Terms of service

OVERVIEW

Welcome to PCWerk.ch! The terms "we", "us" and "our" refer to PCWerk.ch. PCWerk.ch operates this store and this website, including all associated information, content, features, tools, products and services, in order to offer you, the customer, a curated shopping experience (the "Services"). PCWerk.ch runs on Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with all policies referred to herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting or using our Services, or by interacting with our Services, you agree to these Terms and Conditions and to our Privacy Policy. If you do not agree to these Terms and Conditions or to the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you confirm that you are at least of legal age in your state or province of residence and that you have given us your consent for any minors in your care to use the Services on devices that you own, purchase or manage.

To use the Services – including to access or browse our online stores or to purchase the products and services we offer – you may be asked for certain information, such as your email address and billing, payment and shipping details. You warrant that all information you provide in our stores is accurate, current and complete, and that you hold all rights necessary to provide that information.

You are solely responsible for the security of your login credentials and for all activity in your account. You may not transfer, sell, assign or license your account to third parties.

SECTION 2 – OUR PRODUCTS

We have made every effort to present our products and services accurately in our online stores. Please note, however, that the colours or appearance of products may differ from what is shown on your screen, depending on the type of device you use to access the store and on your device's settings and configuration.

We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the images or descriptions in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit, on a case-by-case basis, the quantities of products we offer to any person, geographic region or jurisdiction.

SECTION 3 – ORDERS

When you place an order you are making an offer to purchase. PCWerk.ch reserves the right to accept or decline your order at its own discretion and for any reason. Your order is only accepted once PCWerk.ch confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as PCWerk.ch may no longer be able to act on cancellation requests once the order has been accepted. If we do not accept, or if we change or cancel an order, we will try to notify you using the email address, billing address and/or telephone number provided with the order.

Returns and exchanges of your purchases are governed exclusively by our Refund Policy.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time the order is placed and is stated in your order confirmation email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices shown in our online stores may differ from prices in our physical stores or in online stores and other shops operated by third parties. From time to time we may offer promotions relating to our Services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion prevail.

You undertake to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to update your account information and other data promptly – including your email address and credit card numbers and expiry dates – so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card details you provide are true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges you incur will be honoured by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by shipping providers, customs clearance or events beyond our control. Once we have handed the goods to the shipping provider, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services – including but not limited to all trademarks, brands, texts, advertisements, images, graphics, product reviews, videos and audio files, and their design, selection and arrangement – are the property of PCWerk.ch, its affiliates or its licensors and are protected by Swiss and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Services, or create derivative works from them. Except as expressly provided herein, nothing in these Terms grants you, or may be construed as granting you, a licence or other rights under any patent, trademark, copyright or other intellectual property of PCWerk.ch, Shopify or any third party. Unauthorised use of the Services may constitute a breach of intellectual property law. All rights not expressly granted herein are reserved to PCWerk.ch.

The names, logos, product and service names, designs and slogans of PCWerk.ch are trademarks of PCWerk.ch or its affiliates or licensors. You may not use these marks without the prior written permission of PCWerk.ch. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services you may be given access to customer tools provided by third parties. We neither monitor nor have any control or influence over these tools.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We accept no liability whatsoever for damages arising from or connected with the use of optional third-party tools.

Any use by you of the optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarise yourself with, and accept, the terms of use of the relevant third-party tools.

We may also offer new features through the Services in future (including the release of new tools and resources). Such new features likewise form part of the Services and are subject to these Terms and Conditions.

SECTION 8 – EXTERNAL LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for damages connected with your access to external websites or with your purchase or use of products, services, resources or content on external websites. Please review the third party's policies and procedures carefully and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party concerned.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

PCWerk.ch runs on Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with PCWerk.ch. By using the Services you confirm that Shopify is not responsible for any aspect of sales between you and PCWerk.ch, including any injury, damage or loss arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and transactions with PCWerk.ch.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may also be subject to Shopify's privacy policy. By using the Services you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is transmitted and disclosed to Shopify and to third-party providers who may be located in a country other than your country of residence, so that services can be offered to you. For further information on how we, Shopify and our partners use your personal data, please see our Privacy Policy.

SECTION 11 – FEEDBACK

If you send, upload, publish, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media and for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services, and to fulfil our obligations and exercise our rights under these Terms and Conditions.

You further represent that: (i) you own or control all rights necessary in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) treat your Feedback as confidential; (2) pay you any compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms and Conditions.

You agree that your Feedback will not infringe the rights of third parties, including copyright, trademark rights, privacy rights, personality rights or any other individual or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, and will not contain computer viruses or other malware that could in any way impair the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We accept no responsibility or liability for Feedback published by you or by third parties.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions at any time without prior notice, and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services for the following purposes: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or damage our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use material that does not comply with these Terms; (g) to send, or procure the sending of, advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which in our judgement may harm PCWerk.ch, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any portion of the Services; (c) collect or track the personal data of others; (d) misuse the Services for spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data harvesting and extraction tools, automatic devices or processes, AI tools (for example agentic AI), or automated or manual means to access the Services; or (f) impair, circumvent or manipulate the security or authorisation features, the robot exclusion header, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have breached any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (the "Agent Terms") applies if you use, permit, enable or cause the use of an agent to access, use or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that may be executed on behalf of, or using the device of, a person without direct supervision.

14.2 No agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements in Section 14.4 below. In addition, no agent is permitted to access, use or interact with the Services if we have asked it to refrain from accessing, using or interacting with a Service.

14.3 We may restrict, including by technical means, whether and how an agent accesses, uses and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) must not conceal or obscure that access, use or interaction originates from an agent, for example by (a) imitating human behaviour and interaction patterns or (b) completing or circumventing CAPTCHAs or measures intended to distinguish use by computers from use by humans; (iii) must answer truthfully any questions or prompts intended to establish whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify or control whether and how agents access, use or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) at our sole discretion at any time and without notice, and you remain obliged to pay all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 – WARRANTY DISCLAIMER

The information provided on or through the Services is for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by any other visitor to the Services, or by anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY PCWerk.ch, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PCWerk.ch, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY KIND OF INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER SUCH DAMAGES ARE CLAIMED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR OF THE PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS AND OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR OF CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless PCWerk.ch, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims payable to third parties, including reasonable legal fees, arising out of or in connection with (1) your breach of these Terms and Conditions or of the documents incorporated herein by reference, (2) your breach of applicable law or the rights of third parties, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a delay in notification does not release you from your obligations unless it causes you material prejudice. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations of you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnifiable claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.

These Terms and Conditions, together with any policies or operating rules we publish on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written (including, among other things, earlier versions of the Terms and Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, assign or transfer this agreement or your rights and obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and Conditions, and any separate agreements under which we provide Services to you, are governed by and construed in accordance with the jurisdiction of the federal, cantonal or territorial courts at the registered office of PCWerk.ch. You and PCWerk.ch consent to the venue and personal jurisdiction of those courts.

SECTION 23 – HEADINGS

The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THESE TERMS AND CONDITIONS

The most current version of the Terms and Conditions can be viewed on this page at any time.

We reserve the right to update, change or replace parts of these Terms and Conditions at our discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these Terms as required by applicable law, and those changes take effect on the date stated in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to Support@itprofisgroup.ch.

Our contact details are below:

PCWerk.ch
Support@itprofisgroup.ch
ITProfisgroup GmbH, Stationsstrasse 33, 8306 Brüttisellen, Switzerland
+41 44 500 00 10

This is a translation provided for your convenience. In case of any discrepancy, the German version of these Terms and Conditions applies.