QLOCKTWO Swiss GmbH
Rheinweg 4
CH-8200 Schaffhausen
Telephone: +41 (0)52 533 452-0
E-Mail: swiss@qlocktwo.com
HR-Nummer: CH-290.4.020.686-3
UID: CHE-362.730.356
1. These General Terms and Conditions of Business (“GTC”) apply exclusively to all business relationships between QLOCKTWO Swiss GmbH and buyers. The GTC apply irrespective of whether the buyer is a consumer or a businessman.
2. All agreements made between the contracting parties in connection with a purchase contract are as expressed in, in particular, these terms and conditions of sale, the written order confirmation, and the notification of acceptance from QLOCKTWO Swiss GmbH.
3. Terms and conditions of the buyer that are at variance therewith do not apply unless QLOCKTWO Swiss GmbH expressly acknowledges them in writing before a contract is entered into. This applies also if QLOCKTWO Swiss GmbH does not expressly exclude them.
1. The contractual languages are German and English. Presentation and advertising of items in the Online Shop do not constitute a binding offer to enter into a purchase contract. All offers are subject to change in respect of technical alterations and other changes.
2. Purchase orders can be submitted to QLOCKTWO Swiss GmbH through the webshop at the address (URL) http://store.qlocktwo.com.
3. The buyer can buy the offered products in the QLOCKTWO Swiss GmbH Online Shop. Once the buyer has found the desired product, he can add it to the shopping cart without obligation by clicking the “ADD TO CART” button. The buyer can view the contents of the shopping cart at any time, without obligation, by clicking the “OPEN CART” button. The buyer can remove the products from the shopping cart at any time by clicking the “REMOVE” button before a purchase is made. To buy the products that have been placed in the shopping cart, the buyer must click on the “Checkout” button. After logging into his customer account or creating a new customer account, the buyer is then asked to enter his personal data, select the shipping and payment methods, and confirm that he has read the customer information. The ordering process can be cancelled at any time or completed with a click on the “CONFIRM PAYMENT AND SUMBIT ORDER” button.
4. Before submitting the order, the buyer is given an opportunity to review the order and verify that everything is correct, particularly in respect of prices and quantities, and to make corrections as needed. For this purpose the buyer is provided with the main contents of the purchase contract, such as the product description, the total price, shipping charges and additional costs, prominently displayed in a clear and understandable form, before the order is submitted. In addition, the ordering process in the Online Shop is designed so that the buyer confirms with his order that he agrees to make payment. An order cannot be submitted with a click on the “CONFIRM PAYMENT AND SUBMIT ORDER” button until the buyer has accepted these contractual terms by ticking the check box that is provided for that purpose, whereupon the order becomes legally binding.
5. With a click on the “CONFIRM PAYMENT AND SUMBIT ORDER” button the buyer submits his order, thereby submitting an offer to enter into contract. Submission of an order to QLOCKTWO Swiss GmbH constitutes a legally binding offer of intent to enter into a contract with QLOCKTWO Swiss GmbH. The buyer is bound by the order for a period of two weeks after the order is submitted.
6. QLOCKTWO Swiss GmbH will promptly confirm by email its receipt of an order submitted through the Online Shop. Such an email does not yet constitute a binding acceptance of the order unless it contains a declaration of such acceptance along with the confirmation of receipt.
7. A contract is then made between QLOCKTWO Swiss GmbH and a buyer only if QLOCKTWO Swiss GmbH accepts the order by means of a declaration of acceptance in the form of an order confirmation or by delivering the merchandise to the buyer. Should it be impossible to deliver the ordered merchandise, for example because the merchandise is not in stock, QLOCKTWO Swiss GmbH will refrain from declaring acceptance, in which case no contract is entered into. QLOCKTWO Swiss GmbHwill promptly inform the buyer accordingly and refund without delay any consideration it has already received.
8. The merchandise is shipped to the last address QLOCKTWO Swiss GmbH has been provided with or – in case of payment via PayPal – to the address deposited with PayPal.
9. For online orders, the text of the contract and the order data are provided before a contract is entered into and can be saved and printed out by the buyer. Upon completion of the ordering process, the text of the contract is stored by QLOCKTWO Swiss GmbH in accordance with the provisions of data protection law and sent to the buyer by email together with the GTC of QLOCKTWO Swiss GmbH. The general terms and conditions of contract can be viewed at any time, even before entry into contract, through the AGB link and downloaded or saved from there.
