Terms & Conditions
General terms and condition of Active Communication AG
1. SCOPE AND VALIDITY
1.1 These General Terms and Conditions (GTC) apply both within and outside the online shop to all offers, orders, sales, deliveries and other services provided by Active Communication Ltd to customers. The GTC can be consulted and downloaded at any time on the website of Active Communication Ltd. In placing an order or signing a contract, the customer will be deemed to have accepted these GTC.
1.2 Any exception to the General Terms and Conditions shall only be valid if it has been expressly confirmed by Active Communication Ltd in writing.
2. ORDER AND CONCLUSION OF THE CONTRACT
The products and prices in the online shop constitute an offer. However, this offer is always subject to the condition of termination of the contract if delivery is not possible or the price is incorrect. The offer shall remain valid for the duration of the period indicated in the request for a quote. If no such period is specified, the offer shall remain valid for 60 days following receipt of the quote. The purchase contract comes into effect once the customer has submitted its purchase order in the online shop or via email.
The contractual relationship between the customer and Active Communication Ltd comes into being outside the online shop when an offer is accepted by the customer.
3. DELIVERY/DELIVERY TIMES/SHIPPING COSTS
3.1 The ordered products may only be delivered to an address in Switzerland or the Principality of Liechtenstein. Special arrangements may be made in writing for delivery to EU countries and countries outside the EU. If the products are in stock, they shall be delivered to the address provided by the customer. Expected delivery times are not guaranteed and are to be understood merely as a guide.
3.2 Active Communication Ltd shall only be liable for adherence to a delivery time if this has been expressly agreed with the customer and confirmed in writing by Active Communication Ltd.
3.3 If the delivery time expressly agreed upon in section 3.2 is not complied with, Active Communication Ltd shall inform the customer promptly concerning the anticipated delivery delay. The contractual relationship shall remain in place unless and until it is terminated in writing by the customer. However, the customer shall only be entitled to cancel the order if he/she gives written notice of cancellation to Active Communication Ltd promptly following notification of the delivery delay.
3.4 Deliveries are made at the customer’s own cost and risk from Active Communication Ltd’s warehouse. The customer shall be charged for postage and packaging costs.
3.5 Ordered products shall be packaged in a manner that ensures their optimum protection. However, we give no guarantee of damage-free delivery.
3.6 If a product ordered can no longer be supplied, wherever possible a product of equivalent value will be supplied.
3.7 All documents created within the scope of the contractual relationship, such as reports, order forms, etc. are the property of Active Communication Ltd and may not be passed on to third parties or external institutions without the approval of Active Communication Ltd.
4. PRODUCT CHARACTERISTICS
All information about the goods that the customer receives as part of the order process is non-binding. In particular, goods are subject to design and technology changes that improve their functionality. Likewise, errors in the description, illustration and price are reserved. All technical information about the individual goods is based on the manufacturer’s information. If Active Communication Ltd is not the manufacturer of the product, changes to the product on the part of the manufacturer in the interests of technical progress are reserved.
5. PRICES
All prices are quoted in Swiss francs and include value-added tax (VAT) but exclude shipping costs. Prices for products supplied and services provided abroad are indicated in euros (excluding VAT).
6. LIABILITY AND DISCLAIMER
No damages claims may be brought on the grounds that performance is impossible, due to breach of contract, on account of culpa in contrahendo or under tort, either against Active Communication Ltd or against its auxiliary agents and appointees save in the event of wilful wrongdoing or gross negligence. No liability whatsoever is accepted for consequential damages from defects, loss of profit or any other financial loss incurred by the customer.
Liability shall be capped under all circumstances at the value of the contract or the service or product ordered.
7. PAYMENT TERMS AND LATE PAYMENT
7.1 The invoiced amount is due within 10 days after the invoice date, unless otherwise stipulated in writing. If the outstanding amount is not paid on time, Active Communication Ltd reserves the right, without prior issuing of a reminder, to declare the customer in default and to charge default interest in accordance with Art. 104 et seq. of the Swiss Code of Obligations (CO) of 5%.
7.2 In the event of late payment, Active Communication Ltd reserves the right to fully or partly suspend further deliveries to the customer until all outstanding claims have been settled. The customer shall be notified of the suspension of deliveries in writing, by email or orally. The customer shall bear any consequences resulting from the suspension of deliveries. Furthermore, Active Communication Ltd reserves the right to definitively withdraw from any further order relationships. The customer shall be informed of this withdrawal in writing. Active Communication Ltd reserves the right to take further legal action.
7.3 In the event of default, Active Communication Ltd shall be entitled to charge the defaulting customer for the additional costs incurred.
7.4 The offsetting of any counter-claims is excluded.
7.5 Active Communication Ltd reserves the right to make deliveries to customers exclusively after prepayment has been made.
8. CREDIT CHECK
Active Communication Ltd reserves the right to check the customer’s creditworthiness in the case of payment against invoice.
