Terms of Use of the Website "apple.kkiosk.ch"

1. General Information

Welcome to the website apple.kkiosk.ch ("Website"). On this website, Valora Schweiz AG, Hofackerstrasse 40, 4132 Muttenz, Switzerland (“Valora”), as seller, offers you products for sale. Your access to and use of this Website is subject to the following Terms of Use. By accessing and browsing this Website and by buying products via this Website you are deemed to have accepted these Terms of Use without restriction and without reserve.

At apple.kkiosk.ch you, the Customer, are able to buy your favourite products from Apple and other Valora partners in just a few clicks.

2. Registration and order

a) Registration

Every order requires you to provide your personal information (including last name, first name, date of birth) and contact details (including email address and physical address).

Persons resident in Switzerland, who are at least 18 years of age, who have a means of payment valid for this purpose and, in the case of a financing contract, who pass a credit check are able to register.

b) Additional information for the conclusion of a financing contract

In addition to the details required for registration, the following details are mandatory for the conclusion of a financing contract:

  • a valid mobile telephone number
  • a valid ID card

c) Verification and accuracy of the information provided

The Customer must supply all the information requested during registration and required for payment completely and truthfully.

The information supplied during registration is verified as follows:

  • Valora verifies the validity of the identity document and specified age.
  • The Customer will be sent an SMS message to verify the validity and ownership of his or her mobile telephone number.
  • The email address will be checked and its validity confirmed by way of repeated prompts.

When the means of payment is provided, it will be checked for validity.

d) Order / conclusion of contract

Orders and sales transactions are processed exclusively via the Website. On the Website, the Customer selects the product/s he or she wishes to buy from Valora. The Customer can combine the offered products to suit his or her individual requirements, and place them in their own basket. Depending on the basket, the Customer will be offered different means of payment; that said, payment via a financing contract requires the purchase of a mobile telephone as well as a positive credit check (see below provisions regarding 4b)Prices and payment / means of payment / credit check).

By clicking on the button "Buy now" the Customer makes a binding offer (hereinafter also referred to as "Order") to purchase the products contained in the basket.

The receipt of the Order is confirmed by email. A contract between the Customer and Valora is only concluded, however, when Valora declares that it accepts the offer; Valora will send such declaration of acceptance to the Customer in a separate email after the Order confirmation. Valora is free not to accept an offer – regardless of the reasons – and to refuse to make a declaration of acceptance.

e) Limitation of quantities

Limitations of quantities can be set in the system for each Order or Customer. These depend on the means of payment and/or unpaid instalments.

f) Changing an Order

It is not possible to subsequently change any binding Orders placed.

3. Delivery

Products are delivered directly to the address in Switzerland provided by the Customer. Valora endeavours to comply with the published delivery times; however, these only serve as guidelines.

Please note that, in exceptional cases, we are not obliged to deliver the products ordered if we in turn have duly ordered the products but have not been supplied in the correct way or within the prescribed time limit. This is conditional upon us not being responsible for the lack of product availability and upon us having notified you about this without delay. In the event that goods become unavailable after payment has been made, we will reimburse you for such payments without delay.

Bills of sale, invoices and payment reminders will, wherever possible, be sent electronically.

4. Prices and payment

a) Price conditions

All prices are quoted in Swiss francs (CHF) including statutory value added tax (VAT).

We are entitled to make price adjustments. The applicable price is the one stated on the Website at the time the offer (Order) is made.

b) Means of payment / credit check

a) Credit check

Customers who are interested in a payment in instalments with 0% interest hereby authorise Valora and BOB to carry out credit checks at their own discretion. To this end Valora and BOB may pass on customer data to third parties (for further information, see the privacy statement).

b) iPhones with additional products and/or services

If the Customer passes a credit check for the payment of iPhone(s) as well as any additional products, he or she has the option of paying the claim by way of instalments with 0% interest. To that end the Customer concludes a financing contract with Valora in accordance with the framework conditions accessible here. For purposes of concluding the Financing Contract, the Customer will receive a one-time password (OTP) by SMS, which will be used in order to sign the contract online and which replaces a handwritten signature. Following conclusion of the contract by the Customer via OTP the Customer will receive the declaration of acceptance from Valora by email, which results in the valid conclusion of the Financing Contract.

If, due to the credit check or due to any unpaid Claims on the part of Valora or BOB at the time the Order is placed, the Customer cannot be offered a financing contract, the Customer may pay for the products by way of a single payment using a means of payment of their choice (e.g. Visa, MasterCard).

Which means of payment may be chosen by the Customer will be displayed towards the end of the Order process.

c) Products and/or services (other than iPhone)

The Customer may pay for individual Orders of accessories (other than iPhone) by single payment using a means of payment of their choice.

