GTC.
Our Terms and Conditions form the foundation between DQ Solutions and our valued customers.
Legally, the German GTC apply.
GTC Retail.
Private persons
1. Scope of application and validity.
All sales, deliveries and services provided by Data Quest AG, Moosmattstrasse 36, 8953 Dietikon, (hereinafter "DQ", "DQ Solutions", "we", "us", "our", etc.) to natural persons (hereinafter "consumer", "you", "customer", "you", etc.) are fully and exclusively subject to these General Terms and Conditions (GTC), unless they have been amended or supplemented by mutual written agreements.
You are considered a consumer when you obtain services from DQ (purchases and/or services) that are intended for your personal or family needs.
2. Offerings.
Our offers are limited in time, either according to the legal rules or according to the specific information in the offers themselves. Our offers are of a confidential nature and may only be made available for inspection to those persons who need to know our offers in order to fulfil their obligations. All product details, photos of products, technical specifications, details of accessories, etc. on the Internet or in advertising (brochures, catalogues, promotions, etc.) are provided without any guarantee. The specifications published at the time of purchase are decisive.
We reserve all property rights and copyrights exclusively to the work results produced by us, in particular to all proposals, offers, concepts and documents (as well as the respective designs) produced by us.
3. Delivery area.
Delivery is mainly made to addresses in Switzerland and the Principality of Liechtenstein, only in rare exceptional cases abroad, in each case at the expense and risk of the customer.
Unless otherwise agreed, DQ reserves the right to make partial deliveries. In the event of a partial delivery, the shipping costs will only be charged once and at the rate applicable to the entire order.
4. Prices and orders.
The prices quoted in our offers, price lists, brochures, catalogues, flyers, etc. are non-binding. The means of payment accepted by DQ are clearly and conclusively declared in the online shop and at the points of sale.
DQ may exclude individual means of payment in general or for individual customers without further justification. DQ reserves the right to obtain creditworthiness checks on the customer and may forward customer data to third parties for this purpose.
In the case of purchase on account with instalment facility, please see the provisions of point 6 below.
In the case of rental: In this case, the relevant GTC of DQ for "Smart Upgrade" or "iPad4Kids", which you can find on the DQ website, are exclusively binding. The designations may change in the course of time, whereby you will find the current GTC on the DQ website.
All prices include value added tax (VAT) and other statutory fees such as Suisa and the advanced recycling fee (VRG) in Swiss francs. Incidental costs such as installation, assembly, accessories, packaging, shipping, delivery, surcharges for certain means of payment and services will be invoiced separately by DQ. Technical changes, errors and misprints are reserved.
DQ has the right to change prices at any time. The price that is posted on site at the point of sale or published at www.dq-solutions.ch/de/home at the time of the order shall apply. Price changes made after receipt of payment will not be taken into account.
If an order is cancelled, you may be charged a flat rate of CHF 200 for our handling costs. There are products that are excluded from cancellation, return and exchange, in particular for those that have been specially manufactured or configured for you. For other products, cancellations are only permitted if no services whatsoever have been provided by DQ (or its third parties or manufacturers) (e.g. installations, configurations). The right of cancellation (return of the purchased item or withdrawal by the customer) is excluded. However, cf. clause 9 below (exchange of goods
When purchasing with debit and credit cards, the charge is made at the time of the order or at the time of the checkout payment at the point of sale. The data for payment via credit and debit cards are transmitted in encrypted form. When purchasing on prepayment, the desired goods are only handed over or the order is only triggered as soon as the corresponding payment has been received. If goods are in short supply, goods with the status "in stock" may not be available for immediate delivery until the order is triggered. If payment is not received by DQ within five (5) working days, DQ may cancel the order without further ado.
All delivered items remain the property of DQ until full payment of the purchase price (incl. all surcharges and outstanding claims). Pledging, transfer by way of security, processing or transformation is not permitted without the prior written consent of DQ. DQ is entitled to have the delivered goods entered in the retention of title register in accordance with Art. 715 of the Swiss Civil Code, whereby the customer is obliged to disclose the branch of the goods and other information required for the entry without delay.
5. Purchase via the Internet.
Orders are only accepted via the online shop at www.dq-solutions.ch/de/home and confirmed by e-mail without obligation. Orders placed by telephone or in writing will not be processed. If it is determined after order confirmation that an item is not available, the corresponding order may be cancelled by DQ.
DQ reserves the right not to accept orders. A purchase contract is only concluded upon confirmation of dispatch or readiness to collect the goods. If the goods are collected after a purchase via the online shop, the purchase price can also be paid at the points of sale.
The customer must register with an individual customer account or as a guest. Independently of placing an order, he/she must provide his/her user name (e-mail), his/her official first name and surname, the address of residence registered with the authorities, his/her date of birth and a valid telephone number.
DQ's online offer is aimed at customers over the age of 18 who are capable of acting and who reside in Switzerland or the Principality of Liechtenstein. The offers are subject to change and are not to be understood as binding offers.
6a. Purchase on invoice (PowerPay).
