GENERAL TERMS AND CONDITIONS

1. Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between ADT Swiss Sàrl. (hereinafter referred to as "ADT Swiss Sàrl", "us" or "we") and the customer (hereinafter referred to as "customer", "buyer" or "you") for physical products (hereinafter referred to as "products" or "goods") purchased via our website www.mateandco.ch (hereinafter referred to as "Online Shop" or "Website").

The online shop is operated by:

ADT Swiss Sàrl
N° IDE CHE-341.385.845

Avenue de Collonge 18
1820 Territet

+4179.354.94.43
info@mateandco.ch

Individual agreements concluded with the customer shall take precedence over these GTC. Opposing conditions of the customer are not recognized.

ADT Swiss Sàrl reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the Website. The relevant time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.

Please read these terms and conditions carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to conclude legally binding contracts and that you are at least 18 years old.

2. Conclusion of a contract

The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the online shop. ADT Swiss Sàrl expressly reserves the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for ADT Swiss Sàrl.

The customer can place a binding order for the products selected by him/her via our Online Shop. The customer can put the products he/she selects into the "shopping cart". This is not yet considered a binding order. An order shall only be deemed to be binding when the customer clicks on the button "payment" on the order page at the end of the ordering process. Subject to a written request by the client and provided that the shipment of the product is not in the process of execution, the client may at any time amend the data they have entered, identify any errors, and rectify them if necessary.

An order confirmation is sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the information of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a contract of sale. By sending the order you confirm that you have read the terms and conditions and that you agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer.

After you have placed a binding order, ADT Swiss Sàrl. is free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded when the order is cancelled. Reasons for the rejection of an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is a justified reason to believe that the customer is acting contrary to these terms and conditions, individual contracts, fraudulent or other criminal activities, or for any other important reason.

When the order is accepted, a binding purchase agreement with the customer is concluded. This acceptance takes place by shipping the ordered products.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and reservation of performance for products not available

All information about the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.

Our products are available as long as our stock lasts. If ADT Swiss Sàrl discovers during the processing of your order that the products you ordered are not available, we will inform you immediately. In this case, a contract for the non-available products will not be concluded as the ordered products cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case we will inform the customer by e-mail accordingly.

4. Prices and shipping costs

Our products and prices correspond to those indicated on the Website. All prices are provided in CHF (Swiss Francs) and include the statutory value added tax (VAT) subject to any contrary indication provided on the website and the final invoice. The total price of your order, including all additional charges and shipping costs, is displayed at the end of the ordering process. Depending on the delivery method, the following must be adjusted: For shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and must be paid by the customer.

By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.

ADT Swiss Sàrl reserves the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.

5. Payment conditions

Orders are generally due for payment immediately.

The customer has the option to pay with the means of payment, which are shown on the Website or during the ordering process. These may change from time to time and vary from country to country. In addition, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods used by us (for example, to protect our credit risk only those that correspond to the respective credit rating). ADT Swiss Sàrl is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.

By choosing the means of payment, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorizes ADT Swiss Sàrl to accept or collect payments by the appropriate means. Should there be a chargeback, ADT Swiss Sàrl shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, ADT Swiss Sàrl shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address details and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, ADT Swiss Sàrl reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately.

6. Delivery conditions

The delivery is generally made by the delivery service of the Swiss Post SA. The shipping fees are calculated at the time of the conclusion of the sale, and the resulting costs must be paid in advance by the client. For deliveries to Switzerland, the shipping costs are paid by ADT Swiss Sàrl Ltd. For deliveries to the EU the following delivery services are used: Swiss Post SA. or couriers such as DHL, TNT. The desired delivery service can be defined during the ordering process. The costs incurred must be paid in advance by the buyer.

The products you order from our Online Shop and which are in stock will be delivered to you within 7 working days after receipt of full payment, depending on the destination. You can use the tracking number to track the current location of your order.

If the products are marked as out of stock when you place your order, ADT Swiss Sàrl will endeavor to deliver the products as soon as possible. ADT Swiss Sàrl will make every effort to meet the delivery times indicated. However, ADT Swiss Sàrl is not responsible for delays in delivery, regardless of the cause. We will inform you immediately of any delays in delivery.

