Terms and Conditions

1. Scope and applicability

All sales, deliveries and services provided by Data Quest AG, Moosmattstrasse 36, 8953 Dietikon (hereinafter referred to as “DQ”, “DQ Solutions”, “we”, “us”, “our”, etc.) to natural persons (hereinafter referred to as “consumer”, “you”, “customer”, “your”, etc.) are governed exclusively and comprehensively by these General Terms and Conditions (GTC), unless expressly amended or supplemented in writing.

You are considered a consumer if you purchase goods or services from DQ for personal or household purposes.

3. Delivery area

Deliveries are primarily made to addresses in Switzerland and the Principality of Liechtenstein. Shipments to other countries are only made in rare exceptions and always at the customer’s cost and risk.

Unless otherwise agreed, DQ reserves the right to make partial deliveries. In the case of partial delivery, shipping costs are charged only once at the rate applicable to the total order.

4. Prices and orders

All price indications in our quotations, price lists, brochures, catalogues, flyers, etc. are non-binding. Accepted payment methods are clearly and exclusively stated on our website and in our retail stores.

DQ reserves the right to exclude certain payment methods generally or for specific customers without further explanation. DQ may conduct credit checks on customers and, for this purpose, may disclose customer data to third parties.

For purchases on invoice with instalment options, please refer to section 6 below.

For rentals: the relevant DQ General Terms and Conditions for “Smart Upgrade” or “iPad4Kids”, available on DQ’s website, apply exclusively. Product names may change over time; the current terms are always available on DQ’s website.

All prices include Swiss VAT and statutory fees such as SUISA and the advance recycling fee (ARF). Additional costs such as installation, assembly, accessories, packaging, shipping, delivery, surcharges for certain payment methods and service fees will be billed separately by DQ. Technical changes, errors and printing mistakes are reserved.

DQ reserves the right to change prices at any time. The applicable price is the one displayed in-store or published at the time of order on www.dq-solutions.ch/de/home. Price changes occurring after payment has been received will not be applied.

If you cancel an order, administrative costs of CHF 200.– may be charged as a flat fee. Certain products are excluded from cancellation, return or exchange, particularly those specially manufactured or configured for you. Cancellations for other products are only permitted if DQ (or its partners or manufacturers) has not yet performed any services (e.g. installation, configuration). The statutory right of withdrawal (return of goods or customer cancellation) is excluded. See section 9 below regarding exchanges.

When paying by debit or credit card, the amount is charged at the time of order or at the point of sale. Card payment data is transmitted in encrypted form. For prepayment purchases, goods will only be dispatched or the order processed once payment has been received. In cases of limited stock availability, items marked as “in stock” may no longer be immediately available at the time of order processing. If payment is not received by DQ within five (5) business days, DQ may cancel the order without notice.

All delivered goods remain the property of DQ until full payment of the purchase price (including all surcharges and outstanding claims) has been received. Pledging, assignment as security, processing or modification of the goods is not permitted without DQ’s prior written consent. DQ is entitled to register delivered goods under Article 715 of the Swiss Civil Code (ZGB) in the retention of title register, and the customer is obligated to immediately disclose the location of the goods and any other information required for registration.

5. Online purchases

Orders are only accepted via the online shop at www.dq-solutions.ch/de/home and confirmed by email on a non-binding basis. Telephone or written orders will not be processed. If an item is found to be unavailable after order confirmation, DQ may cancel the corresponding order.

DQ reserves the right not to accept orders. A purchase contract is only formed upon confirmation of dispatch or readiness for collection. For in-store collection following an online purchase, payment may also be made at the retail location.

The customer must register either with a personal account or as a guest. Regardless of placing an order, the customer must provide a username (email address), official first and last name, residential address as registered with authorities, date of birth and a valid phone number.

DQ’s online offering is directed exclusively at legally competent customers aged 18 or over with residence in Switzerland or the Principality of Liechtenstein. All offers are non-binding and do not constitute binding quotations.

