Terms and conditions
GENERAL TERMS AND CONDITIONS OF USE
(GTU) FOR THE ONLINE SHOP
MTSdevices Sàrl
Rue de la clé du Pré 6
2853 Courfaivre
Switzerland
Tel.: +41 32 422 73 09
E-mail: contact@mtsdevices.com
Table of contents
1. Scope of application
2. Registration
3. Conclusion of contract
4. Prices
5. Collection at the company's headquarters
6. Delivery, shipping costs
7. Granting of rights of use for digital content and software licenses
8. Retention of title, termination of contract
9. Duration and termination of subscription contracts
10. Due date and payment
11. Revocation
12. Warranty and liability
13. Addresses
14. Data protection, copyright, trademark rights
Status: April 2024
1) Scope of application
These general terms and conditions (GTC) apply to the business relationship between MTSdevices Sàrl (hereinafter: MTSdevices) and consumers or companies (hereinafter: "customer" or "customers") in the currently available and valid version at the time of accessing the website or ordering goods, concerning the goods presented by MTSdevices in the online shop.
For contracts concerning the delivery of digital content, software licenses, or vouchers, these GTC apply accordingly, unless a derogation has been expressly agreed upon. For the delivery of software licenses, the seller provides the transfer of a license key for the use of provided software. The customer does not acquire any intellectual property rights to the software. The corresponding product description is essential for the quality of the software.
These general terms and conditions may refer to agreements for products (goods or services) in the form of a single delivery or ongoing deliveries ("subscription contract"). In the case of a subscription contract, MTSdevices undertakes to provide the product due under the contract for the agreed duration of the contract.
From time to time, the privacy policy or these general terms and conditions of the online shop will be adapted, supplemented, or amended. Each time you access or visit the website, the current and viewable versions apply. We invite you to regularly consult this page to be aware of the applicable provisions. If we make significant changes to this privacy policy, we will notify you through a notice on our websites and/or in our mobile applications, as well as through an updated version of the privacy policy. If you do not agree with the amended terms, we will ask you to object in writing by sending an email to contact@mtsdevices.com and to delete your user profile, if you have created one, until the changes take effect. Without your unsubscription, your user profile will continue to exist after the effective date under the amended provisions.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial activity or their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
Orders can only be placed by persons over 18 years of age. Customers under 18 years of age require the signature of their legal representative.
These general terms and conditions apply exclusively. The customer's terms that are contrary to or deviate from these terms are not recognized, unless MTSdevices has expressly accepted them in writing in a specific case.
2) Registration
Any order of goods requires registration as a customer or the creation of a user profile with MTSdevices. Multiple registrations under different names or addresses are not permitted.
Registration can be revoked by MTSdevices at any time and without reason. In this case, MTSdevices is entitled to immediately block and delete the corresponding username and password.
3) Conclusion of contract
The presentation of MTSdevices Sàrl's product range in the online shop does not constitute an offer to conclude a purchase contract with the customer. It is not binding.
By clicking the "Buy now" button, the customer submits a binding purchase offer.
By placing an order with MTSdevices via the internet (online shop), email, telephone, or other communication channels, the customer submits an offer to conclude a purchase contract with MTSdevices. The customer receives an order receipt confirmation ("order receipt confirmation"). This confirmation does not constitute acceptance of the offer but is solely intended to inform the customer that the order has been received by MTSdevices. If applicable, MTSdevices will separately inform the customer of any errors in the product range information on the website and submit a corresponding counter-offer to the customer.
The contract with MTSdevices is concluded when MTSdevices expressly accepts this offer ("Order Confirmation") or when MTSdevices sends the ordered product to the customer.
Acceptance is subject to the legal admissibility and availability of the ordered product or service. If MTSdevices cannot accept the customer's offer, the customer will be informed of the unavailability instead of order acceptance. Temporarily unavailable products will be notified to the customer, and the customer's order remains valid.
Price fluctuations are possible. The price at the time of submitting the offer is decisive.
4) Prices
For the purchase and ordering of goods and services, the prices indicated at the time of purchase and order are in euros. Prices are subject to change without notice.
All invoices include value-added tax (VAT).
Prices do not include additional shipping costs (between MTSdevices and the customer).
5) Collection at the company's headquarters
After prior telephone notification, it is possible to collect goods at an agreed business location of MTSdevices.
In the event of goods collection, the contract with MTSdevices is concluded when MTSdevices explicitly accepts the offer ("order confirmation") or when MTSdevices hands over the ordered product to the customer.
