Terms and conditions

Terms and conditions

Conditions générales de vente (CGV)

Thank you for visiting the Site.
Please read the Terms of Use carefully. By accessing the Site, you signify your acceptance and understanding of the Terms of Use. If you do not accept the Terms of Use, please do not use our Site.
We reserve the right to modify the Terms of Use without prior notice and at any time.
Please check this page regularly for any changes to the Terms of Use. The version published on the Site at the relevant time will apply between you and us.
In the Terms of Use, the terms ‘Swissgames’, ‘we’, ‘us’ and ‘our’ refer to Swissgames Sàrl, a company incorporated under the laws of Switzerland and registered in the Commercial Register of the Canton of Geneva. ‘You’, “your” and “yours” refer to any person using or accessing the Website.

1. Définitions

Special Conditions: any special conditions mentioned on the Site in relation to a particular product(s).

Order Confirmation: the order confirmation which is sent by e-mail to the Customer and/or which is available via the Customer’s account.

Customer: any person placing an order via the Site.

Calendar Days: weekdays, including weekends and public holidays officially recognised by the cantonal legislation applicable to the headquarters of Swissgames (i.e. Geneva).

Working Days: weekdays, excluding weekends and public holidays officially recognised by the cantonal legislation applicable to the registered office of Swissgames (i.e. Geneva).

Customer Service: Swissgames’ customer service.

Other terms beginning with a capital letter have the meaning attributed to them in the Terms of Use.

2. Scope and amendment of the Terms of Use

The Terms of use govern the contractual relationship – and form an integral part of the contract – between Swissgames, on the one hand, and the Customer, on the other. They are an integral part of the Terms of Use, which apply for the rest. In the event of any discrepancies between the T&Cs and the Terms of Use, the former shall prevail.

By placing an order via the Site, the Client acknowledges that he or she has read, understood and accepted, without any reservation, the T&Cs. In the event of disagreement with the T&Cs, the Client shall refrain from placing an order via the Site.

Swissgames reserves the right to modify the T&Cs at any time and without prior notice by publishing a new version of the T&Cs on the Site (which cancels and replaces the existing version). Any order placed after Swissgames has published a new version of the GTC constitutes acceptance of the new version.

The Special Terms and Conditions are an integral part of the General Terms and Conditions which apply for the remainder. In the event of any discrepancy between the Special Terms and the GTC, the Special Terms shall prevail.

May 2020 update.
These Terms are specific to our site and protected by copyright. The reproduction, distribution or other use of these Terms is prohibited without our prior written consent. Any prohibited use of these Terms will be continued.

3. Information mentioned on the Site

Although Swissgames endeavours to inform its Clients as fully and accurately as possible, the photos, videos and texts illustrating and describing the products (the dimensions and technical specifications of the products, etc.), as well as the state of stocks mentioned on the Website, are non-contractual and are provided for information purposes only. They in no way constitute an offer by Swissgames (which does not guarantee their accuracy) and can in no way be qualified as guarantees or promised qualities.

4. Registration

The Client is solely responsible for the accuracy and completeness of the data he provides when registering on the Site. If necessary, the Customer must notify Swissgames of any changes to the data provided by the Customer.

 

The Client must provide a valid e-mail address to which all communications relating to the order will be sent. It is the Customer’s responsibility to keep this address in force and to take note of the e-mails sent by Swissgames. The Customer must also set up – and regularly check – his/her “junk mail” box to ensure that no e-mail from Swissgames is included. Any communication made to the Customer by e-mail will be deemed to have been received by the Customer on the actual date and time of receipt, but no later than 24 hours after it has been sent by Swissgames.

 

The Customer chooses, when registering, a password allowing him to place an order or use other functions of the Site. This password is strictly confidential. It must not be disclosed to third parties under any circumstances. The Client is solely responsible for the use, storage and security of his password, which he may change at any time via the Site. He is responsible for any order placed, even without his knowledge, by means of his password. If the Customer knows or suspects that a third party has access to his password, he must notify us immediately

5. Order process

Only Clients who are of legal age, capable of discernment and who are not under curatorship may place an order via the Site.

