General Terms and Conditions
Roombastic AG, CH-6330 Cham
1) Scope of application
The general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via the online stores www.irobot.ch and www.irobotics.ch (hereinafter referred to as "online store"). Roombastic AG reserves the right to change these GTC at any time. The version of these terms and conditions valid at the time of the order is decisive. With the order of the goods or service these terms and conditions are considered as accepted. Any general terms and conditions of purchase of the purchaser are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing. The offer of products and services in the online store (hereinafter referred to as "offer") is directed exclusively to customers with residence or company headquarters in Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. The offer is valid as long as the product can be found in the online store and/or stocks last. Orders in quantities that are not usual for a household can be rejected without justification.
2.1) Product and price
Images of products in advertising, brochures, online store, etc. are for illustrative purposes and are not binding. The information about products is compiled in the online store as customer-friendly as possible, but is not binding. The manufacturer's specifications (e.g. manufacturer's warranty) are authoritative, provided that they are valid in Switzerland. The prices are net, in Swiss francs, including value added tax (VAT), plus transport costs if not otherwise agreed. Roombastic AG reserves the right to change the prices at any time. For goods in stock the price at the time of the order is decisive. In case of delivery bottlenecks as well as errands, the daily price on the day of order is valid.
2.2) Availability and delivery time
Roombastic AG attaches great importance to indicate availabilities and delivery times in the online store up-to-date and accurate. Especially due to production or delivery bottlenecks, however, there may be delays in delivery. All information about availability and delivery time are therefore without guarantee and can change at any time.
3) Conclusion of contract
The products and prices in the online store are considered an offer. However, this offer is always subject to the contract dissolving condition of an impossibility of delivery or an incorrect price indication. The contract is concluded as soon as the customer places his order in the online store, by phone or e-mail (hereinafter referred to as "contract"). The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not contain a promise that the product can actually be delivered. It merely indicates to the customer that the submitted order has arrived at the online store and thus that the contract has been concluded subject to the delivery option and the correct price information.
4) Delivery date
In principle, the products in the online store are delivered from stock within 48 hours, if this can not be met due to delivery bottlenecks or other reasons and the replacement takes more than 2 weeks, the customer will be notified in writing or by phone. Otherwise, backordered articles, without counter report of the customer, will be delivered to the customer after receipt.
Orders with an order value of CHF 150 or more will be shipped free of charge, below the order value of CHF 150 shipping costs of CHF 8 will be charged to the customer. The delivery address must be in Switzerland or Liechtenstein and registered with the post office. If this is not the case, the customer bears the possible cost consequences. If the customer does not accept the ordered products at the given delivery address, Roombastic AG can cancel the contract (cancel) and charge the customer the incurred delivery costs.
6) Duty of inspection
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage. In case of delivery by a forwarding agency, a possible delivery damage has to be reported directly to the driver, so that the damage can be claimed from the forwarding agency. Delivery damages, wrong and incomplete deliveries have to be reported to Roombastic AG within 8 calendar days. The customer is not allowed to use such a product and has to keep it as received in the original packaging until Roombastic AG contacts the customer.
7) Transfer of risk
The risk shall pass to the customer as soon as the shipment has been handed over to the company responsible for delivery. If the shipment is delayed or becomes impossible without our fault, the risk is transferred to the customer with the notification of readiness for shipment. An assumption of the transport costs by Roombastic AG agreed in individual cases has no influence on the transfer of risk.
The warranty in accordance with the following provisions is 2 years, unless otherwise expressly agreed in writing. If the manufacturer's warranty exceeds the warranty of Roombastic AG, Roombastic AG grants this to the customer as well. The warranty period starts with the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are exchanged or consumables are used, which do not correspond to the original specifications, any warranty is void, as far as the defect can be traced back to this. This also applies insofar as the defect is due to improper use, storage and handling of the equipment, or third-party intervention as well as the opening of equipment. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. A liability for normal wear and tear, as well as consumables/accessories/batteries/rechargeable batteries is excluded. Warranty claims against Roombastic AG are only entitled to the direct buyer and are not transferable.
9) Liability and disclaimer
Liability is governed by the applicable statutory provisions. However, Roombastic AG is in no case liable for slight negligence, indirect and consequential damages and lost profits, unrealized savings, as well as damages from delay in delivery, as well as any acts and omissions of the fishing employees of Roombastic AG, whether contractual or non-contractual.
Roombastic AG is not liable for damages caused by any of the following:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (e.g. power supply);
- failure to maintain and/or improper modification or repair of the products by the customer or a third party;
- force majeure, especially elementary, moisture, fall and impact damage, etc., for which Roombastic AG is not responsible, and official orders.
The service provider commissioned with the execution shall be liable for defects, delay in performance and damage arising during the execution of service providers (e.g. on-site installations).
10.1) Payment variants
Payments must be made in Swiss francs.
Cash payment is only possible in case of pickup at our central warehouse at Däntschgass 2, 4803 Vordemwald.
As a means of payment are accepted online banking, bank / or postal transfer, credit card (Mastercard, Visa, Paypal, Postfinance), cash on delivery.
When paying by credit card, the debit takes place when the order is placed.
In case of prepayment, the delivery will be made only after receipt of payment. If the payment is not made within 14 days after placing the order, Roombastic AG has the right to delete (cancel) the order.
10.2) Default of payment
If the customer does not fulfill his payment obligations completely or partially, all outstanding amounts, which the customer owes to Roombastic AG under any title, become due immediately (in case of advance payment within 10 calendar days since the 1st reminder) and Roombastic AG can claim them immediately and stop further deliveries of products to the clientele.
10.3) Retention of title
Ordered products remain property of Roombastic AG until full payment. Roombastic AG is entitled to make a corresponding entry in the retention of title register. Before transfer of ownership, pledging, transfer of ownership by way of security, processing or transformation is not permitted without the express consent of Roombastic AG.
11) Change of the order or cancellation
Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders of the customer can accept Roombastic AG at its discretion.
If a (partial) delivery impossibility occurs after an order or the conclusion of the contract according to point 3), the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer will be released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
There is a 14-day right of return on the ordered products. The condition for this is that the device is in an acceptable condition and functional. In any case, please contact our customer service first if a product does not meet your expectations and you want to return the goods. Our customer service will explain the process to you.
In the case of defective or faulty parts or devices, we require that these are recorded in our online service tool and sent or delivered to iRobotics GmbH, Däntschgass 2, 4803 Vordemwald, with a completed repair form, as well as a copy of the invoice with which the part or device was delivered. A return of defective products requires the prior consent of Roombastic AG and is at the expense and risk of the customer.
In case of parts or devices, which do not show any detectable defects, Roombastic AG reserves the right to charge the costs for the examination of the claimed defect as well as the shipping costs to the customer.
No new warranty periods shall come into force as a result of the replacement of parts, assemblies or entire devices. The warranty is limited exclusively to the repair or replacement of the damaged delivery items.
13) Other provisions
13.1) Division invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
13.2) Place of jurisdiction and applicable law
All legal relations between Roombastic AG and the customer are subject to Swiss substantive law. The place of jurisdiction is in Cham, Canton Zug