Terms
1. Scope
These General Terms and Conditions ("TERMS and Conditions") apply to the business unit of H. R. Zimmermann AG, (hereinafter referred to as "Company"). The company owns and operates the EXTRABEEF (extrabeef.ch) platform and provides products and services for a fee in connection with agricultural products and their preparations. In addition, the company offers consulting services. Furthermore, the company sells products in the above-mentioned area.
These General Terms and Conditions apply to the above-mentioned areas as well as the other services that the company provides directly and indirectly to the customer.
2. Conclusion of the contract
The conclusion of the contract is achieved by the acceptance by the customer of the offer of the company regarding the purchase of products or services.
The contract is also concluded if the customer uses the services offered by the company or obtains products from the company.
3. Prices
Subject to other offers, all prices are in Swiss Francs (CHF). All prices are exclusive of applicable VAT (VAT).
The prices are exclusive of any other applicable taxes.
The company reserves the right to change the prices at any time. The prices valid at the time of conclusion of the contract shall apply on the website www.chlopfi.ch or according to the company's separate price list. The prices valid at the time of conclusion of the contract apply to the customer.
4. Payment
The customer is obliged to pay the invoiced amount within 30 days from the invoice date. Unless he has already received the amount during the ordering process via credit card, PayPal, TWINT or other payment systems.
If the invoice is not settled within the aforementioned payment period, the customer will be warned. If the customer does not pay the invoice within the scheduled reminder period, he will automatically be in default. From the time of the delay, the customer owes default interest in the amount of 5%.
The company reserves the right to demand advance payment at any time without giving reasons.
Clearing of the invoiced amount with any claim of the customer against the company is not permitted.
In the event of a delay in payment, the company has the right to provide the services or delivery of the product.
5. Obligations of the company
5.1. Delivery / delivery date
Subject to an agreement to the contrary, the company fulfils its obligation by providing the agreed service. The service includes the services that are or were published online at the time of conclusion of the contract.
A large part of the company's services are provided on the farm. For all other services, the registered office of the company shall be deemed to be the place of performance, unless otherwise stated
5.2. Helpers
The parties have the express right to involve auxiliary persons in order to fulfil their contractual obligations. You must ensure that the assistant is brought in in compliance with all mandatory statutory provisions and any overall employment contracts.
6. Obligations of the customer
6.1. Exercise of rights of use
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure retention of his access data and passwords. The customer is responsible for the content of the collected data and information.
The customer is obliged to take all precautions necessary for the provision of the service by the company immediately before. The customer must make the arrangements at the agreed place at the agreed time and in the agreed measure. Depending on the circumstances, this includes providing appropriate information and documents to the company.
By accepting these General Terms and Conditions, the customer also confirms that he has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and complies with the rights of third parties, good manners and the law.
6.2. Obligations to cooperate
The customer is obliged to make all precautions necessary for the provision of the service by the company immediately. The customer must make the arrangements at the agreed place at the agreed time and in the agreed measure. Depending on the circumstances, this includes providing appropriate information and documentation to the company.
Furthermore, the customer is obliged to cooperate comprehensively and promptly. He has to hand over to the company any documents necessary in connection with the provision of the service without being requested, complete and in terms of content. The company goes that the information and documents provided are correct and complete and comply with the statutory obligations to cooperate and provide information. The company is only responsible for checking the correctness and regularity of the customer's information, documents and figures if this has been agreed in writing in advance.
6.3. Other obligations
The customer is fully responsible for the secure retention of his access data and passwords. The customer is responsible for the content of the collected data and information.
The company is entitled to control the conduct of the customers in connection with the use of the Internet platform. In particular, the company is entitled to check the legality of content recorded by the customer on the online platform at any time.
7. Resignation
7.1. Services
Both parties have the right to withdraw from the contract at any time. The resigning party shall pay the expenses already incurred by the other party in full. Withdrawal during untimes is not permitted. The customer will be charged for the costs incurred by the withdrawal. The exact amount will be communicated to the customer at the time of conclusion of the contract.
7.2. Products
An exchange of products is generally excluded.
8. Retention of title
Ownership of the products remains with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, in particular not sell, rent or pledge.
9. Warranty
The company strives to ensure the good availability of www.chlopfi.ch and takes reasonable precautions to protect www.chlopfi.ch from interference by third parties.
However, it cannot guarantee a unterbruchs- and trouble-free functioning of www.chlopfi.ch and the services offered, and also do not guarantee that the files are virus-free. The company does not guarantee the factual and content correctness, completeness and reliability or quality of the published or transmitted information and documents. It cannot also provide a guarantee for non- Spamming, malicious software, spyware, hackers or phishing attacks, etc. that interfere with the use of the service, damage the customer's infrastructure (e.B. end devices, PC) or otherwise damage it. The company cannot guarantee the factual and content correctness, completeness and reliability or quality of the information and processes provided, published or transmitted as well as the work result of the services. one any problem or defect must be reported to the company immediately.
The company guarantees that the product is free of defects in material and manufacture.
Any defect must be reported to the company immediately. It is up to the company to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the period of repair, the customer is not entitled to a replacement product. The warranty will begin to run again for the repaired item, and the original warranty period will continue for the remaining elements of the product.
10. Liability
Liability for any indirect damage and consequential damages is completely excluded.
Liability for direct damages is limited to the sum of the service, product or license purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
11. Amendments
All rights to the products, services and any trademarks are entitled to the company or it is entitled to use them by the owner.
Neither these GTC nor related individual agreements have the transfer of intellectual property rights as their content, unless this is explicitly mentioned.
In addition, any re-use, publication and making available of information, images, texts or other information that the customer receives in connection with these terms and conditions is prohibited, unless explicitly authorized by the Company.
If the customer uses content, texts or pictorial material in connection with the company, the customer has a right to protect, the customer must ensure that no intellectual property rights of third parties are infringed.
12. Data protection
The company may process and use the data recorded in the context of the conclusion of the contract in order to fulfil the obligations arising from the contract. The company takes the measures necessary to secure the data in accordance with the statutory provisions. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to this or third parties on the order of courts or authorities. If the customer has not the Company may use the data for marketing purposes and pass it on to your partners for advertising purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection provisions apply.
13. Changes
These General Terms and Conditions may be changed by the Company at any time.
The new version will take effect by publication on the company's website.
In principle, the version of the GTC, which is in force at the time of conclusion of the contract, applies to the customers. Unless the customer has agreed to a newer version of the GTC.
14. Priority
These Terms and Conditions precede all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these General Terms and Conditions precede these GTC.
15. Severability clause
Should any provision of this contract or an supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The Contracting Parties will replace the invalid provision with an effective provision that is as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.
16. Confidentiality
Both parties, as well as their auxiliaries, undertake to treat confidentially all information provided or appropriated in connection with the services. This obligation shall remain in place even after the termination of the contract.
17. Force majeure
If compliance with the time limit is made impossible by the company, its suppliers or third parties as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, pandemics, nuclear accidents or reactor damage, the company shall be exempt from the completion of the contract during the duration of the force majeure and a reasonable start-up period. If the force majeure lasts longer than 30 days, the company may withdraw from the contract. The company must reimburse the customer for the fee already paid in full.
Any further claims, in particular claims for damages as a result of screw major are excluded.
18. Applicable law / place of jurisdiction
These GtC are subject to Swiss law. Insofar as no mandatory statutory provisions are procedure shall have jurisdiction at the company's registered office. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.221.1) is explicitly excluded.