Terms of service

1. Scope

These general conditions of sale (“CGV”) apply to all orders placed on the shopyphone.ch website with Microwest + Shopy Phone Sàrl (“the Company”).

The version of the General Terms and Conditions in force at the time of the order is the one which applies to the contract concluded with the customer.

The sales and deliveries offered on the site are exclusively intended for addresses located in Switzerland.

2. Products

The products offered for sale on the site are mainly reconditioned or used smartphones, unless expressly indicated otherwise on the product sheet.

The products are offered while stocks last.

The photographs, visuals, descriptions and technical characteristics are provided for information purposes only. The images have no contractual value. In the event of a discrepancy between the visuals and the written description of a product, the description appearing on the product sheet prevails.

The aesthetic condition, storage capacity, color and any accessories included are specified, where possible, on the product sheet.

3. Order and conclusion of contract

The customer selects the desired products, adds them to their basket, then validates their order by following the process indicated on the site.

Before final validation, the customer can check and correct the details of his order, in particular the products selected, the quantities, the total price, the delivery costs and his contact details.

The order becomes firm after validation of the basket, acceptance of these General Terms and Conditions and confirmation of payment, subject to product availability.

An order confirmation is sent by e-mail to the address provided by the customer.

The Company reserves the right to refuse or cancel an order in the event of a manifest pricing error, suspicion of fraud, incomplete or incorrect information, payment problem or unavailability of the product.

4. Price

The prices displayed on the site are indicated in Swiss francs (CHF).

They correspond to the price actually payable and include applicable mandatory taxes, unless otherwise authorized by legislation.

Delivery costs are indicated separately before final validation of the order.

The Company reserves the right to modify its prices at any time. The applicable price is that displayed at the time of ordering.

5. Payment

Payment is made according to the payment methods offered on the site at the time of the order.

The order is processed after confirmation of full payment, unless otherwise indicated on the site.

In the event of a refund, this is made by the same means of payment as that used when ordering, unless otherwise agreed or technically impossible.

6. Availability

The products are offered for sale while stocks last.

Despite regular updating of the site, a product may exceptionally no longer be available after validation of the order.

In this case, the customer will be informed as soon as possible. The Company may offer an equivalent product, subject to the customer's agreement, or provide a full refund of amounts already paid.

7. Delivery to Switzerland

Orders are delivered exclusively to addresses located in Switzerland.

Orders with a delivery address located outside of Switzerland are not accepted.

Delivery is made to the address indicated by the customer when ordering. The customer is responsible for the accuracy and completeness of the information communicated.

The delivery times mentioned on the site are given for information purposes only. They may vary depending on the availability of the product, the carrier or exceptional circumstances.

In the event of a significant delay, the Company will inform the customer as soon as possible.

If delivery becomes impossible or if the product cannot be delivered within a reasonable time, the Company may cancel the order and reimburse the amounts already collected.

When the package is returned to the Company due to an incorrect or incomplete address, refusal of the package or lack of collection on time, the costs linked to a new shipment may be invoiced to the customer.

8. Check upon receipt

The customer is required to check the condition of the package and the product upon receipt.

In the event of a damaged package, defective product, missing product or receipt of a product different from that ordered, the customer must contact the Company immediately at contact@shopyphone.ch.

The customer is invited to keep the packaging, to make reservations with the carrier if possible and to send photographs of the package, the shipping label and the product concerned.

The Company will review the situation and propose an appropriate solution.

9. Warranty

9.1 Duration of the guarantee

Refurbished or used smartphones sold on the site benefit, unless otherwise more favorable, from a 12-month warranty from the date of delivery.

For any new products sold on the site, the applicable legal deadline remains reserved.

The commercial guarantee does not limit the mandatory rights enjoyed by the customer under Swiss law.

9.2 Scope of the guarantee

The warranty covers technical defects that existed at the time of delivery or that appear during the warranty period, provided that they do not result from misuse or an event occurring after delivery.

