General Terms and Conditions (GTC)

  1. General
    1.1 These general terms and conditions (GTC) regulate the relationship between Kursiv GmbH, hereinafter referred to as Kursiv, and its customers, hereinafter referred to as customer.
    1.2 These terms and conditions apply to all services and deliveries of goods from Kursiv to the customer and are also tacitly accepted by the customer when placing an order or placing an order.
    1.3 Counter-confirmations by the customer about his business or purchasing conditions are hereby rejected. Deviations from these terms and conditions must be in writing.
    1.4 Italic and customer pay attention to fair business conduct.
  2. Offer and subject of the contract
    2.1 The offers from Kursiv are non-binding with regard to prices, quantities, delivery times, delivery options and ancillary services. Technical changes are expressly reserved.
  3. Pricing
    3.1 Upon receipt of the order, the currently valid prices from italics apply.
    3.2 Orders are billed in Swiss Francs.
    3.3 Price changes, especially due to exchange rate fluctuations, are possible at any time without prior notice.
    3.4 Dealers registered with italics are entitled to purchase software products against dealer conditions. For the dealer status, we need a certified copy of an extract from the commercial register, from which the activity as a specialist dealer for the software or hardware area is clearly evident.
    3.5 All prices are exclusive of value-added tax.
  4. Orders
    Products can be ordered through our website. Services are agreed upon individually.
  5. delivery terms
    5.1 The prices are valid from the Kursiv location.
    5.2 Packaging and transport costs, insurance, possibly Installation, training and application support are billed separately and are in no way included in the purchase price of the product.
    5.3 A product is deemed to have been delivered when Kursiv has handed the product over to the customer, has delivered it by email or electronic media (e.g. Kursiv website, WeTransfer, Dropbox, Box.com or similar, or the posting has been made by post or courier service.
  6. Guarantee services
    6.1 The risk for a shipment is transferred to the customer as soon as the goods leave Kursiv.
    6.2 Kursiv guarantees that it delivers the products in functional condition (information specified by the manufacturer). In addition, Kursiv does not assume any further guarantees, such as functionality within a system or a specific application.
    6.3 Kursiv offers the customer the same agreed terms and guarantees that it receives from its suppliers and which are mandatory under Swiss law. Additional guarantee services, especially those that are not offered by the manufacturer, must be regulated separately in writing together with italics.
    6.4 Complaints about the goods or services of Kursiv must be communicated in writing immediately but no later than eight days after receipt, otherwise the delivery is considered approved.
    6.5 A return of ordered and delivered goods is only possible after prior agreement with italics. A return does not automatically entitle you to withdraw from the contract. Exceptions and procedures are set out in Section 7 “Redemption Conditions”.
    6.6 Garantieleistungen können nur bei sachgemässer Behandlung der Ware erbracht werden. Damage caused by external influences and by unauthorized interference is excluded.
    6.7 Warranty services not covered by the manufacturers will be invoiced to the partner.
    6.8 Kursiv must be given sufficient time for warranty work. Suggestions by Kursiv for testing the delivery or its functionality shall be carried out by and at the expense of the customer, unless direct warranty claims apply, otherwise any claims by the customer shall be void.
  7. Return Policy
    7.1 The customer must check the goods himself and report any delivery errors in writing to Kursiv within the period specified in Section 6.4.
    7.2 Returns can only take place after prior consultation with Kursiv. Returns without prior consultation are not entitled to any compensation, nor does it invalidate the contract.
    7.3 Taking back software products: Software products must not be downloaded.
    7.4 The following deliveries will not be taken back:
    – Activated licenses
    – Downloaded software solutions, provided they are supplied without activation codes.
    – Serialized software products
    – Procurement products (products which Kursiv does not purchase from the manufacturer, but from other distributors and therefore do not belong to the core products of Kursiv)
    – Damaged products
    – Devices put into operation
    – Software developments commissioned and supplied by the customer.
    7.5 Kursiv is entitled to charge the customer a reasonable processing fee when taking back goods. The minimum processing fee is CHF 50.–. The amount of the actual effort is determined solely by Kursiv.
  8. Payment terms
    8.1 The terms of payment are always listed on order confirmations and invoices. The information on the invoice is valid.
    8.2.1 Deliveries of goods
    Deliveries of goods are payable in advance, credit card, check or cash upon delivery. Orders from the website must be paid for online using one of the specified payment methods. It is only delivered after payment. This also applies to resellers. Resellers have their own purchasing conditions in their account on the Kursiv websites.
    8.2.2 Services
    Kursiv services such as workshops, training courses, conferences, design orders, software developments and the like can be delivered against an invoice. For events and other projects, Kursiv can demand that the invoice be paid in advance, otherwise there is no entitlement to the service. In the case of larger projects or if more than a month passes between the placing of the order and the completion of the project, Kursiv is entitled to demand payments on account for work already performed.
    8.3 Kursiv shall be entitled to charge reminder fees and default interest in the event of default in payment. The reminder fee amounts to a minimum of CHF 100.
    8.4 Kursiv is entitled to forego further deliveries if the customer is in default of payment.
  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 usage rights
    10.1 The copyright to all works created by Kursiv (concepts, training documents, creative ideas, software developments, data models, photos, etc.) remains with Kursiv.
    10.2 The customer is entitled to use the works created by Kursiv as part of the order or service. This must always be in writing.
    10.3 Unless expressly agreed otherwise, use by the customer refers to the first use. An endless right of use is not automatically granted.
    10.4 Any recycling of concepts, ideas, templates, photos or other works other than for the first use requires the written approval of Kursiv. Further use is always subject to a license. Deviations from this regulation must be made in writing.
  11. Final provisions
    11.1 Swiss law applies. The place of jurisdiction is St. Gallen. Kursiv can also refer to the place of jurisdiction at the customer’s place of residence and / or place of business.

 

Version 04/17/2020