General Terms and Conditions

3D-EDU GmbH

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all services and products (hereinafter collectively referred to as “Services”) of 3D-EDU GmbH (hereinafter referred to as the “Service Provider”). The term “Customer” refers to any natural or legal person or partnership that has concluded a contract with the Service Provider.

1) Conditions

Prices:

The agreed purchase price (net price / store price) includes packaging and advance recycling fee (ARF) according to Swico. The product prices are exclusive of value added tax (VAT), as the webshop is aimed at companies and educational institutions (B2B). The total price includes value added tax (VAT). The prices published on the Internet / e-shop (3d-edu.ch/shop/) at the time of ordering are generally binding for both parties for 15 days from the date of order. Incorrect prices and/or product specifications due to mistakes, typing, transmission or other errors as well as price and/or model changes by the manufacturer(s) remain reserved. The prices published on the Internet only apply to online orders in the e-shop at 3d-edu.ch/shop/.

Service surcharges:

Outside normal working hours (Mon-Fri 08.00 – 17.30) the following surcharges apply for services (training courses/workshops):

– 30% surcharge Mon-Fri 17.30 – 22.00 / Sat 07.00 – 17.30

– 100% surcharge Mon-Fri 22.00 – 07.00 / Sat-Mon 17.30 – 07.00

Car expenses / travel time for on-site assignments:

Car expenses of CHF 1.50/km will be charged. Travel time is generally regarded as working time and will be charged at the appropriate rate.

Delivery:

Deliveries are made exclusively in Switzerland, Liechtenstein and Germany, ex central warehouse, ex distributors’ warehouses, ex manufacturers’ warehouses or ex warehouse 3D-EDU GmbH, Albulastrasse 24, 8048 Zurich. A shipping fee of CHF 15.00 will be charged for deliveries. The transfer of benefit and risk to the buyer takes place at the time of acceptance or dispatch of the object of purchase. In the case of technical equipment, the customer is responsible for a suitable installation site and the availability of the necessary electrical and any electronic connections.

Delivery dates:

The delivery dates published on the Internet / e-shop are based on the current state of information. Depending on the order situation and supply situation, the dates may change at short notice. Any missed deadlines do not entitle the customer to cancel the order or to assert claims for compensation.

Payment:

– Credit card (PayPal)

– Advance payment, when order is placed

– Invoice, 30 days net

Invoice:

In the case of delivery against invoice, the service provider requires the following information:

– Current registered (Swisscom) delivery and billing address (no P.O. Box address!)

– Telephone no. (private and business)

– E-mail address (private or business)

– Cell phone number can only be accepted for informational purposes

Delivery against invoice is only possible for existing customers, state educational institutions and companies approved by us.

2) Scope of application

The GTC apply to all services – whether for a fee or free of charge – provided by the Service Provider. The other contractual provisions, such as written individual agreements, service descriptions, service level agreements, etc., shall take precedence over the GTC in the event of contradictions. The current and binding version of the GTC shall be published on the Service Provider’s website. A written version can be obtained from the Service Provider.

3) Services provided by the service provider

The Service Provider shall provide its services in accordance with the Customer’s orders relating to an offer made by the Service Provider. By using the services offered, the Customer accepts the applicable prices and conditions. The Service Provider may engage third parties at any time to fulfill the contract.

Term and termination of maintenance / service contracts / licenses

Maintenance and service contracts are invoiced per calendar year in advance. The term of maintenance and service contracts or licenses is one calendar year. Unless otherwise agreed, the term shall not be extended consecutively and automatically by a further calendar year after the expiry of one year. The Service Provider may terminate the term subject to a notice period of 6 months.
The Service Provider may discontinue all services without notice or compensation and terminate the contract if you use the services in breach of the law or the contract, or if the systems/platforms operated by the Service Provider are impaired by your use of the services. In the event of termination during the minimum contract period, the service provider may charge the fees stipulated in the contract. You may terminate the relevant contract prematurely for good cause, in particular in the event of a persistent, material breach of contract by the service provider which has not been remedied despite a reasonable warning, or in the event of a permanent loss of availability (except in cases of force majeure).

4) Obligations of the customer

The customer is obliged to provide the service provider with their current data, such as name and address details, at all times and to notify the service provider of any changes without delay online, by email or in writing. The Service Provider may immediately deactivate all services that are used in a manner not expressly provided for in the contract without becoming liable to pay compensation. The customer must inform the service provider immediately of any unauthorized use or loss of their contract data. If you fail to comply with this notification obligation, you shall be liable for all damages and expenses incurred.

