General Terms and Conditions

DatACT GmbH

(Nov2022)
Your purchase contract is concluded with the company DatACT GmbH.
Phone: +41 (0) 44 / 508 59 55
Company number: CHE‑321.468.735
VAT No: CHE‑321.468.735 MWST

1 Scope

1.1 These General Terms and Conditions in their version valid at the time of contract conclusion apply to all claims arising from or in connection with a contract between the customer and DatACT GmbH and its online shop.

1.2 In the event of conflict, the following order of precedence applies:
1. Special terms of individual services;
2. These General Terms and Conditions;
3. Statutory regulations.

2 Parties

2.1 DatACT GmbH concludes contracts with customers who:
a) are at least 18 years old and legally competent, and
b) legal entities domiciled in Switzerland or an EU member state (hereinafter "customers"). If DatACT GmbH inadvertently accepts an order from a non-eligible customer, DatACT GmbH is entitled to withdraw from the contract within a reasonable period.

3 Subject of the Contract

3.1 DatACT GmbH delivers goods or provides services as ordered by the customer in accordance with the accepted offer. In case of withdrawal/revocation, DatACT GmbH will promptly credit or refund any advance payments upon request.

4 Contract Formation

4.1 The contract comes into effect upon acceptance of the customer’s order by DatACT GmbH.

4.2 Acceptance occurs upon delivery of the goods or service execution by DatACT GmbH. For online orders, an immediate electronic confirmation is sent, which does not yet constitute contract acceptance.

4.3 The contract language is German.

5 Unavailability of Ordered Goods or Services

5.1 If goods or services are no longer available after order receipt, DatACT GmbH will refund any payments immediately. DatACT GmbH may offer goods/services of equivalent quality and price, but the customer is not obliged to accept them. Return shipping is covered by DatACT GmbH.

6 Delivery/Shipping Costs

6.1 Unless otherwise agreed, DatACT GmbH transfers possession or control of goods within 30 days of contract conclusion.

6.2 If delivery is delayed, the customer may set a reasonable additional deadline. If delivery still does not occur, the customer may withdraw from the contract.

6.3 For 24-hour service orders not delivered within a reasonable grace period, the customer may withdraw and return the goods. Compensation claims are excluded unless DatACT GmbH acted intentionally or with gross negligence.

6.4 Subject to self-delivery, DatACT GmbH ensures timely delivery. Partial shipments incur no extra shipping fees.

6.5 Shipping and packaging costs depend on order value and logistics services requested.

7 Price, Payment Terms

7.1 Prices in retail catalogs are net prices. DatACT GmbH is subject to VAT. If VAT increases legally after the catalog is issued, DatACT GmbH must apply the new rate. Reseller catalog prices are generally net prices.

7.2 Invoices show net product prices and costs for services such as packaging, shipping, express delivery, plus applicable VAT.

7.3 Online prices on DatACT GmbH websites override catalog prices.

7.4 DatACT GmbH reserves the right to exclude certain payment methods and require advance or cash payment.

7.5 DatACT GmbH may charge a travel fee of CHF 1.50 per km unless otherwise agreed.

8 Retention of Title

8.1 Goods remain the property of DatACT GmbH until full payment is made. In case of warranty exchanges, ownership is transferred back and forth upon receipt of returned goods or replacements.

9 Warranty

9.1 DatACT GmbH warrants goods are free from material and legal defects at the time of risk transfer.

9.2 Obvious defects, including transport damage, must be reported within 10 days. Hidden defects must be reported within the same period upon discovery. Failure to do so voids warranty claims.

9.3 Warranty duration is 12 months for new, refurbished, or demo goods. Warranty starts upon delivery. No warranty applies beyond the mentioned terms unless a manufacturer warranty exists.

9.4 If a defect exists, the customer may request rectification. After two failed repairs, the customer may request a replacement, price reduction, or withdrawal.

9.5 Compensation claims follow legal regulations.

9.6 Warranty claims require the defect not to be caused by misuse. Defects appearing after 3 weeks require customer proof that they existed at the time of delivery.

10 Liability

10.1 DatACT GmbH is fully liable for intent or gross negligence by itself or its agents. Liability is otherwise limited to the legally permissible extent.

10.2 These limits do not apply to injuries to life, body, or health, product guarantees, or fraudulently concealed defects.

10.3 For data loss, DatACT GmbH is only liable for intent/gross negligence and if daily backups can be proven. Liability is limited to restoration using the backup.

10.4 DatACT GmbH is not liable for outages, business interruption claims, or indirect damages unless due to intent or gross negligence (Art. 100 CO). Also not liable for issues due to missing documentation or misconfiguration contrary to industry standards.

11 Applicable Law

11.1 Swiss law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

12 Miscellaneous

12.1 Customers may not offset or withhold payments unless claims are undisputed or legally established.

12.2 If any provision is or becomes invalid, the rest of the contract remains valid.

12.3 We reserve the right to modify our website, rules, and terms at any time. The version valid at the time of your order applies unless changes are legally or administratively required (then they also apply to prior orders).

12.4 Jurisdiction for all disputes is the ordinary court at the DatACT GmbH domicile or the Commercial Court of the Canton of Zurich.

Last updated: 06.07.2022