Terms and Conditions
Hoobs.org is an offering of the two4you business solution GmbH, Rhypark 8, 5080 Laufenburg. The General Terms and Conditions (hereinafter GTC) define the terms of business and dealings between the two4you business solution (hereinafter hoobs.org) and its customers. The customer’s terms of business are not applied unless they have expressly and in writing been accepted by hoobs.org and do not contradict the terms and conditions of hoobs.org. Hoobs.org generally informs and communicates by e-mail. It is the customer’s business to indicate a valid e-mail address.
2. Acceptance Of Orders/Terms
All orders are subject to acceptance by HOOBS.ORG, two4you business solution GmbH, Burgmattstrasse 12, 5080 Laufenburg (“SUPPLIER”). SUPPLIER reserves the right to reject any order. Possession of a price list does not constitute an offer to sell. Acceptance of any order by SUPPLIER is expressly conditional upon Customer’s acceptance of the terms and conditions set forth herein (“Terms”), and the waiver by Customer of any terms and conditions contained in any order form, confirmation, or any other communication of Customer, whether previously or hereafter delivered to SUPPLIER, which either add to, differ from, modify, conflict with or are otherwise inconsistent with the Terms. SUPPLIER hereby gives notice of its objection to any additional or different terms or conditions in any such order form, confirmation or communication. Customer’s failure to object in writing to these Terms prior to the earlier of Customer’s acceptance of the products ordered or fifteen (15) days after delivery thereof to Customer will constitute agreement by Customer to these Terms.
3. Product Changes
SUPPLIER reserves the right to discontinue the manufacture or sale of any product (“Supplier Product”) at any time or to alter, modify or redesign the Supplier Products.
All prices are subject to change without notice. Should any governmental action or request prevent SUPPLIER from implementing any price or continuing any price already in effect, SUPPLIER may at its option cancel Customer’s order or any part thereof. All prices of hoobs.org are understood as inclusive of value-added tax (VAT) and a prepaid recycling fee in Swiss francs. Incidental costs (e.g. shipping expenses, packaging costs, additional charges for certain forms of payment, a shipping guarantee, services and installation fees) are not included in the price and are shown separately and can also be debited. Technical alterations, mistakes and printing errors are excepted. All prices are exclusive of local, provincial, or government taxes (including VAT) which are the responsibility of Customer.
5. Credit Approval
Customer credit approval is required prior to the shipment of any orders. If SUPPLIER determines at any time that Customer’s financial condition does not justify the extension of credit to Customer, then SUPPLIER may at its option require cash payments in advance or other satisfactory security prior to delivery.
6. Cancellation/Change Orders
Orders for standard Supplier Products may only be revised or canceled by Customer prior to the date of loading at the place of shipment, and only with SUPPLIER’s prior consent. Orders for nonstandard or custom Supplier Products may only be revised or canceled by Customer prior to the commencement of production, and only with SUPPLIER’s prior consent. Any product which SUPPLIER has the capability of producing but which it does not hold in inventory is considered a nonstandard or custom product. All cancelled orders, whether for standard Supplier Products or nonstandard or custom Supplier Products, shall be subject to a cancellation charge of 25% of the order price. If not cancelled as provided herein, Customer shall be liable for the full order price.
7. Shipping/Risk of Loss
The risk of accidental loss or accidental damage will pass to the customer when hoobs.org hands over the goods to the carrier.
Quoted shipping and/or delivery dates are based on estimates at the time of order. SUPPLIER shall use reasonable commercial efforts to meet such shipping and/or delivery dates, but SUPPLIER shall not be liable for any direct or indirect costs or damages, including without limitation incidental or consequential damages, resulting from late deliveries. Except as expressly provided otherwise herein, Customer agrees to purchase and pay for all Supplier Product ordered. Hoobs.org is entitled to make part deliveries. If part of the goods cannot be delivered, it has no right to cancel the entire order. The customer cannot enforce further claims. Deliveries are made at the customer’s expense and risk. In principle delivery is only to the kerbside or post office box of the customer.