If the prevention of performance lasts more than 2 weeks after the original delivery date, the customer is entitled to cancel his/her order. Further claims, in particular claims for damages, are excluded.

If the delivery of the product fails due to the fault of the client despite two delivery attempts, ADT Swiss Sàrl may withdraw from the contract. In such a case, any payments already made will be refunded immediately, subject to the deduction of costs incurred by the delivery companies as well as a penalty of CHF 50.00 as administrative fees, irrespective of the order value.

Any order below CHF 50.00 will not be refunded in order to cover penalty fees. For orders under CHF 50.00 that result in a penalty following two delivery attempts, ADT Swiss Sàrl cannot claim the difference between the order amount and the administrative fee of CHF 50.00.

7. Retention of title

ADT Swiss Sàrl remains the owner of the delivered products until they have been paid in full.

8.  Right of revocation dans return of goods

Requirements

For any purchase of our products via our online store (with the exception of certain products; see below for revocation restrictions), you, as a consumer, have a right of revocation within 7 days of receipt of the products, without the need to provide any reasons.

Within 7 days of receipt of the goods, the contract may be revoked exclusively in writing (via email).

The 7-day return period begins on the day of receipt of the goods and is valid provided the revocation notice is sent to ADT Swiss Sàrl no later than the last day of the period.

The condition for exercising the right of revocation is that the goods have not been used, are returned in their entirety, undamaged, and, if possible, in their original packaging. The goods, along with the duly completed acknowledgment of receipt, must be sent to the following address:

ADT Swiss Sàrl, Rue du Montagnier 116, 1868 Collombey

Consequences of the revocation

If you terminate the contract and duly return the goods, we will refund the full price of the goods,

excluding delivery fees as well as any resulting costs if you have opted for a delivery method different from the standard, more advantageous delivery method that we offer, within a maximum period of 30 days from the date we acknowledge receipt of the contract revocation or the returned goods. The refund will be made using the initial payment method and will always be credited to the account used for payment, unless expressly agreed otherwise; no fees will be charged to you for this refund.  We kindly ask you to ensure access to the indicated bank account, as ADT Swiss Sàrl does not assume any responsibility in this regard.

We may defer the refund until the goods have been recovered or until you have provided proof of shipment of the goods, whichever occurs first.

You shall only bear the cost of any depreciation in the value of the goods if it results from handling that was not necessary for checking the characteristics, properties, and functioning of the goods.

Restrictions on withdrawal

The right of revocation does not apply to the following contracts:

·       Delivery of products that have been prepared according to your own specifications or those that have been clearly tailored to your needs (customized or individualized products);

 

·       When the delivery concerns products that have been opened after delivery and can no longer be returned for reasons of health or hygiene.

9. Notice of Defects, Warranty

ADT Swiss Sàrl warrants that the goods correspond to the warranted characteristics and that they have no defects that could affect their value or their suitability for the intended use.

ADT Swiss Sàrl and the buyer agree that warranty claims for defects in the delivered goods are excluded under the following conditions:

1. Visible defects: Upon receipt of the goods, the customer must immediately inspect the product for correctness, completeness, and any damage. Any defects or damage must be reported to ADT Swiss Sàrl within 2 working days. Defects that could not be identified during a proper inspection and only become apparent later must be reported in writing immediately upon discovery. If you fail to inspect the product or notify us promptly, the goods shall be deemed accepted and you will no longer be entitled to assert any claims against us.
2. Improper use: Warranty coverage is excluded for defects resulting from improper use, inadequate maintenance, or unauthorized modifications to the product.
3. Concealed defects: This clause does not apply to defects intentionally concealed by the seller. In such cases, the buyer may exercise their rights in accordance with applicable legal provisions.

The customer’s warranty claims are limited to replacement delivery or remedy of defects, excluding all other claims, in particular reduction or compensation for indirect or consequential damages. ADT Swiss Sàrl shall decide at its sole discretion whether to provide a replacement or repair the product. If replacement or repair fails, the customer shall be entitled to withdraw from the contract in the event of significant defects.

