Stand: October 2023

1. Scope

1.1 These general terms and conditions (hereinafter: “T&C”) regulate your contractual relationship with Foxway OÜ, Killustiku põik 1, Vahi , 60534 Tartu county Estonia (hereinafter: “ Foxway ” or “us”) as part of the purchase service program on
mediamarkt-online-ch.foxway.tech.

1.2 Further information about the purchasing service program can be found at https://mediamarkt-online-ch.foxway.tech .

1.3 The following conditions apply to the purchase of your used electronic device (hereinafter: “old device”) by us in the version valid at the time the contract is concluded. You can save and print these here for free at any time.

1.4 We only buy old devices from consumers who have reached the age of 18 and are resident in Switzerland.

2. Purchase offer

2.1. Within mediamarkt-online-ch.foxway.tech purchase service program, you have the opportunity to offer us an old device for purchase. To do this, you indicate in a dialogue-supported process which old device you would like to offer us for purchase, what condition it is in and what accessories are available. You are obliged to provide true and complete information.

2.2 Please only offer us old devices for which you can provide the guarantees in Section 5 .

2.3 After entering this data, a probable value for your old device will be calculated and displayed on the basis of this data (hereinafter: “provisional purchase value”). By submitting your offer to purchase your old device and sending it to us, you are making us a binding offer to purchase your old device at the provisional purchase value as the minimum purchase value (hereinafter: “purchase offer”). We are not obliged to accept your purchase offer and are entitled to reject it at any time, even for no reason, and to return your old device.

2.4 A contract for the purchase of your old device by us is concluded through our acceptance of your purchase offer in accordance with the options set out in Section 4 . If the contract is concluded, the value of the old device will be paid out through a gift card from Media Markt Management AG in Switzerland ( Section 8.1 ). As part of special promotions, payment is made via bank transfer ( Section 8.3 ).

3. Packaging and sending in your old device

3.1 In order for us to check your old device and its value, you have to send your old device to us, or to our service partner, as described in this section.

3.2 Before sending it to us, please delete all data from your old device (see section 6 ), remove the SIM card and pack your old device carefully. Do not include any additional goods or accessories (e.g. cell phone cases) that are not part of the purchase offer. Any additional goods or accessories included will be recycled by us and cannot be returned. We also do not provide any compensation for this.

3.3 To ship the old device to us, we will provide you with a shipping label via email, which you can print out and attach to the shipping packaging of the old device. If you use this shipping label, shipping is free of charge and insured up to CHF 500 if you have packed the old device in accordance with the general shipping conditions .

3.4 To send your old device to us, you are obliged to place the old device in sturdy shipping packaging and to protect it against damage during transport with sufficient packaging material (e.g. newspaper or other padding material, adhesive tape). In this respect, the requirements of the transport service provider Swiss Post apply ( shipping conditions and general terms and conditions of Post CH, section 3).

3.5 If we inspect your submission and discover that the old device is damaged, deviates from the condition described or is not in the shipping packaging, you are obliged to prove to us that you placed the device in the shipping packaging in accordance with the packaging instructions and submitted it for shipment have.

3.6 If your old device offered to us is not received by us within fourteen (14) days after completion of the price calculation and preparation of the purchase offer, your purchase offer to us and the provisional purchase price we have calculated for this device will expire at the end of the fourteenth (14) day. In this case, you must recalculate the price for your old device in accordance with Section 2 and, in the process, also submit a new purchase offer.

4. Conclusion of contract

4.1 After receiving your submission, we will confirm receipt of the shipment by email. This email does not constitute acceptance of your purchase offer.

4.2 We will then immediately check the old device you sent in and compare your information about the condition of the old device with its actual condition. The further procedure depends on the examination result. There are four options here:

4.2.1 Your device is in the stated condition , i.e. the value of your old device corresponds to the provisional purchase value. In this case, we will accept your purchase offer, confirm the conclusion of the contract by email and send you the determined payout amount in accordance with Section 8.1 . You don’t need to do anything else.

4.2.2 Your device is in better condition than stated , i.e. the value of your old device is above the provisional purchase value. In this case, when you send it in for inspection, you agree that we will purchase your old device at the higher residual value. We accept your purchase offer, confirm the conclusion of the contract and send you the determined payout amount in accordance with Section 8.1 .

4.2. 3 Your device is in a worse condition than stated , i.e. the value of your old device is below the preliminary purchase value. In this case, we will inform you of the lower value and the reasons for this by email and ask you whether you agree to us purchasing your device at this lower value (hereinafter: “new purchase offer”).

(a) If you agree to this new purchase offer and inform us of your consent to this within ten (10) days of sending our email, we will purchase the old device at this price and send you the agreed payment amount in accordance with Section 8.1 .

(b) If you do not agree with our new purchase offer , no contract will be concluded and we will send your old device back to the address you provided. A contract will also not be concluded if you do not respond to our new purchase offer within ten (10) days. In this case, too, we will send your old device back to you.

4.2.4. You have sent us a different device than stated in the purchase form, i.e. the old device offered and the old device sent in are not the same: In this case, we will decide whether we can make you a purchase offer for this old device.

(a) If we make you an offer, we will inform you of the value we have determined and the reasons for this by email and ask you whether you agree to us purchasing your old device at this value (hereinafter: “new purchase offer”) ).

