1. General information

These General Terms and Conditions (hereinafter: ‘GTC’) apply to all services provided by URBAK Sàrl to a natural or legal person (hereinafter ‘the Customer’). The GTC apply to and form an integral part of all sales, delivery and service contracts entered into by URBAK Sàrl. By ordering products and services from URBAK Sàrl, the GTC are deemed to have been accepted. All services and products supplied by URBAK Sàrl to the Customer are provided exclusively on the basis of the GTC. Any deviating provisions shall only be valid if they have been agreed in writing between URBAK Sàrl and the Customer.

2. Product range and prices

‍

1. The offers published by URBAK Sàrl on the internet (via www.urbak.ch) constitute a non-binding offer to the Customer to order goods and services from the online shop www.urbak.ch. By ordering the desired goods and services online, the Customer makes a binding offer to enter into a contract of sale. An order is only deemed to have been placed once it has been confirmed by email or upon delivery. The prices quoted at the time of ordering are inclusive of all taxes (excluding delivery charges). Price fluctuations during the fulfilment of the order cannot be taken into account. Errors or omissions on the online shop do not constitute an obligation to sell the goods. All technical information regarding the various products is based on the manufacturer’s specifications and is binding in this respect. URBAK Sàrl reserves the right to cancel, at any time, both confirmed and unconfirmed orders and to immediately refund to the Customer any deposits already paid, without any additional compensation. There is therefore no obligation at any time to deliver a product.

‍

2. If the Customer can demonstrate (by providing supporting evidence) that a third-party company (registered in the Swiss Commercial Register) offers a smartphone repair price (excluding promotions) that is more attractive than that of URBAK Sàrl, that Customer will be offered a repair price equivalent to that of the third-party company, whilst also receiving a 10% discount on that price. 

‍

1. In order for the Customer to benefit from such a discount, they must prove that this third-party company is registered in the Swiss Commercial Register and that the repair prices set by it are indeed lower than those of URBAK Sàrl. 

‍

2.  Clause 2.2. and clause 2.2.1. apply only to future repairs. 

‍

3. Refurbished smartphones

‍

1. URBAK Sàrl sells second-hand smartphones that have been refurbished by URBAK Sàrl. Consequently, some original parts may have been repaired, modified or replaced. The parts used in the refurbishment process are not necessarily identical to the original ones. 
2. Refurbished smartphones are fully functional, tested by experts at URBAK Sàrl and cleaned with an antibacterial product. They are classified according to the following grades:

‍

• New (all components are original)
• Excellent (all visual components are new or in excellent condition and show no scratches) 
• Good condition (which may include scratches on the screen or the casing) 

‍

3. URBAK Sàrl shall under no circumstances be regarded as a reseller or distributor of the products sold on the website. www.urbak.ch. In this regard, URBAK Sàrl is not bound by any agreement or contract with the manufacturers of the products sold on the website www.urbak.ch. 

‍

4. Delivery

Goods and services are delivered exclusively to addresses in Switzerland and the EU. Orders are processed once payment has been received.

5. Partial deliveries

Where possible, URBAK Sàrl will carry out the repair service and fulfil the order in full. The purchaser nevertheless agrees to accept partial deliveries. No additional charges will be incurred in this regard.

6. Delivery time / time taken to carry out the repair

No binding commitment is made regarding delivery or completion times. Repaired devices and goods in stock will be sent to the Customer by A Mail. A delay in delivery, whatever the cause, shall under no circumstances entitle the Customer to a reduction in the invoice amount and shall not constitute grounds for a claim for compensation. This applies in particular where the Customer has to hire a replacement product due to a delay in delivery. URBAK Sàrl also accepts no liability for any delays in the Customer’s subsequent arrangements.

7. Further issues discovered with the device

If the Customer’s device has problems other than those listed at the time of delivery, URBAK Sàrl will not proceed with the repair until the Customer has given their authorisation. For example: if the Customer has brought the device in for a screen replacement and the technician discovers another issue (such as water damage, etc.), the Customer will be notified and asked to give their consent.

8. Terms and conditions of payment 

‍

1. An invoice requiring immediate payment (with no payment term) is issued for each service and each purchase. 

‍

2. In certain cases, URBAK Sàrl may issue an invoice with a payment deadline. The amount of the invoice must be paid within the period specified on the invoice. If the Customer fails to pay part or all of the amount due within the aforementioned period, URBAK Sàrl may charge interest on arrears at a rate of 5% per annum. URBAK Sàrl may also charge CHF 30 for the first reminder and up to CHF 75 for each subsequent reminder. URBAK Sàrl may entrust the collection of the amount to a debt collection agency or sell the debt to third parties in Switzerland or abroad. The Customer is also obliged to reimburse all costs incurred by URBAK Sàrl or debt collection agencies as a result of late payment.

‍

3. Customers can pay for their orders using a credit or debit card: Visa, Mastercard, American Express, Discover, or PayPal. URBAK Sàrl uses Stripe, a system that ensures the security of your payments when you place an order on its website.

‍

4. Furthermore, URBAK Sàrl uses the 3D-Secure protocol to enhance the security of online payments. This protocol involves an additional verification step during an online purchase: in addition to their bank details, the Customer is asked to enter a piece of personal information, such as a code received by text message, enabling their bank to identify them and authorise the transaction.

‍

5. The payment card details provided by the Customer when placing an order are never transmitted over the network; they are encrypted using the SSL (Secure Socket Layer) protocol.

‍

6. When paying for their online order, the Customer authorises URBAK Sàrl to debit their bank account for the amount corresponding to the price quoted (using the bank details provided). The Customer confirms that they are the legal holder of the card linked to the account to be debited or are legally entitled to use it. In the event of an error or if it is not possible to debit the Customer’s card, the order shall be automatically terminated and cancelled.

