Terms and conditions of use
1 Subject matter of the contract
These General Terms and Conditions of Business, Sale and Delivery govern the contractual relationship between the Vivare Foundation - Knowledge for Life (hereinafter referred to as the Foundation) and the purchaser (hereinafter referred to as the Customer) of goods and services of the online shop.
2 Scope of application and validity
These GTC govern the rights and obligations of the Foundation in its relationship with its clients. They apply to all business relationships between the Foundation and its customers, in particular to the delivery of products and the provision of services, unless otherwise agreed in writing.
The customer's terms and conditions shall not apply. Except that they have been expressly accepted in writing by the Foundation and do not conflict with the General Terms and Conditions of the Foundation.
Changes will be announced to the customer on the Foundation's homepage. Products are IT and consumer electronics products offered and sold by the Foundation, as well as services.
3 Conclusion of Contract / Communication
The customer's order contains an offer to conclude a contract, which is accepted by the Foundation by dispatching the ordered goods. The Foundation reserves the right not to accept the order.
As a rule, the Foundation informs and communicates by e-mail. It is the customer's responsibility to provide a valid e-mail address.
Additional costs such as payment fees and shipping costs will be invoiced in a separate item. The prices of the products will be calculated at the time of order confirmation by the Foundation.
5 Terms of delivery
The stated delivery times are based on information provided by our suppliers and are non-binding for the Foundation. Under no circumstances can claims for damages be asserted against the Foundation. The delivery costs incurred are displayed before the order is placed (under "Shopping Cart" and "Checkout"). If the customer is in default of payment for earlier deliveries, the Foundation reserves the right to retain deliveries until all debts have been settled.
6 Transfer of risk, transport and insurance
The Foundation delivers exclusively to valid postal addresses within Switzerland, the Principality of Liechtenstein and to defined EU countries.
If the client picks up the goods at the Foundation's premises, the risk of accidental loss or damage shall pass to the client when the goods are handed over. If the Foundation sends the goods to the customer, the risk shall pass to the customer when the goods are handed over by the carrier to the customer.
Should the delivered products show obvious material or manufacturing defects, including transport damage, the customer is obliged to complain to the delivering company (post office, courier) immediately after receipt, at the latest after 5 days, and subsequently to the Foundation. Furthermore, the customer is obliged to keep all packaging material until the case has been settled.
7 Terms of payment
The terms of payment of the cash register of the online shop "Select method of payment" are authoritative. The Foundation shall decide which method of payment applies. Partial deliveries are to be paid to the extent of the individual delivery.
8 Reservation of title
All goods ordered by the customer remain the property of the Foundation until the purchase price has been paid in full. The goods must be kept by the customer in a resalable condition until this time.
The customer must check the goods for completeness and report obvious defects (transport damage, see point 6) to the Foundation immediately upon receipt, at the latest after 5 days. Otherwise the delivery shall be deemed to have been accepted by the customer.
10 Withdrawal from the contract / right of return
In cases of spelling or calculation errors, the Foundation is entitled to withdraw from the contract. This also applies if the prices were incorrectly calculated by both the Foundation and the Supplier.
There is a limited right of withdrawal for ordered goods and a limited right of return for delivered goods: Withdrawal from the contract by the customer after the order has been accepted by the Foundation is possible under the following conditions, provided that the customer is a private customer (consumer with the intention of ordering for private use).
11 Orders not dispatched
Orders that have not been dispatched can be cancelled at any time without incurring any costs. Exceptions are PCs that have been configured via the "PC Configurator", where a flat fee of CHF 20 will be charged.
12 Unopened products
Unopened products can be returned within 14 days of the invoice date for full credit of the goods value, less a handling fee of CHF 20. The return/delivery is the responsibility of the customer. Excluded are PCs that have been configured via the "PC Configurator", here a flat fee of 20 CHF will be charged to zusẗzliche.
13 Opened / Used Products
Products opened in their original packaging without any traces of use can be returned within 14 days of the invoice date (postmark) for a fee of 20% of the value of the goods (excl. shipping costs).
Products with traces of use of any kind or products without original packaging cannot be returned.
The private customer (consumer with order intention for the private use) is entitled to warranty claims in the context of the valid right. With commercial customers (consumers with order intention for the commercial use) warranty claims are impossible. The buyer is entitled to warranty claims of the manufacturer to the extent and within the scope granted.
If the assessment of the defective product reveals that the defect was caused by the customer himself, the Foundation may charge a processing fee and / or the customer may have the product repaired for a fee.
The Foundation accepts no liability whatsoever for direct or indirect damage, which may arise as a result of defects, within the statutory limits.
15 Repairs / Services
The customer is responsible for the backup of his own data. The Foundation accepts no liability whatsoever for any loss of data that may occur as a result of repair work. Software repairs or software installations are excluded from any warranty claims. Warranty claims can only be made on hardware. In the case of installations of hardware components, the customer is entitled to free warranty work within 3 months if the installation has demonstrably not been carried out correctly by the Foundation. The Foundation is not responsible for any restrictions on the use of the product resulting from changes in standards, software or firmware updates.
The service prices quoted apply at the Foundation's premises, unless otherwise stated. Both delivery by the customer to the Foundation and return to the customer is the responsibility of the customer and is at his expense. Express repairs are subject to a charge in accordance with the Foundation's current service price list. If an agreed duration of the service cannot be adhered to, the Foundation shall not be liable for it. The Foundation will inform the customer of collection dates by telephone or in writing.
16 Data protection
The provisions of the Swiss Data Protection Act are applied. The Foundation does not store any credit card data. The client agrees to the processing of his data within the Foundation.
The client is obliged to treat his access data confidentially and not to pass them on to third parties. The Foundation accepts no responsibility for any damage incurred by the customer as a result of the misuse of his access data.
The online transmission of credit card information is encrypted using a 1024-bit SSL certificate, which guarantees a secure payment mode.
17 Applicable law and place of jurisdiction
The provisions of Swiss law shall apply. Swiss law shall also apply if the customer is domiciled abroad or has its registered office abroad, or if delivery is to be made abroad. The place of jurisdiction for all claims (subject to deviating mandatory places of jurisdiction under federal law) in connection with contractual agreements with Stiftung Vivare - Wissen fürs Leben is Olten.
If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.