General Terms and Conditions (GTC) for Service, Sales, Purchase, and Support (SSPS).
1.1 Scope of Application
These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationships between WoopSkinz+Brascom GmbH (hereinafter referred to as "Customer") and its service providers, sales partners, and suppliers (hereinafter referred to as "Providers"). They apply to all agreements, offers, orders, transactions, and support services within the scope of services, sales, purchase, and support.
2. Subject Matter of the Contract
2.1 Service Conditions:
Providers shall provide the agreed-upon services to the Customer in accordance with specified requirements and conditions. The exact service descriptions and agreements shall be determined in separate contracts or order documents.
2.2 Sales Conditions:
Providers shall make the agreed-upon products or services available for sale to the Customer. The specific specifications and conditions shall be determined in separate contracts or orders.
2.3 Purchase Conditions:
The Customer shall purchase products or services from the Providers in accordance with agreed-upon specifications and conditions. The specific ordering conditions shall be determined in separate contracts or orders.
2.4 Support Conditions:
The Customer shall provide support services to the Providers to assist the Customer in using the acquired products or services. The specific support conditions shall be determined in separate contracts or support agreements.
3. Prices and Payment Conditions
3.1 Service Conditions:
The prices for the provided services shall be determined in separate contracts or service agreements. The Customer undertakes to comply with the agreed-upon payment conditions.
3.2 Sales and Purchase Conditions:
The prices for the offered products or services, as well as the payment conditions, shall be determined in separate contracts or price lists. The Customer undertakes to comply with the agreed-upon payment conditions.
3.3 Support Conditions:
The costs for the provided support services shall be determined in separate support agreements or contracts. The payment conditions for support shall also be specified in these agreements.
4. Delivery and Acceptance
4.1 Service Conditions:
The Provider shall be obliged to provide the agreed-upon services within the agreed-upon deadlines and in accordance with specified requirements. The Customer shall be obliged to promptly inspect and confirm the provided services in writing.
4.2 Sales and Purchase Conditions:
The Provider shall be obliged to deliver the ordered products or services within the agreed-upon delivery deadlines. The Customer shall be obliged to promptly inspect and confirm the delivered products or services in writing.
5. Support Services
The Provider undertakes to provide the Customer with the agreed-upon support services in accordance with the specified support conditions.
The Customer undertakes to provide all necessary information and access authorizations to enable the Provider to provide the support services adequately.
The Provider shall be liable for damages resulting from intent or gross negligence in accordance with statutory provisions.
In the case of slight negligence, the Provider shall only be liable for the violation of essential contractual obligations. In this case, liability is limited to the foreseeable, contract-typical damages.
The above limitations of liability shall not apply to damages arising from the violation of life, body, or health, as well as in cases of fraudulent concealment of defects or assumption of a guarantee for the quality of products or services.
The parties undertake to treat all confidential information received within the scope of service, sales, purchase, and support relationships as confidential and to use it only for the agreed-upon purpose.
8. Miscellaneous Provisions
Changes or additions to these service, sales, purchase, and support conditions require written form.
Should any provision of these service, sales, purchase, and support conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a provision that comes closest to the economic purpose of the invalid or unenforceable provision shall apply.
The laws of the Swiss Confederation shall apply. The place of jurisdiction for all disputes arising from or in connection with these service, sales, purchase, and support conditions shall be the registered office of WoopSkinz+Brascom GmbH.
9. Remuneration and Payment Conditions for Service Providers
The Client shall pay the Service Provider a remuneration for the services rendered in accordance with the agreed-upon price list or individual agreement.
The payment period shall be 60 days from the acceptance of the services, unless a separate contract with different payment conditions has been concluded in writing. Any simple invoicing with its own payment terms, verbal agreements, or email agreements shall be void and not recognized.
The Service Provider shall issue an invoice for the services rendered to the Client. The invoice must be settled within the payment period.
In case of payment default, the Service Provider is entitled to demand default interest at the legally permissible rate. Furthermore, the Service Provider is entitled to claim reminder fees and any collection costs incurred.
10. Acceptance of Services
The Client shall be obliged to promptly inspect and confirm the services rendered after completion in writing. Acceptance shall be deemed to have taken place if the Client does not raise a written complaint within 14 days after completion of the services.
In the case of justified complaints, the Service Provider has the right to remedy the defects at their own expense within a reasonable period.
11. Intellectual Property
The Service Provider grants the Client a non-exclusive, non-transferable, and limited-term right to use the results created within the framework of the services.
12. Final Provisions
Changes or additions to these GTC require written form.
Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The laws of the Swiss Confederation shall apply. The place of jurisdiction for all disputes arising from or in connection with these GTC shall be the registered office of WoopSkinz+Brascom GmbH.
These GTC shall come into effect upon acceptance by the Provider or the Customer and shall apply for the duration of the cooperation within the framework of service, sales, purchase, and support relationships between the parties.
Last update: 20.05.2023 - For older version contact the Compliance Department.