General terms and conditions of business
Overview
1. Scope
2. Conclusion of contract
3. Offer
4. License
5. Prices and terms of payment
6. Late/default Payment
7. Delivery and service time
8. Risk and faulty items
9. Default of acceptance
10. Warranty
11. Returns
12. Term of contract, cancellation, withdrawal
13. License resign
14. Proprietary rights
15. Disclaimer
16. Privacy
17. Jurisdiction and applicable law
1. SCOPE
1. The SWISSTRAFFIC Group (hereafter referred to as contractor) shall provide its offers and services for the respective contracting party (hereafter called customer) based on the terms and conditions (hereafter referred to as the provisions). By ordering the product or service these provisions take place. General shopping and business conditions of the customer are hereby not in force. Deviations from these provisions are only effective if confirmed in writing by the contractor.
2. These provisions also take place for the license agreement.
3. The General Terms and Conditions are publicly available on the homepage www.swisstraffic.ch and can be sent to the customer in writing upon request.
4. Changing the provisions: The contractor reserves the right to adapt the terms and conditions at any time. Changes shall be communicated with the customer in writing (usually via e-mail). The contractor shall use the in-formation that you have provided. The contractor does not take any responsibility for customer debt, late notifications or non-receipt. In this case the changes shall be taken in to force as announced. For orders before changes the older terms and conditions shall apply.
5. These provisions can be cancelled or changed partially by single contracts between customer and contractor.
2. CONCLUSIONS
1. The contract is concluded, as soon as the customer has ordered via Internet and the order is confirmed in writing by the contractor. The automatically generated confirmation is a contract confirmation. This depends on the fulfilment of the contractor’s option.
2. The confirmation binds the customer to his order.
3. OFFER
1. The products published on the Internet at www.swisstraffic.ch are deemed to be a non-binding offer and are in particular subject to stock and delivery possibilities.
2. The customer is responsible for the correct installation, commissioning and maintenance of the product supplied by the contractor.
3. Costs for individual agreements between customer and contractor, including: installation, com-missioning and maintenance, training and support are not included in the product prices.
4. The contractor is entitled to provide service by third parties.
4. LICENSE
1. The contractor grants the customer in accordance with the terms and after payment of the license a time-limited license for usage of the product supplied by the contractor (customer’s property) and four landing pages.
5. PRICES AND PAYMENT
1. All prices are included with VAT. The delivery cost will be provided for deliveries in Switzerland. The packaging is included. The prices in the online-shop are non-binding and may vary.
2. The license and device purchase can be done over invoice. Outside of Switzerland they shall only be shipped after payment. The customer becomes the owner after paying for the device.
3. Orders can be done via invoice in Switzerland with a pre-defined sum. Amounts after the defined sum can only be delivered via pre-payments.
4. The customer is obligated to pay the bill within 10 days after receiving the device. The payment is only valid, when contractor has officially received it.
5. The contractor reserves the right to only deliver goods with pre-payment if:
- Late / default payments of the customer
- Breach of contract
- If circumstances become known which reduce the creditworthiness of the customer
6. The customer login shall be issued in writing after payment.
7. The advanced payment shall be refunded in case of order cancellation.
6. LATE / DEFAULT PAYMENT
1. The amount becomes due immediately if the customer does not make a whole or part payment on time. The license and outstanding deliveries shall be suspended.
2. The contractor reserves the right to terminate the contract in the event of late payment. This termination of the contract shall take place automatically and without further notice eight days after the Contractor has unsuccessfully sent the Client a request for payment with a payment slip (subject to a charge: plus CHF 50).
7. DELIVERY AND SERVICE TIME
1. The customer obligates to perform a payment as soon as possible with accepting the order and written confirmation. The customer is obligated in the contract to accept the performance, such as payment.
2. The published delivery times are guidelines and can change without notice. In case of late deliveries there is no possibility of making claims for damages or rights of withdrawal from the contract.
3. Part – deliveries are legal
8. RISK AND FAULTY ITEMS
1. The risk of faults is submitted to the customer after receiving the item. Taking over transport costs (in Switzerland) through the contractor has no influence in that risk.
2. Any complaints regarding damage, delay, loss or differences in quantity are to be reported to the contractor in writing within 4 days after receiving the goods (enclosing fault details with photo, shipment and order number, complaints about any faulty packaging and visible differences in quantity on the receiving day).
9. DEFAULT OF ACCEPTANCE
If the customer declines or does not accept the delivery after two weeks the contractor may claim damages for not performing his part of the contract. The contractor is obliged to choose between 25% of the product price or for the replacement of the effective damage from the customer.
10. WARRANTY
1. If nothing else is agreed, the warranty period shall take place for two years and starts with the date of delivery.
2. The warranty is void if the fault is due to not following the operating or maintenance instructions of the contractor. This is also valid for improper use, storage and intervention or opening the devices. Insignificant deviations of warranted characteristics of goods do not trigger warranty rights. A liability for normal fading or erosion as well as for network cables is excluded.