9. Claims for Loss, Damage or Shortage
Any claims for damage, loss or shortage should be filed by Customer with the respective transportation carrier in writing immediately upon receipt of the Supplier Products. In no event shall SUPPLIER be liable for damage or loss to a shipment caused by a carrier. If shortage exists with respect to any shipment and it is not concealed, Customer shall secure a notation of such shortage from the carrier on the freight bill or delivery receipt. If shortage is concealed, Customer must notify the carrier and SUPPLIER within 15 days, unless otherwise specified by law. No claims for damage, loss or shortage will be allowed unless they are accompanied by an inspection report or signed delivery receipt noting such damage, loss or shortage signed by a representative of the carrier and forwarded to SUPPLIER within 30 days of the invoice date
Payment shall be due within 30 days of the date of the invoice unless otherwise specified. All invoices, whether partial or in full, shall be due and payable in full by Customer pursuant to the terms set forth thereon. Invoices not timely paid are subject to an interest charge of 1.5% per month on any unpaid balance or the maximum rate allowed by law, which interest charges shall accrue beginning on the invoice due date. If the Customer shall be deemed by the SUPPLIER to be unable to pay its debts as they fall due, or if the Customer (i) becomes insolvent, files or has filed against it a petition for winding up, makes any assignment for the benefit of creditors, or has a receiver, administrator or trustee appointed for it or its property, (ii) takes action to liquidate or otherwise cease doing business as a going concern, (iii) undergoes a change in ownership, (iv) fails to provide adequate assurance or security for credit extended, or (v) takes any other action that SUPPLIER determines in its sole discretion adversely impacts the conditions under which credit was extended, then all amounts outstanding from Customer hereunder shall at SUPPLIER’s option become immediately due and SUPPLIER shall be entitled to cancel the contract in whole or in part by giving written notice to the Customer, without prejudice of any other right or remedy available to the SUPPLIER. ALL PAYMENTS, WHETHER UNDER THE STANDARD PAYMENT TERMS OR OTHERWISE, SHALL BE CONSIDERED RECEIVED BY SUPPLIER AS FOLLOWS: (A) FOR PAYMENTS BY CHECK, WHEN THE CHECK IS RECEIVED AT SUPPLIER’S DESIGNATED PAYMENT LOCATION, AND (B) FOR PAYMENTS BY ELECTRONIC FUNDS TRANSFER, THE BUSINESS DAY ON WHICH THE FUNDS ARE IMMEDIATELY AVAILABLE TO SUPPLIER. Customer shall pay all undisputed invoices regardless of any dispute that may exist as to other delivered or undelivered goods. With respect to any disputed invoice, Customer shall pay all amounts not in dispute. Customer expressly waives the right to assert any offset or counterclaim with respect to amounts due under any invoice issued by SUPPLIER hereunder. Time for payment shall be of the essence.
11. Supplier Obligations
ANY SUPPLIER PRODUCT DELIVERED HEREUNDER AND THEN RETURNED TO CUSTOMER OPENED BY AN END-USER MAY (WHETHER SUCH PRODUCT IS DEFECTIVE OR OTHERWISE) BE RETURNED BY CUSTOMER TO SUPPLIER FOR A PERIOD UP TO ONE (1) YEAR FROM THE DATE OF SALE BY CUSTOMER TO END-USER. UPON RETURN OF SUPPLIER PRODUCT BY CUSTOMER, SUPPLIER MAY ELECT, AT ITS SOLE OPTION, TO RETURN THE CONSIDERATION PAID BY CUSTOMER TO SUPPLIER FOR SUCH RETURNED PRODUCT OR TO DELIVER REPLACEMENT PRODUCT TO CUSTOMER.
