General Terms and Conditions (GTC)

    1. General
      1.1 These General Terms and Conditions (GTC) govern the relationship between the company Kursiv GmbH, hereinafter referred to as Kursiv, and its customers, hereinafter referred to as Customer.
      1.2 These GTC apply to all services and deliveries of goods by Kursiv to the Customer and are also tacitly accepted by the Customer when placing an order.
      1.3 Counter-confirmations of the Customer with reference to his terms and conditions of business or purchase are hereby rejected. Deviations from these GTC must be made in writing.
      1.4 Italic and customer pay attention to a fair business conduct.
    2. Offer and subject matter of the contract.
      2.1 Kursiv’s offers are subject to change with regard to prices, quantity, delivery period, delivery possibility and ancillary services. Technical changes are expressly reserved.
    3. Pricing.
      3.1 Upon receipt of an order, Kursiv’s current prices shall apply.
      3.2 Orders are charged in Swiss francs.
      3.3 Price changes, in particular due to exchange rate fluctuations, are possible at any time, even without prior notice.
      3.4 Dealers registered with Kursiv are entitled to purchase software products against dealer conditions. For dealer status, we require a certified copy of an excerpt from the commercial register, from which the activity as a specialist dealer for the software or hardware sector is clearly evident.
      3.5 All prices are exclusive of value-added tax.
    4. Orders.
      Products can be ordered via our websites. Services are agreed individually.
    5. Delivery terms.
      5.1 Prices are ex italic location.
      5.2 Packaging and transport costs, insurance, possible installations, training and application support will be invoiced separately and are in no case part of the purchase price of the product.
      5.3 A Product shall be deemed delivered when Kursiv has handed over the Product to Customer, delivered it by email or electronic media (e.g. Kursiv website, WeTransfer, Dropbox, Box.com or similar), or the posting has been made by mail or courier.
    6. Guarantee Services.
      6.1 The risk for a shipment passes to the customer as soon as the goods leave Kursiv.
      6.2 Kursiv warrants that it will deliver the products in working order (specifications specified by the manufacturer). Beyond that, Kursiv does not provide any further guarantees such as functionality within a system or a specific application.
      6.3 Kursiv provides the Customer with the same agreed terms and warranties that it receives from its suppliers and which are mandatory under Swiss law. Any additional warranty services, in particular those not offered by the manufacturer, must be separately agreed upon in writing together with Kursiv.
      6.4 Complaints about the goods or services provided by Kursiv must be made in writing without delay, at the latest, however, within eight days after receipt, otherwise the delivery shall be deemed to have been approved.
      6.5 Return of ordered and delivered goods is only possible after prior agreement with Kursiv. A return does not automatically entitle the customer to withdraw from the contract. Exceptions and procedures are specified in section 7 “Conditions of return”.
      6.6 Warranty services can only be provided if the goods are handled properly. Damage caused by external influences and by unauthorized tampering is excluded.
      6.7 Warranty services not covered by the manufacturers will be charged to the partner.
      6.8 Kursiv must be given sufficient time for warranty work. Suggestions by Kursiv to check the delivery or its functionality shall be carried out by Customer and at Customer’s expense, unless direct warranty claims apply, otherwise any claims by Customer shall become void.
    7. Return Conditions.
      7.1 The customer shall inspect the goods himself and notify Kursiv in writing of any delivery errors within the period specified in Section 6.4.
      7.2 Returns can only be made after prior consultation with Kursiv. Returns without prior consultation shall not be entitled to any compensation nor shall the contract be extinguished thereby.
      7.3 Taking back software products: Software products must not have been downloaded.
      7.4 The following supplies will not be taken back:
      – Activated licenses
      – Downloaded software solutions, provided they are delivered without activation codes.
      – Serialized software products
      – Procurement products (products which are not purchased by Kursiv from the manufacturer but from other distributors and thus do not belong to Kursiv’s core products)
      – Damaged products
      – Devices put into operation
      – Software developments commissioned and delivered by Customer.
      7.5 Kursiv is entitled to charge the customer a reasonable handling fee when taking back a product. The minimum handling fee is CHF 50. The amount of the actual expense will be determined solely by Kursiv.
    8. Conditions of payment.
      8.1 The terms of payment are always listed on order confirmations and invoices. Valid are the details on the invoice.
      8.2.1 Delivery of goods
      Deliveries of goods are payable by cash in advance, credit card, check or cash on delivery. Orders from the website must be paid online via one of the specified payment methods. Goods will only be delivered after payment. This also applies to resellers. Resellers have their own conditions for purchasing in their account on the Kursiv websites.
      8.2.2 Services
      Kursiv services such as workshops, trainings, conferences, design assignments, software development and the like can be delivered against invoice. In the case of events and other projects Kursiv may require that the invoice be paid in advance, otherwise there is no right to the service. In the case of larger projects or if more than one month elapses between the placing of the order and the completion of the project, Kursiv shall be entitled to demand payment on account for work already performed.
      8.3 In the event of late payment Kursiv shall be entitled to charge reminder fees and interest on arrears. The reminder fee shall amount to a minimum of CHF 100.
      8.4 Kursiv is entitled to waive further deliveries in the event of default of payment by the customer.
    9. Retention of Title.
      9.1 All goods delivered by Kursiv shall remain its property, or the property of the manufacturer in the case of consignment goods, until full payment and settlement of all claims arising from business relations.
    10. Intellectual property, first use and rights of use.
      10.1 The copyright to all works created by Kursiv (concepts, training documents, design ideas, software developments, data models, photos, etc.) shall remain with Kursiv.
      10.2 The customer is entitled to use the works created by Kursiv within the scope of the order or service. This always requires the written form.
      10.3 Unless expressly agreed otherwise, the use by the Customer refers to the initial use. An endless right of use is not automatically granted.
      10.4 Any reuse of concepts, ideas, templates, photos or other works, other than for the initial use, requires the written permission of Kursiv. Further use is always subject to licensing. Any deviations from this provision must be in writing.
    11. Closing Provisions.
      11.1 Swiss law shall apply. The place of jurisdiction is St. Gallen. Italics may additionally refer to the place of jurisdiction at the domicile and / or place of business of the customer.

 

Version April 17th, 2020. Legally bnding is only the original German Version of this document. This translation is offered as a service only.