General Terms and Conditions for services (GTC)
LAST UPDATED AUG, 2021
1. Scope of application
These General Terms and Conditions (GTC) together with any order forms or framework agreements and the data protection declaration, govern the legal relationship between contactify AG, Technoparkstrasse 2, CH-8406 Winterthur (hereinafter referred to as the supplier) and its customers (hereinafter referred to as the customer) with regard to all contracts concluded between the parties, irrespective of the type of contract. Additional provisions may apply to services as well as licensing agreements.
Any provisions of the customer that conflict with these GTC are hereby expressly excluded.
By placing an order or signing a licence agreement the customer expressly agrees to these GTC, the data protection declaration and the other contractual components.
2. Conclusion of contract in general
Offers made by the supplier on its website, in catalogues, brochures, etc. are non-binding. Changes in price and product range as well as technical changes remain reserved. Product information such as technical data, illustrations and compatibility assurances are based on third-party information and do not bind the Seller. Furthermore errors, printing and representation errors remain reserved.
By placing an order by post, fax, telephone, email in the online shop or in any branch, the customer makes a legally binding offer to conclude a contract. The contract is concluded when the Supplier expressly accepts this offer, e.g. by order confirmation, confirmation email, in the online shop customer account or by delivery.
The conclusion of the contract is always under the suspensive condition of delivery availability on the part of the supplier or a supplier of the supplier as well as the sufficient creditworthiness of the customer. Model changes remain reserved provided that warranted characteristics and purchase price remain the same. Any amount paid in advance will be credited in the case of non-delivery or refunded at the express request of the customer.
The Supplier shall endeavor to indicate availability and delivery times in the online shop. However, delays in delivery may occur in particular due to production or delivery shortages both at the Supplier itself and at the third-party supplier. All information on availability and delivery time is therefore without guarantee and may change at any time.
All prices are in Swiss Francs (CHF) excluding VAT. The price lists that is valid at the time of the conclusion of the contract or the contractually agreed prices shall apply. Changes to the price list remain reserved.
4. Terms of payment
Invoices shall be paid within 30 calendar days from the date of the invoice, provided that no advance payment has been made. If the customer does not meet his payment obligation at the end of the 30th calendar day, he shall be in default without further ado.
In case of delay in payment by the customer, the supplier shall be entitled to cancel orders of the customer that have already been confirmed. Any reminder, operating and legal enforcement costs as well as any interest on arrears may be charged to the client.
Credit and debit cards or bank transfer for purchase on account are accepted as means of payment. The Supplier reserves the right to offer individual assortment items exclusively by credit card payment or prepayment. If the payment is made by credit card, the customer's account will be debited when the goods are dispatched.
5. Service package subscription and SaaS product
When purchasing a service package or SaaS product, the invoices are sent monthly according to the order confirmation. Invoices have to be paid in accordance with the first paragraph of this clause. The term of the Service Package is also based on the order confirmation and amounts to one year and is automatically extended by one year without an express or implied termination by the customer. Longer terms which are agreed in the respective license or service agreements must be observed and take precedence over section 6 of these GTC provisions. Cancellation can be sent to contactify AG at any time within the term of one year, in which case the subscription will be terminated at the end of the subscription year. Deviating notice periods, which are agreed in the respective license or service agreements must be observed and take precedence over section 6 of these GTC provisions.
The corresponding scope of services and products of the service packages are also based on the order confirmation respectively the purchase contract.
6. Retention of title
The delivered goods remain the property of the Supplier until the payment has been made in full. In this sense, the customer authorizes the supplier to have a reservation of title entered in the register.
7. Delivery and delivery costs
The 1st delivery is usually made with the next possible issue from the order confirmation and can be seen on the invoice. Letter post items are sent by Swiss Post. Companies/persons who have a P.O. box receive all letter post items via P.O. box.
The price includes all handling and packaging charges which are borne by the supplier. Not included are the shipping charges, which are to be borne by the buyer and will be shown on the invoice.
In case of delays in delivery of more than 30 days, the customer shall be entitled to withdraw from the contract after a written reminder only. The supplier reserves the right to offer the Customer an item of equivalent quality and price in the case of unavailability of the ordered item. The Supplier is not liable for delays in delivery caused by manufacturing companies or third parties.
8. Dispatch and risk assumption
The contract products shall be inspected and packaged in accordance with commercial standards during dispatch.
Risk and danger regarding shipped contractual products pass to the customer when the products are shipped.
In the event of non-performance or improper performance by the Supplier, the Customer shall be entitled to rescission, reduction and compensation. Substitute performance is expressly excluded.
Unless otherwise stated, the limitation period for warranty claims for obvious and hidden defects is 24 months from the date of invoice. The customer is obliged to report obvious defects no later than 3 days after receipt of the delivery, and hidden defects within 14 days of discovery. The defective goods must be sent with a copy of the invoice and a detailed description of the defect to the following address:
The transport costs incurred for the returns shall be borne by the customer. In the case of a warranty claim, the supplier shall decide whether an exchange or a credit note shall be issued; a reduction in the purchase price is possible by mutual agreement. Excluded from the warranty are damages for which the customer is solely responsible, e.g. as a result of improper handling, natural wear and tear or external influences for which the supplier is not responsible.
The supplier's liability shall be governed by the statutory provisions, subject to paragraph 2 hereof.
The supplier is not liable for slight negligence, acts and omissions of its auxiliary persons or third parties and for erroneously incorrect price quotations. The supplier, its auxiliary persons and any vicarious agents are not liable for damage that has not occurred to the goods themselves in particular not for loss of profit or other financial losses or other indirect damage.
This exclusion of liability does not apply to personal injury, to damage caused intentionally or by gross negligence, as well as to damage which is covered by product liability legislation.
11. Data protection
The supplier undertakes to comply with the applicable provisions of data protection law when processing the customer's personal data.
The rights of the customer as a person concerned, the categories of data processed, the purposes of processing and the legal grounds for justification are explained in the data protection declaration of contactify AG. The data protection declaration is an integral part of the purchase contract respectively of these GTC and is available in its current version at any time on the website of contactify AG at contactify.biz.
The customer is responsible for ensuring that the customer's data required by the supplier for product manufacture has been correctly collected, processed, and delivered to the supplier in accordance with Swiss and European data protection guidelines. The Supplier is expressly not obliged to check the plausibility and correctness of the content of the data transmitted to it. After the receipt of the products, the customer has a duty of inspection, which includes the verification of the correctness and plausibility of the contents.
12. Final provisions
The Supplier reserves the right to amend the GTC at any time. The changes will be brought to the attention of the customer by publication on contactify.biz.
Should any provision in these GTC or any other agreement be or become invalid, this shall not affect the validity of the remaining provisions of the GTC or the contract as a whole.
Subject to mandatory places of jurisdiction, the exclusive place of jurisdiction shall be the registered office of the supplier. Any contract based on these GTC's shall be governed exclusively by swiss law to the exclusion of international treaty norms, in particular to the exclusion of the United Nations Vienna Convention on Contracts for the International Sale of Goods.