General Terms and Conditions
General Terms and Conditions of infiniWEB GmbH
1. scope of application
These General Terms and Conditions ("GTC") apply to the entire business area of infiniWEB GmbH (hereinafter "Company").
2. conclusion of contract
The contract is concluded when the customer accepts the company's offer to purchase services.
The contract is concluded in any case when the customer utilises the services offered by the company.
3. prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The company reserves the right to change prices at any time. The prices valid at the time the contract is concluded shall apply.
If a commission has been agreed, this shall be owed upon fulfilment of the obligations by the company. Whether the end customer pays the client has no influence on the accrual and due date of the commission. The decisive factor is the fulfilment of the obligation by the company.
4. payment
The company offers the customer the following payment options Invoice, prepayment, TWINT.
The customer is obliged to pay the invoiced amount within 7 (seven) days of the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not settle the invoice within the set reminder period, he is automatically in default.
From the time of default, the customer shall owe default interest in the amount of 5% (five per cent).
The invoiced amount may not be offset against any claims the customer may have against the Company.
In the event of a high order amount, the Company may demand a down payment from the Customer.
The Company shall be entitled to refuse delivery or provision of services in the event of late payment.
5. obligations of the company
5.1 Provision of services
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. If no other provisions are agreed, the place of fulfilment shall be the registered office of the company.
5.2 Auxiliary persons
The parties have the express right to engage auxiliary persons to fulfil their contractual obligations. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labour agreements.
6 Obligations of the customer
The customer is obliged to make all arrangements necessary for the provision of the service by the company without delay. The Customer shall make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and the delivery of documents to the Company.
7. acceptance
If the products or services require acceptance, this shall be carried out in accordance with the separate acceptance document of the company enclosed with these GTC.
8. warranty
The company guarantees to perform the agreed services to the quality customary in the industry.
9. liability
Liability for any indirect damages and consequential damages is excluded in full.
The provider excludes any strict liability to the extent permitted by law. This does not apply to damages caused by gross negligence or intent on the part of the provider.
Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is excluded in full.
10. intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is authorised to use them by the owner.
Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or other material that the customer receives in connection with these provisions is prohibited unless explicitly authorised by the company.
If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
11. data protection
The company may process and use the data collected during the conclusion of the contract to fulfil the obligations arising from the contract. The company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual utilisation of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes. The data necessary for the fulfilment of the service may also be passed on to commissioned service partners or other third parties.
12. changes
These General Terms and Conditions may be amended by the Company at any time.
The new version shall enter into force 30 (thirty) days after notification by the Company.
In principle, the version of the GTC in force at the time of conclusion of the contract shall apply to the Customer. Unless the customer has agreed to a newer version of the GTC.
13th priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that specify the provisions of these GTC shall take precedence over these GTC.
14. severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual loopholes.
15 Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.
16. force majeure
If the timely fulfilment by the company, its suppliers or third parties involved is prevented by force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, and lack of cooperation on the part of the client, such as the provision of content, media and/or authorisations. If it is impossible for the Company to fulfil its obligations during the period of force majeure and a reasonable start-up period after its end, the Company shall be released from the fulfilment of the obligations concerned. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
17. agents and sales partners
The customer acknowledges that any sales partners or agents work autonomously and therefore independently of the company and that any potential claims must be asserted directly against them. The company is in no way liable for breaches of contract by any agents and sales partners.
18. applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.