You can easily pay for your online purchase by invoice using partial payments. After payment of all subjects and outstanding debts, you become the owner of the purchased item. MF Group Billing AG, St. Gallen, offers the payment method "Payment by invoice" as an external payment service provider of DQ. In this case, DQ assigns the purchase price claims to MF Group Billing AG. Upon conclusion of the purchase contract and assignment of the purchase price claim by DQ, MF Group Billing AG takes over invoicing and collection. The prerequisite for such a purchase on account is that you accept the corresponding GTC of MF Group Billing AG in addition to these GTC of DQ (cf. "POWERPAY", cf. www. https://www.mfgroup.ch/de/agb), which has the consequence that you enter into an independent contractual relationship with MF Group Billing AG.
Please note that in particular in the case of partial and late payments, further fees may be incurred in accordance with the GTC of MF Group Billing AG. DQ has no influence on the contents of the GTC of MF Group Billing AG.
6b. Instalment purchase (HeyLight).
You can also organise your online purchase as an instalment purchase. After payment of all amounts due and outstanding receivables, you become the owner of the purchased item. HeyLight AG, 1207 Geneva, as an external payment service provider, offers financing for hire purchase. DQ assigns the purchase price claim to HeyLight AG. With the conclusion of the purchase contract and the assignment of the purchase price claim, HeyLight AG takes over the collection of the instalments and the debt collection. A prerequisite for such an instalment purchase is that, in addition to these GTC of DQ, you accept the corresponding GTC of HeyLight AG (available at info@heylight.com), which means that you enter into an independent contractual relationship with HeyLight AG.
7. Delivery conditions and inspection obligations.
Delivery is mainly made to addresses in Switzerland and the Principality of Liechtenstein, only in rare exceptional cases abroad, in each case at the expense and risk of the customer. The delivery charges and conditions of DQ agreed upon conclusion of the contract shall apply.
The Customer undertakes to check the goods immediately upon receipt for correctness, completeness and intactness. Defects in the goods must be reported to DQ in writing or at the point of sale as soon as possible, but no later than five (5) calendar days after receipt. In the event of complaints, all parts of the original packaging must be retained. These may only be disposed of with the written consent of DQ.
The delivery period stated by DQ is only a guideline and is not binding. If a delivery deadline cannot be met by DQ, the customer may withdraw from the purchase 30 calendar days after conclusion of the contract, but must notify DQ of this in writing (by registered letter) within the aforementioned period. Withdrawal is excluded for products that cannot be cancelled (see section 4 above).
DQ is entitled to make partial deliveries. If part of the ordered goods cannot be delivered, the customer has no right to cancel or withdraw from the entire order. The customer cannot assert any further claims.
In the case of a collection period, the customer must take delivery of the ordered goods within a maximum of ten (10) calendar days after notification at the designated collection point. The general opening hours of the designated collection point shall apply to the collection. If the goods are not accepted within the collection period, DQ has the right to withdraw from the purchase contract and to resell the reserved goods. In such cases, DQ may charge a flat-rate handling fee of CHF 200.
8. Failure of the customer to meet deadlines ("delay").
If an agreed date for deliveries or services by DQ (e.g. installations, implementations, training courses, etc.) is not attended by the Customer, cancelled at short notice or postponed (short notice means notifications that do not reach DQ at least 48 hours before the assignment), DQ is entitled to charge 50% of all costs of the assignment (in particular the time reserved for it, plus travel times and expenses). The reasons for missing, cancelling or postponing an appointment are irrelevant. Force majeure on the part of the client (which also includes illness, accident, etc.) is reserved and must be proven by the client.
9. Replacement.
There is no right to return goods. There will be no refund of the purchase price. However, DQ may grant an exchange of goods for individual items, provided that the following provisions are complied with.
The Customer may ask DQ within ten (10) calendar days after receipt of the goods (period begins on the day after receipt of the goods) whether they can be exchanged for goods of the same product category. The condition is that the goods in question are marked accordingly on the purchase receipt or invoice. The request must be made at the same point of sale where the goods were purchased and the proof of purchase or invoice must be presented. An exchange is excluded in any case, in particular if the original packaging is no longer present, the goods are damaged in any way, show soiling or signs of use, are not complete (e.g. charger, accessories, etc.), the original packaging has been opened and in the case of consumables (cf. also the detailed list in section 10 below). In the case of online purchases, the customer service must be contacted, but the same conditions for an exchange as described above (and set out in more detail in Clause 10) apply. Any exchange can only be made after a positive check by DQ staff. In addition, any exchange requires that the replacement goods are in stock. DQ may carry out an exchange at its own discretion and, for example, make a corresponding deduction from the purchase price (e.g. in the case of slight signs of use on the returned goods, damage to the packaging, etc.).
In particular, a return and exchange of the following goods is excluded from the outset (not exhaustive): Consumables, toner, accessories, headphones, software and all devices which DQ has specially ordered on behalf of the Customer, which are specially manufactured or configured for the Customer or for which DQ (or third parties and manufacturers involved by DQ) has provided services (e.g. installations).
DQ does not have to give reasons for accepting or rejecting an exchange. An exchange is made as a gesture of goodwill on the part of DQ. The customer has no legal claim to return or exchange. If an exchange is accepted, the customer shall bear the costs of the exchange such as delivery and installation costs. If the sales price has fallen by the time of return, the credit in the case of exchange shall be based on the new price offered by DQ. If the price has increased since the purchase, the purchase price valid at that time will be credited.