CANCELLATION POLICY
1. If you are a consumer (i.e. a natural person who enters into a legal transaction for purposes that can be ascribed neither to your commercial nor to your independent professional activity), QLOCKTWO Swiss GmbH grants you a right of withdrawal.
2. If you as a consumer exercise your right of cancellation according to para. 1, then we will bear the direct costs of returning the merchandise.
3. The right of cancellation is subject to the provisions which are presented in detail in the following
CANCELLATION POLICY:
RIGHT OF CANCELLATION
You have the right to cancel this Agreement within fourteen days, with no questions asked. The deadline for cancellation is fourteen days from the day on which you, or a third person designated by you who is not the carrier, have or has taken possession of the merchandise.
To exercise your right of cancellation, you must inform us, QLOCKTWO Swiss GmbH
Rheinweg 4
CH-8200 Schaffhausen
swiss@qlocktwo.com
by means of a clear statement (e.g. a letter sent by mail, fax, or email) of your decision to cancel this Agreement. The appended Sample revocation form can be used for this purpose but is not required.
WIDERRUFSFORMULAR
Notification that you are exercising your right of cancellation suffices to meet the cancellation deadline if it is dispatched before the time limit for cancellation expires.
CONSEQUENCES OF CANCELLATION
If you cancel this Agreement, we must promptly return to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs incurred if you have chosen a delivery method other than the most inexpensive, standard delivery option offered by us), no later than fourteen days from the day on which we receive notification of your cancellation of this Agreement. For this repayment we will use the same method of payment as that used by you for the original transaction unless otherwise expressly agreed with you; in no case will you be charged fees for the repayment. We may refuse to make the repayment until we have received the returned merchandise or you have provided proof that you have sent the merchandise back to us, whichever occurs first.
You must return or hand over the merchandise to us promptly, but in any event no later than fourteen days from the day on which you notify us of your cancellation of this Agreement. To meet the deadline, you must dispatch the merchandise before the 14-day time limit expires.
We will bear the direct costs of returning the merchandise.
You must pay for any loss in the value of the merchandise only if that loss in value is attributable to handling of the merchandise other what is necessary to ascertain its quality, attributes, or functionality.
END OF THE CANCELLATION POLICY
4. The right of cancellation does not apply to distance contracts a) for delivery of merchandise that 1) is not prefabricated and an individual selection or determination by the consumer is decisive for its production (individual customer specification) or that are tailored to the personal needs of the customer, 2) that is by nature unsuitable for return or 3) that can perish rapidly or whose expiration date would be exceeded.
b) for delivery of audio or video recordings or of software if the delivered data media have been unsealed.
1. Deliveries are made within the Switzerland. For delivery times please consult the product descriptions.
2. Delivery shall be made in accordance with the information on the delivery period provided in the item information. The aforementioned delivery period shall commence in the case of payment in advance from the time of receipt of payment on the account of QLOCKTWO Swiss GmbH, in the case of payment by PayPal or credit card immediately on the day after the conclusion of the contract and shall end on the last day of the delivery period shown in the item information on the item detail page.
3. If the buyer includes in a single order from QLOCKTWO Swiss GmbH diverse goods for which different delivery times are stated, QLOCKTWO Swiss GmbH will send those goods in one combined shipment, in which case the delivery time for the entire shipment of goods will be that of the item with the longest stated delivery time.
4. Postage and packing costs are charged according to the schedule of “Delivery Times and Shipping Costs”. Shipping costs depend on the required shipping method and the value of the merchandise. Unless the buyer requests otherwise, QLOCKTWO Swiss GmbH will use the most inexpensive shipping method available through Deutsche Post, DHL, UPS, or other parcel delivery services. The buyer will bear the additional costs incurred if the buyer requests a special delivery method (such as express shipping).The QLOCKTWO Swiss GmbH will inform the buyer of these costs on request. The price, including value-added tax and shipping charges, is displayed also in the order summary before the buyer submits the order.
5. In the case of orders from buyers whose residence or place of business is located abroad, or if there are reasonable indications of a risk of non-payment, QLOCKTWO Swiss GmbH reserves the right to withhold delivery until after the purchase price and shipping charges have been received (reservation of advance payment) . Should a delivery not be subject to payment in advance by agreement with the buyer, then ownership of the delivered merchandise passes to the buyer only upon payment in full of the purchase price. As long as QLOCKTWO Swiss GmbH remains the owner of the merchandise, the buyer must inform QLOCKTWO Swiss GmbH without delay if third parties assert rights of any kind to the merchandise.
