1.1 The «General Terms and Conditions» at hand, subsequently named GTC, regulate the rights and obligations between PIT Solutions AG. and its clients. They are valid as long as nothing divergent has been agreed on.
1.2 By ordering a product or a service (see section 2.1.) the customer acknowledges and accepts the GTC.
2.1 The offer on our web-shop is without obligation. It is dependent on its availability. The publication of specifications, scope of delivery, etc. in the web-shop is given without guarantee.
2.2 PIT Solutions AG. is entitled to make partial deliveries.
2.4 Your order shall be deemed to be an offer to enter into a contract in accordance with these terms. We do not assume any obligation to accepting your order. If we accept your order, you will receive an order confirmation per by e-mail.
3.1 The prices of the products and services of PIT Solutions AG. are strictly net in Swiss Francs (CHF).
3.2 The prices are, unless otherwise indicated, including applicable Value-Added Tax. The prices are subject to the reservation of possibly price changes. We expressly reserve the right to adjust prices.
5.1 The transfer of ownership and of risk, in regards to the ordered products, occurs at the moment of the delivery of the products.
5.2 The delivery of software products is carried out in the form of download. As soon as your credit card company has cleared the payment, you will receive all necessary instructions for the download. Restart the download if the connection is interrupted during the process.
6. Right of Return
6.1 Generally there is no right of return.
6.2 The right of return is limited to the following conditions. The right of return is granted only if the licensor has had the possibility of analyzing the issue per FTP or any other remote-control software on the web-server of the licensee within five working days. Additionally, the refund will only be granted if the problem is not caused by any non-standard third party plugin that is not part of the original software package provided by the shopping cart developer.
7. Software and Services
7.1 Every software which we send to you is subject to the corresponding licence agreements. These licence agreements are distributed with all our software products.
7.2 It is your responsibility to make sure that the software or software bundles which you order are according to your needs and are compatible with your existing infrastructure, resp. systems and processes.
8. Warranty for Physical Products
8.1 All physical products include a one-year limited manufacturer's warranty for damages in material or execution. The limited warranty only covers physical products of PIT Solutions AG. Software. Services and other products of this sort are not included. The guarantee of PIT Solutions AG. corresponds to the legal regulations, Art. 184ff. Swiss Code of Obligations (CO).
9. Stand-by and Response Times
9.1 As long as nothing divergent has been agreed on the stand-by and response times concluded in the respective contracts, in particular the support contract, are valid. The customer service is the first contact point for all PIT Solutions AG customers. Inquiries can be submitted directly here: http://demo.mypits.org:10121/contact-support
A liability for the non-compliance to service levels is only given, should PIT Solutions AG be responsible for the non-compliance. This applies especially to:
Malfunctions which are not advocated by PIT Solutions AG directly, especially malfunctions ascribed to third party suppliers.
Malfunctions attributable to the customer's fault.
Malfunctions resulting from inappropriate usage or reparation of hardware or software in the possession of the customer.
9.2 For all work resulting from services or additional services PIT Solutions AG. grants a spatially and temporally limited licence. The copyright still remains with PIT Solutions AG. at all times.
10.1 The existing terms and conditions of business reflect the entirety of the obligations and liability on the part of PIT Solutions AG. concerning the delivery of products and the providing of all services.
10.2 PIT Solutions AG. is not bound to any other warranties, regulations or conditions besides those which are explicitly mentioned in the contract.
10.3 Each warranty, duty or other contractual condition concerning the products or services, which may by law, jurisdiction or any other way than in the contract (including, but nut concluding every term concerning quality, fitness for purpose and required care) be given consideration, are excluded due to the regulations at hand. PIT Solutions AG., in particular, is not obligated to provide a warranty that the products are adequate for the intended use.
10.4 No regulations in the contract can limit or exclude the liability of PIT Solutions AG. in the following cases: (i) gross negligence or unlawful intent; (ii) death or personal injury due to a faulty product at the time it was put on the market.
10.5 PIT Solutions AG. is not liable for any kind of lost revenue, lost profit, loss of contract, loss of data, or any indirect loss or damage, nor for any consequential loss or consequential damage, which may be ascribed to tort (including negligence) or breach of contract,
10.6. The maximum liability of PIT Solutions AG. for breach of contract, tort (including negligence) or any other reason, is limited to the amount which you owe PIT Solutions AG. for the products and/or services in question.
11.1 By submitting the order, you agree that we save, edit, use and forward your data received through your order form or fax in order to execute your order.
11.2 PIT Solutions AG. sells software within the licence procedure. With the purchase of the product you receive a licence for your shop. It is for this reason, that your order is registered with a precise serial number and is reported to us through the installation. With completion of contract, you give PIT Solutions AG. the right to save this data.
12. Force Majeure
12.1 In case we are incapacitated to fulfill our duties of a contact due to vis major or other circumstances beyond our control, we do not assume liability. In case of deferrals due to vis major or other circumstances beyond our control (force majeure), we will fulfill our duties as soon as the circumstances deem it reasonable.
13. Place of Jurisdiction and Applicable Law
13.1 These regulations, as well as all contracts concluded in consideration of these regulations, are subject to Swiss law, with exception of the UN-Sales Convention (CISG, "Vienna Sales Convention").
13.2 We endeavour to rectify disagreements efficiently and unbureaucratically. Zurich is the exclusive place of jurisdiction for all conflicts resulting from or in connection to these regulations, as well as to the individual contracts.
14. Partial Invalidity
14.1 If you or we do not assert individual rights from the contract in an individual case, this counts as a quitclaim of such rights.
14.2 For the case that a condition of these regulations, resp. this contract is or becomes ineffective or impracticable, the remaining regulations remain untouched. In this case, both parties are obliged to bring about a regulation which comes closest to the ineffective regulation in terms of its economic quality. This is also valid in case of loopholes.