General Terms and Conditions
1.1 The «General Terms and Conditions» at hand, subsequently named GTC, regulate the rights and obligations between customweb Ltd. and its clients. They are valid as long as nothing different has been agreed.
1.2 By ordering a product or a service (see section 2.1.) the customer acknowledges and accepts the GTC.
1.3 The customer will be notified about changes in the GTC in writing. The customer may submit a written appeal within a month's time, otherwise the changes will come into effect automatically.
2.1 The range of products on offer in the web shop is without engagement. It is dependent on its availability. No responsibility is assumed for the publication of specifications, scope of delivery, etc.
2.2 customweb Ltd. is authorised to deliver in parts.
2.3 Orders can only be placed on the web shop.
2.4 Your order is considered to be an offer for the conclusion of an agreement, in accordance to these terms. We do not assume the obligation of accepting your order. If we do accept your order, we will forward you an acknowledgement of order. You will receive this by e-mail.
3.1 The prices of the products and services of customweb Ltd. are strictly net in Swiss Francs (CHF). Further costs for installation and support, as far as nothing else is indicated, are not included and will be charged additionally.
3.2 The valid prices are those from the moment of placing the order.
3.3 All prices include, unless otherwise indicated, the statutory VAT.
4.1 The possible modes of payment are specified in the summary of payments modes of the corresponding shop.
4.2 If you wish to pay by credit card, you are obliged to indicate the necessary details on the order sheet. The charging is effected with the sending of the ordered products or with the issuing of the invoice. customweb Ltd. does not begin providing the services until your credit card company has cleared its use for the payment of the ordered products and services. If your credit card company does not give clearance, we will inform you about this.
4.3 If you wish to pay by check or bank transfer the services will only be rendered once the payment has been received. If the payment is not effected within 30 days of the order, the order will be cancelled by customweb.
5.1 The transfer of ownership and of risk, in regard to the ordered products, occurs at the moment of the delivery of the products.
5.2 The delivery of software products is carried out in the form of downloading. The download will be cleared automatically once the payment has been received. This happens immediately in case of payment by credit card or in cases of yellow payment modes. With payments in advance or check, the download is activated with receipt of the money.
6. Right of Return
6.1 There is no right of return.
7. Software and Services
7.1 Every software which we send you is subject to the corresponding licence agreements. These licence agreements are distributed with all the software products. The licence agreements which are part of this contract and included into it by reference, are visible before the purchase by clicking onto the given hyperlink or by following this link here.
7.2 It is your responsibility to make sure that the software or software bundles, which you order, are according to your needs and are compatible with the existing infrastructure, resp. systems and your processes.
7.3 Software purchased in the shop is delivered directly via download. You will receive instructions for the download of the ordered software s soon as the payment has been cleared by the credit card company. If the download is interrupted, you should restart it. If you do not succeed in downloading the software, it is up to you to get in contact with us.
8. Guarantee for Physical Products
8.1 All physical products include a one-year constricted manufacturer's guarantee for damages in material or execution. The constricted guarantee only encompasses physical products of customweb Ltd. Software, services and other products of this sort are not included. The guarantees of customweb Ltd. correspond with the law regulations, Art. 184ff. Swiss Code of Obligations (CO).
9.1 The business conditions at hand render the entirety of duties and liabilities on the part of customweb Ltd. concerning the delivery of products and the providing of all services.
9.2 customweb Ltd. is not bound to any other guarantees, regulations or terms, apart from those which are explicitely mentioned in the contract.
9.3 Every guarantee, duty or other terms of contract concerning the products or services, which may by law, jurisdiction or any other way than in the contract (including, but nut concluding every term concerning quality, fitness for purpose and required care) be given consideration, are excluded due to the regulations at hand. customweb Ltd., in particular, is not obligated to provide a warranty that the products are adequate for the intended use.
9.4 No regulations in the contract can limit or exclude the liability of customweb Ltd. in the following cases: (i) gross negligence or unlawful intent; (ii) death or personal injury due to a faulty product at the time it was put on the market.
9.5 Under condition of 8.4., customweb is not liable for any kind of lost revenue, lost profit, loss of contract, loss of data, or any indirect loss or damage, nor for any consequential loss or consequential damage, which may be ascribed to tort (including negligence) or breach of contract,
9.6. Under condition of 8.4., and based on the contract, the maximum liability of customweb Ltd. for breach of contract, tort (including negligence) or any other reason, is limited to the amount which you owe customweb Ltd. for the products and/or services in question.
10.1 By submitting the order you agree that we save, edit, use and forward your data received through your order form or fax, in order to execute your order.
10.2 customweb Ltd. sells software within the licence procedure. This means that you receive a licence for your shop with the purchase of the product. It is for this reason, that your order is registered with a precise serial number and is reported to us through the installation. With the completion of the contract, you give customweb Ltd. the right to save this data.
11. Force Majeure
11.1 In case we are incapacitated to fulfill our duties of a contact due to vis major or other circumstances beyond our control, we do not assume liability. In case of deferrals due to vis major or other circumstances beyond our control (force majeure), we will fulfill our duties as soon as the circumstances deem it reasonable.
12. Place of Jurisdiction and Applicable Law
12.1 These regulations, as well as all contracts concluded in consideration of these regulations, are subject to Swiss law, with exception of the UN-Kaufrechtskonvention („Wiener Kaufrecht“).
12.2 We endeavour to rectify disagreements efficiently and unbureaucratic. Zurich is the exclusive place of jurisdiction for all conflicts resulting from or in connection to these regulations, as well as the individual contracts.
13. Partial Invaliditiy
13.1 If you or we do not assert individual rights from the contract in an individual case, this counts as a quitclaim of such rights.
13.2 For the case that a condition of these regulations, resp. this contract is or becomes ineffective or impracticable, the remaining regulations remain untouched. In this case, both parties are obliged to bring about a regulation which comes closest to the ineffective regulation in terms of its economic quality. This is also valid in case of loopholes,
customweb hat unsere Anforderungen schnell und unbürokratisch umgesetzt. Insbesondere die Anpassung der Shop-Oberfläche an unsere Corporate Identity hat uns überzeugt.
Jürg Baumann, Leiter HPC (Swisscom)