3. Warranty claims against the contractor are not possible.
4. A replacement or repair does not lead to an extension of the warranty period.
5. The bill is proof of warranty. It shall be sent to the customer after the order via post and must be kept safe. If no proof is available, the warranty shall be void.
6. Warranty Coverage: The customer has the right to have the device repaired or replaced. The contractor is obligated to replace faulty items or repair them free of charge, if there are no reasons for not doing so. The warranty services are understood as "bring-in warranty", i.e. the customer returns the defective device to SWISSTRAFFIC AG and receives a new or repaired device. Service work that has to be carried out by our technicians on your premises will be charged in full.
7. Reasons of exclusion may be elementary, moisture, hit- or fall damages, naturally fading or erosion, incorrect operations, damages from the outside and foreign intervention or modification. In case of faults which the guarantee is void, the customer must take over the costs.
8. Guarantee performance is only valid if payment is performed. The customer is not allowed to hold back his payment due to guarantee or other claims.
11. RETURNS
In case of faulty or false delivery the contractor grants a return of two weeks after delivery. Returning the goods has to be in original packaging with a detail of the fault and a copy of the bill. Fault free devices shall not be accepted by the contractor unless it has been agreed so.
If the customer wishes to return the product he is kindly asked to contact customer service desk before a return is made.
e-mail: support@swisstraffic.ch
a) Return is possible:
Current daily price (maximum purchase price)
• The article is in unopened, original packaging
• The article was in stock at time of order
• The order time was maximum 14 days before
b) Return is possible with deduction:
10% deduction from the current daily price (maximum the purchase price, minimum CHF 20)
• The article is opened but undamaged
• The article was not used and does not have any signs of usage
• Accessories delivered are fully returned as well
• The article was in stock at time of order
• The order time was maximum 14 days before
c) Decision after examination:
Minimum of 20% deduction of the current daily price (maximum purchase price)
• The article shows signs of usage
• Accessories delivered are fully returned as well
• A return cannot be guaranteed and will be examined by our return department
• The deduction amount shall be defined by our return department after the examination
d) No return possible:
• No original packaging available
• Missing accessories
The deduction is only made for cost recovery, so that the product can be forwarded to a new client. The used products are published in our Online-Shop and on sale to a reduced price.
12. DURATION OF CONTRACT, CANCELLATION, WITHDRAWAL
1. The license is always valid for 1 year and extends automatically for another year.
2. The contract can be cancelled in writing 3 months before the contract ends. The license ends with any other recurring service contracts with termination of the license agreement.
3. During the license agreement the contractor reserves the right to cancel the license immediately with unlawful or forbidden acts of the customer (especially uploading pages which offend human dignity, pornography, racism or violence, the login and content shall be deleted immediately). In the case of abuse the operators shall take legal actions, especially for image damage. The contractor is not responsible for the content on landing pages. The customer is responsible for illegal, faulty or incomplete contents and especially damages that are made by used or unused information by third parties.
4. In the event of a contract termination (cancellation) due to misconduct on the part of the client, the client may be charged the costs incurred in the form of a handling fee of 20% of the order or at least CHF 80.
13. LICENSE RESIGN
1. The license with the login for using the Remote Management Software for managing the landing pages is not transferable.
2. Under the condition that the contractor is given at least 1 month notice of the resign process and the signed third – party contract as well as their contact data is available, the contractor can agree to the license resign (with or without a device).
3. By resign or sale of the login to third – parties without agreement of the contractor the customer stays liable until further notice, also against third – parties. The contractor reserves the right to claim damages.
14. PROPERTY RIGHTS
The delivered goods remain in property of the contractor until full payment. The contractor is obliged to make an entry in the Retention of Titles Register on cost of the customer, if the request is endangered. The customer is obliged to handle the device carefully and keep the original packaging, as long as the item is still in property of the contractor.
15. DISCLAIMER
Consequential damages from the use of the device as well as other damages, which are not in debtor foreseeable from the contractor, cannot be made liable.
16. PRIVACY
1. Corporate policy and data protection: SWISSTRAFFIC’s priority is to secure your privacy. It is a constant effort to be able to guarantee a high degree of confidentiality and security.
2. Use of your personal data: The SWISSTRAFFIC Group only uses the personal information provided by you in connection with the client’s relationship and SWISSTRAFFIC. If you have, for example, subscribed to our newsletter, we will only use your e-mail address to send you updated information by e-mail. Personal customer information is kept confidential and is only passed on to third parties for credit check.
3. Cookies: SWISSTRAFFIC uses cookies in our online shop. No personal data is stored via cookies. The cookies are used to evaluate the behaviour of visitors. Next they allow you to save your chart and open it up again later or on request a simplified login (auto login). Most browsers are adjusted so that you accept cookies automatically. You can deactivate cookies though or adjust your browser, so that it notifies you when it sends cookies.
17. JURISDICATION AND APPLICABLE LAW
The Commercial Court in Berne is the jurisdiction for all disputes regarding contract relationship as well as direct or indirect disputes. The contract shall be governed by Swiss Law. In case of dispute, only the German version of the General Terms and Conditions is valid.
The SWISSTRAFFIC Group
January 1st, 2023