Terms and conditions
General Terms and Conditions of Sale of playmiros S.A.R.L.
1. Scope of Application
These General Terms and Conditions of Sale (“GTC”) apply to all activities of playmiros S.A.R.L. (hereinafter referred to as “the Company”).
The Company’s purpose is: the provision of consulting and other services in the fields of games and other recreational activities; the import, export, and sale of games, recreational equipment, and all other related products or goods. It may also carry out, either on its own behalf or on behalf of third parties, any financial, commercial, movable, or real estate transactions directly or indirectly related to its corporate purpose and may invest, in any form, in any similar enterprises, in particular by acquiring equity interests in such enterprises. The Company may also establish branches and subsidiaries in Switzerland and abroad.
2. Conclusion of the Contract
The contract is concluded upon the customer’s acceptance of the offer made by the Company in connection with the purchase of the Company’s services.
The contract is in all cases concluded as soon as the customer accepts the services offered by the Company and/or when they order products on the Company’s website or purchase its products directly.
orders products via the Company’s online store or purchases them directly.
3. Prices
Unless otherwise agreed, all prices are listed in Swiss francs (CHF). The Company reserves the right to list prices in other currencies depending on the countries in which its products are sold.
All prices quoted include any additional amounts related to value-added tax (VAT), where applicable. The applicable VAT rate is determined based on the country in question.
Prices do not include any other taxes that may apply. Prices do not include packaging and shipping costs.
The Company reserves the right to change its prices at any time. The prices listed apply at the time the contract is concluded.
4. Payment
The Company offers the customer the following payment methods: Credit card, Twint.
Generally, the purchase price must be paid in full by the customer upon conclusion of the contract. The Company will ship the ordered products as soon as the purchase price is paid. In certain cases, the Company may, at its sole discretion, issue an invoice to the customer and ship the ordered products before the purchase price has been paid.
The customer agrees to pay the invoice within 30 (thirty) days of the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will receive a reminder.
If the customer does not pay the invoice within the period specified in the reminder, they will automatically be in default of payment.
As of the date of the formal notice, the customer shall be liable for late payment interest at a rate of 5% (five percent).
The company reserves the right to demand advance payment at any time without having to provide a reason.
If the company also offers products for sale, rent, or any other use via an online platform, it may require electronic payment as part of the ordering process (credit cards, PayPal, or other payment systems).
Offsetting the invoiced amount against any claim the customer may have against the Company is not permitted.
In the event of late payment, the Company is entitled to refuse delivery or the provision of services.
5. Obligations of the Company
5.1. Delivery / Delivery Times
Delivery shall be made within 10 (ten) business days of receipt of the order.
If delivery within the specified timeframe is not possible, the Company shall notify the customer within 10 (ten) business days of receipt of the order and provide the new delivery date.
Unless otherwise agreed, the place of performance is the company’s registered office. The company fulfills its obligation by handing over the ordered products to the agreed carrier. If no carrier is designated, the company is free to choose a carrier. The choice of carrier shall not result in an increase in the agreed delivery costs.
All deliveries made under these GTC are subject to the terms and conditions ... (Incoterms 2010).
5.2. Provision of Services
Unless otherwise agreed, the company fulfills its obligation by providing the agreed-upon service. In the absence of other provisions, the place of performance is the company’s registered office.
5.3. Subcontractors
The parties have the express right to engage subcontractors for the performance of their contractual obligations. They must ensure that the engagement of such subcontractors complies with all mandatory legal provisions and any applicable collective bargaining agreements.
6. Customer’s Obligations
The client is required to take all necessary measures as soon as possible to enable the Company to provide its services. The client must take all such measures at the place, time, and in the manner agreed upon. Depending on the circumstances, the client shall also be required to provide the Company with all necessary information and documents.
7. Prohibition on Poaching
The client may not poach or hire employees or agents of the Company, whether for its own account or on behalf of a third party, without the Company’s express consent. The client is also prohibited from employing employees or agents of the Company, either directly or indirectly, even after the termination of the contractual relationship between the client and the Company. This prohibition remains in effect for one year following the termination of the employment relationship and is limited to the scope of work of the employees and agents concerned.
