ECI Management Consulting GmbH General Terms & Conditions
These general terms & conditions (“terms”) apply to the all operations of ECI Management Consulting GmbH (hereinafter “company”). The company provides services in business consultancy, project management and information technology, and deals with all types of software, hardware and communication devices.
2. Conclusion of contract
For services in the area of consulting and information technology, the contract is concluded when the client accepts the company’s quotation. In the case of monthly subscriptions, the contact is concluded on the company’s confirmation. The contract is concluded in any case where the client uses services offered by the company and / or orders products through the online shop or purchases these directly.
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices exclude any applicable value-added tax (VAT) or other applicable taxes due and further exclude packaging and shipping. The company reserves the right to change prices at any time. The prices in effect on the website and per the company’s price list at the time the contract is concluded apply.
The company offers clients the following payment options: On account, credit card, PayPal, advance payment, cash down. The client is obligated to pay the invoice amount within 10 (ten) days from the invoice date. If the invoice is not paid within the above payment term, the client will receive a payment reminder. If the client fails to pay the invoice within the specified reminder period set, they will automatically be in default. When in default, default interest in the amount of 5% (five percent) applies. Invoices cannot be offset against any client claims against the company. In the case of high invoice totals, the company is entitled to request a down payment from the client. The company is entitled to refuse delivery or services due to payment default.
5. Obligations of the company
5.1. Delivery / delivery dates
Deliveries are made within 5 (five) business days from the time the order is received. If unable to deliver on time, the company will notify the client within 5 (five) business days from the time the order is received and communicate the new delivery date. Unless otherwise agreed, the place of fulfillment is the place of business of the company. The company fulfills by handing the ordered products to the agreed carrier. If a carrier is not agreed, the company is free to choose a carrier. The carrier selected must not result in an increase of shipping charges.
5.2. Provision of services
Unless otherwise agreed, the company fulfills its obligations by providing the agreed service. If no other provisions are agreed, the place of fulfillment shall be the place of business of the company.
The parties are explicitly permitted to use agents to fulfill their contractual obligations. They must ensure these agents are used in compliance with all compulsory legal obligations and any collective bargaining agreements.
6. Obligations of the client
The client is obligated to promptly take all necessary precautions required for the company to provide the service. The client must take the precautions at the agreed location, at the agreed time, and to the agreed extent. Depending on circumstances, this includes providing the company with suitable information and documents.
7. Non-solicitation agreement and prohibition from employment
Without the express written approval of the company, the client must not solicit or hire the company’s employees or agents, neither directly nor through third parties. The client is furthermore prohibited from directly or indirectly employing the company’s employees or agents following termination of the contractual relationship. This ban remains in effect for one year from the time the contractual relationship is terminated and is limited to the field of work of the respective employee or agent.
The client may exchange products within 10 (ten) days of receipt. The products must be unused and in their original packaging. The client is liable for the costs of returning and exchanging the product.
The legal warranty provisions apply. The company honors the aforementioned for a term of up to 24 (twenty-four) months.
Any defects must be reported to the company immediately. The company is free to decide whether the defective product will be repaired or replaced. If unable to repair or replace, the client is entitled to a discount or refund of the purchase price. Expenses of external repairs will not be reimbursed. The client is not entitled to a replacement product while the product is being repaired. The warranty term restarts for the repaired element; however, the original warranty term continues for the remaining elements of the product.
The company guarantees to carry out the agreed services in the quality customary in the industry.
All liability for indirect damages and damages caused by the defect is excluded. Liability for direct damages is limited to the contract amount. This limitation of liability does not apply to direct damages due to gross negligence or intent. The client is obligated to report any damages to the company immediately. Any liability for agents is excluded.
11. Intangible property rights
All rights in products, services and any brands remain with the company, which is licensed by the owner. Neither these terms nor related individual agreements include the transfer of any intellectual property rights unless explicitly stated. Furthermore, any subsequent use, publication and disclosure of information, images, texts or other the client receives in connection with these terms and conditions, is prohibited unless explicitly permitted by the company. If the client uses content, texts or images in connection with the company which are industrial property rights of third parties, the client must ensure the industrial property rights of third parties are not infringed.
The company may process and use data collected in line with the conclusion of the contract to fulfill its obligations under the contract. The company takes the necessary measures to protect the data as required by law. The client fully agrees to have its data stored and used by the company as contracted company, and is aware the company is obligated and entitled to disclose, by court or official order, the client’s information to these or third parties. Unless expressly prohibited by the client, the company may use the data for marketing purposes. The data necessary for performance of services may also be disclosed to assigned service partners or other third parties.
Apart from this, the data protection regulations apply.
The company may amend these general terms & conditions at any time.
The new version takes effect 30 (thirty) days after being published by the company on the website (https://www.eci-management-consulting.ch/agb/).
Clients are always bound to the terms in effect at the time the contract is concluded, unless the client has agreed to a newer version of the terms.
These terms override all prior provisions and contracts. Only the stipulations of individual contracts specifying the provisions of these terms override these terms.
15. Severability clause
In the event a provision of this contract or appendix to this contract is or becomes invalid, this does not affect the validity of the contract as a whole. The contracting parties will replace the invalid provision with a valid provision closest to the economic intent of the invalid provision. The same applies to any lacunae in the contract.
Both parties and their agents agree to keep all information provided or obtained in connection with the services confidential. These obligations remain in effect following termination of this contract.
17. Force majeure
In the event timely fulfillment by the company, its suppliers or third parties involved is hindered due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, war, unrest, civil war, revolution and uprising, terrorism, sabotage, strike, nuclear accidents or reactor damage, the company is released from fulfilling the relevant obligations for the time force majeure exists and a reasonable starting time after. If the force majeure event exceeds 30 (thirty) days, the company may withdraw from the contract. The company must refund any payments made by the client in full.
Any other claims, particularly damage claims for force majeure are excluded.
18. Applicable law / jurisdiction
These terms are subject to Swiss law. Except for overriding compulsory provision of the law, the competent court for the company’s place of business applies. The company is at liberty to file action with the competent court for the respondent’s domicile. The UN Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded. Provision of services related to business consultancy and information technology as well as selling software, hardware and communications devices of any type. The company may establish branches in Switzerland and abroad, participate in other domestic and international companies, acquire or merge with similar or related companies, as well as conduct any transactions and conclude contracts suitable to promote or directly or indirectly related to the objectives of the company. It may purchase, manage, encumber and sell any type of properties, intangible property rights and licenses.
This is a translation of the German general terms and conditions of ECI Management Consulting GmbH. In the event of conflicts, the German version prevails.