GTC
General terms and conditions
perfectyou AG
Kemptpark 4
8310 Kempthal
Switzerland
1. Validity
The general terms and conditions of perfectyou AG are an integral part of all offers, orders and order confirmations.
2. Offer
The offer of perfectyou AG includes an online store for the products of the perfectyou product line and any other products. The online store perfectyou.ch exclusively supplies customers in Switzerland.
3. perfectyou AG (Online Shop)
All deliveries by perfectyou AG are made exclusively on the basis of the following terms and conditions.
3.1 Prices
[1] Prices are shown in Swiss francs (CHF) and include the statutory value added tax. The prices stated on the Internet pages at the time of receipt of the order shall apply.
3.2 Postage
[2] Planzer package: CHF 8.10.
3.3 Method of payment
[3] Payment with the payment options and conditions offered in the store.
For private customers with the payment method “Purchase on account with installment facility (POWERPAY)”:
MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the single invoice you can easily pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.
When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. With purchase on account you accept in addition to our terms and conditions, the terms and conditions of POWERPAY. (powerpay.ch/en/agb).
For business customers (B2B) with the payment method “Purchase on account (A.B.S Factoring)”:
Under a factoring agreement, all receivables of perfectyou AG have been assigned to A.B.S. Factoring AG, Huobstrasse 3, CH-8808 Pfäffikon SZ. The invoice can therefore only be paid with discharging effect to the following accounts of A.B.S. Factoring AG: Beneficiary: A.B.S. Factoring AG, IBAN: CH26 0883 6300 0064 0200 6
Any objections to the invoices or notices of defects must be reported to us in writing within 10 days and A.B.S. Factoring AG must also be informed by means of a copy. By making the first payment to the specified account, the debtor acknowledges the validity of the assignment of perfectyou AG’s claims against the debtor.
3.4 Delivery
[4] The delivery is usually sent within 1 to 3 working days after receipt of order. In the event of a later shipment, the claim for damages shall not apply. If the shipment takes an unusually long time, the customer must give at least one reminder before he can withdraw from the contract.
3.5 Complaints
[5] The delivery cannot be exchanged or returned, except in the case of damaged goods.
3.6 Improvements and changes
[6] perfectyou AG reserves the right to make product changes that serve to improve quality from the customer’s point of view, even without prior notice.
4. General provisions
4.1 Quality
[7] perfectyou AG provides its services carefully and in accordance with the generally accepted (internal) quality standards.
[8] The customer (client) bears sole responsibility for the use and implementation of the products. Any claims for damages on the part of the commissioning organization, its members or third parties are expressly excluded to the extent permitted by law.
[9] Any errors or defects in the products caused by perfectyou AG intentionally or through gross negligence will be corrected by perfectyou AG at its own expense. This correction includes finally the correction of reports and statements and as far as necessary the holding of discussions. Any other claims for damages are expressly excluded.
[10] Liability for auxiliary persons within the meaning of Art. 101 of the Swiss Code of Obligations is excluded in full to the extent permitted by law.
4.2 Confidentiality and data protection
[11] perfectyou AG treats all company and personal data that it learns in connection with its activities or that it generates through its activities (e.g. test reports) with absolute confidentiality. It does not pass them on to unauthorized persons or external third parties. Exceptions are permitted if an organization or individual expressly authorizes perfectyou AG to do so. It is also permissible to mention customer names as a general reference.
[12] perfectyou AG shall treat personal data that is particularly worthy of protection (e.g. personality profiles) with the necessary care that at least complies with the provisions of the Swiss Federal Data Protection Act.
[13] If individual, personal reports on individual members of an organization are prepared as part of orders, perfectyou AG considers these individuals to be the only authorized recipients of this information, regardless of who placed or paid for the order.
[14] As a matter of principle, perfectyou AG shall only provide reports or information within the meaning of item [13] to the authorized persons. Reports or information to other persons, in particular also to other members of the organization and superiors, shall only be provided with the consent of the authorized person.
[15] A procedure that deviates from point [14] is permitted if a different procedure has been agreed upon in a manner that is reasonable and recognizable to all parties involved (e.g. in the context of suitability clarifications, assessments, employee surveys, etc.). If the employees concerned have been informed of the deviating procedure in advance and do not object, it is deemed to have been accepted.
[16] The protection of the client’s privacy is of utmost importance to perfectyou AG. It will of course comply with the statutory provisions on data protection. The principal has the option at any time to request information free of charge about the personal data stored about him (scope, purpose) or to request its deletion. This data will not be passed on to third parties without express permission.
4.3 Intellectual property
[17] perfectyou AG uses for the fulfillment of its business purposes generally available technical and methodical knowledge, knowledge taken over from other sources and knowledge developed and further developed by itself and adapted to the special customer conditions.
[18] If technical and methodological knowledge is taken from other sources, this is declared in the sense of a citation, or there is a corresponding agreement between perfectyou AG and the owner of the copyright.
[19] perfectyou AG claims copyright on all its documents.
[20] The use of perfectyou AG documents, whether for commercial or non-commercial purposes, is only permitted with the express consent of perfectyou AG or within the framework of a license agreement.
4.4 Applicable law and place of jurisdiction
[21] Swiss law is exclusively applicable.
[22] The exclusive place of jurisdiction is the registered office of perfectyou AG.
Issue from 14.02.2022
