§1 Scope of the conditions
SparkDynamic GmbH’s deliveries, services and offers are made exclusively based onthese terms and conditions, even if are not expressly agreed on again. Theseconditions are considered as having been accepted by ordering the item orservice. The purchaser’s general conditions of purchase are hereby disregarded.Deviations from these terms and conditions are only valid if we have confirmedthem in writing.
§ 2 Offer and contract conclusion
The offers made by SparkDynamic GmbH in price lists and ads are subject to changeand are non-binding. Orders are only binding for once writtenconfirmation has been provided. If a purchaser exceeds its credit limit with anorder, we are exempted from our delivery obligation.
§ 3 Prices
The prices stated in our offers and on our website are definitive. Despiteregular checks, we cannot guarantee the accuracy of the prices 100%, which iswhy orders are only considered binding once a written confirmation has beenprovided. Unless otherwise agreed, prices exclude any transport costs and VAT.
§ 4 Deliveryand service period
Deadlines and delivery periods are non-binding, unless otherwise expresslyagreed on in writing. Specific delivery periods and deadlines stated by SparkDynamic GmbH are subject to correct and prompt delivery to SparkDynamic GmbH bysuppliers and manufacturers.
§ 5 Defaultin acceptance
If, after an extension period has elapsed, the purchaser refuses to accept thedelivery items or decl ares it does not want to accept the item, SparkDynamic GmbH can refuse to fulfil the contract and demand compensation for non-fulfilment.As compensation, SparkDynamic GmbH is entitled to either demand a flat rate of 25%of the agreed purchase pric e or ask the purchaser to rectify the damage.
§ 6 Delivery
Any complaints must be reported immediately upon receipt of the items.
§ 7 Transferof risk
The risk is transferred to the purchaser as soon as the delivery has beenhanded over to the person providing the transportation service. If the deliveryis delayed or not feasible through no fault of our own, the risk is transferredto the purchaser upon notification of readiness for shipment. If SparkDynamic GmbH agrees to bear transportation costs in specific cases, this does not affect thetransfer of risk.
§ 8 Copyrights/ Guarantee
Software licences are granted to the purchaser solely for one-off resale or ownuse, i.e. it cannot copy these licences or grant them to other parties.Software is exempted from all guarantee provisions. The provisions of themanufacturer’s licence agreement apply exclusively.
§ 9 Returns
The manufacturer’s terms and conditions apply. Licences generally cannot beexchanged/returned. If a customer places an incorrect order, however, we willdo all possible to arrange the best solution. All shipping costs are borne bythe purchaser.
§ 10 Retentionof title
The delivered item remains the property of SparkDynamic GmbH until full payment.
§ 11 Payment
Unless otherwise agreed, invoices are payable net by COD, credit card or within14 days, depending on the individual arrangement. Delivery is generallypostage-paid, i.e. at the purchaser’s expense by email, package post orshipping, unless otherwise expressly agreed. Payment is only considered ashaving been made if we have received the amount. Cheques are only accepted asconditional payments, and are only considered as actual payments once they havebeen cashed. If the purchaser falls into default, we are entitled to charge 7%interest starting from the relevant date. During the default period, SparkDynamic GmbH is also entitled, at any time, to withdraw from the contract, askfor the delivered items to be returned, and demand compensation for the factthat the contract has become null and void. All claims are payable immediatelyif the customer falls into default with payment, purposely fails to upholdother contractual obligations, or if we become aware of circumstances likely toreduce the customer’s credit rating, namely stopped payments or pendinginsolvency/bankruptcy proceedings. In these cases, we are entitled to withholdany outstanding deliveries or only make them upon receipt of prepayments orsecurity deposits.
§ 12 Liabilitylimitation
No damage compensation claims for non-feasible services, contractual breach,default upon contract conclusion, and illegal actions can be raised against usor our assistants unless it is a case of deliberate or grossly negligentbehaviour. No liability is assumed for secondary damages resulting from productuse.
§ 13 Dataprotection
SparkDynamic GmbH is entitled to process data about the purchaser, received inrelation to the business connections, regardless of whether it comes from thepurchaser itself or from third parties, in accordance with the federal dataprotection act.
§ 14 Jurisdiction
Rüti is the exclusive place of jurisdiction for all disputes arising directlyor indirectly from the contractual relationship. The legal relationship issubject to Swiss law.
Rüti, 1. Juni 2014 / Replaces all previous terms and conditions