6) Delivery, shipping costs
MTSdevices will deliver the ordered product to the address specified by the customer in the order or (if chosen as payment method) to the address filed with PayPal as soon as possible. MTSdevices is authorized to make partial deliveries and services at any time, provided these are reasonable for the customer. If partial deliveries are made by MTSdevices, MTSdevices will bear the additional shipping costs.
Delivery is made at the shipping costs indicated in each individual case.
Delivery time is normally 1 to 3 working days. Information regarding the estimated delivery time is non-binding.
Digital content, vouchers, and software license keys are provided to the customer exclusively in electronic form (i) by download or (ii) by email, at the discretion of MTSdevices.
7) Granting of rights of use for digital content and software licenses
Unless otherwise indicated in the description on MTSdevices' online shop website, MTSdevices grants the customer the non-exclusive, time and spatially unlimited right to use the provided content for private and professional purposes.
The provision of a license key for a software license gives the customer the right to use the software or content as described in the product description and license agreement to the extent described.
The transmission of content to third parties or the creation of copies for third parties outside the scope of these GTC or license terms is not permitted, unless the seller has agreed to the transfer of the contractual license to third parties.
The granting of rights is effective only when the customer has fully paid the agreed contractual remuneration.
8) Retention of title, termination of contract
All delivered goods remain the property of MTSdevices until full payment for them.
If the customer behaves contrary to the contract, in particular if the customer does not fulfill their payment obligation despite a reminder from MTSdevices, MTSdevices may terminate the contract after setting a reasonable deadline in advance and demand the return of the goods that are still in its possession. The repossession of the goods or seizure by MTSdevices constitutes termination of the contract. Shipping costs incurred in this case are borne by the customer. MTSdevices is authorized to dispose of the goods after their return.
9) Duration and termination of subscription contracts
Subscription contracts are concluded for an indefinite period, but at least for the minimum duration indicated in the product description concerned in MTSdevices' online shop. The subscription contract can be terminated during the minimum duration, at any time at the end of the minimum duration, and, after the expiration of the minimum duration, at any time with a notice period of 14 days, in writing or by email to the addresses indicated in article 13.
The right to extraordinary termination for good cause remains unchanged. There is good cause if, taking into account all circumstances of the individual case and the interests of both parties, it cannot reasonably be expected of the terminating party to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.
10) Due date and payment
MTSdevices only accepts the payment methods displayed to the customer (in the online shop) during the ordering process. MTSdevices reserves the right to agree in writing with its customers on a payment method different from that mentioned in this section.
For payment processing via the online shop, MTSdevices uses third-party payment solutions to allow the customer to pay easily and securely with credit cards and other payment methods.
The purchase price as well as any shipping costs are due upon conclusion of the contract - subject to paragraph (3).
MTSdevices may demand advance payment without giving reasons. The order will be processed after receipt of payment. MTSdevices reserves the right not to conclude a contract if the result of a credit check is negative. Furthermore, we reserve the right to offer only certain payment methods, depending on the customer's creditworthiness.
If the customer is late in payment, MTSdevices is entitled to charge a flat rate for reminder fees as specified in the ordering process. It is not contrary to MTSdevices' right to claim higher damages, particularly regarding the enforcement of the claim by a collection agency or a lawyer.
Vouchers for the MTSdevices online shop can only be redeemed before the end of the ordering process. Subsequent compensation is not possible.
Vouchers can only be used under the conditions indicated on the voucher and exclusively for the product groups indicated on the voucher. Some products may be excluded from the voucher offer.
Vouchers or discounts authorized by law (e.g., quantity discounts) cannot be combined in an order. The value of the voucher cannot be paid in cash.
The voucher is transferable. MTSdevices may make payments with discharging effect to the respective holder who redeems the voucher in the online shop.
11) Revocation
If, as a customer, you are a consumer (B2C), you have the right to revoke your declaration of intent to conclude the contract, without stating reasons, within a maximum of 14 days from receipt of the goods by returning the goods to MTSdevices. The customer must also inform MTSdevices of the revocation in writing (e.g., by letter or email) within the same period. The period begins on the day the goods are shipped or collected. Sending the goods within the deadline is sufficient to meet the withdrawal period. Written revocation (here) must be sent to the address mentioned in article 13 or by email to contact@MTSdevices.com. The burden of proof for sending the returned goods lies with the customer.
Revocation is excluded and does not apply to:
- the delivery of goods that are custom-made for the customer or are clearly adapted to the customer's personal needs. The customer is obliged to accept and pay for all parts without exception;
- the delivery of sealed goods that cannot be returned for reasons of health protection or hygiene, if their seal has been removed after delivery;
- Deliveries of medicines cannot be returned;
- Supplies of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the provision of services related to leisure activities, unless otherwise agreed, if the contract provides for a specific date or period for the provision.
