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- Scope
These General Terms and Conditions ("GTC") apply to the business of AcquaPhi AG (hereinafter "Company"), Chaltenbodenstrasse 16, in 8834 Schindellegi. The Company owns and operates the website www.acquaphi.com and sells the products AcquaPhi Micro, AcquaPhi Slim, AcquaPhi Mini, AcquaPhi Family and AcquaPhi Pro. These General Terms and Conditions apply to the above-mentioned areas as well as to the other services that the company provides directly and indirectly to customers. The parties declare the General Terms and Conditions to be an integral part of the contract. General terms and conditions and other contractual documents of the buyers are explicitly excluded.
- Conclusion of contract
The conclusion of the contract takes place through the acceptance of the Company's offer regarding the purchase of services and products. The contract is further concluded when the customer purchases the products offered by the company. All offers, price lists, product descriptions, brochures, plans and the like are non-binding and can be changed or revoked at any time, unless explicitly stated otherwise in the relevant document.
- Prices
Unless otherwise quoted, all prices are in Euro (EUR). All prices are inclusive of any applicable value added tax (VAT). 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 of the conclusion of the contract on the website www.acquaphi.com or according to the separate price list of the Company shall apply.
- Payment
The amount is to be paid during the ordering process or when purchasing products via credit card, Paypal or other payment systems. If, exceptionally, payment is made on account, the customer is obliged to pay the invoiced amount within 30 days of the invoice date. If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he automatically falls into arrears. From the moment of default, the Customer shall owe interest on arrears at the rate of 5%. The Company reserves the right to demand payment in advance at any time without giving reasons. Offsetting of the invoiced amount against any claim the Client may have against the Company is not permitted. The Company shall be entitled to refuse the provision of services or the delivery of the product in the event of default in payment.
- Duties of the company
5.1 Provision of services
Unless otherwise agreed, the Company shall fulfil its obligation by delivering the agreed products. The Company shall deliver the product to the place agreed with the Purchaser in each case. Benefit and risk shall pass to the Purchaser upon departure of the products from the Company. Transport damages are to be claimed by the buyer exclusively with the respective carrier.
5.2 Auxiliary persons
The company has the express right to call in auxiliary persons to perform its contractual duties. It must ensure that the auxiliary person is called in in compliance with all mandatory legal provisions.
5.3 Products
All information contained in product descriptions, brochures, plans and the like are subject to technical changes and improvements. In principle, the information only reflects the contractual characteristics of products if this is expressly guaranteed by the company.
- Obligations of the customer
The Client is responsible for the safekeeping of its access data and passwords for the online platform, as well as for the content of the data and information collected. The Customer is obliged to immediately take all precautions that are necessary for the provision of the service by the Company. By accepting these General Terms and Conditions, the Customer also confirms that he has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, morality and the law.
- Warranty
Warranty claims can only be made by the original customer to whom the invoice is issued. The warranty cannot be transferred. The warranty period starts from the date of shipment by the company, which must be presented together with the certificate. The warranty period is two years from the date of shipment.
In the event of a product defect that meets the warranty conditions, the company should be contacted via the online form on www.acquaphi.com. The warranty claim should be made as soon as possible after the occurrence of the product defect. The return of a defective device can only take place after approval by the company.
- Warranty
The Company warrants to the Purchaser that the products delivered do not have any substantial defects in workmanship or material at the time of shipment. Any warranty of quality beyond this is expressly excluded.
- Liability
The company is only liable for direct damage caused intentionally and by gross negligence. Any further liability is excluded. In particular, the Company shall in no event be liable for indirect damages, consequential damages, additional expenses, claims of third parties, lost profits or unrealized savings, damages resulting from delayed delivery, or for any acts or omissions of the Company's auxiliary persons, whether contractual or non-contractual.
The Company is also not liable for damage caused by force majeure, in particular natural events, ice, snow, fire, strike, war, terrorist attacks and official orders. Furthermore, the company is not liable for damage caused by faulty transport, faulty assembly or modifications by the buyer.
- Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is entitled to use them by the owner. Neither these GTC nor the associated individual agreements have the transfer of intellectual property rights as their content, unless this is explicitly mentioned. In addition, any further use, publication and making available of information, images, texts or other data which the Client receives in connection with these provisions is prohibited, unless explicitly approved by the Company.
If the customer uses content, texts or pictorial material in connection with the company in which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
- Data protection
The Company may process and use the data recorded within the framework of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly forbidden it, the Company may use the data for marketing purposes as well as pass them on to its partners for advertising purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.
- Changes
These General Terms and Conditions may be amended by the Company at any time. The new version shall come into force through publication on the Company's website. In principle, the version of the GTC in force at the time of the conclusion of the contract shall apply to the customers. Unless the customer has agreed to a newer version of the GTC.
- Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.
- severability clause
Should a provision of this contract or an annex thereto 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 shall apply to any loopholes in the contract.
- Confidentiality
Both parties and their auxiliary persons undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
- Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
January 2020
