General Terms of Trade (AGB / Terms of Trade)

Durubitu (deriving its name from the Akkadian root "duru", meaning permanent, durable, or enduring) is a venture focused on sustainable, circular-economy computing solutions. We believe in high-quality reuse, reducing e-waste, and extending the lifespan of premium enterprise computing hardware.

These General Terms and Conditions (hereinafter "AGB") govern all sales, services, and contractual relationships initiated through the online storefront operated under the domain durubitu.ch.

The e-commerce platform and the commercial trade name Durubitu are owned, managed, and operated exclusively as a sole proprietorship (Einzelunternehmen) under Swiss law by John Francis, resident in Zürich, Switzerland. Throughout these AGB, the terms "Durubitu", "we", "us", or "our" refer directly and exclusively to John Francis.

1.1 Scope: These AGB apply to all legal transactions and contracts concluded between Durubitu and its customers (hereinafter referred to as the "Customer" or "Buyer").

1.2 Delivery Territory: Our product catalog, commercial hardware offerings, and physical delivery services are strictly restricted to Customers who reside or possess a valid, physical delivery address within Switzerland or the Principality of Liechtenstein.

1.3 Exclusion of International Sales: Durubitu does not process orders, accept contractual offers, or ship merchandise to physical destinations located outside of these specified domestic territories.

2.1 Invitation to Treat: The display of merchandise, technical specifications, and prices on durubitu.ch does not constitute a legally binding contract or unilateral offer under Swiss law. It is categorized strictly as a non-binding invitation to treat (invitatio ad offerendum).

2.2 Offer Submission: By completing the checkout process and clicking the purchase confirmation button, the Customer submits a legally binding offer to purchase the selected items from Durubitu.

2.3 Acceptance & Contract Conclusion: A binding purchase contract is concluded only when Durubitu issues a formal shipment confirmation email to the Customer or physically dispatches the purchased goods via Swiss Post.

2.4 Cancellation Rights: Durubitu reserves the absolute right to cancel any order, decline to accept a Customer’s offer, or dissolve the purchase contract immediately and without any financial liability or penalty under the following conditions:

• 2.4.1 The ordered hardware is determined to be unavailable or out of stock.
• 2.4.2 A clear and obvious pricing error occurred on the storefront at the time of purchase.
• 2.4.3 An unexpected software glitch, display error, or inventory tracking issue occurred on the website.

2.5 Refund Policy on Cancellation: In the event of a cancellation or dissolution of the contract pursuant to Section 2.4, any pre-payments made by the Customer will be promptly refunded in full via the original payment method. The Customer shall have no further legal claims against Durubitu over and above this refund.

3.1 Circular Quality Standard: Durubitu specializes in certified refurbished enterprise-grade computing hardware. Prior to sale, all hardware undergoes testing and internal physical cleaning at our facility in Zürich.

3.2 Selection of Tiers: The specific cosmetic condition grade and the battery health capacity tier are designated and selected by the Customer at checkout.

3.3 Contractual Quality Baseline: The selected condition and performance tiers constitute the mutually agreed-upon baseline quality of the hardware for the purposes of the purchase contract. Batteries are consumable components and are subject to special warranty and wear conditions (see Section 3.6 and Section 6.3.1).

3.4 Exclusion of Minor Blemishes: Pre-existing physical cosmetic blemishes, scratches, expected signs of wear, or baseline battery capacity limitations that align with the specific condition tiers selected by the Customer at checkout do not constitute "material defects" under Swiss law (specifically Art. 197 CO) and are strictly excluded from defect or warranty claims.

3.5 Cosmetic Condition Grades

3.6 Battery Health Capacity Tiers

4.1 Shipping & Method: Durubitu ships physical hardware orders using Swiss Post Priority (A-Post) services. Shipping fees, if any, are displayed during the checkout process before the order is finalized.

4.2 Transfer of Risk: By explicit derogation from the statutory provisions of Art. 185 para. 1 of the Swiss Code of Obligations (CO), the risk of accidental loss, destruction, or damage during transit remains fully with Durubitu. The risk passes to the Customer only upon physical delivery or carrier-confirmed mailbox deposit at the shipping address provided by the Customer.

4.3 Post-Delivery Theft: Durubitu disclaims all liability, financial or otherwise, for parcel thefts occurring after Swiss Post officially registers a successful delivery or mailbox deposit at the designated address.

5.1 Immediate Inspection: Under Art. 201 CO, the Customer is legally required to inspect the delivered hardware immediately upon physical receipt for completeness, correctness, and any visible transport or hardware damage.

5.2 Notification Window: Any transport damage, incorrect item deliveries, missing parts, or immediately visible physical defects must be reported directly to Durubitu via email or telephone within seven (7) calendar days of delivery.

5.3 Deemed Acceptance: If the Customer fails to notify Durubitu of visible defects or omissions within this 7-day inspection window, the delivered merchandise and its physical state are legally deemed accepted as free of defects.

5.4 Hidden Defects: Hidden defects that are discovered at a later date must be reported immediately to Durubitu upon discovery.

6.1 Hardware Warranty Period: Durubitu provides a twenty-four (24) month hardware warranty, beginning on the date of successful delivery.

6.2 Coverage Scope: This warranty covers functional hardware defects, motherboard failures, and component malfunctions occurring under normal, standard operating conditions.