10. No return.
A return and replacement is excluded in particular in the following cases:
- Supplied accessories are missing (e.g. manuals, cables, CDs, etc.);
- Opened consumables (e.g. toner, printer cartridges, etc.);
- Opened hygiene products (e.g. headphones);
- Opened products that were sealed or welded (software, memory cards, voucher cards from iTunes or DQ, etc.). A removed or broken seal is considered opened in any case;
Software licences made available by link, e-mail or otherwise electronically (Electronic Software Distribution); - Return period has expired.
For the rest, cf. also the provisions of Clause 9 on exchange above.
11. Return shipments.
The return of the goods by post, expressly authorised by DQ in advance, is only permitted if the delivery note, purchase receipt, warranty certificate or invoice is enclosed and must be sent exclusively to Data Quest AG, Moosmattstrasse 36, 8953 Dietikon, at the expense and risk of the customer. Personal delivery to one of our sales outlets is also possible, but must be made upon presentation of the aforementioned receipts and documents.
In the following cases, the return costs will be borne by DQ (conclusive):
- Receipt of a different or non-ordered item (wrong delivery by DQ);
- Receipt of an item that is already defective at the time of delivery;
- Receipt of an incomplete item; and
- Incorrect item details in the online shop (incorrect description).
12. Wrong products.
Many products differ only slightly from each other, which is why, despite careful work, it can happen in rare cases that the wrong goods are delivered. Check carefully whether the goods were really delivered incorrectly. If this is the case, please contact us immediately (at a sales outlet or at Data Quest AG, Moosmattstrasse 36, 8953 Dietikon) and refrain from using the product.
An exchange as a result of incorrect delivery for which DQ is responsible will generally be made within 30 calendar days of receipt of the goods and positive examination of the return by DQ (cf. the requirements in sections 9 and 10, which must also be fulfilled). In this case, the transport costs shall be borne by DQ.
13. Privacy.
With regard to privacy, our privacy statement (DSE) on the website is authoritative. In particular, when creating a purchase contract at the point of sale or when registering as a guest, when creating an individual customer account and/or when using the website www.dq-solutions.ch without registering, you are deemed to have read and accepted the data protection statement. By registering on the website, a customer profile can be created. Purchasing data may be used in this process. The customer may request from DQ information about and, if necessary, the correction or deletion of his or her own personal data. In all other respects, the relevant data protection provisions apply, in particular the current Swiss Data Protection Act (DSG, SR 235.1), the associated ordinance (VDSG, SR 235.11) and the EU Data Protection Regulation, where applicable. Detailed information on privacy can be found in our Privacy Statement (DSE) under: "Privacy Policy".
14. Warranty.
14.1 Extent of warranty.
DQ grants the customer a warranty on the purchased new and used goods. In the event of a warranty claim (i.e. in the event of defects that occur or are already present after the product or goods have been handed over to the customer, but no longer than until the expiry of the warranty period granted by DQ), the customer shall be entitled to repair, replacement or conversion, depending on the respective manufacturer's provisions. The choice of the type of defect rectification lies with DQ or the respective manufacturer. If DQ decides to rescind the contract, the refund to the customer will be adjusted to the current value of the defective device. The possible commissioning of third parties for repairs is carried out exclusively by DQ. The claim to reimbursement of costs from third-party repairs is excluded in all cases.
The warranty shall be forfeited (i.e. shall expire completely) in particular in the following cases:
- For general wear and tear and consumable parts;
- Normal decrease in performance of batteries and lamps;
- Burn-in damage to displays;
- Damage caused by foreign objects, incorrect manipulation or mechanical damage, dropping,
- impact and moisture damage;
- Excessive stress or commercial use; Defects due to tampering or modifications;
- Leaking batteries, data loss, data corruption, software errors, computer viruses, etc.;
- The use of non-original spare parts;
- Unauthorised tampering, alterations, processing, interference and manipulation with the unit (e.g. opening, attempted repairs, etc.) as well as operating errors;
- Elementary events, frost, water, lightning etc.;
- non-observance of maintenance and operating instructions;
- All other warranty exclusions as contained in the manuals, warranty conditions, specifications, GTC or other documents of the respective manufacturer.
The customer's statutory warranty rights are excluded in full to the extent permitted by law.
14.2 Warranty period for new goods.
The warranty period for new devices is 24 months and be- gins at the time of delivery or collection for each product. If a repair or replacement delivery is made, the guarantee period is not extended. The invoice or receipt shall be deemed to be the warranty certificate and must be kept in a safe place. The guarantee period does not apply in particular to accessories, consumables and wearing materials, hygiene articles (e.g. headphones) etc.
14.3 Warranty period for second-hand goods and demo units.
The warranty period is shown on the invoice or receipt for each item. This is 6 to 12 months for second-hand and demo units and begins at the time of delivery or collection for each product. If a repair or replacement delivery is made, the warranty period shall not be extended. The invoice or receipt shall be deemed to be the warranty certificate and must be kept in a safe place. The guarantee period does not apply in particular to accessories, consumables and wearing materials, hygiene articles (e.g. headphones) etc.
