Lenovo Terms of Sale for Lenovo products

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Lenovo Terms and Conditions (T&C)
(as of February 2023)

1. Scope

Thank you for shopping at Lenovo.com ("Website"). If you place your order through the Website or by telephone, your purchase will be subject to these Lenovo Terms and Conditions ("T&C"). Therefore, please read the T&C carefully before placing an order.  

The offer is intended exclusively for end consumers who are of legal age and have a delivery address in Switzerland. Deliveries will be made only in customary quantities. Should you wish to place orders for the commercial, business, or freelance use of the products, please make use of the corresponding offers.  

The T&C do not apply to any third-party products included in or associated with our products that we may offer from time to time. Third-party products are software and other digital products and content from other manufacturers that are marked accordingly as such. Unless otherwise agreed, these third-party products are subject to the licensing, support, liability, and other terms and conditions of their respective manufacturers, which will be provided to you at the time of order or upon delivery. Any updates to third-party products are the responsibility of their manufacturers.  

Products and Services purchased on Lenovo’s website, Lenovo.com are subject to the US Export Administration Regulations. They are for Customer’s own use within the territory in which they are purchased and may not be resold except by an Authorized Lenovo Reseller, exported or reexported to other territories. Lenovo reserves the right to refuse or cancel any order in which Lenovo suspects the Customer is purchasing Products or Services for the purpose of reselling or exporting them. By moving forward with this order, you confirm that you agree you will not resell, export or reexport all Products and Services in violation of this agreement.

Contact information of the seller

Lenovo (Schweiz) GmbH
Baslerstrasse 60
8048 Zurich
https://www.lenovo.com/ch/en/contact

If you have any questions about your order, please contact us directly. We will direct your question to the appropriate customer service team.

 

2. Order placement and conclusion of contract 

2.1 When we offer products for sale on this Website, this does not constitute a binding offer to conclude a contract. Only when you place an order by clicking or activating the corresponding button or link on the Website are you making us a legally binding offer to purchase the products you have selected under the T&C. However, this offer is always subject to the condition subsequent either that delivery is impossible or that a price was specified incorrectly.  

2.2 We accept your offer by shipping or otherwise providing the product, for example by providing a download link. The confirmation of receipt generated in advance by the system, which we will send you immediately after you have placed your order, is merely a confirmation of your offer and does not constitute an acceptance of your offer. In this email or in a separate email, but no later than upon delivery, we will send you the text of the contract (consisting of the order, the T&C, and an order confirmation).  

2.3 You can select the desired products from our assortment and collect them in a shopping cart. Before placing your order, you can call up the shopping cart at any time and view and change the items in it. Placement of the order implies agreement with the applicability of the T&C and the confirmation of your acknowledgement of the privacy statement.  

2.4 By placing an order, you consent to our use of electronic communications in connection with your order and electronic delivery of notices, contract documents, and records.  

2.5 The contract is concluded in German. In accordance with the statutory data protection requirements, we will retain the text of the contract.

 

3. Product description, prices, and shipping costs 

3.1 We take the utmost care to ensure that the products we offer for sale on the Website are described and represented as accurately and completely as possible. The prices shown on the Website at the time of your order apply.  

3.2 The prices shown on the Website include value added tax (VAT) and prepaid recycling fee (VRG) in Swiss francs. Additional costs (such as shipping costs, packaging costs, surcharges for certain payment methods, transport guarantee, services, and installation fees) are not included in the price, are shown separately, and may be charged additionally. We reserve the right to make technical changes and cannot assume liability for errors or misprints.  

3.3 The shipping costs will be indicated to you during order placement on our Website and in the contract terms and must be paid by you, unless you exercise your right of cancellation  

3.4 In the event of cancellation of the contract, you must pay the direct costs of the return shipment.

 

4. Provision of software  

4.1 If the product we offer for sale is software, we will grant you the right to use the software in accordance with the license terms specified in the order placement process upon conclusion of the contract. The right of use is valid for the contractually agreed period of provision. After the end of an agreed provision period, the software may no longer be used.  

4.2 Except as permitted by mandatory legal requirements or applicable license terms, the software may not be copied, adapted, translated, made available, distributed, altered, modified, disassembled, decompiled, reverse engineered, or combined with other software.

 

5. Payment terms 

No later than at the start of your order placement process, you will be shown the payment methods supported. The payment will be made using the payment method you select. Some payment methods may be subject to the payment provider's own terms and conditions.  

In the case of payment by credit or debit card, we reserve the right to contact the issuing institution to obtain account confirmation and, if necessary, authorization for payment in order to protect you from account misuse.

 

6. Shipping and delivery

6.1 We deliver exclusively to delivery addresses within Switzerland. If we accept your offer, we will make all commercially reasonable efforts to ship and deliver physical products to the destination specified by you in the order process and indicated on the order confirmation we send to you. You must verify the shipping address ("Shipping Address") you provide during the order placement process. If there are any errors or important data is missing there, you must contact us to correct the Shipping Address as soon as possible. After your order has been processed and fulfilled, we cannot change the Shipping Address.  

6.2 Delivery times we indicate on the Website are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except for purchase on account, if applicable).

 

7. Right of cancellation

7.1 According to the following cancellation policy, you have the right to cancel the contract within 14 calendar days without giving any reason.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period begins fourteen days from the day on which you or a third party you name, who is not the shipping company, have taken possession of the goods.