In the event of effective revocation or termination of the contract, both parties must return the services already received. If the customer can only return the received goods in a degraded condition, they must compensate MTSdevices for the reduced value.
The customer must bear the costs and risks of the return shipment, unless the delivered goods do not correspond to the ordered goods.
MTSdevices will exercise its right of retention until the goods are fully returned.
In the event of exclusion of the right of revocation and return, the customer must bear the costs of reshipping the goods.
Persons who purchase goods or services for professional purposes, including students who purchase for such purposes, are not considered consumers within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
Cancellation Policy
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took or takes possession of the last goods.
To exercise your right of withdrawal, you must inform us
MTSdevices , Rue de la Clé du Pré 6, 2853 Courfaivre, Switzerland, e-mail: contact@MTSdevices.com) by means of a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form (here) for this purpose, but this is not mandatory.
To meet the revocation deadline, it is sufficient for you to send the notification of the exercise of the right of revocation before the revocation period expires.
Consequences of revocation
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the termination of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
We will bear the cost of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties and functionality.
Exclusion/extinction of the right of revocation: The right of withdrawal does not exist, among other things, for contracts for the delivery of goods that are not pre-fabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly adapted to the personal needs of the consumer, and it expires prematurely for contracts for the delivery of sealed goods that cannot be returned for reasons of health protection or hygiene if their seal has been removed after delivery.
Voluntary return guarantee: For all purchases from the MTSdevices range, we grant you a total 30-day voluntary return guarantee from receipt of the goods, in addition to the statutory right of withdrawal. You can terminate the contract even after the expiry of the 14-day withdrawal period by returning the goods to us within 30 days of their receipt (the period begins the day after receipt of the goods), provided that the goods are complete and in their original packaging, have not been used and are not damaged, and have not been specially manufactured to customer specifications or clearly adapted to their personal needs. Timely dispatch is sufficient to meet the deadline.
Goods must be returned to: MTSdevices , Rue de la Clé du Pré 6, 2853 Courfaivre, Switzerland.
The voluntary return guarantee granted by the contract does not affect your statutory rights and claims. In particular, your statutory right of withdrawal and your statutory warranty rights remain unchanged.
12) Warranty and liability
If the delivered goods have defects at the time of transfer of risk, e.g. manufacturing defects, or in case of incorrect delivery, please inform us immediately. However, the absence of a complaint has no consequence on your legal rights. For all defects in the purchased goods occurring during the statutory warranty period, the statutory rights to subsequent performance, repair of defects or new delivery apply at your discretion, as well as - if the legal conditions are met - the more extensive rights to reduction or termination and, in addition, to damages, including compensation for damage instead of performance and compensation for your unnecessary expenses. Insofar as we grant you a seller's warranty, the details result from the warranty conditions that are attached to the delivered item. Warranty rights are without prejudice to statutory rights.
Liability is governed by the applicable legal provisions. MTSdevices' liability is excluded in cases of (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delayed delivery, as well as (v) acts and omissions of MTSdevices' auxiliaries, whether contractual or non-contractual.
In addition, MTSdevices is not responsible for damages resulting from the following:
- Improper, non-contractual or illegal storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (e.g., power supply);
- lack of maintenance and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular damages caused by natural hazards, humidity, falls, shocks, etc. for which MTSdevices is not responsible, and official injunctions.
The service provider responsible for carrying out the work is responsible for defects, delays in performance and damages that occur during the performance of service activities (e.g., on-site installations).
MTSdevices' liability is excluded in case of possible printing errors in advertising material, data errors in the online shop, incorrect price indications, errors in illustrations, product descriptions or other texts such as promotions in the form of vouchers or discounts, as well as delayed or non-delivery.
13) Addresses
Supplier and contractual partner for offers on this website:
MTSdevices Sàrl
Rue de la Clé du Pré 6
2853 Courfaivre
Switzerland
E-mail: contact@MTSdevices.com
14) Data protection, copyright, trademark rights
The privacy policy is an integral part of these GTC. By accepting these general terms and conditions, the customer also accepts the privacy policy.
All trademarks, images and copyrights are the property of MTSdevices Sàrl or its partners. The download, saving, copying or printing of data, images and PDF files, even in part, requires the written permission of MTSdevices. All rights reserved. Any other use by the customer for purposes other than those serving the purpose of the product is not permitted.
This information has been translated for the convenience of the parties concerned. In case of discrepancies or conflicts between the translated version and the original English version, the English version shall prevail and be considered the legally binding and authoritative version. It is hereby acknowledged that the translation was generated by machine translation and, while efforts have been made to ensure accuracy, no guarantee is given as to the completeness, accuracy or reliability of the translation.