14.4 Procedure in case of defects.
In the event of a defect that is not covered by the grounds for exclusion of the warranty in these GTC or those of the manufacturer, the customer shall contact the sales outlet listed at www.dq-solutions.ch or contact DQ's customer service. The customer must return or ship the defective product at his own expense and risk to the point of sale listed on www.dq-solutions.ch or to the place designated by the customer service. The products must be returned or shipped with all accessories in the original packaging and accompanied by the sales receipt/delivery note (see also the requirements in sections 9 and 10 above). If DQ determines that a returned product is not covered by the warranty (grounds for exclusion in particular in accordance with Clause 14.1 above or outside the warranty period), an estimate of the expected repair costs will generally be provided. This can be invoiced to the customer. If the customer decides in favour of a repair, the costs paid for the cost estimate will be deducted from the repair costs. If the customer does not respond to the cost estimate within 20 calendar days after the first contact by DQ (e.g. e-mail, SMS, telephone, post) or if the customer cannot be reached, DQ does not have to keep the product in stock and may dispose of it at cost without DQ being liable for damages. Returned products which, in particular, do not have a defect, are sent to an incorrect address, the return of which was not expressly ordered or approved by DQ and/or the packaging of which was defective or the accessories are missing (cf. in particular the requirements pursuant to Sections 9 and 10 above), may be returned to the Customer at the Customer's expense and risk. In all these cases, DQ is entitled to claim a flat-rate handling fee of CHF 200.
14.5 Extended warranties.
For extended warranties - if offered by DQ or the respective manufacturer - additional provisions apply, which DQ will be happy to provide you with on request.
14.6 Rental and loan equipment.
There is no entitlement to a free replacement or loan unit for the duration of any rectification of defects. However, we will be happy to provide you with a rental unit for a flat fee. For rental equipment that is not returned in the original delivery condition, we will charge the effective costs and expenses for restoration. This applies in particular to missing or defective packaging and accessories such as manuals, cables and CDs, as well as scratched, dirty cases.
15. Buyback.
After mutual agreement, a repurchase of equipment by DQ can take place. For this purpose, DQ provides a separate confirmation form which must be completed and signed by the customer. In advance, DQ will inform the customer of the purchase price at which the equipment can be bought back by DQ based on a professional estimate by another dealer. This purchase price will be credited to the customer when purchasing a new device. DQ shall only be bound to the stated purchase price for the duration of the discussion with the customer. The parties shall regulate the further details separately in writing.
16. Liability.
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded in their entirety against DQ and against DQ's vicarious agents, except in cases of intent or gross negligence. Liability for all direct and indirect damages and consequential damages are excluded to the extent permitted by law.
17. Final clauses.
These GTC may be amended at any time without notice to the customer. The current version of the GTC can be viewed on the DQ website.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
The transfer or assignment of this contract or of claims and rights arising from it by the customer is not permitted without the prior written consent of DQ. DQ is entitled without further ado to transfer this contract or to assign claims and rights arising from the contractual relationship to third parties (cf. in particular also Clause 6, Purchase on Invoice).
18. Applicable Law & Jurisdiction.
We shall endeavour at all times to resolve any differences with you amicably and by mutual agreement. Any disagreements and disputes arising from or in connection with these GTC shall be governed exclusively by Swiss law. The court at the domicile or registered office of one of the parties shall have jurisdiction for actions brought by the customer, and the court at the domicile of the defendant shall have jurisdiction for actions brought by DQ (Art. 32 para. 1 ZPO).
Version: March 2024
GTC Business.
Business customers (sole traders and legal entities)
1. Scope of application.
These General Terms and Conditions of Business and Education ("GTC B2B&E") regulate, in addition to the respective service description, order confirmation, offer and/or invoice of Data Quest AG ("DQ"), the framework conditions for the customer's purchase of products from DQ. The aforementioned documents form integral parts of the contractual relationship between the customer and DQ. Unless otherwise specified in the offer, all offers made by DQ are subject to change.
"Products" according to these GTC B2B&E are
a) Third-party hardware products that DQ sells to the customer and
b) standard software licenses of third parties which DQ procures for the customer.
In addition, DQ offers IT services to the customer, such as installations, implementations, consulting and support services, and training.
The GTC (General Terms and Conditions), GPC (General Terms and Conditions of Purchase) and other documents (guidelines, instructions, regulations, policies, orders, etc.) of the customer are not applicable.
2. Scope and content of deliveries.
The specific scope and content of DQ's delivery obligation is conclusively contained in the respective service descriptions, offer, order confirmation or invoice of DQ. In the event of discrepancies regarding the same subject matter between these GTC B2B&E and other documents of DQ, the provisions of these GTC B2B&E shall take precedence.
Details, data and information in specifications, technical documents, product or service descriptions, functional descriptions, etc. of the respective manufacturers of hardware and/or software are of an informative nature and are not binding on DQ. Guarantees or warranties exist only and insofar as DQ has expressly declared them as such and fixed them in writing.
By placing an order or using all or part of the Deliverables (whichever comes first), the Customer accepts the provisions of these GTC B2B&E and all other parts of the contract without limitation. The Customer acknowledges that the deliveries pursuant to Sections 3 and 4 below each relate to products of third parties and do not constitute DQ's own services. This does not apply to IT services, which DQ generally provides with its own staff.
3. Hardware sale.
DQ undertakes to transfer ownership of the hardware sold to the customer against payment of the agreed remuneration. Agreements between the parties on rental and leasing remain reserved.
The customer receives the documentation and documents supplied by the respective manufacturer (if necessary via a link announced by DQ) transferred for use in accordance with the contract. The customer accepts that he does not receive ownership of the pre-installed software (operating system, firmware, applications, etc.), but rather a right of use in accordance with the provisions of the respective manufacturer. Any installation or commissioning of the hardware shall be carried out by the customer himself (or by third parties commissioned by him).