‍

7. The Customer’s personal data is processed in accordance with the privacy policy available on the website: www.urbak.ch.

‍

9. Cash payment

Cash payments are accepted and may be used in place of electronic payment solely for device repairs and purchases (in person) at EcoBike or at one of URBAK Sàrl’s shops. This payment may be made before or at the time of collection of the repaired device. However, it may under no circumstances be made after the device has been returned, unless agreed by URBAK Sàrl. 

10. Non-payment of the invoice 

In the event of non-payment of the invoice, the repaired device may be retained until full payment has been made. URBAK Sàrl has the unilateral and discretionary right to request, at any time, the registration of a retention of title in the appropriate register, wherever the repaired device is located, and the Customer hereby irrevocably agrees in advance to such registration. Reasonable attempts will be made in advance to contact the Customer regarding collection.

11. Data loss from the device

‍

1. Although URBAK Sàrl takes reasonable precautions during the repair process, it shall under no circumstances be liable for the loss of data, photos, videos, device settings or any other user-specific aspects of the Customer’s device. 

‍

2. URBAK Sàrl recommends that the Customer back up their device before sending it in for repair. URBAK Sàrl does not back up the Customer’s device. 

‍

12. Returns, exchanges and appointment cancellations

‍

1. The exchange or return of goods delivered (in accordance with the contract), as well as any repairs carried out, are not permitted. 

‍

2. Important : Booked repair appointments are binding. The time slot chosen by the Customer is reserved exclusively for them. If the Customer fails to attend the appointment and does not cancel it by email at least 12 hours in advance, they will be obliged to pay 50% of the price of the booked repair.

‍

13. Warranty

‍

1. URBAK Sàrl provides a 12-month warranty on repairs and replaced parts. The warranty period begins on the date the repaired device is returned. The Customer must report any fault to URBAK Sàrl immediately and follow its instructions regarding replacement or repair. Defective goods, regardless of their weight or size, must be posted or delivered by the Customer to a return address provided by URBAK Sàrl. The costs and risks associated with this transport are borne by the Customer.

‍

2. URBAK Sàrl provides a 12-month warranty on refurbished and new smartphones. The warranty period begins on the date of purchase of the device. The Customer is required to report any fault to URBAK Sàrl immediately and to follow its instructions regarding replacement or repair. Defective goods, regardless of their weight or size, must be posted or delivered by the Customer to a returns address provided by URBAK Sàrl. The costs and risks associated with this transport are borne by the Customer.

‍

3. Warranty claims can only be made via the website www.urbak.ch, in person at a URBAK Sàrl shop or by email to the following address: info@urbak.ch.

4. The following are expressly excluded from this warranty: damage resulting from: drops, falls of any kind, impacts, blows, collisions, pressure, exposure to heat, prolonged exposure to sunlight, exposure to cold, liquids, dirt, dust, grime and mud, as well as damage caused by attempts at self-repair by the Customer or a third-party company.

5. Claims for transport damage must be made in writing to the Post Office and to URBAK Sàrl within 24 hours of receipt of the goods at the latest. URBAK Sàrl is not liable for defects resulting from mishandling, normal wear and tear or external factors. If devices are repaired by third parties (without the written consent of URBAK Sàrl), the right to a warranty claim against URBAK Sàrl shall lapse.

‍

14. Limitation of liability

Any other rights of the Customer, regardless of the legal basis, are excluded. Employees, representatives and agents shall under no circumstances be held personally liable. The installation and use of spare parts and accessories are expressly at the Customer’s own risk. URBAK Sàrl shall not be liable, amongst other things, for any loss of profit or other financial losses suffered by the Customer, or for any damage caused to products in which spare parts or accessories supplied by URBAK Sàrl have been fitted. 

15. Customer data and data protection

The Customer is required to provide URBAK Sàrl with their contractual address, billing address and delivery address email News. URBAK Sàrl is legally authorised to send information relating to the contract by text message, letter, email or other electronic means of communication to the last known address or the last email provided by the Customer. URBAK Sàrl will treat the data provided to it as strictly confidential and in accordance with its privacy policy, which is available on its website: www.urbak.ch. URBAK Sàrl will only pass on the Customer’s data to third parties (for example, delivery services) if this is necessary for the processing of the order. URBAK Sàrl accepts no liability for data security during transmission via the internet (for example, due to technical errors on the part of the provider) or for any unauthorised access by third parties to files on the URBAK Sàrl website.

16. Retention of title

The products supplied by URBAK Sàrl remain the property of URBAK Sàrl until URBAK Sàrl has received the full purchase price in accordance with the contract and the products have been dispatched to the Customer.

17. Intellectual property 

All third-party logos, images and graphics are the property of their respective companies and are subject to the copyright of the respective licensors. All photographs, logos, text, reports, scripts and programming routines displayed on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

18. Miscellaneous

URBAK Sàrl has no control over whether items are withdrawn from the range by their suppliers and are therefore no longer available, or have been modified in terms of type, design or price. If the supplier offers URBAK Sàrl a replacement item at the same price, URBAK Sàrl will inform the Customer. No claim for damages may be made against URBAK Sàrl in respect of items that are no longer available. URBAK Sàrl reserves the right to change the prices of individual items.

19. Severability clauses 

If any provision of these Terms and Conditions is invalid for any reason whatsoever, the validity of the other provisions shall not be affected.

20. Applicable law and jurisdiction 

‍

1. Any dispute arising directly or indirectly from these Terms and Conditions shall be governed by Swiss law.

‍

2. The courts of the Republic and Canton of Geneva shall have jurisdiction to settle any dispute arising directly or indirectly from these Terms and Conditions. 

‍