To place an order, the Client must follow the procedure available on the Website. Any other order process is excluded.

By placing an order, the Customer binds himself and declares to make a firm and definitive offer to Swissgames to purchase  the selected goods, under the conditions indicated on the Site. The validity of the offer may be subject to maximum or minimum quantities. Formally, the Client submits his offer at the time his payment is approved. The sale is accepted – and therefore the contract is concluded (subject to the resolutory conditions provided for in Articles 9 to 11) – only from the moment Swissgames sends the Order Confirmation to the Customer. Swissgames reserves the right to refuse an offer at its sole discretion and is not obliged to state reasons.

The data recorded by Swissgames is irrefutable proof of the orders. The data recorded by the payment system is irrefutable proof of financial transactions.

6. Price

Swissgames reserves the right to change its prices at any time. Only the price indicated in the Order Confirmation is valid.

The prices indicated on the Site are expressed in Swiss francs (CHF) and include, where applicable, VAT. They do not include any additional fees that may be required by applicable law. Preparation and delivery costs are included. The prices indicated on the Site are valid only in the territories of Switzerland

7. Payment

The payment methods accepted by Swissgames are exclusively those indicated on the Site.

Any order offer is subject to the prior payment of the full amount of the order, as well as the preparation and delivery costs.

Payments are made via the servers provided and secured by Swissgames’ partner financial institutions, so that no financial information about the Customer passes through our servers.

The risk of a malfunction of the payment system is borne by the Customer, at the sole expense of Swissgames.

8. Delivery

The preparation and delivery costs are those mentioned in the Order Confirmation.

With some exceptions, the products are shipped to the delivery address indicated by the Customer at the time of ordering. The Customer is solely responsible for the accuracy and timeliness of the address provided to Swissgames. We cannot be held liable for the non-delivery of a product in the event of an incorrect or out-of-date address.

If a parcel is returned to us by the carrier after an unsuccessful delivery (postal deadlines exceeded, incorrect recipient address, etc.), the Customer is notified by means of an e-mail sent to the address indicated in their profile or when placing their order. If the Client does not hear from the Client within 3 months of the sending of the said e-mail, the order is cancelled. Swissgames is then released from its obligation to deliver the goods and the amount paid by the Customer is retained by Swissgames as a contractual penalty, in settlement of all accounts and claims in connection with the respective order.

The transport costs and risks inherent in the return of an unclaimed package (including in the event that the carrier does not deposit a delivery note) and/or any reshipment are borne by the Client exclusively, as are the risks inherent in the storage of the returned goods. Before any reshipment, Swissgames may ask the Customer to pay the related costs.

Swissgames makes every effort to ensure that the products ordered are shipped within 5 Business Days, starting from the end of the sale. However, this period – as well as the delivery guarantees mentioned in the Special Conditions – is of a purely indicative and non-contractual nature.

9. Customer's right of revocation (in general)

The Client may revoke his order under the following (cumulative) conditions:

  • The Customer sends his request to Customer Service by email to info@ugearsmodels.ch. The request must be received by Swissgames within 10 calendar days of the delivery of the goods.
  • The goods must not have been used, or even unpacked. It must remain in a perfectly new condition, suitable for resale.
  • The goods must be returned to Swissgames, at the Customer’s sole expense, in their original packaging, accompanied by their complete documentation and any accessories. The procedure of Article 14 applies.
  • The Customer’s request must not relate to the following items for which the right of withdrawal is excluded: (i) products for which it is expressly stated in the Special Conditions that no return is possible.