The purchase contract for transactions pursuant to this Clause 3 is concluded between DQ and the Customer.
The relevant manufacturer's provisions shall apply on a subsidiary basis to questions which are not addressed in these GTC, in DQ's offer or in any other document of DQ and which, in this case, apply equally and exclusively to the purchase contract relationship between the customer and DQ.
4. Procurement of standard software licences.
DQ acts as a reseller of standard software licences from various manufacturers. It mediates the conclusion of the contract, which in this case is concluded directly between the customer and the relevant software manufacturer. The customer acknowledges that the respective software manufacturers are not subcontractors of DQ.
DQ only conveys the right to use the standard software in accordance with the specifications and provisions of the respective manufacturer, which are contained directly or indirectly in the relevant service description, the offer or the order confirmation. If the references to the respective manufacturer's provisions are missing, the customer must actively inquire with DQ.
The relevant manufacturer, licensing and data protection provisions must be read by the customer and complied with throughout the duration of use. These provisions contain, among other things, important information about, for example, the manufacturer's liability, restrictions on use, warranty period and scope, as well as provisions under data protection law. A transfer of ownership does not take place in the licensing of standard software. The customer shall ensure at his own expense that he is correctly licensed at all times.
Any installation or commissioning of the software shall be carried out by the customer himself (or by third parties commissioned by him) or by commissioning the DQ.
5. Maintenance and care.
The existence, scope and content of the maintenance of hardware and the maintenance of standard software shall be governed exclusively by the respective manufacturer's provisions. It is at the discretion of each manufacturer to determine in particular the life cycle of its products, to decide on the provision of spare parts and to provide further developments of the standard software, e.g. in the form of patches, updates, upgrades, releases or versions. The Customer accepts that DQ does not provide any independent maintenance, care and support services.
6. Obligations of the customer.
The Customer undertakes in particular (i) to be familiar with the respective manufacturer's provisions and to comply with them unconditionally, (ii) to comply with all applicable statutory provisions and regulatory requirements, (iii) to use the products for their intended purpose and in accordance with the contract, (iv) to refrain from all actions that could endanger or infringe the existence or content of the rights of DQ or third parties, (v) to accept the deliveries of DQ or the manufacturer, to check them immediately for quantity and quality and to report any defects in a timely and proper manner (in accordance with the requirements of the relevant manufacturer's provisions), (vi) to comply with the relevant import and export provisions. (vi) to observe the relevant import and export regulations of the respective manufacturer, (vii) to ensure regular data backups, (viii) to check and protect its data, information and content, information and content, (ix) to perform all acts of cooperation, preparation and support free of charge and without delay which are necessary for a smooth and contractual delivery for DQ, (x) to make all payments in due time and in full (irrespective of a possible default in performance or a disagreement).
7. Place of performance.
Unless otherwise agreed, the place of performance shall be at the registered office of the respective manufacturer.
8. Delivery dates.
All delivery dates for products are indicative and not binding. Partial deliveries are to be accepted by the customer. The performance dates for services shall be mutually agreed by the parties.
9. Deadlines not met by the customer.
If an agreed appointment for DQ services (e.g. installations, implementations, training etc.) is not attended by the customer, cancelled at short notice or postponed (short notice means notifications that do not reach DQ at least 48 hours before the assignment), DQ is entitled to charge 50% of all costs of this assignment (in particular the time reserved for it, plus travel times and expenses). The reasons for missing, cancelling or postponing an appointment are irrelevant. Force majeure on the part of the client remains reserved and must be proven by the client.
10. Force majeure.
If the agreed delivery becomes permanently or temporarily impossible or unreasonably difficult for DQ due to an event beyond DQ's control ("force majeure"), DQ shall be released from the obligation to deliver. In particular, events such as war, civil war, natural disasters, terrorist attacks, riots, revolutions, epidemics, pandemics, lockdowns, supply and market bottlenecks, shortages of raw materials or components, failure of supply systems (such as energy supply, transport links, internet or telephony) or official orders, even if they affect the respective manufacturers (or their suppliers) at home and abroad, shall be deemed to be force majeure.
11. Warranty.
The Customer is aware and accepts that all warranty rights with regard to the products are exclusively governed by the applicable manufacturer's provisions. DQ can - insofar as this is expressly agreed - support the Customer in the handling of its claims against the respective manufacturer against separate remuneration. Any warranty claims of the customer against DQ are excluded to the extent permitted by law.
12. Liability.
A party shall be liable for damage caused by it or by a third party involved by it arising from the contractual relationship if it does not prove that neither it nor the third party involved is at fault. Liability is unlimited in terms of amount for personal injury and damage caused intentionally or through gross negligence by a party (or its third parties).
The following applies to slight negligence on the part of DQ: DQ's liability for all direct and indirect damages arising from or in connection with the product transaction or the purchase or brokerage contract is completely excluded. The exclusion of liability includes in particular all damages, costs, expenses, fees and costs such as, for example, loss of use, loss of profit and turnover, unrealised savings, additional costs and additional expenses, restrictions or interruption of services or restrictions in the use of services or delivery objects, damage, restriction and disruption of applications, systems and infrastructures of the customer (or third parties), loss of and damage to data, business interruptions and all other direct damages.
13. Remuneration and invoicing.
The remuneration is in Swiss francs, excluding VAT.
