General Terms and Conditions and Disclaimer

Status May 2021

§ 1 SCOPE OF APPLICATION

For the business relationship as well as future business between these parties, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Any deviating terms and conditions of the Purchaser shall only be accepted by the Seller if this has been expressly agreed in writing.

§ 2 APPLICABLE LAW

The business relationship between Swisstack and the Purchaser is subject to the UN Sales Convention.

§ 3 CONCLUSION OF CONTRACT AND WITHDRAWAL

The seller undertakes to execute the orders according to the terms and conditions stated on the website. In case of spelling, printing and calculation errors on the website, the Buyer and the Seller are entitled to withdraw from the contract. With the electronic transmission of the personal data, the number of products and the confirmation of our general terms and conditions, i.e. with the sending of the order, the binding purchase contract between the Buyer and the Seller comes into force.

§ 4 DELIVERY

The average delivery time is 2-10 working days. Unless otherwise agreed, the delivery is made from the warehouse to the delivery address specified by the buyer. The risk shall pass to the Purchaser as soon as the delivery has been handed over to the Purchaser. This also applies in the case of partial deliveries. Information about the delivery time is non-binding, unless the delivery date has been bindingly promised in exceptional cases.

§ 5 PAYMENT

Only the payment methods displayed during the ordering process are accepted. Other payment options will be rejected.

In case of payment on account, the ordered goods will be shipped or delivered to the customer together with the invoice. The purchase price is due for payment within 14 calendar days after the invoice date.

§ 6 RESERVATION OF OWNERSHIP

In principle, the delivered goods shall remain the property of Swisstrack until all claims against the customer have been paid in full.

§ 7 SET-OFF, RIGHT OF RETENTION

The Purchaser shall only have the right of set-off if its counterclaims have been acknowledged by the Vendor or have been legally established.

§ 8 WARRANTY FOR DEFECTS AND LIABILITY

Data produced and provided in digital form shall be delivered. For all GPS Tracker products in the form of a tracking portal / tracking APP. These are transferred to the customer upon delivery, so that the data (tracking platform) can be fully used immediately. Any access data, as well as the tracking platforms are included in the delivery and fully usable without restriction and additional costs. The data are transferred “incorporeally”, i.e. by download on the Internet or by e-mail to the customer after conclusion of the contract or are included in the scope of delivery.
Since digital contents cannot be returned, fall under exclusion of the right of revocation, can be obtained in the case of a material defect only a reduction with the purchase price. Since the software licenses and its unlimited access have a higher value than the associated hardware components, the purchase price can be reduced up to a maximum of 49%.
If the ordered goods are defective at the time of the transfer of risk, so that they are no longer suitable for the use stipulated in the contract, the customer shall initially have the right within the statutory warranty period to demand that the defect be remedied by repair/rectification. However, if the defect is of a minor nature and can be remedied, the Customer may not insist on a new delivery. If the repair fails, the customer may reduce the purchase price. The limitation period for the warranty claim regarding the delivered goods is 2 years from the date of delivery of the goods. In the event of a slightly negligent breach of material contractual obligations, our liability shall be limited to the amount of the foreseeable damage typical for the contract, which as a rule shall not exceed the purchase price of the goods ordered. We shall not be liable beyond this amount. The statutory limitation provisions shall apply. A defect exists if the actual quality deviates from the target quality (contractually owed quality). There are no warranty claims in case of unlawful intent or negligence. Whether a negligence in Punkto improper use or any misadjustments will be examined before a rework acceptance.

§ 9 DATA PROTECTION

The customer expressly agrees to the collection, processing and use of personal data. The data necessary for the business transaction will be stored and, if necessary, passed on to affiliated companies within the framework of the order processing. All personal data will of course be treated confidentially. For the purpose of credit checks, the seller reserves the right to exchange data with credit agencies.

§10 – Performance

All performance agreements must be in writing. In the event of delays in performance due to force majeure, as well as disruptions in performance in the sense of operational disruptions, strikes or the like, which make timely performance difficult or impossible for Swisstrack, Swisstrack shall be granted a right of withdrawal from the contract due to one of the aforementioned events, after the expiry of 20 working days after the deadline. If the service is demonstrably impossible due to such a circumstance, the withdrawal shall release the parties from the obligation to perform the contract.

§11 – Warranty

The warranty period for services provided by Swisstrack is 24 months. Notifications of defects shall be made in writing without delay and shall always be documented by the Purchaser in a meaningful manner, in particular by logging displayed error messages. The Purchaser shall support Swisstrack to the best of its ability in the event of a possible rectification of defects and shall completely back up programs, data and data carriers before rectifying the defect. Swisstrack is therefore not liable for loss of data and programs. Excluded from the warranty are basically such errors and defects which are caused by external influences (including unauthorized access via the Internet), operating errors, components or products of third parties, Trojans, computer worms, computer viruses – of whatever kind – or changes, additions, installations or removals, repair attempts or other manipulations not carried out by Swisstrack. There are no warranty claims in case of unlawful intent or negligence. Whether a negligence in terms of improper use or any misadjustments will be examined before a rectification acceptance.
Data produced and provided in digital form will be delivered. For all GPS Tracker products in the form of a tracking portal / tracking APP. These are transferred to the customer upon delivery, so that the data (tracking platform) can be fully used immediately. Any access data, as well as the tracking platforms are included in the delivery and fully usable without restriction and additional costs. The data are transferred “incorporeally”, i.e. by download on the Internet or by e-mail to the customer after conclusion of the contract or are included in the scope of delivery.
Since digital contents cannot be returned, fall under exclusion of the right of revocation, can be obtained in the case of a material defect only a reduction with the purchase price. Since the software licenses and its unlimited access have a higher value than the associated hardware components, the purchase price can be reduced up to a maximum of 49%.

§12 – Secrecy

The Purchaser undertakes to keep secret all business and trade secrets, contractual conditions or other information received from Swisstrack or persons acting on behalf of Swisstrack during the performance of the contract, unless such information is generally known. This applies in particular to information about search habits and technology of search engines, as well as to such information which concerns the general procedure or correspondence with Swisstrack. This obligation also applies for two years beyond the end of the contract.

§13 – Payment method barzahlen.de

If cash payment has been agreed, payment is due immediately after conclusion of the contract. After completion of the order you will receive a payment slip, which you can print out, have scanned at the checkout at one of the Barzahlen partner branches (http://www.barzahlen.de/filialfinder) and pay the amount there in cash. Alternatively, you can have a payment code sent to your cell phone via SMS, give the payment code to the cashier at the Barzahlen partner branch (http://www.barzahlen.de/filialfinder) and pay the amount in cash there. The Barzahlen partner branch will send the payment confirmation in real time, whereupon the shipping process will be started immediately.

§14 – Final provisions

Deviations from these GTC are only effective if they have been agreed upon in writing. The legal successors of Swisstrack’s customers shall also be bound by the obligations arising from contracts concluded on the basis of these GTC. Should these GTC contain an invalid provision, the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid one which comes as close as possible to the economic purpose of the wording.

Refund policy

Right of withdrawal

Goods are delivered which have been inseparably mixed with other goods after delivery due to their nature, as well as Digital contents are delivered, which are not delivered on a tangible data carrier. For this reason, a right of withdrawal is excluded.