Terms & conditions
1. Object of the contract and the field of application
By using the Swibeco Website, you agree to the Terms & Conditions hereafter (hereafter referred to as the « TC »).
Swibeco SA, is a company incorporated in Switzerland with registered number CHE-421.031.907 (hereafter referred to as “Swibeco”), and operates a website with address www.swibeco.ch (hereafter referred to as the „Website”), email: firstname.lastname@example.org.
Avenue d’Ouchy 66
+41 41 360 43 43
a. On the Website, users (hereafter referred to as the “Customer/s”) may purchase or acquire, for specified periods, promotions (hereafter referred to as the “Deals”) within the framework of commercial action proposed by companies (hereinafter referred to as the “Partners”), namely :
- Vouchers for benefits proposed by companies (hereinafter referred to as the “Benefits”); and
- Services or items from companies (hereinafter referred to as the “Products”), proposed by companies.
b. The services of Swibeco are limited to the operation of the Website, to the publication and the promotion of the Deals, to the technical execution of the terms of the contract, to the sending of the dues (vouchers or confirmations of order), as well as to the covering of the corresponding purchase prices. It is understood that the role of Swibeco in selling or assigning the Benefits or the Products is limited as it is the intermediary between the Customer and the Partner proposing the Benefits and/or the Products via the Website. The purchase of Benefits or Products is always the result of a contract between the Customer and the Partner. Swibeco is not the contractual party of the Customer.
In addition to the TC, the terms of conditions of the relevant Partners shall apply to each Benefit or Product
c. The Customer shall only have access to the Deals proposed during his/her period of registration with Swibeco. No compensation shall be due for unused credits, vouchers, points at the time of deregistration of the Customer.
2. Specific clauses when purchasing Benefits
Clauses in paragraph 2 shall apply only to the purchase of Benefits; they do not concern the purchase of Products.
a. Purchase procedure of Benefits on www.swibeco.ch:
When on the Swibeco platform, click on the specific Deal you are interested in and follow the instructions.
b. Additional Terms
Most of the time, the voucher offers access to a service or to a Product of the Partner in a promotional price list only during a limited period, according to the conditions of the Deal. If the Customer does not assert the service or Product before the term, he/she loses the rights for the service or the product as well as the credit note of the voucher, without possibility of refund.
Swibeco is not liable for the execution and/or quality of the Product or services mentioned on the voucher. However, if difficulties were to arise during the use of the voucher or while the delivery of the Product/the execution of the service, Swibeco will ensure to find a suitable solution. In such a case, the Customer shall contact Swibeco in the period of validity of the voucher via the contact form or by phone.
3. Specific clauses to the purchase of Products
Clauses in paragraph 3 shall apply only to the purchase of Products; they do not concern the purchase of Benefits.
Swibeco offers Products on behalf of the Partners which sell the Products directly to the Customers. Swibeco arranges for the payments from the Customers to be forwarded to the Partners.
The sale of Products is validated when Swibeco has recorded the Customer’s payment. It is however not taken into account if the payment cannot be made at the first attempt, for example because the account does not exist or is insufficiently funded, because the credit card number is wrong, or because that the credit card has reached its limit.
a. Purchase process of a Product
When on the Swibeco platform, click on the specific Product you are interested in and follow the instructions.
The sales prices (hereinafter referred to as “Price”) are indicated in Swiss francs and include all taxes. Shipping costs are calculated separately and are specified in the summary of the order. The total cost of the order depends on the nature of the shipment and the payments terms (hereinafter called “Costs”). Costs are indicated in the ordering process.
c. Method of payment
Before the end of the ordering process, the Customer has the option to choose the credit card payment.
When a payment is made by credit card, the payment is processed through a certified payment platform. Personal data entered in the payment process are held neither by Swibeco, nor by the Partner.
Monthly invoice with part payment option (PowerPay)
With the monthly invoice (PowerPay) – you can pay your online purchases easily by invoice with a part payment option. MF Finance AG / PowerPay as an external payment service provider offers the payment method “payment via invoice”. At the end of the payment process PowerPay takes over the resulting invoice requirement and handles the corresponding payment option. By selecting the monthly invoice you accept the terms and conditions of PowerPay. (powerpay.ch/agb-en)
The monthly invoice will be sent in the following month by mail. In partial payment, you at least have to pay 10% of the outstanding invoice amount each month. In this way you can easily decide for yourself, in how many installments you like to pay. Please note that each invoice will include an administration fee of CHF 2.90.
