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 divergent 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 and will come in effect unless a written objection by the customer is issued within a month.
2.1 The offer on our web-shop is without obligation. It is dependent on its availability. The publication of specifications, scope of delivery, etc. in the web-shop is given without guarantee.
2.2 customweb Ltd. is entitled to make partial deliveries.
2.3 Orders can only be placed via our web-shop.
2.4 Your order shall be deemed to be an offer to enter into a contract in accordance with these terms. We do not assume any obligation to accepting your order. If we accept your order, you will receive an order confirmation per 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 prices stated on the website at the time of ordering are to be applied.
3.3 The prices are, unless otherwise indicated, including applicable Value-Added Tax. The prices are subject to the reservation of possibly price changes. We expressly reserve the right to adjust prices.
4.1 The accepted payment methods are specified in the payment overview in the shop.
4.2 If you wish to pay by credit card, you are obliged to indicate the necessary details on the order sheet. The The amount will be debited after delivery of the ordered products or during the issuing of the invoice. customweb Ltd. will not begin with the provision of the services unless your credit card company has cleared it for the 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 provided 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 regards 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 download. The download will be cleared automatically once the payment has been received. In case of payment by credit card or yellow payment methods the clearance is effected immediately. With payments in advance or check, the download is activated after 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 to you is subject to the corresponding licence agreements. These licence agreements are distributed with all our software products. The licence agreements, which are part of this contract and included by reference, are accessible to you before the purchase by clicking onto the 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 your existing infrastructure, resp. systems and processes.
8. Warranty for Physical Products
8.1 All physical products include a one-year limited manufacturer's warranty for damages in material or execution. The limited warranty only covers physical products of customweb Ltd. Software. Services and other products of this sort are not included. The guarantee of customweb Ltd. corresponds to the legal regulations, Art. 184ff. Swiss Code of Obligations (CO).
9.1 The existing terms and conditions of business reflect the entirety of the obligations and liability 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 warranties, regulations or conditions besides those which are explicitly mentioned in the contract.
9.3 Each warranty, duty or other contractual conditions 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 completion of 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-Sales Convention (CISG, "Vienna Sales Convention").
12.2 We endeavour to rectify disagreements efficiently and unbureaucratically. Zurich is the exclusive place of jurisdiction for all conflicts resulting from or in connection to these regulations, as well as to 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.
Für unseren Internetshop waren wir auf der Suche nach einem kompetenten Partner, der auch komplexe Lager- und Produktstrukturen im Shop abbilden kann. Customweb überzeugte uns vor allem durch ihre lösungsorientierte und pragmatische Umsetzung.
Ursula Jacquet, Geschäftsführerin (Minnetonka Schweiz)