Terms and conditions

General Terms and Conditions (GTC)

November 2024

1. Scope of Application
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions conducted through the online shops at www.bestmarkings.ch (each referred to as “online shop”). Both online shops are operated by Bestmarkings (hereinafter referred to as “Bestmarkings”).
The GTC also apply to all transactions made under Bestmarkings’ Dealer Program (hereinafter referred to as “Dealer Program”). In this program, selected independent third-party vendors (hereinafter referred to as “Dealers”) can offer products and services in their own name and sell directly to customers through Bestmarkings’ online shops.
For products labeled as “used” in the online shop, the General Purchase Conditions for Resale Platforms (GKB) apply, which may deviate from these GTC.
Bestmarkings reserves the right to change these GTC at any time. The version of the GTC that is applicable at the time of the order will prevail and cannot be unilaterally modified for that order. Any conflicting or deviating terms from customers will not be recognized.
The offers of products and services in the online shop, particularly within the Dealer Program (hereinafter referred to as “Offer”), are directed solely at customers with a residence or registered office in Switzerland or Liechtenstein.
Deliveries are exclusively made to addresses in Switzerland or Liechtenstein.
The offer is valid as long as the product is searchable in the online shop and/or while supplies last.
For all product orders requiring a minimum age of 18 years (specifically for alcohol and tobacco), customers confirm compliance with these legal requirements by placing the order.
Orders in quantities that are not typical for household use may be rejected without justification.

2. Information
2.1 Product and Price
Images of products in advertisements, brochures, online shops, etc., are for illustrative purposes only and are non-binding.
All sales prices published in the online shop are final prices that include all taxes (especially VAT), any advance recycling fees (vRG), packaging costs, delivery costs, and any other applicable fees or charges. The only exception is a possible minimum quantity surcharge, which may be imposed by Bestmarkings. Additionally, a minimum quantity surcharge of up to CHF 50.00 will be charged if the total basket amount is less than CHF 150.00. Bestmarkings and the Dealers reserve the right to change the prices of offered products and services at any time. The price in the online shop at the time of the order is decisive for the purchase contract.
If the customer orders from a dealer based abroad who is not registered in the Swiss VAT register, the customer, as the importer of the products supplied by the dealer, is liable for Swiss import tax and any customs duties. The customer hereby authorizes Bestmarkings (or a third party designated by Bestmarkings) to submit the customs declaration for the products delivered by the dealer in Switzerland on the customer’s behalf and to pay the Swiss import duties (import tax and any customs duties). The expected Swiss import duties must be paid in advance by the customer to Bestmarkings together with the purchase price. Any difference between the estimated and the actual Swiss import duties incurred will be refunded to the customer. Bestmarkings will provide the customer with a customs duty notice in an appropriate format or enable electronic access to it. The customer must raise any objections regarding the customs duty notice within seven (7) working days of receipt or availability. After this period, the customer may not hold Bestmarkings liable for any defects in the customs duty notice.
Paid additional services ordered from Bestmarkings, such as assembly, disposal, warranty extensions, insurance, etc., are offered by Bestmarkings. Such additional services will be itemized separately in the shopping cart and on the invoice.
2.2 Availability and Delivery Time
Bestmarkings places great importance on providing accurate and up-to-date information on availability and delivery times in the online shop. However, due to production or delivery bottlenecks, there may be delays both at Bestmarkings and among Dealers. Therefore, all information regarding availability and delivery time is provided without guarantee and may change at any time.
2.3 Additional Services: Assembly and Disposal
Assembly includes the delivery, unpacking, and installation of the ordered products, including the return of the packaging materials.
Disposal includes the collection and environmentally friendly disposal of items specified by the customer at the time of ordering. These must approximately match the type and quantity of the ordered product. The items to be disposed of must be prepared by the customer for transport and be available on the agreed delivery date of the ordered products.
If the assembly service cannot be performed due to reasons attributable to the customer (e.g., failure to adhere to the assembly appointment, incorrect measurements, etc.), the customer has no right to a refund for the paid assembly service.
2.4 CO2 Compensation
Bestmarkings may offer customers the option to contribute up to 5% of the value of their purchase towards offsetting the CO2 emissions associated with their order. If this option is available, it will be displayed to the customer along with the amount of the climate contribution in the order overview. Bestmarkings collects the climate contribution with the assistance of a third party. The contributions will be allocated to selected environmental projects. For more information, click here. Once the order has been prepared for shipment, the paid climate contribution cannot be refunded. Bestmarkings does not guarantee that information, assurances, or calculations regarding the climate contribution provided by Bestmarkings or the third party are accurate.