6a. Purchase on invoice (PowerPay)

You may pay for your online purchase by invoice in instalments. Ownership of the goods transfers to you only after full payment of all amounts due. MF Group Billing AG, St. Gallen, acts as an external payment service provider for DQ and offers the “invoice payment” option. DQ assigns the purchase price claim to MF Group Billing AG. Upon conclusion of the purchase agreement and assignment of the claim, MF Group Billing AG assumes invoicing and debt collection. To use this payment method, you must additionally accept the MF Group Billing AG General Terms and Conditions (see “POWERPAY” at www.mfgroup.ch/de/agb), which establishes a direct contractual relationship between you and MF Group Billing AG.

Please note that additional fees may apply for partial or late payments as stipulated in MF Group Billing AG’s terms. DQ has no influence over the content of MF Group Billing AG’s terms.

6b. Instalment purchase (HeyLight)

You may also structure your online purchase as an instalment plan. Ownership of the goods transfers to you only after full payment of all amounts due. HeyLight AG, 1207 Geneva, acts as an external financing partner and provides the instalment financing. DQ assigns the purchase price claim to HeyLight AG. Upon conclusion of the purchase agreement and assignment of the claim, HeyLight AG assumes collection of instalments and debt recovery. To use this option, you must additionally accept HeyLight AG’s General Terms and Conditions (available at info@heylight.com), which establishes a direct contractual relationship between you and HeyLight AG.

7. Delivery terms and inspection obligations

Deliveries are primarily made to addresses in Switzerland and the Principality of Liechtenstein. Shipments to other countries are only made in rare exceptions and always at the customer’s cost and risk. The delivery fees and terms agreed upon at the time of contract apply.

The customer is obligated to inspect the goods immediately upon receipt for accuracy, completeness and undamaged condition. Any defects must be reported to DQ in writing or at the point of sale without delay, and no later than five (5) calendar days after receipt. In the event of complaints, all original packaging components must be retained and may only be disposed of after DQ’s written approval.

The delivery times indicated by DQ are estimates only and not binding. If DQ cannot meet a stated delivery time, the customer may withdraw from the contract 30 calendar days after order placement, provided written notice (by registered mail) is sent to DQ within this period. Withdrawal is excluded for products that cannot be cancelled (see section 4 above).

DQ is entitled to make partial deliveries. If part of an order cannot be delivered, the customer has no right to cancel the entire order. The customer may not assert any further claims.

For in-store collection, the customer must collect the ordered goods within a maximum of ten (10) calendar days after notification at the designated collection point. Standard opening hours apply. If the goods are not collected within this period, DQ reserves the right to withdraw from the contract and resell the reserved goods. In such cases, a flat administrative fee of CHF 200.– may be charged.

8. Customer missed appointments (default)

If a scheduled appointment for DQ deliveries or services (e.g. installations, implementations, training sessions, etc.) is missed, cancelled or rescheduled by the customer without at least 48 hours’ notice, DQ is entitled to charge 50% of all associated costs (including reserved time, travel time and expenses). The reason for missing, cancelling or rescheduling the appointment is irrelevant. Force majeure on the customer’s side (including illness or accident) remains reserved and must be proven by the customer.

9. Exchanges

There is no general right of return. No refunds will be issued. However, DQ may, at its discretion, permit an exchange of certain items, provided the following conditions are met.

Within ten (10) calendar days of receiving the goods (period starts the day after receipt), the customer may inquire whether the item can be exchanged for another within the same product category. This is only possible if the item is marked as exchangeable on the receipt or invoice. The request must be made at the same retail location where the purchase was made, and the original receipt or invoice must be presented. Exchange is excluded in all cases if the original packaging is missing, the item is damaged, soiled or shows signs of use, is incomplete (e.g. charger, accessories), the original packaging has been opened, or for consumables (see detailed list in section 10 below). For online purchases, contact customer service, but the same exchange conditions apply (as detailed in section 10). Any exchange is subject to positive inspection by DQ staff and requires that the replacement item is in stock. DQ may, at its sole discretion, approve an exchange and apply a deduction to the original purchase price (e.g. for minor wear or packaging damage).

In particular, the following goods are excluded from return or exchange (non-exhaustive list): consumables, toner, accessories, headphones, software, and all devices specially ordered, manufactured or configured for the customer, or for which DQ (or its partners or manufacturers) has already provided services (e.g. installation).

