public institutions can submit a written request for orders on account.
If the Customer does not fulfil his payment obligations in full or in part, all outstanding amounts owed in any way shall become due immediately and all deliveries shall be suspended. Computacenter reserves the right of cancellation.
Computacenter may charge a collection fee of CHF 40.00 from the 3rd reminder and the associated manual expenses.
The due date of Computacenter's claims shall not be affected by the assertion of defects. The Customer is not authorised to offset any counterclaims against claims of Computacenter.
Retention of Title
Products sold shall remain the sole property of Computacenter until all claims to which Computacenter is entitled have been fulfilled. The Customer is prohibited from selling or encumbering the products until the purchase price has been paid in full. The Customer authorises Computacenter to have the retention of title entered in the retention of title register.
Delivery dates
Only those dates that Computacenter expressly guarantees in writing as binding shall be binding. All other dates are to be understood as approximate. Computacenter shall endeavour to meet the deadlines.
If Computacenter is unable to meet a deadline expressly guaranteed as binding due to its own negligence (but not gross negligence or intent) or due to a permissible transfer of its obligations to auxiliary persons, all claims for damages, cancellation, substitute performance and other claims of the Customer due to delayed provision of the service shall be excluded.
Deadlines agreed with the Customer shall be extended appropriately if obstacles arise that are beyond Computacenter's control (such as force majeure, delays by suppliers, subcontractors or other auxiliary persons, operational disruptions, etc.).
Acceptance and notification of defects
When goods are delivered by a forwarding agent, the customer confirms the visual integrity of the delivery with his signature, unless a reservation is noted. In this case, Computacenter cannot accept any liability for visible transport damage. This does not apply to hidden defects.
Delivered or collected products must be checked immediately for correctness, completeness and integrity. Any defects (visible or hidden) must be reported to Computacenter as soon as they are recognised, but at the latest within 5 calendar days of receipt of the consignment. The consignment must be kept in the condition in which it was delivered and the product must not be put into operation for the further processing of the claim.
Service and warranty
Computacenter provides no warranty for the products it delivers. The Customer shall be exclusively entitled to any factory guarantee issued by the manufacturer, which shall be asserted directly against the manufacturer or the persons designated by the manufacturer.
In case of a warranty claim, the manufacturers provide for repair, replacement by an equivalent product or remuneration equal to the fair value of the device, up to the purchase value of the product. The decision lies within the manufacturer's discretion. The Customer shall have no claim to rescission or price reduction.
Claims under the manufacturer's warranty can only be made if there are no grounds for exclusion, such as damage caused by improper manipulation or mechanical damage. This includes, for example, damage caused by natural hazards, moisture, dropping the device and brute force, excessive wear and tear and defects due to tampering or modifications. Wearing parts, batteries, rechargeable batteries, lamps, etc. are excluded from the warranty or have a reduced warranty period.
Products that are labelled as “demo models" are devices with slight visual defects or refurbished products that are sold at a reduced price, These visual defects are excluded from warranty. In terms of functionality and fitness for use, the normal warranty provisions of the manufacturer shall apply.
If the manufacturer or service partner incurs costs in the event of repair outside of the warranty obligation, these shall be borne by the Customer. In the case of devices that do not have any identifiable defects or that do not fall under the manufacturer's warranty, Computacenter or the manufacturer may pass on the costs of inspection and shipping to the Customer. Computacenter may grant Customer a temporary replacement for the product. This temporary replacement, which is solely at Computacenter's discretion, is subject to the (suspensive) condition that the manufacturer actually assumes liability for the product and that there is no reason for an exclusion of warranty. Thus, the Customer only acquires ownership of the replaced product at this point in time. The replacement or repair of the guarantee shall not result in an extension of the original guarantee period.
All warranty claims of Customer shall lapse six months after provision of the services or after delivery of the products. This restriction does not apply in relation to consumers (Art. 210 para. 4 of the Swiss Code of Obligations).
Return of goods/RMA
If the Customer wishes to return goods to Computacenter, this shall occur at the Customer's expense and risk to the respective return location specified by Computacenter. The products must be returned with all accessories in their original packaging, packaged correctly and insured. The return must be accompanied by a detailed description of the error, a copy of the purchase invoice and proof of return. When a data carrier or product with a data memory contained therein is handed over to Computacenter, complete data loss must be expected. The Customer himself is responsible for orderly data backups. Computacenter assumes no liability for any data losses.
Returns that cannot be attributed to the sender shall be stored for 12 months and then disposed of.
The application form for return (proof of return) of products can be downloaded here: (application form).
In order for the product to be returned, the shipment must be in the original delivery state and the product must not have been put into service. If this is not the case, a return is excluded.
Liability
To the extent permitted by law, any liability of Computacenter for damages suffered by the Customer is hereby expressly excluded. This applies in particular to claims for damages in the event of negligence (but not gross negligence) or for the liability of Computacenter for its vicarious agents.
Data protection
Computacenter processes the personal data of the Customer in connection with the sale of products. Computacenter as the data controller can be contacted for her at Computacenter AG, Riedstrasse 14, 8953 Dietikon, tel. 0840 870 870.
The personal data that Computacenter collects contains the following information: Customer name, mailing address, E-mail address, telephone and fax number, company name, business connection, details of products purchased and – if concluded via this Webshop – details required for proof of eligibility (Who is eligible to order products from this Webshop?).
Computacenter uses this personal data to provide the requested service as well as to verify creditworthiness, to prove entitlement to rebates, for group internal reporting purposes and in order to offer the Customer additional products and services in which the Customer may be interested and to send information to the Customer at the Customer's postal or E-mail address. Computacenter may also transfer data to other companies in the Computacenter Group and third parties for these purposes.
Customer data may be disclosed to manufacturers or suppliers, including abroad, to conclude and perform a contract as well as to prove entitlement to rebates, to a credit service and insurance provider commissioned by Computacenter to verify creditworthiness, including, if necessary, abroad. To the extent that Computacenter transmits data to a country without adequate data protection (namely outside Switzerland or the EU), Computacenter shall take appropriate guarantees to ensure the protection of such data; the Client is entitled to receive a copy of such guarantees by contacting the above-mentioned address.
Computacenter shall store Customer data even after completion of the purchase for as long as Computacenter expects further business contacts.
To the extent permitted by law, the Customer may, at any time and free of charge, obtain information about his data stored at Computacenter as well as assert his statutory rights to rectification, erasure or restriction of the processing. To do so, please contact the above-mentioned contact details. If the Client wishes to object to the collection, processing or use of his data, either in whole or for individual measures, he may also send his objection by E-mail, fax or letter to the contact details specified above. If the Customer does not agree to the data processing by Computacenter, the Customer may report this to the Federal data Protection and information Commissioner (FDPIC) and/or the competent supervisory authorities in the EU.
Applicable Law, jurisdiction
The Agreement and the GTC shall be governed exclusively by substantive Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the rules of private international law. Any disputes arising directly or indirectly out of the contractual relationship shall be resolved by the competent courts at the registered office of Computacenter. Computacenter shall however also be entitled to take legal action against the Customer at the Customer's seat/place of residence. Mandatory places of jurisdiction remain reserved.