5. Apple products

In its capacity as authorised Apple retailer, Valora sells the Apple products offered on the Website and acts as seller of the hardware vis-à-vis you as the Customer. If, in addition to the purchase of an Apple product, you should wish to take advantage of the insurance benefits of AppleCare+, Valora will also act as authorised retailer and broker this insurance policy, although Valora will not act at the insurance provider in that regard. AppleCare+ is an insurance policy offered by AIG Europe S.A., Luxembourg, Opfikon branch ("AIG"). Apple processes the claims and any complaints raised by you on behalf of AIG. If you decide to purchase AppleCare+, you should make sure to read and keep the policy summary (https://www.apple.com/legal/sales-support/applecare/applecareplus/docs/applecareplus_chde_kfd.html) and the AppleCare+ terms and conditions of insurance (https://www.apple.com/chde/legal/sales-support/applecare/applecareplus/docs/applecareplus_chde_tc.html) which contain everything you need to know.

6. Warranties, liability and returns

Even though Valora / BOB make great efforts to provide accurate and current information (product descriptions, images, measurements, weight, technical specifications, related accessories and other details), to the extent permitted by law Valora / BOB do not give any warranty, whether express or implied, as regards the accuracy or completeness of the information provided on this Website.

As a rule, any products bought may not be returned. This applies with the exception of Apple-Care+ insurance policies, which may be terminated in accordance with the provisions of the insurance contract by contacting Apple. The repayment of any premium payments already made will be processed exclusively by Apple. With regard to the sale of AppleCare+ products, Valora only acts as an insurance broker.

Statutory warranty rules apply. The Customer’s warranty claim will, at Valora’s choice, be met by taking action to remedy any defects (repair), by subsequent delivery of equivalent replacement goods free of any defects, or by rescission of the contract. Actions to remedy any defects (repairs) will be taken by contractors commissioned by Valora. The Customer is not entitled to commission third parties with the repair. In such a case there will be no claim for costs to be reimbursed. The Customer’s warranty claim shall lapse in the event of a technical intervention and defects as a result of improper handling, excessive use, misuse, external influence (moisture damage, contact with liquids, impacts, etc.) or failure to comply with the operating or maintenance instructions issued by the manufacturer.

7. Ownership of content

The Website and its entire content, including but not limited to all texts and images, is owned by Valora or third parties and protected by copyright; all rights are reserved unless otherwise stated. All content that is a trademark, logo or service mark constitutes a registered or non-registered mark of Valora or third parties. Unless you have obtained written approval by the owners of the content, you are not permitted under any circumstances to use any content other than provided for in these Terms of Use. Valora and third parties will enforce their intellectual property rights to the full extent permitted by law, including any criminal prosecutions.

8. Use of information

You may freely browse this Website but you may only access, download or use information on this Website – including all documents, images, audio and video files – provided this takes place in the context of your personal, not commercial, use. In the absence of written consent by Valora, you may not – unless otherwise provided for – distribute, alter, copy, transfer, display, reuse, reproduce, publish, license, prepare derivative works, assign, sell or use any information in any other way. You must retain and reproduce all copyright notices or other proprietary notices contained in the information you have downloaded. Subject to any provisions to the contrary in this paragraph, Valora does not warrant that your use of the materials displayed on the Website does not infringe any third-party rights. You are not permitted to use any devices, software or processes with the aim of disrupting the proper functioning of the Website.

9. Third-party websites

This Website may contain links to other websites that are not owned by or are not operated by Valora. These links are only made available for convenience. Valora is not liable for content on such third-party websites and any connection is established at the Customer’s own risk. Nor is Valora responsible for third-party websites that contain links to this Website.

10. Information you provide to us

Except for personal data, which is covered by our privacy statement, every communication and any material that you transfer to the Website will be treated as non-confidential and not subject to copyright. Anything that you transfer or post will pass into the ownership of Valora and may be used for any reason including, but not limited to, reproduction, disclosure, transfer, publication, broadcasting and posting. Furthermore, Valora shall be free to use any ideas, concepts, know-how or techniques included in the messages sent by you to the Website, without incurring a fee; this includes but is not limited to the development, production and marketing of products using this information.

11. Final provisions

If parts of these Terms of Use are found to be unenforceable or invalid for any reason, this shall not affect the validity of the other provisions.

These Terms of Use shall be subject to the substantive laws of Switzerland to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction shall be governed by Article 32 of the Swiss Civil Procedure Code (Zivilprozessordnung).

Valora reserves the right to change these Terms of Use at any time. The binding version of the Terms of Use, as amended from time to time, can be viewed and printed out at www.apple.kkiosk.ch.

Last updated: June 2020