10. Customer's right of cancellation (in the event of late delivery)

En cas de retard de livraison, le Client peut révoquer sa commande aux conditions (cumulatives) suivantes :

  • Swissgames n’a pas expédié la marchandise commandée (date de remise au transporteur faisant foi) dans un délai de 10 Jours Ouvrables à compter de la date d’envoi de la Confirmation de Commande.
  • Le Client a adressé sa requête au Service Clients par email à info@ugearsmodels.ch
  • La requête du Client parvient au Service Clients au moins 24 heures avant que le produit commandé n’ait été remis au transporteur pour livraison.

11. Swissgames' right of revocation

After the conclusion of the contract, Swissgames is entitled to cancel an order that has not yet been delivered at any time and without having to inform the Customer of the reasons for this.

12. Consequences of revocation

In the event of revocation in accordance with Articles 9, 10 or 11, the advance paid by the Client (excluding preparation and delivery costs) shall be reimbursed by bank transfer to the account used for the initial payment of the order. The reimbursement is made in the settlement of all accounts and all claims. The Customer may therefore under no circumstances claim additional damages from Swissgames, its claims being limited exclusively to the full return of the advance paid (excluding preparation and delivery costs and without interest). If this is apparent from the Special Conditions and subject to availability, certain products may also be exchanged. In the event of revocation due to late delivery (Article 10) or exercise of Swissgames’ right of withdrawal (Article 11), Swissgames is released from its obligation to deliver the goods.

13. Guarantee for defects

Upon receipt of the order, the Client must immediately inspect the goods delivered.

If applicable, before signing the carrier’s delivery note, the Client must check whether there are any apparent defects at the time of delivery (product delivered that does not correspond to the product ordered, incomplete product, etc.). In the event of apparent defects, the Client (or any other person receiving the goods for him) must indicate this on the delivery note, in the form of a handwritten reservation accompanied by his signature. In the absence of such a reservation, such defects will be considered accepted.

With regard to defects that are not apparent at the time of delivery against signature or in the absence of such a delivery method, the Client must notify Customer Service of any defect within 3 Business Days from the time it became aware of the defect, otherwise the defect will be considered accepted. Regarding return, the procedure of Article 14 applies.

The goods ordered on the Site are guaranteed by their manufacturer, in accordance with the specific terms and conditions set out in the original documentation delivered with the goods or available from the manufacturer. It is the responsibility of the Customer to inquire about the details of the warranty directly from the manufacturer. To remove any doubt in this respect, it is specified that only the manufacturer is liable for the warranty, to the exclusion of Swissgames. Under no circumstances does Swissgames guarantee the warranty offered by the manufacturer.

IN ADDITION TO THE MANUFACTURER’S WARRANTY, SWISSGAMES DOES NOT OFFER ANY WARRANTY WHATSOEVER. ARTICLE 199 CO (FRAUDULENT CONCEALMENT OF A DEFECT) IS RESERVED. SWISSGAMES IS, WITH SOME EXCEPTIONS, NOT THE MANUFACTURER OR REPAIRER OF THE PRODUCTS OFFERED ON THE SITE.

When purchasing a plurality of products, the possible defective nature of a product, its replacement or the impossibility of shipping it does not invalidate the purchase contract in its entirety. Swissgames manages the order of each product independently.

14. Returns procedure

In the event of a general request for revocation (Article 9) or a defect (Article 13), the Customer must obtain a return authorisation from Customer Service prior to any return of goods. No goods will be accepted unless the return has been accepted by Swissgames.

Upon receipt of the return authorisation, the Customer has a period of 7 Working Days to return the goods to Swissgames. After this period, the return will be refused. The return must be made using the original packaging, against signature. The Client bears the risks associated with the return of the goods. Except in the case of a justified return due to defect (Article 14), the return costs are at the Customer’s expense.

15. Contact details

To contact Customer Service, the Customer has two options:

  1. By email to the following address: info@ugearsmodels.ch.
  2. By post to the following address:

Swissgames Sàrl , Route du Pas de l’Echelle 97, 1255 Veyrier.

Please note: in order to optimise the processing of each Client’s requests, please specify the subject of your letter after the mention “Customer Service”.

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