General Terms & Conditions of
Invisia AG / last amended 1 October 2018
These General Terms & Conditions (‘GTC’) apply as amended on the date of the order to orders of goods from the product range of Invisia AG and to all services, quotations, deliveries and other services of Invisia AG.
The contractual partner of the customer is Invisia AG, Hertistrasse 2, 8442 Hettlingen, Schweiz, Tel. + 41 52 770 07 24, E-Mail: email@example.com (‘Invisia’) with business premises at Katharina-Sulzer-Platz 4, 8400 Winterthur, Switzerland.
These GTC are an integral component of the contract between Invisia and the customer. Any provisions that deviate from these GTC are legally binding only if they are expressly accepted by Invisia in writing. Invisia does not accept any general terms and conditions of customers or of partner companies.
2. Order process, quotations and conclusion of contract
The offers in Invisia’s catalogues or on the website are not binding offers. For orders received in person or by phone, post or fax, a contract comes into existence when Invisia declares its acceptance of the order; i.e. an order confirmation sent to the customer by email, post or fax, or at the latest dispatch of the purchased goods or a collection notification to the customer.
If the ordered goods are not available, Invisia reserves the right not to accept the order of the customer; thus, no contract is then concluded. The customer will be notified of this by email. In this case, any payments already made for the ordered goods will be refunded to the customer.
If, after the contract has been concluded, it proves impossible to deliver all or some of the goods due to force majeure or for any other reason for which Invisia is not responsible, Invisia is entitled to withdraw from the contract either fully or in part. The customer will be notified of this by email. Any payments made for the goods in question shall either be refunded to the customer in full (in the event of a complete withdrawal from the contract) or on the basis of the goods that cannot be delivered (in the event of a partial withdrawal). The customer cannot file any further claims.
Invisia’s written quotations for the development of systems and the provision of consulting, project planning, installation, assembly and other services are not binding until the order is confirmed in writing by Invisia. Invisia reserves the right to make adjustments to the quotations confirmed in writing if the calculation basis should change during execution of the contract due to price increases, additional taxes, increases in customs duties or exchange rate fluctuations.
All information, service descriptions, photos, media data, product information, product photos, technical specifications, accessories, etc., on Invisia’s website are not subject to a guarantee. Furthermore, Invisia accepts no liability for the content of third-party websites and linked partner shops.
Unless expressly indicated otherwise, all product and project descriptions, images, photos, text and media data, plans, systems, schematics, models and designs are sourced from Invisia and are subject to exclusive right of use by Invisia. In any case, these associated intellectual property rights remain the intellectual property of Invisia.
If the customer opts to have goods shipped, it will be notified by email when the goods have been handed over to the freight forwarder for shipment. Invisia reserves the right to select the freight forwarder. Deliveries abroad can incur customs duties, taxes and fees that are not covered by the total price.
The risk transfers to the customer when the goods are handed over to the freight forwarder. Invisia insures the goods against damage in transit if the value of the goods exceeds the maximum liability limit of the freight forwarder. The insurance covers actual damage sustained during transport up to the value of the goods at the time of the order. In order to safeguard claims against the freight forwarder and/or the insurance company, the customer must inspect the goods to ensure that they are intact and complete on acceptance of the consignment. If the goods have sustained visible damage in transit or if there are inconsistencies in terms of quantity, the customer must give the freight forwarder an accurate and detailed reservation. Any damage sustained in transit or quantity differences not immediately evident must be reported to Invisia customer services (tel: + 41 52 770 07 24 or email: firstname.lastname@example.org) without delay, or within five days at the latest. In the event of a complaint, all parts of the original packaging must be kept. If the customer accepts the goods without reservation (in the case of visible damage sustained in transit or quantity differences), or if the five-day deadline expires (in the case of damage sustained in transit or quantity differences not immediately evident), the customer forfeits its claim against the freight forwarder and/or the insurance company.
The customer is obliged to accept the consignment. If a consignment proves impossible to deliver and if the goods are returned to Invisia by the freight forwarder, Invisia reserves the right to refuse to accept the subsequent fulfilment of the obligations of the customer without setting a subsequent deadline for the goods that were not accepted. Furthermore, Invisia is entitled to demand compensation for the non-performance of the contract.
If the customer opts to collect the goods from the premises of Invisia, it will be notified by email when the order is ready for collection. The risk transfers to the customer when it is notified that the goods are ready for collection. In order to collect the goods, the customer must present the collection notification and official photographic identification (identity card, driving licence, passport, etc.). The customer is obliged to collect the order from Invisia within 10 days of receipt of the collection notification. If the customer fails to collect the order within this deadline, Invisia reserves the right to refuse to accept the subsequent fulfilment of the obligations of the customer without setting a subsequent deadline for the goods that were not collected. Furthermore, Invisia is entitled to demand compensation for the non-performance of the contract.
4. Price and payment
All prices on Invisia’s website or in catalogues are in Swiss francs (CHF) and exclude VAT, the advance recycling fee and copyright levies. Shipping costs and any other additional costs (e.g. surcharges for a chosen payment method) are indicated separately and charged to the customer separately. Development, consultation, project planning, installation, assembly and other services provided by Invisia are net prices. The relevant statutory VAT is charged separately.
Payment can be made in advance, in cash or by card if the goods are to be collected by the customer, by PayPal, credit card or invoice. For purchases on account, the total amount must be transferred to the specified account within 30 days. For purchases with payment in advance, the invoice must be paid within 10 days. Otherwise, Invisia may cancel the order. Invisia may refuse to accept specific payment methods in general or from individual customers without provision of a reason. A down payment can be agreed with the customer for development, consultation, project planning, installation, assembly or other services to be provided by Invisia.