6.3 Strict Exclusions from Warranty

• 6.3.1 Rechargeable Batteries: Laptop batteries are consumable components. Durubitu provides the following limited warranty depending on the battery health capacity tier selected at checkout:
  • 6.3.1.1 Excellent & Good Tiers: We guarantee the battery will maintain its capacity grade for six (6) months from delivery (allowing for standard degradation of up to 10% capacity). Furthermore, we guarantee the battery will not fail completely (defined as holding less than 50% of design capacity, or failing to hold a charge at all) for the entire twenty-four (24) month warranty period.
  • 6.3.1.2 Fair & Poor Tiers: Due to the pre-existing degradation of these tiers, warranty coverage for battery capacity, health, and functionality is strictly limited to six (6) months from the date of delivery. After six (6) months, all battery-related claims (including complete failure to hold a charge) are excluded.
  • 6.3.1.3 Exclusion of Normal Wear: Except as guaranteed above, normal, gradual reduction in battery runtime and capacity over time is excluded from warranty claims.
• 6.3.2 Cosmetic Issues: Any cosmetic wear, scuffs, scratches, dents, or aesthetic blemishes (whether present at the time of delivery or arising thereafter) are strictly excluded from warranty coverage.
• 6.3.3 User-Inflicted Damage: Any failures or hardware damage resulting from drops, shocks, liquid spills, moisture, improper physical storage, or unauthorized modifications.
• 6.3.4 Unauthorized Self-Repairs: Any attempt to open, repair, modify, or adjust the hardware by the Customer or unauthorized third parties instantly voids the remaining warranty.
• 6.3.5 Software & OS: Operating system failures, software-induced errors, malware, and firmware modifications are excluded.

6.4 Warranty Fulfillment: Durubitu fulfills its warranty obligations at its sole discretion by one of the following methods:

• 6.4.1 Repair: Free-of-charge repair of the defective component.
• 6.4.2 Replacement: Replacement of the device with an equivalent unit. A replacement unit is deemed equivalent if it is the same model with a cosmetic grade and battery health capacity at least equal to or better than the Customer's unit (taking into account the age and usage since purchase). Durubitu also reserves the right to replace the device with a newer model of the same brand and product family.
• 6.4.3 Store Credit or Refund: Issuance of store credit or a refund, subject to the cap in Section 8.3.

7.1 Return Right: Customers have the right to return purchased computing hardware within thirty (30) calendar days of delivery for a refund.

7.2 Free Return Labels: Durubitu provides free domestic Swiss Post return shipping labels to all customers in Switzerland and Liechtenstein.

7.3 Criteria for a 100% Refund: To qualify for a full refund of the original purchase price, the returned item must fulfill the following criteria:

• 7.3.1 Original Condition: The hardware must be returned in the identical functional and cosmetic condition in which it was delivered to the Customer.
• 7.3.2 Complete Accessories: The return shipment must be packaged securely and professionally, and it must include all accessories originally provided (such as matching chargers and power cables).
• 7.3.3 Device Unlinked: The hardware must be completely unlinked and removed from all personal user accounts, local passwords, BIOS locks, and cloud management systems (such as Apple ID, iCloud, Google Account, or Microsoft Autopilot / Intune).

7.4 Restocking and Processing Fees: If any original accessories are missing, new physical or cosmetic wear has occurred, or cloud-based locks remain active upon receipt, Durubitu reserves the right to deduct a minimum restocking and processing fee of 10% from the refund value or refuse the return entirely.

8.1 Data Backups: The Customer bears sole and absolute responsibility for backing up, securing, and transferring their personal data, software, and files. Durubitu makes no promises, guarantees, or representations regarding data retention, safety, or recovery. This responsibility lies entirely with the Customer before sending any device for repair, replacement, or return.

8.2 Legal Limitation: To the maximum extent permitted by Swiss law (excluding cases of gross negligence or unlawful intent under Art. 100 CO), Durubitu disclaims all liability for:

• 8.2.1 Data Loss: Any loss of data, corrupted files, software errors, or data recovery costs, including those occurring during warranty servicing or hardware repairs.
• 8.2.2 Indirect Damages: Indirect, incidental, or consequential damages, including lost corporate profits, business interruption, loss of revenue, or system downtime.

8.3 Liability Cap: Any financial liability, store credit, or refund issued under warranty, contract, or default is capped at the original purchase price paid by the Customer for the specific hardware unit.

9.1 Ownership: All delivered merchandise and hardware remain the sole and exclusive property of Durubitu until Durubitu has received full, finalized, and cleared payment for the corresponding purchase order.

9.2 Payment Default & Registry: In the event of payment delays, failed transactions, installment defaults, or chargebacks, Durubitu reserves the right to officially register a retention of title in the public register at the buyer's domicile (under Art. 214 CO) and demand the immediate physical return of the hardware.

10.1 Governing Law: All legal and contractual relationships between the Customer and Durubitu are governed exclusively by Swiss substantive law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly and completely excluded.

10.2 Jurisdiction: The exclusive place of jurisdiction for all disputes arising from, or in connection with, these terms and any transaction conducted with Durubitu is Zürich, Switzerland.

10.3 Severability Clause: Should individual provisions of these AGB be wholly or partially void, invalid, or legally ineffective, the validity and legal power of the remaining provisions shall remain completely unaffected (in accordance with Art. 20 para. 2 CO).