These General Terms and Conditions (hereinafter referred to as GTC) apply to all services and products of the company flink think GmbH. Any natural or legal person who has concluded a contract with flink think GmbH is referred to as a Client. The respective current and binding version of the GTC shall be published on the website www.flinkthink.ch published.
The GTC shall apply even if no specific reference is made to them (e.g. in the case of verbal and telephone orders). Other contractual provisions, such as written individual agreements, take precedence over the GTC in the event of contradictions.
- Performance and liability of flink think GmbH
flink think GmbH undertakes towards the Client to provide the services with due care in accordance with the contract or verbal agreements. Within the legal limits, any contractual and non-contractual liability of flink think GmbH, its bodies, employees and auxiliary persons shall be excluded in full.
The current and binding prices are available directly from flink think GmbH. Customers shall be notified of price changes in good time and these shall be possible at any time and on any date. Should the Client be disadvantaged by such a change, he shall be entitled to terminate the contract as of the effective date of the new prices. This right of termination shall expire when the new prices come into force. Changes in tax and other relevant rates shall entitle flink think GmbH to adjust its rates without prior notice. In this case, the Client shall have no right of termination.
- Car expenses / travel time for on-site assignments
Within the canton BL / BS no car expenses are charged. Outside this region, 90 centimes per KM apply. Travel time is generally considered working time and will be charged at the appropriate rate.
- Delivery of objects
Items delivered to the Client shall remain the property of flink think GmbH until the purchase price has been paid in full. flink think GmbH shall choose the means of transport and mode of dispatch. If the Buyer requests otherwise, he shall bear the additional costs. A flat-rate travel charge shall be invoiced for personal delivery. Partial deliveries shall be permissible. Unavoidable events such as force majeure, strikes, etc. shall entitle flink think GmbH to postpone delivery and, if necessary, to withdraw from the contract.
- Guarantee of functionality and warranty services
When the goods or services are handed over, the functionality is usually checked together with the buyer and confirmed by the customer. Any defects shall be recorded directly and remedied by flink think GmbH as quickly as possible. No liability shall be assumed for services thereafter. Goods are covered by the usual manufacturer's warranty. If this warranty is handled by flink think GmbH, the client shall bear the additional costs incurred. With the transfer of the goods or services, the risk is transferred to the buyer.
- Terms of payment
The customer undertakes to pay the invoiced amount at the latest by the due date indicated on the invoice form. Within the payment deadline, the customer may raise objections to the invoice in writing and with reasons. Thereafter, the invoice shall be deemed accepted without reservation.
If the Client fails to meet 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 7%. flink think GmbH shall be entitled to charge at least CHF 20 per reminder. We reserve the right to charge further fees. If payment is not made even after the third reminder, flink think GmbH shall be entitled to discontinue all services to the Client without further notice.
The offsetting of counterclaims is excluded. In deviation from the usual payment by invoice, flink think GmbH reserves the right to deliver goods only against advance payment or cash on delivery. Advance payments shall not be subject to interest.
- Provision of services by third parties and their liability
flink think GmbH may involve third parties at any time for the performance of the contract. To this end, they may disclose data about the Client, insofar as this is necessary for the provision of services. flink think GmbH shall not be responsible for services provided by third parties, nor shall any liability be assumed.
- Amendment of the General Terms and Conditions and other contractual conditions
flink think GmbH reserves the right to amend the GTC and the other contractual conditions at any time. Changes shall be communicated to the Client in an appropriate manner. Should the Client be disadvantaged, he shall be entitled to terminate the contract on the date of the amendment. The right of termination expires with the entry into force of the change.
For Internet services, the conditions listed on the contract also apply.
- Applicable law and place of jurisdiction
This contract is subject to Swiss substantive law. All disputes in connection with this contract shall be decided exclusively by the ordinary courts at the registered office of flink think GmbH.
AGB Version: 1.1 from 13 September 2014; last updated on 13 September 2014; valid from 13 September 2014 / flink think GmbH