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AGB for purchase contracts with delivery also within the EU (sale of goods, in particular via Internet)


1. Validity of the general terms and conditions and conclusion of contract

1.1 These General Terms and Conditions apply to sales contracts with private customers and companies concluded via the provider's website.

1.2 The order is confirmed by the offerer by mail. The contract is concluded as soon as the confirmation arrives at the buyer. If the confirmation is not received within a reasonable period of time, the buyer shall consider this as a rejection of the order and shall be entitled to conclude the contract with another supplier.


2. Prices and special offers

2.1 Prices are quoted in CHF. VAT is included. Packaging, processing and shipping costs will be charged separately. For shipping outside Switzerland, additional fees may apply.

2.2 The supplier reserves the right to change prices at any time. For customers, the prices published on the website on the order date apply.

2.3 The conditions for actions and discounts are callable with the information concerned.


3. Terms of delivery

3.1 Delivery is normally made within 7 working days. If a longer delivery period is necessary, the customer will be informed at the latest after the expiry of this period. If no information is provided, the customer is entitled to waive delivery.

4. Right of revocation and right of withdrawal

4.1 The customers can revoke the purchase contract within 14 days without giving reasons and without penalty. The period for exercising this right shall commence on the day on which the goods reach the consumer. The customer may return goods that have already been delivered at his own expense if the goods have not been opened and used. Already made payments on calculation are refunded by the offerer free of charge.

4.2 If a customer withdraws from the purchase because of late delivery or defects in the goods or other reasons for which the Supplier is responsible, the Supplier will refund any amounts already paid and the return costs.


5. Liability and Warranty

5.1 For a period of 24 months, the supplier guarantees that the goods have the warranted characteristics, have no defects which could impair their value or suitability for the intended use and comply with the prescribed services and specifications.

5.2 The Buyer shall inspect the delivered goods as soon as possible and report any defects immediately. The responsible customer service can be found at yubikey.ch. Secret defects can still be complained about even after commissioning or use of the goods. The performance of payments is not considered as a waiver of notice of defects.

5.3 If there is a defect, the buyer has the choice to demand free rectification, to make a deduction from the price corresponding to the reduced value, to withdraw from the contract or to obtain a replacement delivery. The right of the buyer to claim damages remains reserved in all cases.


6. Payment

6.1 Payment is possible at the request of the customer in the following ways:

Advance payment. The payment information will be communicated with the confirmation e-mail of the purchase. The goods will be shipped as soon as the amount is received, if the product is in stock. If the goods are not paid within 30 days the order will be cancelled automatically.

PayPal. When completing the order, the customer can pay directly via PayPal. The customer will be redirected to the PayPal page.

Invoice. Existing corporate customers can also order and pay on account. The orders will be accepted by mail at sales@yubikey.ch The order confirmation and invoice will be sent to the customer by e-mail. The goods will be shipped immediately if in stock. Unless otherwise agreed, the payment period is 30 days.

6.2 With late payment the offerer will send at most two reminders. A fee of CHF 20 will be charged for the second reminder. If the customer then does not pay, debt enforcement measures will be initiated. In addition, interest on arrears of 5 percent will be charged in the event of late payment. We reserve the right to claim damages.

 

7. Liability for online connections

7.1 The provider undertakes to ensure security in systems, programs, etc. which belong to him and over which he has influence in accordance with the latest technical standards and to comply with the rules of data protection.

7.2 Customers shall ensure the security of systems, programs and data within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

7.3 The provider is not liable for defects and malfunctions for which he is not responsible, especially not for security defects and operational failures of third parties with whom he cooperates or on which he is dependent.

7.4 Furthermore, the provider is not liable for force majeure, improper action and disregard of risks on the part of the customer or third parties, excessive strain, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer or disturbances by third parties (viruses, worms, etc.) which occur despite the necessary current security precautions.

8. Settlement of disputes

8.1 The European Commission shall provide a platform (OS platform) for the out-of-court online settlement of disputes which can be accessed at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

is available.

9. Application of law and place of jurisdiction

9.1 These GTC shall be governed by Swiss law, in particular the provisions of the Swiss Code of Obligations.

9.2 Swiss law applies to all legal relationships which are not expressly regulated in the contract between konzeptplus gmbh and the customer or in these GTC. The exclusive place of jurisdiction is St. Gallen, Canton of St. Gallen.


Right of Withdrawal

for the EU market

If you act as a consumer, you can revoke your contract declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. We will send you this revocation instruction again separately in text form. The period begins on the day after you have received the goods and the revocation instructions in text form.  The timely dispatch of the revocation or the goods suffices to comply with the revocation period.


The revocation is to be addressed to:

konzeptplus gmbh      
Tobias Gurtner
Dorfstrasse 18
CH - 9657 Unterwasser
sales@yubikey.ch
+41 71 999 22 92      

 

Revocation consequences

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you cannot return the goods to us in whole or in part or only in a deteriorated condition, you must pay us compensation for the value. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a retail shop - or the intended use of the goods.

Goods that can be sent by parcel post are to be returned at our risk. Items that cannot be sent as parcels will be collected from you. You have to bear the costs of the return if the delivered goods ordered and if the price of the goods to be returned does not exceed an amount of 40 EUR or if you at a higher price of the goods at the time of revocation has not yet made the payment or a contractually agreed partial payment. Otherwise the return is free of charge for you.

Obligations to refund payments must be fulfilled by you within 30 days of the date on which your notice of cancellation is sent.

 

1 In contrast to the formulation of the official design, the wording represents the start of the period precisely. It takes into account the provisions of §§ 312c (2) and § 355 (2) BGB, according to which the period does not begin until the consumer has received a clearly structured instruction in text form and the goods. In addition, the provision of § 187 (1) BGB is taken into account, according to which in the case of a period triggered by a specific event, this period only begins on the day after the event triggering the period.

2 The sample revocation instruction waives the assertion of a value replacement for a deterioration caused by the intended use of the goods. Whether such compensation can be claimed is controversial and is judged differently by the courts.