General Terms and Conditions (GTC)

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Scope

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is aimed exclusively at consumers (hereinafter referred to as the "Customer").

A customer is defined as a natural or legal person who maintains business relations with allswiss AG with its registered office in Switzerland (hereinafter referred to as "GENIUS") via the website www.geniushome.ch or another website of GENIUS, which can be attributed neither to his commercial nor to his independent professional activity.

Orders in quantities not customary in the household may be refused without justification.

GENIUS reserves the right to change these GTC at any time. The version of these GTC in force at the time of the order shall be authoritative and cannot be unilaterally changed for this order. Any terms and conditions of the client that conflict with or deviate from these GTC shall not be recognised.

The operator of this website is GENIUS (Link Imprint).

1. Information on this website

GENIUS provides information about products and services. Price and product range changes as well as technical changes are reserved. All information on "www.geniushome.ch" or the other websites of Genius (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are for illustrative purposes and are to be understood as approximate values and are non-binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise.

GENIUS makes every effort to ensure that all details and information on this website are correct, complete, up to date and clearly laid out, but GENIUS cannot guarantee this, either explicitly or implicitly.

All offers on this website are subject to change and are not to be understood as a binding offer.

GENIUS cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is without guarantee and may change at any time and without notice.

2. Prices

The sales prices stated on GENIUS represent final prices and, unless otherwise stated, include the statutory value added tax and any other statutory levies such as advance recycling fees (VRG) or copyright levies for electronic devices. Prices are quoted gross in Swiss francs (CHF) unless otherwise stated.

Any shipping costs, where not otherwise provided for, will be charged additionally and are to be paid by the customer - including the costs for any return shipment. Shipping costs are shown separately in the order process.

GENIUS reserves the right to make technical changes, errors and misprints. In particular, GENIUS may make price changes at any time and without prior notice. Consultancy and support services are not included in the sales price.

3. Conclusion of contract

The products and prices on this website are non-binding offers.

By placing an order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. GENIUS then sends an automatic order confirmation by e-mail, which confirms that the offer of the customer has been received by GENIUS. Orders placed are binding for the client. Unless otherwise stated, there is no right of return or withdrawal.

The contract shall be concluded as soon as GENIUS sends a declaration of acceptance by e-mail confirming the dispatch of the ordered products or services.

Orders shall only be delivered after receipt of payment in full (exception: delivery against invoice) and provided that the goods are available. If it turns out that the ordered goods cannot be delivered or cannot be delivered in full, GENIUS shall be entitled not to accept or only partially accept or execute the order. In such a case GENIUS shall inform the client by e-mail. If GENIUS has already received payment from the client, the payment will be refunded to the client. If no payment has yet been made, the customer shall be released from the obligation to pay.

4. Payment options and retention of title

The payment options specified in the order process are available to the customer.

GENIUS reserves the right to exclude customers from individual payment options or to insist on advance payment without stating reasons.

GENIUS may charge interest on arrears of 5% per annum and a reminder fee of a maximum of CHF 20 per reminder if the client is in arrears with payment.

The products delivered to the client shall remain the property of GENIUS until payment has been made in full.

5. Delivery, obligation to inspect, notice of defects and return

Deliveries will be sent by post or courier service to the address indicated by the customer in the order.

GENIUS endeavours to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. GENIUS shall be entitled to make partial deliveries. In this case, the shipping costs shall be charged to the customer only once.

The dispatch of the invoice, insofar as delivery against invoice is offered, shall be effected at the discretion of GENIUS by e-mail or by post.

If the delivery cannot be delivered or if the client refuses to accept the delivery, GENIUS may terminate the contract after notifying the client by e-mail and granting a reasonable period of grace, as well as charging the client for the costs of the inconvenience.

The client shall be obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify GENIUS immediately of any defects for which GENIUS provides a warranty in writing by letter or e-mail to the address in the imprint (>Link).

Returns to GENIUS shall be made at the expense and risk of the customer. The customer shall send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address specified by GENIUS Imprint (>Link).

If the inspection by GENIUS shows that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, GENIUS may charge the client for the expenses, the return shipment or the possible disposal.

6. Right of withdrawal

The client shall be granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline shall be deemed to have been met if the client sends the written revocation to GENIUS by e-mail or letter (address according to imprint, >Link) within the deadline. The revocation does not require any justification.

Exercising the right of withdrawal leads to a reversal of the contract. The client must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address indicated by GENIUS in the imprint (>Link). Returns to GENIUS shall be at the expense and risk of the customer. Any payment already made shall be refunded to the client within 30 calendar days, provided GENIUS has already received the goods back or the client can provide proof of dispatch.

GENIUS reserves the right to claim reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the client.

No right of withdrawal is granted in the following cases:

If the contract has an element of chance, namely because the price is subject to fluctuations over which the supplier has no control;
If the subject matter of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;
If the subject matter of the contract is a movable item that is manufactured according to the customer's specifications or clearly tailored to personal needs;
If the subject matter of the contract is digital content and such content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;
If the contract is for a service and the contract is to be performed in full by the supplier with the customer's prior express consent before the withdrawal period has expired.
In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the provider undertakes at the time of conclusion of the contract to provide the services at a specific time or within a precisely specified period.

7. Warranty

GENIUS shall endeavour to deliver goods in perfect quality. In the event of defects notified in due time, GENIUS shall warrant that the item purchased by the customer is free of defects and functional during the statutory warranty period of two years from the date of delivery. It shall be at the discretion of GENIUS to provide the warranty by repair free of charge, replacement of equal value or by refund of the purchase price. Further warranty rights are excluded.

The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties, or defects attributable to external circumstances. The warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is also excluded.

GENIUS is not able to provide any assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or uninterrupted availability of the website, its functionalities, integrated hyperlinks and other content. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by GENIUS.

8. Liability

GENIUS excludes any liability, irrespective of its legal basis, as well as claims for damages against GENIUS and against any auxiliary persons and vicarious agents, to the extent permitted by law. GENIUS shall in particular not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the client. Any further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.

GENIUS uses hyperlinks only for the simplified access of the client to other web offers. GENIUS can neither know the content of these web offers in detail nor assume liability or other responsibility for the content of these websites.

9. Data protection

GENIUS may process and use the data recorded in the course of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

The privacy policy in English is available in detail under the following link: (>link data protection)

10. Partial invalidity

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

11. Further provisions

GENIUS expressly reserves the right to amend these GTC at any time and to bring them into force without notice.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Zurich in Switzerland.