Online shop ordering and delivery terms – 123mobile shop
These ordering and delivery terms apply to all orders and purchases of items offered in the 123mobile online shop. The operator of this online shop and seller of the goods is Sunrise Communications AG, Thurgauerstrasse 101B, 8152 Glattpark-Opfikon, (hereinafter referred to as "123mobile").
The prices for goods and services indicated in the 123mobile online shop apply at the time of placing the order. VAT and the advance recycling fee are included in all prices. Delivery costs are shown separately. Subject to price changes.
All persons of legal capacity residing in Switzerland are eligible to place orders. Orders may only be placed by these persons for themselves and not on behalf of third parties. The commercial resale of items purchased in the online shop is forbidden.
Customer confirms with their order the correctness of all information they have provided.
The placement of an order is binding for the customer. The purchase contract is concluded as soon as the customer places an order in the online shop. The receipt of the order is confirmed by email. 123mobile can make acceptance of the order dependent upon a credit check and for this purpose have the customer data processed by a third party. In addition, 123mobile can decline orders for different reasons, such as for multiple orders as part of promotions.
Deliveries can only be made within Switzerland.
Delivery times stated by 123mobile are not binding and 123mobile does not guarantee delivery within a specific time.
When delivering items, it is sometimes necessary that the mail carrier checks the identity of the recipient. The mail carrier must personally confirm receipt. If the details of the orderer and recipient are not consistent, the delivery will not be made.
If delivery cannot be completed or only with difficulty for reasons for which 123mobile is not responsible, such as incorrect shipping address or absence of the recipient, 123mobile is entitled to cancel the order.
In the case of externally visible transport damages or quantity discrepancies, the customer must submit to the responsible transport company (such as Post) accurate and detailed reservations. Transport damages or quantity discrepancies not externally visible must be notified to the customer service center of 123mobile immediately or within five days at the latest.
Customers can pay using the "payment options" offered in the online shop. Payments made by credit card or other direct payment methods are debited when ordering.
Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s <a href="https://www.powerpay.ch/en/agb" target="_blank">GTC</a>. (powerpay.ch/en/agb).
5. Cancelation policy
If an item is unavailable for an indefinite period at the time of placing the order, the customer has the option to cancel the order. However, cancelation must take place immediately after receipt of notification by 123mobile and via customer support.
If an item is not delivered within four weeks after placing the order, the customer has the right to cancel the purchase of the item. This right of cancelation does not apply to newly launched mobile devices and other items where delivery delays are common.
6. Guarantee, warranty
After purchase, the customer is obliged to check the device and report any defects immediately. If a device should become faulty, customers can use the manufacturer's warranty for devices sold by 123mobile. Warranty claims are subject to the conditions of the individual manufacturer. 123mobile excludes any warranty. Devices covered by warranty are accepted by the repair service center of 123mobile as stated in the bill of delivery.
If there is a defect that is covered by the warranty, 123mobile or the manufacturer has the option to repair or replace the device with an equivalent device. Cancelation of the contract is excluded. For replaced or repaired devices, a warranty term of three months applies, if the original warranty term is not longer and the manufacturer's warranty does not provide any other warranty term. Excluded from the warranty are normal wear and tear of the device, improper use, defects caused by external influences (force, fall, water, moisture, heat, cold, malware, viruses, etc.) and incompatibility with technical infrastructures. If the customer opens up the device, the right of repair or replacement will be invalidated. The cost of a repair outside of the warranty will be charged to the customer.
7. Data protection
In connection with the sale of products, 123mobile can collect and process personal data, observing data protection standards at all times. It can be processed by 123mobile or associated third parties domestically and abroad for the following purposes:
a) For reviewing requirements for contract conclusion
b) For fulfilling contractual obligations with respect to the customer
c) For maintaining, developing and retaining customer relationships
e) For address validation
g) For billing, collection purposes, credit rating and creditworthiness checks
h) For advertising, design and further development of 123mobile products
For the creation of data files relating to credit rating and creditworthiness as well as address validation, the customer consents to allow data to also be passed on to third parties for use for their own purposes. The customer can limit or forbid the use of their data for marketing purposes by notifying the 123mobile customer service center.
8. Place of jurisdiction, applicable law
The contract is subject to Swiss law. The place of jurisdiction is Zurich. Mandatory jurisdictions of federal law shall remain reserved.