1. Applicability
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 on.
1.2 By ordering a product or a service (see section 2.1.) the customer acknowledges and accepts the GTC.
2. Order
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.
2.4 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. Prices
3.1 The prices of the products and services of customweb Ltd. are strictly net in Swiss Francs (CHF).
3.2 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. Payment
4.1 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.
4.2 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. Delivery
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. As soon as your credit card company has cleared the payment, you will receive all necessary instructions for the download. Restart the download if the connection is interrupted during the process.
6. Right of Return
6.1 Generally there is no right of return.
6.2 The right of return is limited to the following conditions. The right of return is granted only if the licensor has had the possibility of analyzing the issue per FTP or any other remote-control software on the web-server of the licensee within five working days. Additionally, the refund will only be granted if the problem is not caused by any non-standard third party plugin that is not part of the original software package provided by the shopping cart developer.
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. Stand-by and Response Times
9.1 As long as nothing divergent has been agreed on the stand-by and response times concluded in the respective contracts, in particular the support contract, are valid. The customer service is the first contact point for all customweb customers. Inquiries can be submitted directly via the contact form here http://www.sellxed.com/en/support.
9.2 The stand-by times result from the business hours published here: http://www.sellxed.com/en/support. All times are given in local Swiss time. Legal holidays at the place of business are not included in these stand-by times.
9.3 customweb Ltd. guarantees additional intervention and stand-by times within the Express Support. In case of malfunctions that impair the intended use of the software substantially or make it impossible, customweb Ltd. will start working on the problem within one hour during the stand-by times. The contractor does not guarantee to solve the problem within the response times agreed on.
9.4 If the guaranteed stand-by and response times within the Express Support are not met, customweb Ltd. will grant a credit note to the customer, should the customer report this default in writing within a month after the end of the calender month the customer is requesting the credit note for. For every half hour of non-compliance to the guarantee, customweb Ltd. grants a credit note in the amount of 5% of the billing amount. Generally the maximum credit note amounts to 100% of the billing amount for the problem solution.
A liability for the non-compliance to service levels is only given, should customweb be responsible for the non-compliance. This applies especially to:
- Malfunctions which are not advocated by customweb directly, especially malfunctions ascribed to third party suppliers.
- Malfunctions attributable to the customer's fault.
- Malfunctions resulting from inappropriate usage or reparation of hardware or software in the possession of the customer.
9.5 For all work resulting from services or additional services customweb Ltd. grants a spatially and temporally limited licence. The copyright still remains with customweb Ltd. at all times.
10. Liability
10.1 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.
10.2 customweb Ltd. is not bound to any other warranties, regulations or conditions besides those which are explicitly mentioned in the contract.
10.3 Each warranty, duty or other contractual condition 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.
10.4 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.
10.5 customweb Ltd. 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,
10.6. 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.
11. Privacy
11.1 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.
11.2 customweb Ltd. sells software within the licence procedure. With the purchase of the product you receive a licence for your shop. 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.
12. Force Majeure
12.1 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.
13. Place of Jurisdiction and Applicable Law
13.1 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").
13.2 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.
14. Partial Invaliditiy
14.1 If you or we do not assert individual rights from the contract in an individual case, this counts as a quitclaim of such rights.
14.2 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.
Last Update: May 2014