8. Acceptance
The customer agrees to sign the delivery receipt upon delivery of the ordered product and to immediately notify the Company of any defects they may have discovered.
9. Termination
Each party has the right to terminate the contract at any time. Expenses already incurred must be fully reimbursed by the other party. The right to claim damages is reserved in the event of termination of the contract at an inopportune time.
10. Warranty
The Company warrants that it will perform the agreed-upon services in accordance with customary quality standards.
11. Liability
Liability for direct damages is unlimited.
The client is required to immediately report any potential damage to the company. Any liability with respect to vicarious agents is entirely excluded.
12. Intellectual Property Rights
The Company holds all rights to the products and services it offers.
Neither these General Terms and Conditions nor the related individual agreements address the transfer of intellectual property rights, unless expressly provided for.
Furthermore, any reuse, publication, or distribution of information, images, texts, or any other elements that the customer receives in connection with these provisions is prohibited, unless expressly authorized by the Company.
The client must ensure that they do not infringe upon any third-party intellectual property rights when using content, images, texts, or figurative elements in connection with the Company.
13. Data Protection
The Company must process and use the data collected at the time of contract conclusion in order to fulfill its contractual obligations. The Company takes all necessary measures to ensure data protection in accordance with legal provisions. The customer agrees that their data may be stored and used in accordance with the contract and is aware that the Company may disclose their data or that of third parties in the event of orders from a court or an authority. Unless the customer has expressly excluded this, the Company is entitled to use their data for marketing purposes. Data necessary for the performance of the service may be transferred to service partners commissioned by the Company as well as to other third parties.
14. Entire Agreement
These General Terms and Conditions supersede all prior agreements or provisions. Only provisions set forth in individual contracts that specify these General Terms and Conditions shall take precedence over them.
15. Severability
The validity of these General Terms and Conditions shall not be affected if any of its provisions or any of its annexes is or should be declared null and void. In such a case, the null and void provision shall be replaced by a valid provision that most closely approximates the purpose intended by the null and void provision. The same applies in the event of any contractual gap.
16. Confidentiality
The client, the Company, and their agents undertake to keep confidential all information that has been exchanged or acquired in connection with the services provided. The confidentiality obligation shall continue even after the termination of the contract.
18. Force Majeure
If timely performance by the Company, its suppliers, or third parties it engages is prevented by a force majeure event, such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, acts of terrorism, sabotage, strikes, nuclear accidents, or damage to reactors, the company is released from the performance of the relevant obligations for the duration of the force majeure event as well as for a reasonable restart period following its conclusion. If the force majeure event lasts longer than 30 (thirty) days, the company may terminate the contract. The company must fully refund to the client any amounts already paid.
Any other claims, in particular claims for damages resulting from a force majeure event, are excluded.
19. Agents and Business Partners
The customer acknowledges that any business partners or agents operate autonomously and therefore independently of the company, and that any claims against them must be addressed directly to them. The company disclaims all liability in the event of a breach of contractual obligations by any agents or business partners.
20. Specific Provisions
If the sale does not proceed, the merchandise will be returned to the Swiss address provided by the customer after payment of a handling fee of CHF 6.00 per item, including VAT, and shipping costs.
The company retains a right of retention over the goods as well as the proceeds of the sale (Art. 434 CO in conjunction with Art. 895 et seq. CC).
If the handling fee is not paid, the company is entitled, after first informing the customer, to sell the goods and use the proceeds to cover its claims. The remaining balance is paid to the customer.
Both parties undertake, if the goods in question are cultural property within the meaning of Art. 1 of the 1970 UNESCO Convention (RS 0.444.1), to comply with the provisions of said convention as well as the Cultural Property Transfer Act (LTB) (RS 444.1).
If the goods are sold at auction, these GTC do not apply.
21. Governing Law / Jurisdiction
These GTC are governed by Swiss law.
Unless otherwise required by mandatory legal provisions, the court at the company’s registered office has jurisdiction. The company is free to bring an action at the defendant’s registered office.
The United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.