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Terms and Conditions of Sale
Digistore S.A.
Rue de la Coulouvrenière 21, 1204 Geneva — Switzerland
UID / VAT No.: CHE-109.343.145 VAT
E-mail: digistore@digistore.ch · Phone: 022 329 22 88
1. Scope and acceptance of the Terms
1.1 These terms and conditions of sale (the "Terms") govern all contractual relations between Digistore S.A. ("Digistore") and its customers (the "Customer") for any order placed through the online shop digistore.ch (the "Website"), by e-mail, by phone or in store.
1.2 Before placing an online order, the Customer must accept the Terms by ticking the box provided for this purpose. No order can be submitted without this acceptance. For other channels, placing the order constitutes acceptance of the Terms, which are available at all times on the Website and in store.
1.3 Digistore may amend the Terms at any time. The applicable version is the one in force when the Customer places the order; it cannot be changed unilaterally for that order.
1.4 The Customer's own terms and conditions do not apply. Any deviation from these Terms is valid only if accepted in writing by Digistore.
1.5 The Terms are published in French, German, Italian and English. In the event of any discrepancy, the French version prevails.
1.6 The Website's offers are intended for customers domiciled in Switzerland or Liechtenstein. Deliveries are made only to addresses in these countries.
2. Online offers and conclusion of the contract
2.1 The presentation of products on the Website, including prices, photos, descriptions and availability, is not a binding offer within the meaning of art. 7 of the Swiss Code of Obligations (CO). It is an invitation to the Customer to submit a purchase offer.
2.2 By clicking the final order button ("Order with obligation to pay" or equivalent wording), the Customer submits to Digistore a binding purchase offer for the products in the basket, at the prices and conditions displayed. The Customer remains bound by this offer for 10 working days.
2.3 The following do not constitute acceptance of the Customer's offer and do not conclude the contract:
- the acknowledgement of receipt sent automatically after the order, which only confirms that the order has been received;
- the authorisation, debit or collection of payment, regardless of the payment method used;
- the automatic issue of an order number, billing document or invoice, or making them available in the customer account;
- any change in order status shown in the customer account, except those referred to in section 2.4.
2.4 The sales contract is concluded only when Digistore accepts the Customer's offer, either by sending an e-mail confirming shipment of the goods or their availability for collection in store, or by handing over the goods to the Customer, whichever occurs first. The contract covers only the products listed in that confirmation or actually handed over.
2.5 Digistore is free not to accept all or part of the Customer's offer, in particular in the event of a pricing or description error, product unavailability, quantities exceeding normal household use, orders intended for resale or suspected fraud. The Customer is informed by e-mail. Any amount already paid is refunded in full in accordance with section 4.5. The Customer has no further claims.
2.6 For orders placed in store or based on a written quotation, the contract is concluded when both parties sign the quotation or order form, or when the goods are handed over. Sections 3.5 to 3.7 apply by analogy.
2.7 Offers are valid while stocks last at Digistore and its suppliers.
3. Prices and pricing errors
3.1 Prices are stated in Swiss francs (CHF), including VAT and the advance recycling fee (ARF).
3.2 Additional costs (postage, delivery, installation, payment method surcharges) are shown separately before the order is submitted and are charged in addition.
3.3 Subject to section 3.5, the applicable price is the one displayed on the Website when the Customer submits the offer under section 2.2.
3.4 Digistore may change its prices at any time without notice. A price increase occurring after the Customer has submitted the offer cannot be applied to the Customer. This rule protects the Customer against price increases; it does not apply to pricing errors, which are governed exclusively by section 3.5.
3.5 Pricing errors
- Every offer displayed on the Website and every contract concluded on that basis is subject to the condition subsequent of an incorrect price indication.
- A pricing error exists where the price displayed or invoiced results from an input, calculation or conversion error, incorrect data transmitted by a supplier, a technical malfunction or any other clerical error, and does not correspond to the price Digistore intended to charge. The size of the difference between the displayed price and the correct price is irrelevant. A price marked as a promotion (struck-through price, "promotion", "offer", "clearance" or similar) may also be incorrect.
- Digistore informs the Customer by e-mail as soon as it discovers the error and states the correct price. Within 5 working days, the Customer may then (a) confirm the order at the correct price, or (b) withdraw from it. If no reply is received within this period, the order is deemed cancelled.
- If the goods have already been handed over, the Customer may either pay the difference to the correct price or return the goods in their original condition. In that case, Digistore bears the return costs.
- In the event of cancellation, Digistore refunds all amounts paid, including delivery costs, in accordance with section 4.5.
- The fact that Digistore has sent an acknowledgement of receipt, issued an invoice or collected payment does not prevent this section from applying.
- This section applies without prejudice to Digistore's right to invoke a fundamental error under art. 23 et seq. CO.
3.6 Information on the Website (descriptions, technical specifications, images, availability) is provided subject to errors and typos. The manufacturer's specifications at the time of delivery prevail.
3.7 In the event of cancellation under section 3.5, the Customer is entitled neither to delivery at the incorrect price nor to damages, subject to mandatory statutory provisions.
4. Payment methods
4.1 Digistore accepts the payment methods offered during the ordering process, in particular: TWINT, credit and debit cards (Visa, Mastercard, American Express), PostFinance, bank transfer as prepayment and, in store, cash and cards. Online payments are processed by Saferpay (Worldline).