The type and amount of the remuneration as well as the payment deadline are specified in the offer, order confirmation or invoice of DQ.
Deductions or retentions from invoice amounts or offsetting against the client's own claims are not permitted.
If the customer does not meet the agreed payment deadlines, he/she must pay interest on arrears of 8% p.a. from the first day of arrears, irrespective of any reminder.
The prices for the product business are set by the respective manufacturers. DQ can therefore not guarantee that the prices will remain unchanged (also not for prices already confirmed). Changes may occur in particular as a result of exchange rate fluctuations, governmental or official taxes, levies, fees, customs duties, shortages of raw materials, supply bottlenecks (also from third parties and subcontractors of the manufacturers), etc.. In such cases in particular, DQ is entitled to adjust prices and conditions to the changed conditions at any time.
14. Retention of title for hardware.
DQ remains the owner of the delivered hardware (incl. accessories) until the agreed payments have been credited to DQ in full. The customer hereby expressly and irrevocably authorises DQ to have the retention of title entered in the official registers in accordance with the relevant laws. The customer shall maintain the delivered items at its own expense for the duration of the retention of title and insure them in favour of DQ against theft, breakage, fire, water and other risks. Furthermore, the customer shall take all measures to ensure that DQ's title is not diminished or cancelled.
15. Secrecy and data protection.
The contractual partners undertake to maintain secrecy with regard to facts, information and data that are neither public knowledge nor generally accessible, irrespective of the form in which they are transmitted or made accessible. Information, data and content contained in or made accessible through the service descriptions, offers, order confirmations, invoices or other documents or records of DQ (in particular also the information, data and content of the respective manufacturers) constitute information to be kept secret in any case and regardless of its form.
Both parties guarantee to comply with the relevant data protection provisions, in particular the respective current Swiss Data Protection Act (SR 235.1), the ordinances to the Data Protection Act (VDSG, SR 235.11) and the EU Data Protection Regulation, insofar as they are subject to the scope of application of the EU Data Protection Regulation. The Customer shall inform DQ in good time of any additional or other specific data protection and data security requirements that DQ must comply with.
Detailed information on data protection can be found in our data protection declaration (DSE) at: https://www.dq-solutions.ch/en/interesting-to-know/privacy
16. Transfer of benefit and risk.
The benefit and risk of the products shall pass to the customer upon (partial) delivery, unless expressly agreed otherwise.
17. Acceptance.
Any provisions regarding the acceptance or approval of the products by the customer shall be governed exclusively by the provisions of the relevant manufacturer.
18. Default of acceptance.
If the Customer does not accept the duly offered delivery, DQ may, after setting a reasonable grace period, either:
- continue to adhere to the contract and demand the agreed remuneration for this, but definitely waive the further provision of deliveries, or
- withdraw from the relevant contract, demand the return of all delivered products and claim damages.
Furthermore, in both cases DQ may additionally demand liquidated damages. This amounts to 50% of the contract value of the relevant contract. DQ reserves the right to claim further damages upon corresponding proof.
19. Common provisions.
Amendments and supplements to these GTC B2B&E must be made in writing. This written requirement can only be waived in writing. This does not apply to documents and records which can be unilaterally adapted by DQ (or the relevant manufacturers) at any time, e.g. performance descriptions, specifications, functional descriptions, etc.
Should individual provisions of these GTC B2B&E or their appendices prove to be legally invalid or unenforceable, the invalid or unenforceable provisions shall be replaced by a valid or enforceable provision that comes as close as possible to the intention of the contracting parties existing at the time the respective provision was agreed. The validity of the remaining provisions shall remain unaffected.
Rights and obligations under these GTC B2B&E or its appendices may not be transferred or assigned by the Customer, in whole or in part, without the prior written consent of DQ.
These GTC B2B&E and the contractual components designated or referenced in Section 1 constitute all existing agreements. There are no ancillary agreements.
20. Applicable law and place of jurisdiction.
The contractual relationship shall be governed exclusively by Swiss law. The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) and the Conflict of Laws Act (IPRG) are not applicable.
For all questions and disagreements arising from or in connection with these GTC B2B&E, the ordinary courts at the registered office of DQ shall have exclusive jurisdiction.
Version: 2023
GTC Education.
State schools, institutes, universities of applied sciences and universities
1. Scope of application.
These General Terms and Conditions of Business and Education ("GTC B2B&E") regulate, in addition to the respective service description, order confirmation, offer and/or invoice of Data Quest AG ("DQ"), the framework conditions for the customer's purchase of products from DQ. The aforementioned documents form integral parts of the contractual relationship between the customer and DQ. Unless otherwise specified in the offer, all offers made by DQ are subject to change.
"Products" according to these GTC B2B&E are
a) Third-party hardware products that DQ sells to the customer and
b) standard software licenses of third parties which DQ procures for the customer.
In addition, DQ offers IT services to the customer, such as installations, implementations, consulting and support services, and training.
The GTC (General Terms and Conditions), GPC (General Terms and Conditions of Purchase) and other documents (guidelines, instructions, regulations, policies, orders, etc.) of the customer are not applicable.
2. Scope and content of deliveries.
The specific scope and content of DQ's delivery obligation is conclusively contained in the respective service descriptions, offer, order confirmation or invoice of DQ. In the event of discrepancies regarding the same subject matter between these GTC B2B&E and other documents of DQ, the provisions of these GTC B2B&E shall take precedence.