In particular, the following are excluded from the guarantee:

  • damage caused by impact, fall, breakage, twisting or excessive pressure;

  • broken or heavily damaged screens, windows or frames;

  • damage caused by water, humidity, condensation or oxidation;

  • damage caused by misuse or non-compliant use;

  • damage caused by an unsuitable accessory, cable or charger;

  • defects resulting from opening, modification or repair carried out by an unauthorized third party;

  • normal wear and tear of the product and its components;

  • normal decrease in battery performance;

  • data loss;

  • problems related to software, application, update, user account, password, activation lock, SIM card, carrier or misconfiguration;

  • indirect damage resulting from the temporary impossibility of using the product.

9.3 Warranty request

In the event of a defect, the customer must contact the Company at the address contact@shopyphone.ch describing the problem as precisely as possible.

The Company may request photographs, videos, order number, IMEI number or serial number of the product.

Before sending a device, the customer must back up and delete their personal data, remove their SIM cards and disable any lock codes as well as location or activation lock functions, including Apple or Google accounts.

The Company cannot guarantee the retention of data on a device returned for repair.

If the defect is covered, the Company may, depending on the circumstances and to the extent permitted by law, carry out a repair, replacement, price reduction or refund.

Warranty extension to 24 months

The extension brings total coverage to 24 months from delivery. It is only valid when purchased with the smartphone to which it is attached.

From the 13th to the 24th month, the same technical defects, exclusions and solutions as during the initial warranty apply. Breakage, water damage, theft, normal wear and tear and normal battery depletion are not covered.

If the smartphone is canceled or refunded, the extension is also refunded. In the event of replacement of the smartphone under warranty, the extension is transferred to the new IMEI until its initial expiry.

10. Customer account

The customer can create a personal account on the site.

It is their responsibility to keep their identifiers confidential and to ensure the accuracy of the information provided.

The Company cannot be held responsible for the consequences resulting from inaccurate, incomplete or not updated information by the customer.

The customer must immediately inform the Company in the event of unauthorized use of his account.

11. Data protection

The customer's personal data is processed as part of order execution, payment, delivery, after-sales service, customer relationship management and compliance with the Company's legal obligations.

The processing of personal data is governed by applicable Swiss data protection legislation as well as by the privacy policy published on the site.

The customer may exercise his rights in accordance with applicable legislation by contacting the Company at the address contact@shopyphone.ch.

12. Email Communications

As part of the execution of the contract, the customer agrees to receive the emails necessary for the processing of his order, in particular the order confirmation, payment information, invoice, delivery information and exchanges related to after-sales service.

Advertising communications, promotions, news or newsletters are sent separately in compliance with applicable rules.

The customer can object to these communications or unsubscribe at any time using the link provided for this purpose.

13. Liability

The Company is responsible for its legal obligations in its capacity as seller.

To the extent permitted by law, the Company cannot be held responsible for indirect damage, loss of data, loss of income, operating losses or other consequences resulting from non-compliant use of the product.

In particular, the Company cannot be held responsible for damage resulting from:

  • improper use of the product;

  • an intervention or repair carried out by an unauthorized third party;

  • the use of unsuitable accessories, cables or chargers;

  • software, applications or services provided by third parties;

  • a blockage linked to a user account, a password or an operator;

  • of a force majeure event.

Nothing in these General Terms and Conditions limits any liability which cannot be excluded or limited under Swiss law.

14. Applicable law and forum

These General Terms and Conditions as well as the contracts concluded via the site are subject to Swiss law.

For disputes with professional clients, the competent courts of the canton of Neuchâtel have jurisdiction, subject to another mandatory forum provided for by law.

For consumer customers, the mandatory legal rules relating to territorial jurisdiction remain reserved.

15. Contact

For any questions, warranty requests or complaints relating to an order, the customer can contact:

Microwest + Shopy Phone Sàrl
rue du Seyon 5a, 2000 Neuchâtel, Switzerland

Email: contact@shopyphone.ch
Website: https://shopyphone.ch