9. RIGHT OF RETURN
As a general rule, the customer is entitled to withdraw from the contract within five working days of delivery of the goods and to return the goods to Active Communication Ltd at his/her own cost. Goods must be returned within five working days following delivery. Goods must be returned undamaged, unused, functional, complete and in their original packaging. The customer shall bear the cost of returning the goods, as well as any repair costs. Custom-made items produced at the customer’s request, non-stock items bought in specifically for the customer’s order, and opened consumables and hygiene products are not covered by the right of return. Digital items (ESD items) delivered to the customer electronically are also not covered by the right of return.
10. INSPECTION OF GOODS/DEFECTS/WARRANTY
10.1 The customer must inspect the goods immediately after delivery/handover, and must notify Active Communication Ltd in writing of any defects or deviations from the order/purchase order immediately or no later than within five working days following delivery/handover. Otherwise, the delivery shall be deemed accepted. The customer may not use any such product. He/she must keep it in the condition they received it in and report the defect/discrepancy. Defects which are not apparent even upon proper inspection (hidden defects) are to be reported in writing immediately upon discovery.
10.2 Where possible, Active Communication Ltd shall remedy reported defects in due time and in the proper manner at its own expense (right of rectification). If rectification is not possible or involves disproportionate effort, Active Communication Ltd shall replace the faulty goods. If replacement is not possible, the customer may request a price reduction that is proportionate to the defect. Reimbursement shall be made to the payer.
10.3 As a general rule, new goods are covered by a two-year statutory warranty. The period begins with delivery or handover of the goods. However, these warranty periods do not release customers from the obligation to inspect the goods immediately upon receipt and to submit a written notice of defects, if applicable. If the manufacturer/supplier of the defective goods does not acknowledge its warranty obligation, Active Communication Ltd reserves the right to charge the customer for the costs it incurs to remedy the defect.
10.4 When purchasing second-hand goods, the warranty period is one year, based on Art. 210 para. 4 lit. a CO; the period starts upon the delivery or handover of the goods. To the extent possible by law, this warranty period may be waived by mutual agreement and rescission and reduction may be excluded.
10.5 No case of warranty shall be deemed to exist if modifications (e.g. repairs, conversions) are made to the item, if the product is not used for its intended purpose or is used improperly, or if the prescribed or customary maintenance and servicing work is not observed. Furthermore, Active Communication Ltd is not liable for ordinary wear and tear. Likewise, no case of warranty shall be deemed to exist if a self-installed part supplied by Active Communication Ltd is installed by the customer and this results in defects in the installed part or in the item into which the part was installed. In this case, both reduction and rescission and the assumption of consequential damages are excluded.
10.6 In order to enable the warranty to be exercised, the goods must be sent with a copy of the original invoice or delivery note.
10.7 The assumption of any consequential damages from defects is excluded.
11. RETENTION OF OWNERSHIP
The goods shall remain the property of Active Communication Ltd until all open invoices have been paid in full. Active Communication Ltd is entitled to have the retention of ownership entered in the relevant registers. For as long as Active Communication Ltd asserts its retention of ownership, the customer is prohibited from selling, lending, renting or pledging the goods. In the event of seizure or other interventions by third parties in the ownership of the corresponding goods, Active Communication Ltd shall be notified in writing without delay. Active Communication Ltd’s retention of ownership shall take precedence over any other agreements the customer may have with third parties/third party institutions.
12. FORCE MAJEURE
Any delays, postponements and/or any impossibility on the part of Active Communication Ltd to supply or perform owing to force majeure shall not constitute a breach of contract for the duration of the disruption and for a reasonable transition period following the cessation of the disruption and shall not entitle the customer to withdraw from the contract or to claim damages.
All unforeseeable factual occurrences or legal provisions that prevent or render impossible the performance of the contract, for which Active Communication Ltd is not at fault, constitute force majeure occurrences. These include in particular: unforeseen disruptions to operations, transport, shipping or supplies, natural disasters, damage caused by fire, epidemics, any shortage of energy, raw materials or consumable materials, labour shortages, strikes, lockouts, as well as administrative directions or ordinances. Where possible, Active Communication Ltd shall inform the customer concerning any force majeure occurrence as well as the anticipated duration of the disruption to performance.
13. DATA PROTECTION
Personal data are processed in accordance with the Privacy Policy of Active Communication Ltd (available for download at: Active Communication Privacy Policy | Swiss Paraplegic Group (paraplegie.ch)).
14. INTELLECTUAL PROPERTY
The intellectual property rights to the documents, samples and models, etc. created in connection with the contractual relationship shall arise and remain with Active Communication Ltd. These may not be passed on to third parties without the prior written consent of Active Communication Ltd. The customer shall not acquire ownership of the aforementioned documents even after payment of the costs.
15. APPLICABLE LAW AND PLACE OF JURISDICTION
These GTCs and the contracts concluded on the basis of these GTCs (orally, in writing or electronically) are subject to substantive Swiss law.
The place of jurisdiction is the registered office of Active Communication Ltd.
AC, March 2024