To exercise your right of cancellation, you must inform us,

Lenovo (Schweiz) GmbH
Baslerstrasse 60
8048 Zürich
https://www.lenovo.com/ch/en/contact

of your decision to cancel this contract by means of an unambiguous declaration (for example, a letter sent by mail, a fax, or an email). You may use the attached sample cancellation form for this purpose, but are not required to do so.

To comply with the cancellation deadline, it is sufficient for you to send notification that you are exercising the right of cancellation before the cancellation deadline.

Consequences of cancellation

If you cancel this contract, we will be obligated to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the standard cost-effective delivery we offer), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notified us of the cancellation of this contract. The deadline will be deemed met if you send the goods before the fourteen days have elapsed. For certain products, Lenovo may arrange for product pickup.

You will bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if that loss of value is due to handling of the goods other than that necessary for inspection of their condition, properties, and proper functioning.

7.2 The right of cancellation does not apply

• To any contract involving the delivery of sound recordings, video recordings, or computer software in sealed packaging, if the seal is removed or broken after delivery,

• To any contract which includes the delivery of goods which are not prefabricated, and for the manufacture of which an individualized selection or specification by you is decisive, or which are clearly tailored to your personal requirements.

7.3 If this contract involves the delivery of digital content that is not delivered on a physical medium, your right of cancellation will not apply if you (1) expressly agree that we will commence performance of the contract prior to the end of the cancellation period and (2) confirm your awareness that, with your consent, you will lose your right of cancellation upon commencement of performance of the contract.

7.4 You may use the following form to exercise your right of cancellation. The use of this form is not required.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

- To [the name, address, and if applicable the fax number and email address of the company should be inserted by the company]:

- I/we (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) / received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if notice is sent on paper)

- Date


(*) cross out any that do not apply]

 

8. Warranty

8.1 The statutory warranty claims (in particular rescission and reduction) are excluded and replaced by the existing Limited Warranty. This Limited Warranty is subject to the applicable conditions, which you can view here: https://support.lenovo.com/ch/en/solutions/ht100140

8.2 If we provide you with updates during the provision period for software sold by us that are necessary to maintain the contractual conformity of the software, and if we inform you of the update but you fail to install the update within a reasonable period of time, we shall not be liable for any defect in the software that is solely due to failure to install the update. This exclusion of liability does not apply if you were not informed about the availability of the update and the consequences of failure to install it, and/or the failure to install or improper installation is due to a defective installation manual provided to you.

9. Additional conditions for third-party products

9.1 Your use of the products we offer may be subject to additional terms and conditions if our products are associated with or include any third-party products. Before you complete your order, please carefully read all additional terms and conditions presented to you. Do not place the order if you do not agree with these additional conditions. If additional conditions are delivered with your product, please check them immediately. If you do not agree with these additional conditions, do not use the product. Contact customer service to initiate a return. This does not affect your statutory claims for defects.  

9.2 The products purchased through this Website may only be used in accordance with the instructions and licenses that accompany the products. To the extent that third-party products of other manufacturers are included in or associated with the products we manufacture and distribute, we may from time to time provide you with updates/upgrades for such third-party products of other manufacturers, which must be installed by you in order to use the purchased product without problems. Even if we provide such updates/upgrades, we shall not be liable for the updates, installation manuals, or their installation by you. We cannot accept any claims for liability for defects, damages, or indemnification against us in relation to or in connection with the third-party products.

 

10. Limitation of liability

10.1: Our liability shall be governed by the applicable statutory provisions. However, claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo, and tort shall be excluded, except in cases of intentional misconduct or gross negligence. We cannot accept liability for indirect and consequential damages resulting from use, malfunction, or failure of performance.  

10.2 In all other respects we decline liability in the following cases:  

- Improper, non-contractual, or unlawful storage, adjustment, or use of the products;

- Use of incompatible spare parts or accessories (such as the power supply)  

- Failure to maintain and/or improper modification or repair of the products by the customer or a third party;  

- Force majeure, in particular damage caused by the elements, moisture, falls, or impacts, etc., for which we are not responsible, as well as official directives.  

10.3 We shall only be liable for the loss of data up to the amount of the typical recovery costs that would have been incurred if data had been properly and regularly backed up. 

10.4 The limitation of liability stated in the preceding paragraph shall also apply to our legal representatives and vicarious agents.

 

11. Your privacy

Our privacy statement explains how we process the personal data that you submit to us via the Website.  

Click here https://www.lenovo.com/ch/en/privacy/ to read Lenovo's currently applicable privacy statement.

 

12. Concluding terms

12.1 All legal relationships between Lenovo (Schweiz) GmbH and the customer are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

12.2 The place of jurisdiction for actions brought by consumers shall be their place of residence or Zurich. In all other cases, Zurich shall be the exclusive place of jurisdiction.  

12.3 We reserve the right to change the T&C at any time. The version of the T&C in force at the time of order placement shall apply in each case and may not be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from the T&C shall not be recognized. 

12.4 If any provision (or any portion of a provision) of the T&C is found to be invalid, illegal, or unenforceable, this shall not affect the validity of the remaining provisions and the T&C as a whole, and such provisions shall be enforced to the maximum extent permitted by applicable law.

 

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