3 Conclusion of Contract
The products and prices listed in the online shop are considered an offer. However, this offer is always contingent on the possibility of delivery and the accuracy of the price.
A purchase contract for products or services from Bestmarkings is established when the customer places an order through the online shop, in a physical store, by phone, or via email (referred to as the “purchase contract”).
For products and services offered by a dealer, the contract is directly formed between the dealer and the customer at the time of the order. Bestmarkings acts solely as an intermediary and does not become a contractual partner in this case. For products offered by a dealer in Germany not registered in the Swiss VAT register, the purchase contract is concluded at the specified price in euros, and the customer must pay in Swiss francs.
The online shop and the invoice clearly indicate who the provider is (Bestmarkings or a dealer).
The customer will receive an automatically generated order confirmation via email from Bestmarkings upon receipt of their order. This confirmation does not guarantee that the product can be delivered; it merely confirms that the order has been received and that a contract has been established, subject to availability and correct pricing.

4 Delivery Date
Along with the order confirmation, the customer will either be given a provisional delivery date or contacted to arrange a specific delivery time.
If Bestmarkings or the dealer fails to deliver on time, the customer has the right (except for special orders) to withdraw from the contract after 150 calendar days from the originally announced delivery date. In this case, Bestmarkings will refund any amounts already paid. No further claims against Bestmarkings or the dealer will be accepted.

5 Delivery / Store Pickup
Customers have access to all delivery and pickup options available in the online shop under “Delivery and Pickup” for products and services from Bestmarkings.
Products purchased from a dealer can only be delivered via shipping.
The delivery address must be easily accessible by truck and located in Switzerland or Liechtenstein. If not, the customer will bear any additional costs.
If the customer chooses the “Delivery to the Usage Location” option, they are responsible for ensuring access to that location. The customer must verify that the product can fit through any necessary access points (e.g., doorways, staircases). If the product cannot be delivered to the intended location, any extra costs will be the customer’s responsibility.
If the customer does not accept the ordered products on the agreed delivery date, Bestmarkings or the dealer may cancel the contract and charge the customer for any delivery costs incurred and potential loss in value.
If the customer does not pick up products ordered for store pickup within 14 calendar days from the notification of readiness, Bestmarkings may cancel the contract.

6 Duty to Inspect
Customers must immediately check delivered or picked-up products for accuracy, completeness, and any damage.
For freight deliveries, any damage must be noted on the delivery note.
Customers must report any delivery damages, incorrect, or incomplete deliveries to Bestmarkings within 5 calendar days of pickup or delivery. Such reports must be made through the customer’s account in the online shop under “Returns, Repairs, and Support.” The product must not be used and should be kept in its original packaging, following the return process outlined in the customer account.

7 Warranty
7.1 General Provisions
Bestmarkings or the dealer guarantees the product’s freedom from defects and functionality for 2 years after delivery or store pickup. The warranty period continues regardless of any warranty services provided. Bestmarkings or the dealer may fulfill the warranty through:
• Free repair (original warranty period continues for the entire product);
• Partial or complete replacement with an equivalent used product (if replaced in the first year, the original warranty continues; if in the second year, the warranty is 1 year from replacement);
• Replacement with a new product from Bestmarkings (new warranty period of 2 years from replacement);
• Credit at current market value (up to the sale price at the time of order); or
• Price reduction.
Consumables, such as batteries and cables, are excluded from the warranty. Liability exclusions per Section 8 also apply.
If the manufacturer’s warranty exceeds Bestmarkings or the dealer’s warranty, the customer will also receive that warranty.
When handing over a data carrier or product with storage, complete data loss may occur, and the customer is responsible for data backup. Bestmarkings and the dealer accept no liability for data loss.
Both Bestmarkings and the dealer may provide a replacement device at their discretion during the warranty claim process (replacement pending confirmation). Ownership of the replacement product is only transferred once the warranty is confirmed. If a warranty claim is denied, the customer may purchase the replacement at its value or return it at their expense.
All further claims, especially statutory warranty claims, are excluded.
7.2 Provisions for Used Goods
Different provisions apply to discounted products labeled “Like New + Checked,” “Used + Checked,” or “Refurbished.” These products may have minor cosmetic defects, which are excluded from the warranty. The warranty period for these products is at least one year after delivery or store pickup.
Customers acknowledge they are purchasing a used electronic product that may contain personal data from the previous owner, and Bestmarkings and the dealer disclaim any liability.
7.3 Warranty Extension
Customers can purchase an extension of the warranty for an additional 12 or 36 months, prolonging the existing warranty. This extension can be purchased during the product purchase or up to 30 days before the original warranty expires, provided no defect has occurred.
The duration of the warranty extension continues regardless of any warranty services provided. Bestmarkings may fulfill the warranty through:
• Free repair (the original warranty period continues for the entire product);
• Partial or complete replacement with an equivalent used product;
• Replacement with a new product from Bestmarkings;
• Credit based on the product’s current value.
For warranty extensions with “Pick-up & Return,” an appointment will be made for pickup and delivery to the customer’s address. The device must be properly packaged and ready at the scheduled time. All shipments will be picked up and delivered at the curbside.
7.4 Warranty Extension / Express Replacement Service
Customers can enhance the warranty of a purchased product with an Express Replacement Service, which applies throughout the warranty period. In the event of a warranty claim, this service allows for quick replacement without waiting for repairs. Bestmarkings will replace the defective product within one working day or refund the purchase price. Bestmarkings will also cover shipping costs for the return of the defective product. The new warranty period for replaced products is two years. The Express Replacement Service is available for a product and does not apply to the replacement product.

