Note: in the event of a discrepancy between the French version of these terms and conditions and any other language version, the original French text shall be deemed valid.
These terms and conditions (hereinafter "Ts&Cs") apply to all legally binding transactions concluded on the www.verysmartphones.com online store or any of its variants ( www.verysmartphone.com; www.verysmartphones.ch; www.verysmartphone.ch; verysmartphones.fr; www.verysmartphone.fr; www.verysmartphones.de; www.verysmartphone.de) (hereinafter "online store(s)").
The online store is managed by Rematra SA, Geneva, Switzerland.
These Ts&Cs also apply to all legally binding transactions completed as part of Rematra SA's partner programme (hereinafter the "partner programme"). In the partner programme, individually selected third party suppliers (hereinafter "partner(s)") can offer products and services in their name for sale directly to customers via Rematra SA's online stores.
Rematra SA reserves the right to amend these Ts&Cs at any time. The version of these Ts&Cs in effect when an order is placed shall take precedence and may not be amended unilaterally for an order. Conditions stipulated by the customer which contradict or depart from these Ts&Cs shall not be accepted.
Product and service offers available in the online store, and therefore also part of the partner programme (hereinafter "offer(s)"), are available exclusively to customers resident or with a registered office in Switzerland or Liechtenstein.
Delivery shall be made to all addresses in countries where orders can be accepted.
The validity of an offer is subject to a product's appearance in online store search results and/or stock availability.
For all product orders with a minimum age requirement of 18, the customer shall confirm that he/she complies with these legal requirements.
Rematra SA reserves the right to reject orders which exceed typical quantities for household consumption.
2.1 Products and pricing
Product images featured in advertisements, brochures, online store, etc. are for illustration purposes and are non-binding.
Product information in the online store is presented as far as possible in a user-friendly manner, but is non-binding. Insofar as its validity applies to Switzerland, information provided by the manufacturer (e.g. manufacturer warranties) shall take precedence.
All purchase prices stated in CHF in the online store are final prices for sale in Switzerland, are inclusive of all taxes (including VAT), applicable pre-paid recycling fees, packaging costs, as well as delivery costs for the requested delivery time frame and any other applicable fees or charges. All purchase prices stated in foreign currencies are final prices for sale for export and are exclusive of all taxes. Where such taxes exist, these shall be incurred by the importer in the recipient country. Rematra SA and partners reserve the right to amend the price of products and services at any time. The price indicated in the online store when placing the order shall apply in conclusion of the contract.
Additional paid services included in the customer order, such as warranty extensions, insurance, etc. shall be indicated separately in the online basket and on the invoice.
2.2 Availability and delivery times
Rematra SA attaches a high degree of importance to displaying up-to-date and accurate information on product availability and delivery times in the online store. However, due to production or delivery issues, delays may occur on the part of Rematra SA or its partners. For this reason, all information regarding availability and delivery times is indicative and may be amended at any time.
3 Conclusion of the contract
Products and prices indicated in the online store are considered to be offers. However, such offers remain subject to condition subsequent where delivery is not possible or price information is incorrect.
For Rematra SA products and services, the contract is concluded with Rematra SA from the moment the customer places his/her order in the online store, in one of its branches, by telephone or by email (hereinafter the "contract").
For products and services offered by partners, the contract is concluded directly between the partner and the customer when an order is placed in the online store, in one of its branches, by telephone or by email. Rematra SA acts only as an mediator. Rematra SA only intervenes in such cases as an intermediary and service provider for the partner, but does not become a contracting party.
At the time of purchase, the customer can view the identity of the supplier/contracting party (i.e. Rematra SA or a partner) in the online store and on the relevant invoice.
For online orders, an order confirmation is automatically generated and sent to the customer via email. Automatically generated order confirmations do not confirm whether the product can actually be delivered. It merely notifies the customer that the online store has received the order and that the contract has been concluded with Rematra SA or the partner, on condition that the product can be delivered and the price information is correct.
4 Delivery times
When an order is acknowledged as received, the customer shall be given an estimated delivery time. For home deliveries, a delivery date shall be agreed with the customer.
In the event of a delay on the part of Rematra SA or a partner, the customer shall be entitled (excluding special orders) to withdraw from the contract 30 calendar days after the originally scheduled delivery date. In such cases, Rematra SA shall refund the customer all amounts already paid. No claims may be lodged with Rematra SA or partners.
For Rematra SA products and services, all delivery and collection options listed in the online store under "Delivery and collection" shall be available to the customer.
Products and services purchased by the customer from a partner may only be dispatched to the customer.
