General Terms and Conditions of aspirelounge.ch
- Scope of Application
1.1. These General Terms and Conditions shall be applicable to any and all orders which customers place through the web shop of Careport AG (Aspire Lounge), Flughofstrasse 55, 8152 Glattbrugg, Switzerland, CHE-116.317.377, hereinafter referred to as “Careport AG”.
1.2. By placing any orders with us, Customer shall be considered to accept the applicability of these General Terms and Conditions.
- Offer and Contract Conclusion
2.1 By clicking on the respective button (“Submit order”), Customer places a binding order with us relating to any and all products which are listed on the order page.
2.2 Immediately after Careport AG received any such order, they shall confirm its receipt by e-mail; in the case of non-physical goods, a purchase contract shall be considered to be immediately concluded, in the case of physical goods, such purchase contract is concluded upon delivery.
- Prices and Delivery Costs
3.1 The prices indicated on the product pages shall be considered to be inclusive of statutory value-added tax and other price components (such as postage, packaging) and those prices are indicated in Swiss francs (CHF). The exact amount of delivery costs will be shown to Customer during the order process.
3.2 Any additional tax and costs (with the exception of customs duties for deliveries to other countries) shall not apply.
3.3 The company reserves the right to make changes to the prices at any time. The prices which are valid at the day of the order shall be applicable to Customer’s orders.
- Delivery Conditions
4.1 Physical goods shall be delivered within both Switzerland and the European Union.
4.2 Unless otherwise indicated in the offer, the delivery period for deliveries to Switzerland or Liechtenstein amounts of 2 to 3 days; the delivery period for deliveries to countries of the European Union amounts to 5 to 10 business days. In the case where longer delivery periods are required, Customer shall be informed in this respect at the end of the delivery period at the latest. However, should Careport AG fail to notify Customer, the latter shall have the right to cancel the order.
4.3 If not all of the ordered goods are available, Careport AG shall have the right to make partial deliveries.
4.4 Should the delivery of the goods to Customer, for reasons within the control of Customer, fail although Careport AG tried to deliver them three times, Careport AG shall have the right to withdraw from the contract. Any payments which may have already been made in this respect shall be reimbursed without undue delay.
- Payment Conditions
5.1 Customer shall make any and all payments by credit card. The respective amount which they are obligated to pay shall be charged to their bank account at the time of order placement.
5.2 Any set-off by Customer against counterclaims which Careport AG does not recognise or which have not been established by a court shall be excluded.
5.3 Customer shall be entitled to exercise a right of retention only to the extent to which the respective claims are based on the same contractual relationship.
- Reservation of Ownership
Any goods shall remain the property of Careport AG until the price was paid in full. Prior to the transfer of ownership, any attachment, transfer by way of security, processing or modification without the approval of Careport AG shall not be admissible.
- Right of Revocation
7.1 Customers shall have the right to revoke their declaration of contract conclusion within a period of 14 days after they received the goods; such written revocation must be submitted to Careport AG by e-mail, fax or by letter. Compliance with this deadline shall depend on the time at which the written revocation was actually posted and reasons for such revocation need not be given. Such declaration of revocation must be sent to:
8058 Zürich Flughafen
+41 43 815 09 12
7.2 The exercise of a right of revocation shall result in the respective purchase contract to be converted to a contract rescission relationship on the basis of which any services or payments received under the respective purchase contract must be reimbursed. Customer shall be obligated to return to Careport AG any and all goods which they received within a period of 14 days after reception, including the original packaging; the costs in this respect shall be borne by Customer.
7.3 After having received the goods, the purchase price – to the extent to which this has already been paid – shall be reimbursed without undue delay. However, Careport AG reserves the right to deduct a certain amount of money from the purchase price to be reimbursed for any damage or excessive wear and tear of the goods. No such deduction applies if such loss in value can be attributed to handling of the goods which is required for determining the type, the quality and the fitness for the intended purpose. Careport AG shall have the right to refuse to make such reimbursements until they actually received the goods and/or until Customer submitted evidence showing that they posted the respective goods, whichever is earlier.
7.4 A right to revocation shall be excluded in the following cases:
- Individual company solutions which are clearly tailored to the personal requirements of Customer;
- Digital contents which are executed at the time of order placement and which are not delivered on any physical data storage devices; and
- Services which have already been completely rendered or in relation to which Careport AG has already started the provision.
- Warranty and Liability
8.1 Careport AG warrants to Customer that the delivered goods comply with the characteristics which the company had guaranteed, that they do not show any defects impacting on their value or their fitness for any intended purpose and that they correspond to the prescribed performance values and specifications. In addition, Careport AG reserves the right, in terms of rectification of defects or substitute deliveries, to rectify any existing defects or to subsequently deliver any goods free from defects.
8.2. Customer shall be obligated to check the delivered goods for defects as quickly as this is reasonable for them and to notify Careport AG of any defects.
8.3 Should any rectification of defects or subsequent deliveries fail, Customer shall have the right to withdraw from the purchase contract; however, this shall not be applicable to insignificant defects and Customer shall have no right to reduce the purchase price.
With respect to any products which were supplied on an on-line basis, Customer undertakes not to disclose any and all system access data which they were provided with as well as any passwords created for this purpose and they undertake to treat them with utmost care. Careport AG reserves the right, in the case where they notice that several individuals use a password which was created for single accesses only, to immediately revoke Customer’s authorisation to use the password and the system.
Both the contents and the structure of the products published by Careport AG and the entire offer on the internet are protected by copyrights. Customer shall be authorised to use articles and tools for themselves; however, the express approval by Careport AG shall be required for any completely or partially commercial distribution.
Careport AG excludes any liability for slightly negligent contract violations; the same shall apply to contract violations by auxiliary persons and sub-agents. Careport AG does not accept any liability for errors beyond their control and for which telecommunication service providers, the hosting providers or any other third-party service providers are responsible.
- Place of Jurisdiction and Applicable Law
This contractual relationship between Customer and Careport AG shall be subject to substantive Swiss law; the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 shall be expressly excluded in this respect. Any and all legal disputes resulting from this contractual relationship shall be brought before the ordinary courts of Zurich.
- Final Provisions
Should any provisions under these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. In this respect, any such invalid provisions shall be substituted by a regulation provided for on the basis of the law in this regard.