Monthly invoice with part payment option (PowerPay)
The monthly invoice will be sent by MF Finance / PowerPay by the beginning of the next month by mail. Please note that each invoice will include an administration fee of CHF 2.90. By selecting the monthly invoice you accept the terms and conditions of PowerPay. (powerpay.ch/agb-en)
d. Methods of delivery
Deliveries take place within the borders of Switzerland, unless specified differently, at the address given when registering or ordering (hereinafter referred to as the “Address”).
If the Address is incorrect or incomplete or if the delivery is impossible during normal business hours for any reason, Swibeco reserves the right to terminate the contract if the delivery of the Product to the Customer cannot be made. In such case, payments made by the Customer are refunded after deduction of incurred delivery costs.
The delivery is organized by the Partner once the payment has been confirmed. Information regarding the availability and delivery time are provided on pages of the specific Products Swibeco gives no guarantee concerning the availability of the Products.
In case of force majeure, the delivery time can be extended. Force majeure would apply in particular in case of strike, lockout, intervention of the authorities, a shortage of energy or raw materials, traffic problems, an operating failure due to fire, flood, damage on machines, lighting or any other unforeseen damage or difficulties for which Swibeco cannot be held responsible for.
d. Guarantee and legal remedy
The Customer shall verify the content of the delivery immediately upon receipt.
If the delivered product does not correspond to the ordered Product, if the delivered product does not meet the expectations (if it is for example defective or damaged) or if the delivery is incomplete, the Customer shall immediately inform the Partner according to the instructions provided on the corresponding invoice. Swibeco shall not be held responsible for eventual lack in the delivery of the Product. It is understood that Swibeco is by no means involved in the production of the Products.
e. Manufacture’s warranty
The Customer recognizes that Swibeco is not responsible for the production of the Products and does provide any warranty thereto attached and therefore may not be responsible for repairs of defective Products. Any claim for the quality of the Product shall be made directly to the Partner.
f. Limitation of liability
The Customer expressly recognizes that the legal remedy of the Customer in case of non-execution or bad execution of the service or Product is limited to the right of cancellation as stipulated in clause 3.7 of the TC. Swibeco shall bear no other liability whatsoever.
4. Modifications, the technical errors and the limitation of responsibility
Swibeco reserves the right to modify, to limit or to stop at any time part or all features of the Website.
Swibeco shall not be held responsible for possible interruptions of the availability of the web site or for losses of data.
In case the Price indicated on the Website is erroneous because of technical errors, the Parties are entitled to consider the contract concluded as null and void and eventual payments made by the Customer will be refunded.
It is understood that Swibeco is not responsible for the quality and for the exhaustiveness of the Benefits or the Products and that Swibeco shall not be held liable in this regard.
5. Intellectual property
All information and contacts available on the Website, including but not limited to trademarks, logos, service marks, copyrights, graphics, images, videos, data is protected by Swiss laws, including laws governing copyrights and trademarks and is of exclusive property of Swibeco and/or its Partners. The use and/or reproduction of any of these is prohibited unless specific prior written authorization by Swibeco and its Partners.
6. Use and communication of personal data
All personal data which may be entered on our Website are collected, processed, stored and used according to the applicable laws relating to data protection and with only purpose to better serve your requests. In doing so, we work with professional services providers which contractually undertake to comply with all applicable laws and rules.
Swiss Federal Act on Data Protection shall apply to these TC and the relations with the Customers.
7. Amendment the TC
Swibeco may modify or amend these TC at any time, for example to adapt some legal requirement or to take into account some functional modification.
These TC shall constitute the entire agreement between the Parties. If any provision of these TC is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TC, which shall remain in full force and effect. No waiver of any term of this these TC shall be deemed a further or continuing waiver of such term or any other term, and Swibeco’s failure to assert any right or provision under these TC shall not constitute a waiver of such right or provision.
9. Applicable law and jurisdiction
Swiss laws shall apply to the relations between the parties.
All disputes arising from these TC shall be subject to the jurisdiction of the courts of the canton of Zug. Swibeco and its Partners being however entitled to file a claim with the competent court at the place of domicile or residence of the Customer.