5) Prices

The current and binding prices are published on the Service Provider’s website or can be obtained directly from the Service Provider. Changes to prices and discounts for services of the Service Provider shall be communicated to the Customer in good time and are possible at any time and on any date. If the Customer is significantly affected by such a change, it shall be entitled to terminate the contract as of the date on which the new prices come into force. This right of termination expires when the new prices or discounts come into force. A change in tax or other relevant rates entitles the service provider to adjust its tariffs without prior notice. In this case, the customer has no right of termination.

6) Terms of payment, acceptance and default of payment

The Customer undertakes to pay the invoiced amount in accordance with the conditions specified in Clause 1 and/or by the due date specified on the invoice form at the latest. The amounts owed shall be debited to the Customer with the Service Provider’s invoice. The Service Provider shall be entitled to postpone invoicing in the case of small invoice amounts. Within the payment period, the Customer may raise objections to the invoice in writing, stating reasons. The invoice shall then be deemed to have been accepted without reservation. If the customer or the orderer refuses to accept the goods, the service provider shall be entitled to set a grace period of 10 days. If the grace period expires unused, the Service Provider shall have the following options: a) Deposit at the Customer’s expense and risk at the place where the goods are located, in addition to asserting the agreed purchase price plus damages for delay. b) Withdrawal from the contract against assertion of a contractual penalty of at least 30% of the purchase price; claims for compensation for any further damages shall also remain reserved. If the customer does not fulfill his payment obligation within the payment period, he shall be in default upon expiry of this period without further reminder and shall pay default interest of 9%. If invoices are not paid by the expiry of the payment deadline, the Service Provider shall also be entitled to charge a one-off collection fee of at least CHF 50, but no more than CHF 500 per order and CHF 30 per reminder. The balance of the purchase price or contractual penalty shall bear interest at a rate of at least 9% p.a. and at most the current account interest rate of the ZKB from the date of notification of the choice made. Further fees remain reserved. If payment is not made by the end of the payment period, the Service Provider shall be entitled to block or discontinue all services to the Customer without further notice.

7) Data protection

The service provider undertakes to process customer data carefully and to comply with the provisions of data protection law. The Service Provider shall use personal data to process and fulfill the services offered in accordance with the contract and the law, to maintain the customer relationship and to develop, design and submit service offers in line with requirements. A current list of the existing categories of personal data can be requested in writing from the service provider under the relevant keyword. The customer may prohibit the processing of their data for marketing purposes at any time. A corresponding notification can be sent in writing to the Service Provider’s address, stating the customer number. If the service provider provides a service together with third parties or via third parties – in Switzerland and abroad – the service provider may disclose data about the customer to these third parties insofar as this disclosure is necessary for the provision and processing of these services or for debt collection. It should be noted that the storage, processing and disclosure of personal data abroad may be subject to laws other than those applicable in Switzerland. As part of the processing of personal data that is necessary for the conclusion or execution of a contract, the service provider may exchange data with authorities and companies entrusted with debt collection or credit information or transfer data to them if the exchange or transfer is carried out to check creditworthiness or to assert claims.

8) Internet abuse

When using the services of the service provider, the customer is obliged to comply with these GTC, the other contractual provisions and the statutory provisions. In particular, the services may not be misused to commit criminal offenses.

9) Retention of title, notice of defects

Items delivered to the Customer shall remain the property of the Service Provider until the purchase price has been paid in full. The Customer shall grant the Service Provider the right to enter a retention of title in the retention of title register.

A complaint/notification of defects must be made in writing within 5 days. If this is acknowledged by the service provider, the customer shall be entitled to rectification of the defects or, if rectification is not possible, to delivery of faultless replacement goods.

In this case, the customer has the right to return the delivered goods within a period of 3 working days. The right of return shall commence upon receipt of the goods by the Customer. Before returning the goods, the customer must always request an authorization and/or returns number from the service provider’s internal sales department. The goods must be returned in their original packaging, including a copy of the delivery bill or invoice, undamaged, in working order and complete. The customer must clearly mark the return as a return and state the authorization and/or return number. The return shipment shall be at the customer’s expense and risk. If the above conditions are not met, the right of return shall lapse and the service provider shall charge a flat-rate processing fee of CHF 70. Items that were procured or manufactured at the customer’s request are generally excluded from the right of return. If the customer has returned the goods properly and on time, he will receive a credit note or a replacement delivery.