For complaints or technical inquiries, please contact us at the following address, including your order number, customer number, a description of the defect, and any other relevant information:

info@mateandco.ch

The defective product must be returned to the above-mentioned address of ADT Swiss Sàrl along with a copy of the invoice and a detailed description of the defect. The return is at the customer’s expense and risk. Please retain proof of shipment, as we cannot process your warranty claim if the package is lost.

10. Registration for an account

Once you have created and registered a customer account, you can view the status of your completed, open, or recently placed orders, manage your address details, and store optional payment information or newsletter preferences. Since your data is saved, you will not need to re-enter it for future purchases.

By registering for such an account, you confirm that the personal data provided is complete and accurate. You are responsible for keeping your login credentials confidential and must not share them with unauthorized third parties. ADT Swiss Sàrl guarantees to treat your data confidentially and not to disclose it to unauthorized third parties. Further information on data protection is available in our privacy policy on our website.

Registration is free of charge. Each customer is entitled to maintain only one account. We reserve the right to delete duplicate registrations and to warn, block, delete, or modify the content of accounts that violate our Terms and Conditions or individual agreements.

ADT Swiss Sàrl is under no obligation to approve a customer registration or to accept an order from a registered customer.

11. Complaints and Claims

We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided above. We will make every effort to respond to your enquiries and examine your complaints as promptly as possible. We will contact you after receiving the relevant documents, submissions, or complaints.

If you wish to file a complaint or claim, please help us by clearly describing the issue and, if applicable, including a copy of your order or at least your order number and customer number. We will endeavor to respond within 7 working days.

12. Liability

ADT Swiss Sàrl is liable for breaches of its own obligations arising from these General Terms and Conditions (GTC) and the contractual relationships based on them. Liability is expressly excluded in cases of negligence or damage not caused by unlawful intent or gross negligence.

Indirect damages include, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses, or loss of data due to temporary impairment or interruption of ADT Swiss Sàrl’s services. Furthermore, ADT Swiss Sàrl accepts no contractual or non-contractual liability for damage caused by auxiliary persons engaged to provide the service.

The above exclusions and limitations of liability shall not apply in cases of culpable injury to life, body or health directly caused by ADT Swiss Sàrl, or in the event of mandatory statutory provisions, including those under the Product Liability Act.

Subject to the foregoing, total liability under these GTC shall be limited—regardless of the legal basis and to the extent permitted by law—to the price of the goods ordered by the customer.

Matters Beyond Our Control

In the event of circumstances beyond our control (force majeure), we do not assume any liability or responsibility for the non-fulfilment or delayed fulfilment of obligations arising from these GTC or the related contractual relationship. Events outside our sphere of influence include, for example:

Strikes, blockades or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics, other natural disasters, failure of public or private communication networks, or the inability to use rail, shipping, air, road or other means of public or private transport.

Should such an event occur and affect the fulfilment of our contractual obligations, we will inform you as soon as reasonably possible.

13.  Data Protection

ADT Swiss Sàrl collects and processes personal data solely within the scope of applicable legal provisions, with particular attention to compliance with current data protection laws. Further information regarding the processing of your personal data, your rights, and related matters can be found in our privacy policy available on our website. This information forms an integral part of these General Terms and Conditions (GTC).

14.  Copy Right

The information and content published on the website are protected by copyright and are the property of ADT Swiss Sàrl or the respective rights holder. Any reproduction, processing, distribution, or other form of use requires the prior written consent of the rights holder. ADT Swiss Sàrl and the rights holder expressly reserve all rights in this regard.

15. Severability Clause

If any provision of these General Terms and Conditions (GTC) is or becomes illegal, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be replaced by a valid one that reflects, as closely as possible, the original economic intent and the will of the parties at the time the contract was concluded. The same applies to any legal gaps in these GTC.

16.  Online Dispute Resolution

The European Commission has set up an online platform for alternative dispute resolution (ADR) for EU-based consumers, which provides an out-of-court procedure for settling all disputes arising from and in connection with online sales contracts. You can use this platform to settle disputes arising from the online contract concluded with us. The platform is available under the following link:
http://ec.europa.eu/consumers/odr/. 

17. Applicable Law and Venue

These General Terms and Conditions (GTC), the contractual relationships arising from them, and any disputes shall be governed exclusively by Swiss substantive law, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is the registered office of ADT Swiss Sàr