General Terms and Conditions of Swiss Precision Arms GmbH1. Scope of application
These General Terms and Conditions ("GTC") apply to the business division of Swiss Precision Arms GmbH, 3600 Thun, (hereinafter "Company"). The company owns and operates the platform www.s-p-arms.ch and provides all services listed on it, free of charge and in return for payment, in connection with the fulfilment of orders from customers in the field of the manufacture of mechanical parts. Furthermore, the company sells products in the above-mentioned area. These GTC apply to the above-mentioned areas as well as the other services which the company provides directly and indirectly to the customer.
2. Conclusion of contract
The contract is concluded by acceptance of the company's offer regarding the purchase of services, products or licenses by the customer. The contract is also concluded if the customer uses the services offered by the company or purchases or uses products of the company (license).
Unless otherwise offered, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT). The 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.s-p-arms.ch or according to the separate price list of the company apply. The prices valid at the time the contract is concluded shall apply to the customer.
The customer is obliged to pay the invoiced amount from the date of invoice according to the conditions stated on the website or on the invoice. Unless he has already paid the amount during the order process via credit card, Paypal or other payment systems. If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he is automatically in default. From the time of default, the customer owes interest on arrears in the amount of 5%. The company reserves the right to demand prepayment at any time without giving reasons. The invoiced amount may not be offset against any claims the customer may have against the company. The Company has the right to refuse the provision of services, the delivery of the product or the granting of a licence in the event of late payment.
5. Obligations of the company
5.1. Provision of services
Unless otherwise agreed, the Company shall perform its obligations by providing the agreed service. Most of the company's services are provided online. For all other services, the registered office of the company shall be the place of performance, unless other provisions are made.
5.2. Auxiliary persons
The parties have the express right to call in auxiliary persons to perform their contractual obligations. They must ensure that the auxiliary person is called in in in compliance with all mandatory legal provisions and any collective employment contracts.
The company grants the customer the right to use the documents. These rights of use are non-exclusive, non-transferable and limited to use by the customer. The individual documents may only be used by the customer for his own purposes. Any disclosure to third parties or any other use, commercial or other nature is prohibited.
If the documents are created in a format that limits the customer's rights of use, this is the will of the company and reformatting is not permitted.
The content is available to the customer for the agreed duration. After this period has expired, the customer is no longer entitled to the content of the licenses.
7. Obligations of the customer
7.1. Exercise of rights of use
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the collected data and information. The customer is obliged to take all precautions which are necessary for the provision of the service by the company immediately before. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes providing the company with suitable information and documents. By accepting these General Terms and Conditions, the customer also confirms that he has unlimited capacity to act and is of age. By registering, the customer expressly declares that all information provided is true, current and in accordance with the rights of third parties, morality and the law.
7.2. Obligations to cooperate
The customer is obliged to take all precautions which are necessary for the provision of the service by the company immediately. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes the provision of suitable information and documents for the company. Furthermore, the customer is obliged to cooperate comprehensively and promptly. He shall provide the Company with all documents required in connection with the provision of the service in an unsolicited, complete and correct manner. The company assumes that the information and documents supplied are correct and complete and comply with the statutory duties to cooperate and provide information. The company is only responsible for checking the correctness and regularity of the customer's information, documents and figures if this has been agreed in advance in writing.
7.3. Further obligations
The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the collected data and information. The Company is entitled to control the conduct of customers in connection with the use of the Internet platform. In particular, the company is entitled to check the legality of the content recorded by the customer on the online platform at any time.
8.1. Provision of services
Both parties have the right to withdraw from the contract at any time. The withdrawing party shall reimburse the expenses already incurred by the other party in full. Withdrawal in untimely times is not permitted. The costs caused by the withdrawal will be charged to the customer. The exact amount will be communicated to the customer upon conclusion of the contract.
An exchange of products is generally excluded.
The customer receives the right from the company to use the documents for the agreed duration. Cancellation after completion of the order, but before use, is possible free of charge. Withdrawal after use is no longer possible and the agreed fee is due for the contractual duration.
9. Retention of title
Ownership of the products remains with the company until full payment of the purchase price. Until then, the customer may not dispose of the products, and in particular may not sell, rent or pledge them.
The company strives for good availability of www.s-p-arms.ch and takes reasonable precautions to protect www.s-p-arms.ch from interference by third parties. However, it cannot guarantee the uninterrupted and trouble-free operation of www.s-p-arms.ch and the services offered, nor can it guarantee that the files are virus-free. The company does not guarantee the factual and contentwise correctness, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, it cannot give any guarantee for non-spamming, malicious software, spyware, hackers or phishing attacks etc. which impair the use of the service, damage the infrastructure (e.g. end devices, PC) of the customer or otherwise damage it. The company cannot guarantee the factual and content accuracy, completeness and reliability or quality of the information and processes provided, published or transmitted as well as the work results of the services. Any problem or defect must be reported to the company immediately. The company guarantees that the product is free of defects in material and production. The company must be notified immediately of any defects. The company is entitled to decide whether to repair or replace the defective product. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for repairs by third parties is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period begins anew for the repaired element, for the remaining elements of the product the original warranty period continues.
Liability for any indirect damage and consequential damage caused by a defect is completely excluded. The liability for direct damages is limited to the sum of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damage caused by gross negligence or intent. The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is completely excluded.
12. 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 any associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly stated. Furthermore, any further use, publication and making available of information, pictures, texts or other things which the customer receives in connection with these regulations is forbidden, unless explicitly approved by the company. If the customer uses contents, texts or pictorial material to which third parties have a property right in connection with the company, the customer must ensure that no property rights of third parties are infringed.
13. Data protection
The company may process and use the data recorded within the framework of the conclusion of the contract to fulfil its obligations under the contract. The company takes the measures necessary to secure the data in accordance with the legal regulations. The customer 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 customer to these or third parties at the order of courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes. The data necessary for performance may also be passed on to commissioned service partners or other third parties. Furthermore, the data protection regulations apply.
These Terms and Conditions may be changed by the Company at any time. The new version comes into force through publication on the company's website. For the customers, the version of the General Terms and Conditions which is in force at the time of the conclusion of the contract applies in principle. Unless the customer has agreed to a newer version of the GTC.
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.
16. Severability Clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the invalid provision by an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.
Both parties, as well as their auxiliary persons, undertake to treat confidentially all information submitted or appropriated in connection with the services. This obligation shall continue to apply even after termination of the contract.
18. Force majeure
If the timely fulfilment of the contract by the company, its suppliers or third parties is delayed due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or disruptions, etc., we will not be held liable. If the reactor cannot be damaged, the company shall be released from fulfilling the obligations concerned for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the company can withdraw from the contract. The company shall reimburse the customer in full for any remuneration already paid. Any further claims, in particular claims for damages as a result of vis major, are excluded.
19. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory legal provisions apply, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.