1.1 General Terms and Conditions (GTC)
Version 1.0 26.02.2017
2 Subject of the contract
The following General Terms and Conditions (GTC) shall govern the sale by ActivCell AG to business / private customers (hereinafter referred to as “Customer”) of the goods and services, devices, systems, education and further training courses, platform of knowledge exchange, etc. presented on the www.activcell.ch and www.equcell.ch websites (hereinafter referred to as “Products”) or products specified in written offers.
3 Conclusion of the contract
The contract between the Customer and ActivCell AG shall only come into effect after an order is placed by Customer and accepted by ActivCell AG. Customer's order shall be made in person, by telephone, in writing, or via the internet. ActivCell AG shall accept the order by (a) sending Customer an order confirmation (by fax, e-mail or mail) or (b) delivering the ordered products (with a delivery note).
4 Product range
All details about Products that Customer receives during the order process are non-binding. In particular, changes to the design and technology that improve the functioning of a product as well as errors in the description, depiction, and price information are reserved. All technical information about the individual products is based on details provided by the manufacturer or ActivCell AG and is binding within this framework.
5 Terms of payment
All prices are recommended prices that are continuously adjusted to the current market. They are quoted in Swiss francs (CHF), including VAT, unpacked, postage unpaid ex warehouse in Mosen LU, but including the SWICO fee (recycling fee). Delivery and packaging costs shall be calculated separately. Net payment must essentially be made within 30 days of the invoice date. New customers may only make purchases by payment on delivery, bank cheque or cash payment. ActivCell AG reserves the right to only supply customers (even existing ones) by payment on delivery.
6 Terms of delivery
Ordered Products can only be delivered to an address in Switzerland. Provided they are in stock, Products shall be delivered immediately to the address indicated by Customer. Otherwise, a written order confirmation shall be issued with the expected delivery date. Products shall be delivered (from Mosen LU) at the expense and risk of Customer, even if partial deliveries are made. Claims shall only be settled in the event of externally visible damage to the goods ordered, on presentation of a certificate from the respective carrier. If an ordered product is no longer available at the time of delivery, ActivCell AG expressly reserves the right to exchange the product for an equivalent product.
7 Reservation of title
Delivered Products remain the property of ActivCell AG until full payment has been received. ActivCell AG is entitled to make a corresponding entry in the reservation of title registry. If Customer is in default of payment of the purchase price, ActivCell AG is entitled to withdraw from the contract (notice of cancellation) and to take possession of the products.
8 Right of return
Customer is entitled to revoke the conclusion of the contract without stating a reason within 30 days of completing the product training and to send Products back. The delivered goods must be returned in an undamaged, fully functional, and complete condition, and in the undamaged original packaging. The right of return begins upon receipt of Products by Customer who shall bear the costs of the return shipment. ActivCell AG will charge Customer for any repairs. In general, training courses, training documents, and items ordered or produced on customer request are excluded from the right of return. If Customer has returned Products correctly and within the deadline, ActivCell AG will issue a credit note or, if requested, a replacement delivery.
9 Warranty for defects and liability
For all offered Products the warranty term shall be 24 months from the purchase date, provided a longer warranty period is not explicitly stated. ActivCell AG shall grant a warranty period of three years on all accessory parts. Products and elements shall be replaced or repaired free of charge, provided the defect is reported in writing by Customer within 14 days of receipt of the goods. If a product cannot be repaired or replaced, Customer will receive a replacement product of equal value or a credit note. Damage to the glass electrode due to broken glass, and damage caused by improper handling, mechanical damage caused by falls, and water damage to electronics are excluded from the warranty. The warranty shall expire if technical changes or independent improper repairs are made to Products without prior approval from ActivCell AG. If legal provisions allow it, liability for compensation is excluded. In particular, ActivCell AG is not liable for damage due to improper use or natural wear and tear, or for damage which is not incurred to the delivered object itself (consequential damage).
10 Intellectual property
ActivCell AG reserves all rights to every design, all text and any graphic elements on its website and in all documents that are made available. The website, as a whole or in part, documents, descriptions, images of products or documents may only be copied or reproduced for the purpose of placing an order with ActivCell AG or exchanging information within the ActivCell community. The name ActivCell, EquCell, graphic elements and symbols are all registered trademarks or brands of ActivCell AG. The individual products are protected by technology patent applications. ActivCell AG reserves the right to ownership and copyright of all figures, drawings, calculations and other documents. Customers must have express prior written consent from ActivCell AG to pass this information on to third parties.
11 Data Protection
ActivCell AG ensures adherence to the provisions of the Swiss Data Protection Act and the relevant legal standards for the collection, processing and use of personal data. Customer data collected during the ordering process will be used for internal market research purposes only. Data is only disclosed to third parties when it is necessary for the provision of services (order processing). Customers agree to this use of their data. Furthermore, they have the right to request access to the data stored on them at any time and to prohibit their use for internal market research purposes.
12 Place of jurisdiction
The present General Terms and Conditions and contracts concluded under these GTC are subject to Swiss law, excluding the UN purchase right (CISG). The place of jurisdiction is Mosen in Canton Lucerne.
13 Concluding Terms
When the products specified by ActivCell AG are sold, the General Terms and Conditions apply exclusively in the version valid at the time. These Terms and Conditions shall also apply in particular if they should differ from those of Customer. Should any provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the legal validity of the remaining provisions. In addition, ActivCell AG reserves the right to make changes to these General Terms and Conditions at any time.
(c) Copyright by ActivCell AG