The delivery address must be in Switzerland, Liechtenstein or a country listed in the drop-down menu when placing the order.
If the customer does not take delivery of products ordered on the agreed or specified delivery date, Rematra SA or the partner may terminate the contract (cancellation) and invoice the customer for delivery costs incurred and any loss in value.
Should the customer not collect the products ordered (e.g. collection from a branch or pick-up point ) within seven calendar days of the agreed date, Rematra may terminate (i.e. cancel) the contract.
6 Customer duty of inspection
The customer must also ensure that products delivered or purchased from our branches are correct, complete and functional immediately after taking delivery.
If delivery was through a goods carrier, any damage during delivery must be specified on the delivery note.
Any faults or damage must be reported to Rematra SA (applicable also to products and services provided by partners) immediately after their discovery or within five calendar days of taking delivery of the products. The customer can do this in the online store in the customer account area, under "Returns and warranty". The customer is not authorised to use a damaged product. The customer must keep the product in its original packaging and follow the returns procedure instructions detailed under "Returns and warranty" in the customer account area.
7.1 General provisions
Rematra SA or the partner shall guarantee the absence of faults and the proper functioning of the ordered product. The warranty period for each product is specified in the sales slip. Where this is not specified, this period shall be six months for reconditioned or second-hand products and two years for new products.
The warranty period shall continue to run even where a warranty service has been included. Rematra SA or the partner may offer an alternative warranty service, such as
- repair free of charge (the initial warranty period shall continue to apply to all products);
- partial or total replacement with a used/repaired product of the same value (for replacements during the first year of warranty, the initial warranty period shall continue to run, in the event of replacement during the second year of warranty, the warranty period shall be for one year from the replacement date);
- replacement with a new product by Rematra SA;
- a credit note equal to the current purchase price (not exceeding the purchase price at the time of the order).
Parts subject to wear and tear, such as batteries, charger leads and lamps, as well as software issues are not covered by the Rematra SA warranty or that of its partners. In all other cases, disclaimers shall apply in accordance with Article 8.
Provided that the manufacturer warranty exceeds that of Rematra SA or the partner, Rematra SA or the partner shall also provide this guarantee to the customer.
For returns of data storage devices, or products containing data storage, to Rematra SA or partners, a complete loss of data should be expected in all cases. The customer is responsible for saving and properly protecting his/her data. Rematra SA or the partner accepts no responsibility for any loss of data.
During the verification process for a warranty claim, Rematra SA or the partner may, at its own discretion, provide the customer with a replacement device (subject to exchange). This is subject to condition precedent, according to whether the claim is genuine. The customer shall only take ownership of the replacement item when the warranty is confirmed by Rematra SA or the partner. In the event that Rematra SA or the partner rejects the warranty claim, the customer can purchase the replacement device for its purchase price at the time of its return or, failing this, the replacement device must be returned at the customer's expense.
All other provisions, including statutory provisions specific to the warranty, shall be excluded.
7.2 Additional provisions for used goods
Other provisions apply for products referred to as "demonstration models", "refurbished", "test device", "repaired" or "display model" in the online store. These products may have minor visible defects or be repaired items. Such visible defects are exempt from the warranty and are listed in the item description. These products have a one-year warranty running from their date of delivery or collection from one of our branches.
The customer is aware of the fact the he/she is purchasing a used electrical item that may contain personal data belonging to its former owner/user and for which Rematra SA or the partner accepts no responsibility.
8 Liability and disclaimer
Liability is governed by provisions set out by law. However, neither Rematra SA nor the partner may be held liable for (i) slight negligence, (ii) tangible, intangible and consecutive damage, loss of earnings, (iii) foregone savings, as well as (iv) damages arising from delay in delivery, and (v) all actions or inaction on the part of auxiliary persons of Rematra SA or a partner, within or outside of the scope of any contract.
Furthermore, Rematra SA or the partner accept no liability for damages arising from any one of the following causes:
- storage, improper positioning or use of the product that is illegal or in breach of the contract;
- use of incompatible spare components or accessories (e.g. power supply);
- lack of maintenance and/or improper modification or repair of the product by the customer or a third party;
- instances of force majeure, including damage caused by natural elements, moisture, drops, knocks, etc., which cannot be attributed to Rematra SA or the authorities.
- For faults, delays and damage resulting from the performance of services by one of our service partners (e.g. on-site installation), liability shall be incumbent upon the company responsible for delivering the service.