( aa ) If you agree to this new purchase offer and inform us of your consent to this within ten (10) days of sending our email, we will purchase the old device at this price and send you the agreed payment amount in accordance with Section 8.1 .

( bb ) If you do not agree with our new purchase offer , no contract will be concluded and we will send your old device back to the address you provided. A contract will also not be concluded if you do not respond to our new purchase offer within ten (10) days. In this case, too, we will send your old device back to you.

(b) If we do not make you an offer for this old device, no contract will be concluded and we will return your old device to the address you provided.

4.3. If your purchase offer is accepted, ownership of the old device will pass to us at the time the contract is concluded.

5. Seller’s guarantees

You warrant that:

• Any old device offered by you is lawfully your sole property and you have the unrestricted right to freely dispose of this device or is owned by a third party, but this third party has expressly authorized you to sell and transfer this device,
• To the best of your knowledge and belief, you are not aware of any reasons that would reasonably allow you to assume that the device you are offering has been, is or could be the subject of a criminal offense, in particular fraud, theft and/or other property crime,
• To the best of your knowledge and belief, you are not aware of any reasons or suspicions, such as the origin of the device or the price you originally paid when you purchased it, that would justify the assumption that the device is not genuine, i.e. a (branded) counterfeit and / or constitutes copyright infringement and thus violates the rights of a trademark owner and/or author,
• Your offer to us does not violate any other rights of third parties,
• Your device description is correct and complete and not misleading,
• You do not disclose to us any obvious and/or hidden defects in the device that are known to you.

If there are any doubts about your ownership or the origin of the device, we reserve the right to request evidence (e.g. a copy of the purchase receipt).

You undertake to indemnify us against all claims made by third parties against us in relation to the device offered by you. You also undertake to compensate us for any damages, including reasonable legal defense costs, which we incur as a result of claims made by third parties.

6. Special obligations of the seller, data deletion/data protection

6.1 You as the seller have the obligation to remove all passwords from the device sent to us that make it impossible for us to check and/or resell the device. If it is not technically possible for you to remove them, you must inform us of the passwords that you believe cannot be removed at the same time as you send us the devices.

6.2 You are responsible for backing up your data on the old device and then securely deleting the data before submitting it. This applies in particular to personal and confidential data, such as addresses, messages, calendar entries, photos and videos. However, as part of the device check, we delete data and reset the device as standard.

6.3 We do not provide data backup for old devices sent in and cannot return any storage media. We bear no responsibility for data that you have incorrectly deleted reaching the knowledge of third parties.

6.4 You release us from all claims, including those of third parties, that result from the fact that data was still present on the old device or its data carriers that were sent in. You release us from all claims that third parties assert against us in relation to the old device offered by you.

7. Customer Data

7.1 To process the purchase, we need your first and last name, your address and, to send the gift card, your email address. In the case of Section 8.3, we also need your bank details.

7.2 The data must be provided completely and correctly. If this data changes, you are obliged to update your information immediately.

7.3. Please also note our data protection declaration DRAFT Link

8. Consideration for the purchase

8.1 We will generally send you the agreed payout amount as a gift card by email ( Section 8.2 ). For special promotions, payment is made by bank transfer ( Section 8.3 ).

8.2 If we confirm your purchase offer in accordance with Section 4.2.1 or 4.2.2, you will usually receive the agreed purchase price in the form of an electronic gift card of the corresponding value.

8.2.1 You can print out the gift card and use it as a payment method in all of MediaMarkt’s stationary Swiss stores in Switzerland or in the online shop at www.mediamarkt.ch . This applies accordingly to the conclusion of a contract in accordance with 4.2.3(a) for the purchase price agreed between us.

8.2.2 We assume no liability for the products or services you purchase from Media Markt Switzerland with the gift card. The contract concluded with Media Markt Management AG in Switzerland using the gift card is concluded exclusively between you or the legitimate voucher holder and Media Markt Management AG in Switzerland. We are therefore not liable to you for breaches of duty by Media Markt Schweiz in the contracts concluded between you and Media Markt Management AG in Switzerland using the gift card.

8.2.3 The gift card is an accepted payment method of Media Markt Management AG, Allmendstrasse 23, 8953 Dietikon, Switzerland. The terms and conditions of https://www.mediamarkt.ch/de/shop/bestellen/geschenkkarte.html apply

8.3. Payment will only be made by bank transfer if this is expressly stated in the terms and conditions of a promotion and your bank details were requested as part of the registration process. Otherwise, payment will always be made using a gift card in accordance with Section 8.1 .

9. Liability

9.1 We are liable without limitation for damage caused intentionally or through gross negligence by us, our employees and vicarious agents, for fraudulent concealment of defects, for assuming a quality guarantee and for damage resulting from injury to life, body or health.

9.2 We are only liable for other damages if an obligation is violated, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligation) and if the damages are typical and foreseeable due to the contractual use of the services . Any liability under the Product Liability Act remains unaffected. Any liability on our part that goes beyond the above is excluded.

10. Final provisions

10.1 Changes or additions to these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.

10.2 The law of the Republic of Estonia and the jurisdiction of the Estonian courts apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The applicability of mandatory standards of the country in which you have your habitual residence when the contract is concluded remains unaffected by this choice of law.

10.3 The European Commission provides an online dispute resolution platform, which you can find (with all the necessary information) via this link: www.ec.europa.eu/consumers/odr . We are neither willing nor obliged to take part in dispute resolution proceedings before consumer arbitration boards.