The agreed price plus delivery and any other additional costs are payable immediately. The customer is considered to be in default without a reminder on the first delivery or unsuccessful delivery attempt, on the first collection or on expiry of the 10-day collection deadline (see section 3.4) or on expiry of the payment period for payment by invoice (see section 4.2). Invisia is free to cease all further deliveries or services, either fully or in part, until all due payments have been made. Furthermore, on expiry of a subsequent deadline of at least 10 days, Invisia reserves the right to refuse to accept the subsequent fulfilment of some or all of the obligations of the customer, to recall some or all of any goods already delivered, and to demand compensation for the non-performance of the contract.
5. Retention of title
The goods remain the property of Invisia until all receivables arising from or in connection with the purchase or commissioned project have been paid in full. The customer authorises Invisia to make an entry to this effect in the title retention register at the expense of the customer.
6. Right of return
Invisia grants customers a voluntary right of return goods within 14 days of the initial delivery or collection of the goods. This right of return is subject to the condition that the goods are undamaged, have no signs of use, are complete (including all accessories and other packaging inserts) in their original packaging, and are returned with the delivery order and warranty certificate enclosed. The right of return does not encompass cases of misuse as determined at the discretion of Invisia. In all cases, goods are sent back at the expense and risk of the customer.
Invisia is entitled to refund the price in the form of a credit note and reserves the right to waive reimbursement of any other additional costs (e.g. the original shipping, transport or assembly costs).
7. Warranty and liability
Where the customer complies with its legal duty to inspect the goods and give notice of defects, Invisia provides a two-year warranty from the date of the initial commissioning for the features and contractually defined services and characteristics of the systems, provided that Invisia drafts the schematics, carries out programming, adjusts the systems and puts them into operation. Third-party companies approved by Invisia can be engaged for electrical installations without affecting the warranty, provided the work is carried out by licensed installation companies. If the functionality of the system is disrupted during the warranty period, Invisia will repair the problem free of charge, as long as it is informed of the fault during normal working hours; all other claims of the customer are excluded. In any case, the customer has a warranty claim only if the system solutions developed by Invisia were installed according to the specifications of Invisia, with no third-party intervention, and proper maintenance was ensured. Technical interference or defects caused by improper use, overloading, use for other purposes than intended, external influences (moisture damage, contact with liquids, impacts etc.) or failure to comply with Invisia’s use and maintenance instructions will invalidate the warranty claim of the customer. Furthermore, the warranty of Invisia becomes null and void if the terms of payment are not fulfilled.
Invisia provides a two-year guarantee from the date of delivery for deliveries of its own devices and components in new condition. The guarantee covers verifiable material and manufacturing defects. In the event of a claim, Invisia will either repair or replace the device; any and all other claims of the customer are excluded. Before handing the storage media over to Invisia, the customer must make back-up copies of data stored on computers, hard drives or other storage media, in the event of loss or damage (e.g. during repair work). Invisia cannot be held liable for data loss or damage. Technical interference or defects caused by improper use, overloading, use for other purposes than intended, external influences (moisture damage, contact with liquids, impacts etc.) or failure to comply with Invisia’s use and maintenance instructions will invalidate the guarantee claim of the customer. Failure to comply with the terms of payment will invalidate the guarantee. For third-party material, the terms and conditions of guarantee of the supplier apply.
For delivered components installed by the customer, Invisia is liable and will honour warranty claims only if a diligent inspection of the goods did not uncover defects, and the purchased products were used as intended. Furthermore, the assembly and installation specifications must be observed, the products may not be overloaded, overstressed or disassembled, and no unsuitable third-party components may be used. Installation must be carried out by a professional.
All information (product descriptions, images, videos, measurements, weights, technical specifications, accessories and other details) on Invisia’s website or in catalogues are subject to errors and do not represent warranted characteristics. The duty of the customer to inspect the goods and give notice of defects is determined by the statutory regulations. Warranty claims may not be assigned.
Where legally admissible, Invisia rejects all liability regardless of the grounds. In particular, Invisia accepts no liability for items supplied or development, consultation, project planning, installation, assembly or other services provided by third parties or partner companies of Invisia.
8. Software use
If the scope of the contract includes software, Invisia grants the customer a non-exclusive, non-transferable, project-specific licence to use the supplied software and its documentation. This licence is exclusively for private use by the customer on the named system and at the named location. The software may not be used on more than one system. Copies may be made only for the purposes of archiving and backing up. Use of the software is governed in a special licensing agreement between the customer and Invisia.
9. Data protection
Invisia processes the personal data of the customer in strict compliance with the provisions of the Swiss Federal Data Protection Act.
Invisia collects, stores, uses and processes the personal data of the customer exclusively in line with the special licensing agreement between the customer and Invisia, and the relevant data protection provisions of Invisia. These are available to download in PDF format on the website.
The customer must ensure compliance with all statutory regulations concerning the recording and/or processing of images, sounds and personal data, and shall indemnify Invisia against any infringements of those regulations.
10. Final provisions
If any provision of these GTC should be or become ineffective, unlawful or unenforceable, this shall have no effect on the effectiveness of the remaining provisions.
These GTC are subject exclusively to substantive Swiss law, excluding private international law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
Where legally admissible, the place of exclusive jurisdiction for disputes arising from or in connection with these GTC or from the legal relationship between the customer and Invisia, regardless of their legal nature, is Winterthur, Switzerland.
In the event of a conflict between this version of the GTC and the German version, the German version is authoritative.
Winterthur, September 2018