9.1 Payment methods
Rematra SA shall issue payment requests for products and services purchased in Rematra SA online stores directly to the customer. When a contract is concluded, the partner shall assign the full amount due, under the sale agreement between itself and the customer, to Rematra SA. The customer acknowledges this and shall make all amounts payable to Rematra SA only.
Payment shall be made in Swiss francs.
Payment in cash shall not be accepted.
The customer may use the payment methods available in the online store under "Payment methods".
Applicable charges shall be indicated under "Payment methods" and shall be specified during the order process.
For payment by credit card or other instant payment methods, amounts shall be debited at the time of the order.
For advance payment, delivery shall only take place once payment has been received. Products in stock at Rematra SA's central warehouse shall be reserved until expiry of the payment term, which is at least 40 calendar days. This also applies to products ordered externally, but which are processed and dispatched from our warehouse. Products requiring delivery by an outside distributor shall only be ordered once payment has been made.
9.3 Retention of title
Products ordered remain the property of Rematra SA or the partner until payment has been made in full. Rematra SA shall be entitled to record an entry on the register of retention of title. Prior to passing of title, no pledge, assignment as security, conversion or modification shall be permitted without the express consent of Rematra SA.
10 Amendment or cancellation of orders
Orders require the customer to take delivery of products and services. Rematra SA or the partner may, at its own discretion, agree to subsequent amendments or cancellations to orders and charge a fee equal to 20% of the value of the cancelled order, with a minimum charge of CHF 50, as well as any loss in value (since the order) of the cancelled items.
Should delivery prove (in part) impossible (condition subsequent) after placement of the order, i.e. conclusion of the contract, the customer shall be notified immediately by email. If payment has already been made for the order, this shall be refunded. If no payment has been made, the customer shall be released from his/her payment obligation. All other rights relating to delays or failure to make delivery shall be excluded.
11 Returning non-faulty goods
Under the Returns policy, Rematra Sa and third party partners shall grant the right to return products no later than 14 calendar days after the date of dispatch or collection.
The customer must register the return of products in the customer account area under “Returns and warranty” on www.verysmartphones.com, and return the goods to the address indicated. Products must be sent with all accessories in their original packaging and be properly packaged. Damaged products shall not be accepted and shall be invoiced to the customer in full.
For returns of data storage devices, or products containing data storage, to Rematra SA or partners, a complete loss of data should be expected in all cases. The customer is responsible for correctly saving his/her data. Rematra SA or the partner accepts no responsibility for any loss of data.
If the customer exercises his/her right of return in accordance with the aforementioned return conditions, Rematra SA shall refund the purchase price in full.
12 Out-of-warranty repairs
The cost of out-of-warranty repairs, in accordance with Article 7, shall be borne by the customer. Rematra SA or the partner reserves the right to invoice the customer for charges incurred in the verification and return of products with non-visible defects or damage not covered by the manufacturer warranty, in accordance with Article 7.
13 Other provisions
13.1 Unidentifiable returns
Returns for which we have no information on the sender and which cannot therefore be sent back (due to a lack of information) shall be held for six months by Rematra SA or the partner before being discarded.
13.2 Goods repaired under warranty left uncollected or undeliverable
Remata SA may discard or dispose of any goods, repaired under warranty in accordance with Article 7, which have not been collected by the customer in one of our branches within six months of sending the collection notice, or which could not be returned to the customer.
13.3 Data protection
The Data protection statement forms an integral part of these Ts&Cs. By accepting these Ts&Cs, the customer also agrees to the data protection statement.
Should any provisions in these Ts&Cs prove null and void, the validity of all other provisions in the contract shall not be affected.
13.5 Jurisdiction and applicable law
All legal relationships between Rematra SA or a partner and the customer shall be subject to Swiss substantive law. The United Nations Convention on contracts for the international sale of goods does not apply.
For all disputes arising from sale contracts to which Rematra SA is a contracting party:
for legal proceedings initiated by consumers, the jurisdiction shall be Geneva or the jurisdiction of the customer's residence in Switzerland. In all other cases, the sole jurisdiction shall be Geneva.
For all disputes arising from sale contracts to which a partner is a contracting party:
for legal proceedings initiated by consumers, the jurisdiction shall that of the partner's registered office or of the customer's residence in Switzerland. In all other cases, the sole jurisdiction shall be that of the partner's registered office.
13.6 Copyright notice
All rights in these Ts&Cs, including intellectual property rights, are reserved to Rematra SA.
All reproduction, transmission or other use is prohibited and shall only be authorised with the express written consent of Rematra SA. In the event of non-compliance with this guideline, Rematra SA reserves the right to initiate legal proceedings.