Details, data and information in specifications, technical documents, product or service descriptions, functional descriptions, etc. of the respective manufacturers of hardware and/or software are of an informative nature and are not binding on DQ. Guarantees or warranties exist only and insofar as DQ has expressly declared them as such and fixed them in writing.
By placing an order or using all or part of the Deliverables (whichever comes first), the Customer accepts the provisions of these GTC B2B&E and all other parts of the contract without limitation. The Customer acknowledges that the deliveries pursuant to Sections 3 and 4 below each relate to products of third parties and do not constitute DQ's own services. This does not apply to IT services, which DQ generally provides with its own staff.
3. Hardware sale.
DQ undertakes to transfer ownership of the hardware sold to the customer against payment of the agreed remuneration. Agreements between the parties on rental and leasing remain reserved.
The customer receives the documentation and documents supplied by the respective manufacturer (if necessary via a link announced by DQ) transferred for use in accordance with the contract. The customer accepts that he does not receive ownership of the pre-installed software (operating system, firmware, applications, etc.), but rather a right of use in accordance with the provisions of the respective manufacturer. Any installation or commissioning of the hardware shall be carried out by the customer himself (or by third parties commissioned by him).
The purchase contract for transactions pursuant to this Clause 3 is concluded between DQ and the Customer.
The relevant manufacturer's provisions shall apply on a subsidiary basis to questions which are not addressed in these GTC, in DQ's offer or in any other document of DQ and which, in this case, apply equally and exclusively to the purchase contract relationship between the customer and DQ.
4. Procurement of standard software licences.
DQ acts as a reseller of standard software licences from various manufacturers. It mediates the conclusion of the contract, which in this case is concluded directly between the customer and the relevant software manufacturer. The customer acknowledges that the respective software manufacturers are not subcontractors of DQ.
DQ only conveys the right to use the standard software in accordance with the specifications and provisions of the respective manufacturer, which are contained directly or indirectly in the relevant service description, the offer or the order confirmation. If the references to the respective manufacturer's provisions are missing, the customer must actively inquire with DQ.
The relevant manufacturer, licensing and data protection provisions must be read by the customer and complied with throughout the duration of use. These provisions contain, among other things, important information about, for example, the manufacturer's liability, restrictions on use, warranty period and scope, as well as provisions under data protection law. A transfer of ownership does not take place in the licensing of standard software. The customer shall ensure at his own expense that he is correctly licensed at all times.
Any installation or commissioning of the software shall be carried out by the customer himself (or by third parties commissioned by him) or by commissioning the DQ.
5. Maintenance and care.
The existence, scope and content of the maintenance of hardware and the maintenance of standard software shall be governed exclusively by the respective manufacturer's provisions. It is at the discretion of each manufacturer to determine in particular the life cycle of its products, to decide on the provision of spare parts and to provide further developments of the standard software, e.g. in the form of patches, updates, upgrades, releases or versions. The Customer accepts that DQ does not provide any independent maintenance, care and support services.
6. Obligations of the customer.
The Customer undertakes in particular (i) to be familiar with the respective manufacturer's provisions and to comply with them unconditionally, (ii) to comply with all applicable statutory provisions and regulatory requirements, (iii) to use the products for their intended purpose and in accordance with the contract, (iv) to refrain from all actions that could endanger or infringe the existence or content of the rights of DQ or third parties, (v) to accept the deliveries of DQ or the manufacturer, to check them immediately for quantity and quality and to report any defects in a timely and proper manner (in accordance with the requirements of the relevant manufacturer's provisions), (vi) to comply with the relevant import and export provisions. (vi) to observe the relevant import and export regulations of the respective manufacturer, (vii) to ensure regular data backups, (viii) to check and protect its data, information and content, information and content, (ix) to perform all acts of cooperation, preparation and support free of charge and without delay which are necessary for a smooth and contractual delivery for DQ, (x) to make all payments in due time and in full (irrespective of a possible default in performance or a disagreement).
7. Place of performance.
Unless otherwise agreed, the place of performance shall be at the registered office of the respective manufacturer.
8. Delivery dates.
All delivery dates for products are indicative and not binding. Partial deliveries are to be accepted by the customer. The performance dates for services shall be mutually agreed by the parties.
9. Deadlines not met by the customer.
If an agreed appointment for DQ services (e.g. installations, implementations, training etc.) is not attended by the customer, cancelled at short notice or postponed (short notice means notifications that do not reach DQ at least 48 hours before the assignment), DQ is entitled to charge 50% of all costs of this assignment (in particular the time reserved for it, plus travel times and expenses). The reasons for missing, cancelling or postponing an appointment are irrelevant. Force majeure on the part of the client remains reserved and must be proven by the client.
10. Force majeure.
If the agreed delivery becomes permanently or temporarily impossible or unreasonably difficult for DQ due to an event beyond DQ's control ("force majeure"), DQ shall be released from the obligation to deliver. In particular, events such as war, civil war, natural disasters, terrorist attacks, riots, revolutions, epidemics, pandemics, lockdowns, supply and market bottlenecks, shortages of raw materials or components, failure of supply systems (such as energy supply, transport links, internet or telephony) or official orders, even if they affect the respective manufacturers (or their suppliers) at home and abroad, shall be deemed to be force majeure.