10) Warranty and liability of the service provider

The service provider undertakes to the customer to provide the services with due care in accordance with the contract, these GTC and the other contractual provisions.

The service provider grants a warranty for purchased items within the usual framework regulated by law.

The warranty consists of the obligation to replace those parts free of charge that have a manufacturing defect. In the case of repairs, the warranty only covers the repaired parts; travel or working time will be invoiced separately. The warranty period is 6 months, unless otherwise stated on the offer, the delivery bill or the invoice. Warranty services shall be performed at the service center of the service provider or directly at the manufacturer’s premises during normal working hours. Any travel/postage/transport expenses shall be invoiced separately. Warranty services are subject to compliance with the terms of payment. The customer is not entitled to withhold payments or to offset other claims on the basis of notified warranty claims. The service provider excludes any further warranty with regard to the correctness, completeness and up-to-dateness of the information made available within the legal framework and at the same time assigns to the customer all claims to which it is entitled against the manufacturer or supplier. Liability for financial loss and consequential loss, loss of profit or damage to recorded data is excluded to the extent permitted by law. Under no circumstances shall the Service Provider be liable for damages resulting directly or indirectly from the operation, use or any malfunctions or operational failure of the products. Liability for damage caused by negligence on the part of the Service Provider shall be limited to the equivalent value of the services paid for by you in the last twelve months, up to a maximum of CHF 20,000. Any further liability is, as far as legally permissible, excluded by the service provider. In particular, liability for indirect or consequential damages (loss of profit, unrealized savings, loss of use, etc.), loss of data and damages caused by downloads is excluded. You are responsible for taking reasonable precautions to protect your devices and personal networks from unauthorized access.
Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

11) Commencement, termination

These GTC also apply to contractual negotiations between the service provider and the customer.

The contract generally begins with the acceptance of the order for a product by the service provider. In the case of an order via the Internet, the contract begins when the Customer receives the corresponding contract confirmation from the Service Provider in writing or by e-mail. In any case, the contract begins when the product is received by the Customer. The Service Provider reserves the right to refuse orders placed by the Customer without giving reasons, to make the conclusion of the contract dependent on the provision of a security or to set an individual credit limit per Customer or to demand an advance payment. The parties reserve the right to terminate the contract without notice for good cause.

12) Amendment of the General Terms and Conditions and the other contractual provisions

The Service Provider reserves the right to amend the GTC and the other contractual provisions at any time. The Customer shall be notified of amendments to the GTC in an appropriate manner. If the Customer is significantly disadvantaged by the amendment to the GTC, the Customer shall be entitled to terminate the contract as of the entry into force of the amended GTC. The right of termination shall expire when the amendment comes into force.

13) Re-export

For most products (in particular data processing equipment and license programs), re-export is prohibited in accordance with an obligation entered into with the Import and Export Section of the Federal Department of Economic Affairs or is only permitted after obtaining a special export permit. This obligation is hereby expressly transferred to the customers of the service providers and must be transferred to the respective buyer in the event of any resale.

14) Other agreements

The customer waives his right of set-off with regard to all claims against the service provider. Our Terms and Conditions of Sale shall apply exclusively. We do not recognize any terms and conditions of the Customer that conflict with or deviate from our Terms and Conditions of Sale unless we have exclusively agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our Terms and Conditions of Sale. Collateral agreements, amendments and supplements to this contract, in particular to the GTC, namely this clause, must be made in writing in order to be valid. The provisions in Clause 12 of the GTC shall remain reserved. Verbal agreements shall only be binding if they are confirmed in writing by the Service Provider. The Customer may only transfer rights and obligations under this contract to third parties with the written consent of the Service Provider. The Service Provider may transfer the contract without the Customer’s consent.

15) Other provisions
Should any provision of this contract be or become invalid or unenforceable
, this shall not affect the validity of the remainder of the contract.
In such a case, the parties undertake to replace the invalid or
unenforceable provision with a valid
or enforceable provision that reflects the spirit and purpose of the provision to be replaced
as closely as possible.

16) Place of jurisdiction and applicable law

This contractual relationship shall be governed by substantive Swiss law to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980). The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Zurich, subject to any deviating mandatory places of jurisdiction under federal law.

GTC version 1.4 from 10.09.2018; last updated on 10.09.2018; valid from 10.09.2018 / 3D-EDU GmbH