DQ is not required to justify acceptance or rejection of an exchange request. Exchanges are granted as a goodwill gesture only; the customer has no legal right to return or exchange. If an exchange is approved, the customer bears all associated costs (e.g. delivery, installation). If the selling price has decreased by the time of return, the credit will be based on DQ’s current price. If the price has increased, the original purchase price will apply.

10. No returns

Returns and exchanges are specifically excluded in the following cases:

• Missing supplied accessories (e.g. manuals, cables, CDs, etc.);
• Opened consumables (e.g. toner, ink cartridges, etc.);
• Opened hygiene items (e.g. headphones);
• Opened products that were originally sealed or shrink-wrapped (software, memory cards, iTunes or DQ gift cards, etc.). A broken or removed seal is always considered “opened”;
• Software licences delivered electronically via link, email or other digital means;
• Expiry of the return period.

See also section 9 above regarding exchanges.

14.1 Warranty scope

DQ grants the customer a warranty on purchased new and pre-owned goods. In the event of a warranty claim (i.e. defects appearing after product handover or already present, but no later than the expiry of DQ’s stated warranty period), the customer is entitled to repair, replacement or refund, in accordance with the manufacturer’s terms. DQ or the manufacturer reserves the right to choose the method of remedy. If DQ opts for contract rescission, the refund will reflect the current market value of the defective device. Repairs by third parties are exclusively commissioned by DQ. Claims for reimbursement of costs incurred through unauthorised third-party repairs are expressly excluded.

The warranty is void (i.e. fully forfeited) in particular in the following cases:

• General wear-and-tear or consumable parts;
• Normal battery or lamp performance degradation;
• Screen burn-in;
• Damages caused by foreign objects, mishandling, mechanical impact, drops, shocks or liquid ingress;
• Excessive use, commercial use, or defects resulting from tampering or modifications;
• Leaking batteries, data loss, data corruption, software errors, computer viruses, etc.;
• Use of non-original spare parts;
• Unauthorised tampering, alterations, servicing, interference or handling (e.g. opening the device, attempted repairs) and user errors;
• Acts of nature, frost, water, lightning, etc.;
• Failure to follow maintenance and operating instructions;
• Any additional warranty exclusions stipulated in the manufacturer’s manuals, warranty terms, specifications, AGB or other documentation.

Statutory warranty rights are fully excluded to the extent legally permissible.

14.2 Warranty period for new goods

The warranty period for new devices is 24 months and begins on the date of delivery or collection per product. Repairs or replacements do not extend the warranty period. The invoice or receipt serves as the warranty certificate and must be retained. The warranty does not apply to accessories, consumables, wear-and-tear items or hygiene products (e.g. headphones), etc.

14.4 Procedure in case of defects

If a defect occurs that is not excluded under these GTC or the manufacturer’s terms, the customer must contact the retail location listed on www.dq-solutions.ch or DQ customer service. The defective product must be returned at the customer’s cost and risk to the retail location listed on www.dq-solutions.ch or as directed by customer service. The product must be returned with all accessories in original packaging, accompanied by the sales receipt/delivery note (see requirements in sections 9 and 10 above). If DQ determines that the returned product is not covered under warranty (e.g. exclusions under section 14.1 or outside the warranty period), a cost estimate for expected repair costs will generally be issued and may be billed to the customer. If the customer proceeds with the repair, the cost estimate fee will be credited toward the repair costs. If the customer does not respond within 20 calendar days of DQ’s initial contact (e.g. email, SMS, phone, post) or is unreachable, DQ is not obliged to retain the product and may dispose of it at the customer’s expense without liability. Returned products that show no defect, are sent to the wrong address, were not explicitly authorised for return by DQ, or have inadequate packaging or missing accessories (see sections 9 and 10) may be returned to the customer at their cost and risk. In all such cases, DQ may charge a flat administrative fee of CHF 200.–.

15. Buy-back

Upon mutual agreement, DQ may buy back devices. DQ will provide a dedicated confirmation form, which the customer must complete and sign. Prior to buy-back, DQ will inform the customer of the buy-back price based on a professional appraisal from an external dealer. This amount will be credited toward the purchase of a new device. DQ’s offer is only valid for the duration of the conversation with the customer. Further details will be agreed in writing.