6. Unless otherwise agreed, the merchandise will be sent from QLOCKTWO Swiss GmbH to the address provided by the buyer or – in case of payment via PayPal – to the address deposited with PayPal. If the buyer or a person authorised to receive the merchandise cannot be found at the specified address at the time of delivery, the buyer will bear all additional costs that are incurred as a result.
7. The QLOCKTWO Swiss GmbH will inform the buyer of the approximate delivery date in the order confirmation. The QLOCKTWO Swiss GmbH is not liable for merchandise that is sent uninsured at the buyer’s request.
8. Damage that occurs in transit must be reported to the carrier without delay.
1. All prices are gross prices stated in the currencies listed in the online-shop, inclusive of the statutory value-added tax, and are to be understood as exclusive of shipping charges. The QLOCKTWO Swiss GmbH reserves the right to change its prices at any time.
2. The buyer may pay only in advance by transfer or, for domestic orders, make payment on delivery, by credit card, by PayPal or by Amazon Pay. The QLOCKTWO Swiss GmbH accepts payments in the currencies listed in the online-shop only.
3. If the buyer is in default of payment, QLOCKTWO Swiss GmbH is entitled to demand full default interest at the rate of 5.00% (9.00% if the buyer is a businessman) per year above the base interest rate set by the European Central Bank. If QLOCKTWO Swiss GmbH incurs greater losses (e.g. as a result of chargeback fees), then QLOCKTWO Swiss GmbH is entitled to claim these as well.
4. The payment amount shown on the invoice is due for payment immediately after placing the order.
5. The buyer is obliged to bear all international transfer fees.
The buyer is entitled to set off counter-claims only if and to the extent that his counter- claims are reciprocal (§ 320 BGB) to the claims asserted by QLOCKTWO Swiss GmbH, the counter-claims have been established by final and absolute judgement, or the counter- claims are not in dispute. The buyer is entitled to withhold performance only for counter- claims arising from the same contractual relationship.
The delivered merchandise remains the property of QLOCKTWO Swiss GmbH until the purchase price is paid in full.
1. The QLOCKTWO Swiss GmbH is liable for material and legal defects according to the applicable provisions of law. The limitation period for statutory claims for defects is two years and begins when the merchandise is delivered. Notwithstanding this provision, a shortened warranty period of one year from acceptance shall apply to repair work ordered.
2. The warranty is excluded for defects resulting from incorrect (third-party) assembly, incorrect operation of the merchandise or its accessories, or wear from overuse. Usual or unavoidable deviations with regard to quality, quantity, dimensions, colouring shall not be regarded as defects to the extent permitted by law.
3. Any seller’s warranties for specific items or Swissr’s warranties granted by the Swissrs for specific items apply in addition to the claims for material or legal defects within the meaning of para. 1. The particulars of the scope of such warranties are as stated in the warranty terms that are included with some items.
4. In the event of defectiveness, the buyer shall have a claim to subsequent performance, which QLOCKTWO Swiss GmbH may fulfil at its own discretion by rectification (in particular repair) or delivery of a new, defect-free product. QLOCKTWO Swiss GmbH may refuse the type of remedy (repair) chosen by the Buyer if it is only possible at disproportionate costIn cases where QLOCKTWO Swiss GmbH performs remedy by new delivery, the Buyer shall be obliged to return the originally delivered goods to QLOCKTWO Swiss GmbH at the latter's expense within 14 days after receipt of the replacement delivery.
5. The buyer shall be entitled to further rights, such as, in particular, withdrawal from the contract or reduction of the purchase price, under the statutory conditions.
1. QLOCKTWO Swiss GmbH shall be liable to the buyer in all cases of contractual and non- contractual liability only in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. Any other liability of QLOCKTWO Swiss GmbH is completely excluded.
2. Any liability of QLOCKTWO Swiss GmbH for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
1. Swiss substantive law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the IPR.
2. The place of performance for delivery and payment is Neuhausen am Rheinfall, Switzerland.
3. The exclusive place of jurisdiction for all disputes shall be the registered office of QLOCKTWO Swiss GmbH, Neuhausen am Rheinfall, Switzerland, subject to mandatory statutory provisions.
QLOCKTWO Swiss GmbH
rev.: March 2021