11. Warranty.
The Customer is aware and accepts that all warranty rights with regard to the products are exclusively governed by the applicable manufacturer's provisions. DQ can - insofar as this is expressly agreed - support the Customer in the handling of its claims against the respective manufacturer against separate remuneration. Any warranty claims of the customer against DQ are excluded to the extent permitted by law.
12. Liability.
A party shall be liable for damage caused by it or by a third party involved by it arising from the contractual relationship if it does not prove that neither it nor the third party involved is at fault. Liability is unlimited in terms of amount for personal injury and damage caused intentionally or through gross negligence by a party (or its third parties).
The following applies to slight negligence on the part of DQ: DQ's liability for all direct and indirect damages arising from or in connection with the product transaction or the purchase or brokerage contract is completely excluded. The exclusion of liability includes in particular all damages, costs, expenses, fees and costs such as, for example, loss of use, loss of profit and turnover, unrealised savings, additional costs and additional expenses, restrictions or interruption of services or restrictions in the use of services or delivery objects, damage, restriction and disruption of applications, systems and infrastructures of the customer (or third parties), loss of and damage to data, business interruptions and all other direct damages.
13. Remuneration and invoicing.
The remuneration is in Swiss francs, excluding VAT.
The type and amount of the remuneration as well as the payment deadline are specified in the offer, order confirmation or invoice of DQ.
Deductions or retentions from invoice amounts or offsetting against the client's own claims are not permitted.
If the customer does not meet the agreed payment deadlines, he/she must pay interest on arrears of 8% p.a. from the first day of arrears, irrespective of any reminder.
The prices for the product business are set by the respective manufacturers. DQ can therefore not guarantee that the prices will remain unchanged (also not for prices already confirmed). Changes may occur in particular as a result of exchange rate fluctuations, governmental or official taxes, levies, fees, customs duties, shortages of raw materials, supply bottlenecks (also from third parties and subcontractors of the manufacturers), etc.. In such cases in particular, DQ is entitled to adjust prices and conditions to the changed conditions at any time.
14. Retention of title for hardware.
DQ remains the owner of the delivered hardware (incl. accessories) until the agreed payments have been credited to DQ in full. The customer hereby expressly and irrevocably authorises DQ to have the retention of title entered in the official registers in accordance with the relevant laws. The customer shall maintain the delivered items at its own expense for the duration of the retention of title and insure them in favour of DQ against theft, breakage, fire, water and other risks. Furthermore, the customer shall take all measures to ensure that DQ's title is not diminished or cancelled.
15. Secrecy and data protection.
The contractual partners undertake to maintain secrecy with regard to facts, information and data that are neither public knowledge nor generally accessible, irrespective of the form in which they are transmitted or made accessible. Information, data and content contained in or made accessible through the service descriptions, offers, order confirmations, invoices or other documents or records of DQ (in particular also the information, data and content of the respective manufacturers) constitute information to be kept secret in any case and regardless of its form.
Both parties guarantee to comply with the relevant data protection provisions, in particular the respective current Swiss Data Protection Act (SR 235.1), the ordinances to the Data Protection Act (VDSG, SR 235.11) and the EU Data Protection Regulation, insofar as they are subject to the scope of application of the EU Data Protection Regulation. The Customer shall inform DQ in good time of any additional or other specific data protection and data security requirements that DQ must comply with.
Detailed information on data protection can be found in our data protection declaration (DSE) at: https://www.dq-solutions.ch/en/interesting-to-know/privacy
16. Transfer of benefit and risk.
The benefit and risk of the products shall pass to the customer upon (partial) delivery, unless expressly agreed otherwise.
17. Acceptance.
Any provisions regarding the acceptance or approval of the products by the customer shall be governed exclusively by the provisions of the relevant manufacturer.
18. Default of acceptance.
If the Customer does not accept the duly offered delivery, DQ may, after setting a reasonable grace period, either:
- continue to adhere to the contract and demand the agreed remuneration for this, but definitely waive the further provision of deliveries, or
- withdraw from the relevant contract, demand the return of all delivered products and claim damages.
Furthermore, in both cases DQ may additionally demand liquidated damages. This amounts to 50% of the contract value of the relevant contract. DQ reserves the right to claim further damages upon corresponding proof.
19. Common provisions.
Amendments and supplements to these GTC B2B&E must be made in writing. This written requirement can only be waived in writing. This does not apply to documents and records which can be unilaterally adapted by DQ (or the relevant manufacturers) at any time, e.g. performance descriptions, specifications, functional descriptions, etc.
Should individual provisions of these GTC B2B&E or their appendices prove to be legally invalid or unenforceable, the invalid or unenforceable provisions shall be replaced by a valid or enforceable provision that comes as close as possible to the intention of the contracting parties existing at the time the respective provision was agreed. The validity of the remaining provisions shall remain unaffected.
Rights and obligations under these GTC B2B&E or its appendices may not be transferred or assigned by the Customer, in whole or in part, without the prior written consent of DQ.
These GTC B2B&E and the contractual components designated or referenced in Section 1 constitute all existing agreements. There are no ancillary agreements.
20. Applicable law and place of jurisdiction.
The contractual relationship shall be governed exclusively by Swiss law. The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) and the Conflict of Laws Act (IPRG) are not applicable.
For all questions and disagreements arising from or in connection with these GTC B2B&E, the ordinary courts at the registered office of DQ shall have exclusive jurisdiction.
Version: 2023