4.2 Any surcharge for a payment method is shown before the order is submitted.
4.3 Unless otherwise agreed, payment is due when the order is placed. Advance payment by the Customer does not constitute acceptance of the order by Digistore (section 2.3).
4.4 For prepayment by bank transfer, the amount must be credited within 5 working days; otherwise Digistore may treat the Customer's offer as lapsed.
4.5 Refunds are made using the original payment method (or, failing that, by bank transfer to an account designated by the Customer) within 10 working days of the cancellation or of receipt of the returned goods. No interest is owed on amounts refunded within this period.
5. Late payment and retention of title
5.1 If the Customer is late in paying all or part of an amount due, Digistore may suspend pending deliveries without notice until full payment is received.
5.2 If the Customer fails to pay within the additional period granted, Digistore may proceed in accordance with art. 102 et seq. and 214 CO, charge default interest and assign collection to a third party.
5.3 Products delivered remain the property of Digistore until the price and all costs have been paid in full. Digistore may register this retention of title in the official register. The Customer undertakes to take good care of the products while they remain the property of Digistore.
6. Availability, delivery and cancellation
6.1 The availability and delivery times stated are indicative and are not binding dates.
6.2 If a stated delivery time is exceeded, the Customer may set Digistore an additional period of at least 30 days in writing. If delivery has not taken place by the end of that period, the Customer may cancel the order for the undelivered products. The corresponding amounts are refunded in accordance with section 4.5 or, at the Customer's choice, as a credit note. Any further claims are excluded, subject to mandatory statutory provisions.
6.3 Digistore may cancel all or part of an order, even after the contract has been concluded, where delivery becomes impossible or unreasonably difficult for reasons not attributable to it, in particular: force majeure, supplier stock shortage or failure to deliver, discontinuation of the product, or a decision by the manufacturer or importer restricting distribution of the product. The Customer is informed without delay and amounts paid for the products concerned are refunded in accordance with section 4.5, with no further claims.
6.4 Digistore may make partial deliveries. Delivery costs are charged only once.
6.5 The Customer must accept the goods on the agreed date. For collection in store, the goods are held for 14 days from the collection notice; after that period, Digistore may terminate the contract and charge the costs incurred.
7. Transport and inspection of goods
7.1 Risk passes to the Customer when the goods are handed to the carrier or, for collection, upon the collection notice. Shipments benefit from limited transport insurance cover.
7.2 The Customer inspects the goods upon receipt (accuracy, completeness, condition). Visible damage must be reported to the carrier upon delivery; hidden damage must be reported to Digistore within 3 days of receipt at the latest.
7.3 In the event of a complaint, the Customer keeps the complete original packaging until written approval from the carrier or Digistore.
8. Returns, take-back and exchange
8.1 Swiss law provides no right of withdrawal for online purchases. Goods delivered in accordance with the contract are, as a rule, not taken back.
8.2 Digistore may accept a return as a goodwill gesture, subject to prior written agreement. The Customer then receives a return number.
8.3 Goods must be returned complete, in their original packaging, with all accessories and the proof of purchase, at the Customer's cost and risk.
8.4 Only new, unopened and unused products are taken back. If an opened or used product is exceptionally taken back, a value deduction applies and the refund is made as a credit note.
8.5 This section does not apply to returns for defects (section 9) or to returns under section 3.5, which are at Digistore's expense.
9. Warranty
9.1 The warranty period is 2 years from handover of the product. Some products carry a longer manufacturer's warranty of up to 5 years, which is then stated on the product page.
9.2 The warranty covers manufacturing defects (parts and labour). Digistore decides whether to repair the product, replace it with an equivalent product or, if neither is possible, refund the price or grant a price reduction.
9.3 The warranty excludes damage due to normal wear and tear, improper use, external influences, intervention by unauthorised third parties or failure to follow the manufacturer's instructions. Transport and handling costs are not covered.
9.4 The invoice serves as the warranty certificate and must be kept.
9.5 An extended warranty may be offered for certain products under separate conditions (Garantie Premium).
10. Liability
10.1 Digistore is liable for damage caused intentionally or through gross negligence, and for injury to life, body or health.
10.2 To the extent permitted by law, any further liability of Digistore is excluded, in particular for slight negligence, indirect or consequential damage, loss of profit, loss of data and damage resulting from late delivery.
10.3 Digistore is not liable for interruptions or malfunctions of the Website or for the consequences of incorrect information displayed on it, subject to section 10.1.
11. Data protection
11.1 Digistore processes its customers' personal data in accordance with the Swiss Federal Act on Data Protection (FADP), solely for order processing, invoicing, delivery, after-sales service and, with the Customer's consent, sending marketing information.
11.2 Details are set out in the privacy policy published on the Website.
12. Intellectual property
12.1 The content of the Website (texts, photographs, logos, trademarks, layout) is protected and belongs to Digistore or its partners. Any reproduction or use without written permission is prohibited.
13. Severability
13.1 If any provision of these Terms is or becomes void or unenforceable, the validity of the remaining provisions is not affected. The provision concerned is replaced by a valid provision that comes as close as possible to its economic purpose.
14. Governing law and jurisdiction
14.1 These Terms and all contracts concluded between Digistore and the Customer are governed exclusively by substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14.2 The exclusive place of jurisdiction is Geneva. A consumer bringing an action may also sue at the court of their domicile; actions against a consumer are brought at the court of the consumer's domicile (art. 32 Swiss Civil Procedure Code).
Version of 14 October 2026. The French version prevails.