General terms and conditions (GTC)

Status: 1 November, 2018

1 Scope of application

The deliveries, services and offers of KITRIS AG, hereinafter referred to as "KITRIS", shall be made exclusively on the basis of these General Terms and Conditions (GTC) in the version valid at the time of the order as well as on the basis of the respective valid license conditions (EULA) of KITRIS AG, insofar as software and/or audio/video content ("A/V Content") is delivered. At the latest with the acceptance of the delivery or a partial delivery or service these conditions are regarded as accepted.

Any deviating terms and conditions of the contracting party shall not be recognized unless KITRIS has expressly agreed to their validity in writing.

2 Offer and conclusion of contract

The products and services listed on the Internet do not constitute a binding offer, but are to be understood as an invitation to the client to submit a binding offer to KITRIS. The customer's order is a binding offer to conclude a sales contract upon its receipt by KITRIS. The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending an automated e-mail. With this email confirmation the sales contract has come about.

2. In the case of an offer to download software or an A/V content, the start of electronic transmission to the calling party shall constitute the conclusion of a purchase contract on the basis of these terms and conditions in accordance with the respective KITRIS license agreement for the called software and/or A/V content.

3. KITRIS employees are not authorized to make verbal side agreements or to give verbal assurances which go beyond the content of the written contract.

3 Cancellation policy for consumers in distance selling contracts

A. For the dispatch of goods

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (KITRIS AG, Felsenhofstrasse 42, 8635 Dürnten, phone: +41 55 552 06 06, e-mail: service@kitris.ch) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or email sent by mail). You can use the attached model withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately, and in any case no later than within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only be liable for any depreciation of the goods if such a depreciation is due to handling of the goods in a way not necessary to examine their nature, properties and functionality.

B. For the delivery of digital content

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (KITRIS AG, Felsenhofstrasse 42, 8635 Dürnten, phone: +41 55 552 06 06, email: service@kitris.ch) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or email sent by post). You can use the attached model withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

C. For the provision of services

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (KITRIS AG, Felsenhofstrasse 42, 8635 Dürnten, phone: +41 55 552 06 06, email: service@kitris.ch) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or email sent by post). You can use the attached model withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this agreement in relation to the total services provided for in the agreement.

- End of the revocation instruction -

4 License verification

Individual software products require the validation of licenses at regular intervals. This ensures that the software is original and that it is used in accordance with the license terms. This requires a connection to the Internet.

5 Prices and terms of payment

The prices quoted are final prices and include the applicable statutory value-added tax. The additional costs incurred for packaging and shipping are shown during the ordering process. The prices valid at the time of the order apply.

6 Retention of title

The delivered goods remain the property of KITRIS until full payment has been received.

7 Amendments to the General Terms and Conditions of Business

KITRIS reserves the right to reformulate the General Terms and Conditions at any time.

8 Limitation of liability

 

(1) Unlimited liability: We shall be liable without limitation for direct damages resulting from intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

(3) In any case, the liability is limited to the price of the scope of delivery, as far as legally permissible.

 

9 Copyrights / rights of use

To the extent that software, software descriptions, music or films in audio or computer format or other copyrighted works are included in the scope of delivery and the work is to be made available to the contracting party for use, the contracting party shall be granted the non-exclusive and non-sublicensable right to use the work in accordance with the respective KITRIS End User License Terms (KITRIS EULA) for the respective work. The EULA are available on the KITRIS website www. kitris. ch and / or are enclosed with the product and / or are contained on the data carrier.

2 The customer undertakes to observe the EULA, and in particular the restrictions of use contained therein when using the products. If this agreement is violated, the customer shall be fully liable for the resulting damage. The EULA regulates, among other things, the right of reproduction, multiple uses, programme modifications, copyrights and industrial property rights.

3. KITRIS warrants that the contractual products of KITRIS are free from any proprietary rights of third parties in the contract territory which exclude or restrict the use by the contracting party. This does not apply if the client uses a product not approved by KITRIS or the product after it has been modified by others than KITRIS, or if the client uses the product under conditions of use other than those contractually agreed.

4 In addition to these General Terms and Conditions, the license terms of the respective manufacturers with regard to the scope of the copyrighted use of the software and its application restrictions shall be observed when licensing software products of other manufacturers than KITRIS.

10 Offset

The customer may only offset claims that are undisputed or have been legally established.

11 Enclosures

KITRIS is entitled to enclose advertising mail and other printed matter such as comparative tests, newspaper reports with the products, regardless of whether these originate from KITRIS itself or from third parties.

12 Storage of the contract text

The contract text is not stored by us and can no longer be retrieved after completion of the order process. However, you can print out the order data immediately after sending it.

13 Final provisions

If one or more provisions of these General Terms and Conditions should be or become invalid, this shall not affect the validity of the remaining provisions.

2 In the event of the sale or any other transfer of KITRIS Software, the provisions of the respective KITRIS End User License Agreement (EULA), which are an integral part of this provision, shall apply in addition. In case of doubt and/or contradictory regulations, the clauses in these GTC shall take precedence over the regulations in the EULA.

(3) Contracts between us and the buyer shall, to the extent permitted by law, be governed exclusively by substantive Swiss law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention") and the conflict-of-law rules of Swiss international private law.

4. The parties agree that the exclusive place of jurisdiction shall be Dürnten, subject to mandatory legal jurisdictions.

5. Versions of these GTC in languages other than German are for translation purposes only. In the event of interpretation problems and linguistic discrepancies between the foreign and German versions, the German version of these GTC shall prevail.

 


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