The customer promises to inspect delivered goods immediately on arrival to ensure that they are in order, complete and in perfect condition. Damage to delivered goods must be reported to hoobs.org as quickly as possible but within 5 calendar days of delivery at the latest. Otherwise it will be assumed that the delivery has been accepted by the customer. The products supplied are not certified for use with products of Apple Switzerland AG (Apple Switzerland SA, Apple Switzerland Ltd) or Apple Inc. (hereinafter Apple). Hoobs.ch assumes no liability for wrong use of delivered products in connection with products from Apple. A warranty for legal deficiencies is excluded.Compensation claims based on impossibility of performance, breach of contract, mistakes in making the contract or unlawful action are excluded unless deliberate or grossly negligent action is involved. Liability for indirect damage and consequent damage arising from use, through mistakes or loss of performance, is excluded. Warranty claims against hoobs.org may be made only by the immediate purchaser and are not assignable. The warranty period is 2 years from the date of registration of the product during installation (first use).
13. Remedies of Customer / Limitations of Liability
THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER AND THE SOLE AND EXCLUSIVE OBLIGATION OF SUPPLIER UNDER THE WARRANTY IN CLAUSE 16 (OR OTHERWISE) IN RESPECT OF SUPPLIER PRODUCT THAT IS CAPABLE OF BEING RETURNED TO SUPPLIER SHALL BE AS PROVIDED FOR IN CLAUSE 15. WITH RESPECT TO SUPPLIER’S NONCOMPLIANCE WITH ANY OTHER OBLIGATION OF SUPPLIER HEREUNDER, SUPPLIER MAY IN ITS SOLE DISCRETION ELECT TO CURE SUCH NONCOMPLIANCE WITHIN A REASONABLE PERIOD OF TIME. ANY ACTION BROUGHT BY CUSTOMER IN CONNECTION WITH SUCH NONCOMPLIANCE HEREUNDER MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER SUCH CAUSE OF ACTION ACCRUES OR IT WILL BE DEEMED WAIVED. SUPPLIER’S TOTAL AGGREGATE LIABILITY TO CUSTOMER UNDER, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE, SHALL IN NO EVENT EXCEED AMOUNTS PAID BY CUSTOMER TO SUPPLIER FOR THE SUPPLIER PRODUCTS INVOLVED, AND CUSTOMER RELEASES SUPPLIER FROM ALL CLAIMS AND LIABILITIES IN EXCESS OF THIS LIMITATION AND WAIVES ALL OTHER REMEDIES, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE REMEDY OF SPECIFIC PERFORMANCE. IN NO EVENT SHALL SUPPLIER BE LIABLE TO CUSTOMER FOR ANY CLAIM (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE) FOR (A) ANY LOSS OF PROFIT, REVENUE, ANTICIPATED SAVINGS, BUSINESS OR CONTRACT, AND (B) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS. CUSTOMER ACCEPTS THAT THE LIMITATIONS AND EXCLUSIONS SET OUT IN THE AGREEMENT ARE REASONABLE HAVING REGARD TO ALL THE CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE CONSIDERATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT IN ANY WAY SUPPLIER’S LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUDULENT MISREPRESENTATION OR FOR BREACH OF ITS OBLIGATIONS UNDER §12 OF THE SALE OF GOODS ACT 1979. TO THE EXTENT THAT ANY RELEVANT JURISDICTION DOES NOT ALLOW SUPPLIER TO DISCLAIM LIABILITY FOR CERTAIN DAMAGES OUTLINED ABOVE, SUCH SPECIFIC LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY.
14. Force Majeure
SUPPLIER shall be under no liability for any failure to perform any of its obligations under these Terms or any contract if and to the extent that the failure is caused by reason of any cause outside the control of the SUPPLIER. Delivery suspended or not made by reason of force majeure shall be canceled without liability, but the Terms shall otherwise remain unaffected.
15. Applicable law
Contracts with customers are subject to Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods.
The sole court of jurisdiction is the District Court of Laufenburg.