8 Liability and Disclaimer
8.1 Liability
Liability is governed by applicable law. Bestmarkings or the retailer shall not be liable for (i) slight negligence, (ii) indirect or consequential damages, (iii) unrealized savings, (iv) damages from delivery delays, or (v) actions and omissions by agents of Bestmarkings or the retailer. Bestmarkings also disclaims liability in cases of:
• Improper storage, installation, or use of products;
• Use of incompatible parts;
• Neglected maintenance or improper repairs;
• Force majeure events not attributable to Bestmarkings.
8.2 Limitation of Liability
Bestmarkings excludes liability for any losses or damages arising from the use of its websites or links to third-party sites. Bestmarkings does not guarantee error-free functionality of its website components and disclaims liability for unauthorized manipulations of users’ IT systems.
8.3 Customer Obligations
Customers must keep their login credentials confidential and take measures to protect their accounts. All actions, especially orders made through the customer account, are the customer’s responsibility.

9 Payment
9.1 Payment Methods
All payment claims for products and services are made directly to the customer by Bestmarkings. The retailer assigns payment claims to Bestmarkings, and the customer must pay exclusively to Bestmarkings in Swiss francs. Cash payment is only allowed for Bestmarkings products during in-store pickups.
Payment methods available are listed under “Payment Options.” Fees for payment methods may apply and will be detailed during the ordering process. For credit card payments, charges occur at the time of order. Delivery for prepayment occurs after payment receipt.
9.2 Payment Default
If a customer fails to meet payment obligations, all outstanding amounts become due immediately. Bestmarkings may charge reminder fees and, if necessary, transfer debts to a collection agency, potentially adding interest charges.
9.3 Retention of Title
Products remain the property of Bestmarkings until full payment is made. Bestmarkings reserves the right to register this retention of title.

10 Order Modification or Cancellation
Orders bind customers to accept products. Changes or cancellations may incur a fee of 20% of the order value, with a minimum charge of CHF 60. If a delivery impossibility arises, customers will be notified and may receive a refund.

11 Return of Non-defective Goods
Returns are accepted under specified conditions. Customers must register returns via their account and ensure products are properly packed. Damaged items will not be accepted. Bestmarkings will refund the purchase price minus applicable fees, with free returns for clothing and shoes.

12 Repairs Outside Warranty
Customers are responsible for costs associated with repairs not covered by warranty. If no defects are found, inspection costs may also be charged.

13 Community Contributions
By posting in our community, authors agree to the community terms.

14 Additional Provisions
14.1 Unassignable Returns
Returns that cannot be assigned will be kept for six months before disposal.
14.2 Uncollected Warranty Goods
Goods not collected within six months may be disposed of by Bestmarkings.
14.3 Data Protection
Bestmarkings processes personal data according to its privacy policy.
14.4 Severability
If any provision is invalid, it does not affect the validity of the remaining provisions.
14.5 Jurisdiction and Applicable Law
All legal relationships are governed by Swiss law, excluding the Vienna Sales Convention. Jurisdiction is determined by the customer’s residence or Zurich, depending on the case.