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Success Story TopPharm TopPharm offers industry partners a secure KPIaaS platform for accessing sales data, based on Qlik & iVIEW and hosted in the Swiss BI Cloud.
Success Story FRED Financial Data AG FRED Financial Data AG ensures data quality for asset managers and optimizes processes through migration to Qlik Sense.
General Terms and Conditions Online-Shop 1. SCOPE AND APPLICATION 1.1 Informatec Ltd.liab.Co., Freidorf 151, 4132 Muttenz, hereinafter referred to as "Informatec", offers a wide range of products and individual services as a specialist dealer and reseller in the IT sector.1.2 These "General Terms and Conditions", hereinafter referred to as "GTC", govern the rights and obligations of Informatec in its relationship with its customers. They shall apply to all business relations between the Informatec Online Shop and customers, in particular to the delivery of products and the provision of services, unless otherwise agreed in writing.1.3 Customer's terms and conditions shall only apply if and to the extent that they have been expressly accepted by Informatec in writing and are not inconsistent with Informatec's GTC.1.4 All subsidiary agreements, amendments, supplements and legally relevant declarations must be made in writing in order to be valid. All correspondence (oral and written) shall be conducted exclusively in the German language.1.5 Should individual provisions be or become ineffective or invalid, the validity and effectiveness of the remaining provisions shall remain unaffected. In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the intended purpose of the provision is achieved as far as possible. 1.6 Informatec reserves the right to amend the GTC from time to time. The business relationship shall be governed by the version valid at the time of conclusion of the contract, i.e. upon confirmation of the customer's order by Informatec through delivery of the products.1.7 "Products" are software licenses offered and distributed by Informatec as well as training cards offered via Informatec's web shop. At the same time, Informatec also offers data intelligence services. 2. ORDER, DELIVERY, DELIVERY OF PRODUCTS 2.1 Orders can be placed electronically in the webshop or by e-mail.2.2 The offer in the webshop is subject to confirmation. Informatec does not issue order confirmations, but only confirms the receipt of the customer's order. The relevant content of the contract and its scope shall result from the actual delivery by Informatec, even in the event of an advance payment by the customer, which may also result from the direct debit of an amount by Informatec via the credit card account provided by the customer or e.g. PayPal. In particular, the availability or availability of the products by our suppliers and/or manufacturers remains reserved. The publication of specifications, scope of delivery etc. takes place in the web shop without guarantee. In this regard, the current specification and the current scope of delivery of the manufacturer of the products at the time of delivery of the products to Informatec is decisive.2.3 The delivery dates stated by Informatec are to be regarded only as approximate values, unless expressly stated otherwise in writing. Delivery dates are given to the best of Informatec's knowledge but without guarantee. This applies in particular to delays in delivery, e.g. due to delivery problems of the manufacturer. Should a delivery be delayed beyond a delivery date guaranteed in writing by Informatec, the customer may, after expiry of an additional period of at least three weeks to be set by him in writing, put Informatec in default and, after the unused expiry of a reasonable further period of grace, subsequently withdraw from the relevant order. Further claims are excluded in this case.2.4 Informatec shall be entitled at any time to cancel or not execute confirmed orders, in particular in connection with our suppliers' unwillingness to deliver. In particular, the customer acknowledges that the relevant sales prices for products may change frequently due to the nature of the business, i.e. e.g. price increases may occur in the period between the customer's order and delivery by Informatec, which entitles the customer to refuse delivery of those products whose price has increased. In such cases, the customer is entitled to a refund of any payment made (even if the purchase price has been debited from the credit card account provided by the customer) for the non-delivered products; further claims are excluded.2.5 Changes or cancellations of orders requested by the customer require prior written confirmation from Informatec. Costs already incurred by Informatec Ltd.liab.Co. may be charged to the customer.2.6 Informatec is entitled to make partial deliveries and the customer accepts partial deliveries.2.7 All technical data and information on the scope of delivery in the web shop are manufacturer information. Informatec is not liable for any damages that may result from deviations in this regard. 3. TRANSFER OF USE AND RISK 3.1 The risk is transferred to the customer when the products are handed over to the carrier. 4. RETURN POLICY 4.1 Informatec has no right of return, in particular for products that are available as downloads.4.2 In principle, there is no right of return vis-à-vis Informatec. This includes, in particular, products which the customer has ordered due to incorrect assumptions or by mistake. 5. PRICES 5.1 The prices of Informatec's products and services are net prices in Swiss francs (CHF) or Euro (EUR). Additional costs such as costs for packaging and dispatch/delivery (freight/transport) are not included in the prices; freight costs are invoiced in a separate item depending on the method of payment.5.2 The prices of the products as well as the ancillary costs shall generally be calculated on the basis of the relevant prices at the time of delivery. The customer acknowledges Informatec's right to make such changes until delivery of the products. In the event of price increases between order and delivery, the customer shall be entitled to cancel the order for the products concerned (Clause 2.4) 6. TERMS OF PAYMENT 6.1 If the customer defaults on payment, Informatec shall be entitled, without further warning, to suspend all further deliveries to the customer in whole or in part until its claims have been settled or secured. All consequences resulting from such suspension of delivery shall be borne exclusively by the Customer.6.2 If the customer subsequently fails to settle the claims or fails to ensure their fulfilment within a grace period set by Informatec, Informatec shall be entitled to claim damages. Informatec shall also be entitled to proceed in accordance with the general legal provisions of the Swiss Code of Obligations. 7. OFFSETTING / RIGHT OF RETENTION 7.1 The customer shall not be entitled to set off any counterclaims against Informatec's claims.7.2 Any right of retention or retention on the part of the customer shall be excluded in its entirety. 8. RETENTION OF TITLE 8.1 The products delivered by Informatec shall remain the property of Informatec until Informatec has received the purchase price in full and in accordance with the contract. Informatec is entitled to enter the retention of title pursuant to Art. 715 ZGB in the retention of title register at the customer's registered office until such time. Upon request, the customer undertakes to immediately give Informatec its written consent to the entry of a retention of title in all points essential for the entry (cf. Art. 4 Para. 4 of the Federal Supreme Court Ordinance).8.2 As long as the purchase price has not been paid in full, the customer is obliged to maintain the products delivered by Informatec in good condition, to handle them carefully and to insure them against all usual risks. 9. Informatec - SERVICES / SUPPORT 9.1 Support services are not included in the product price. 10. WARRANTY 10.1 The responsibility for the selection, configuration, use and application of products and the results achieved with them lies with the customer or the purchaser of the products, i.e. the end customer. The Customer acknowledges that Informatec does not carry out any incoming inspections of the Products supplied by manufacturers or suppliers. If the delivery is incomplete, Informatec will deliver as soon as possible. A complaint about the delivery for any reason shall not release the Customer from paying Informatec's invoice within the agreed payment period. If, in exceptional circumstances, e.g. on the basis of a specific agreement with Informatec, the customer is entitled to a right of return from Informatec, the customer shall only be entitled to a refund of the purchase price if the products have arrived at Informatec in their original packaging and in a resalable condition.10.2 Informatec shall not be liable for the products delivered by it. The customer shall only be entitled to a possible manufacturer's factory warranty, which must be claimed directly from the manufacturer or the body designated by the manufacturer. The customer may also require Informatec to assign any warranty claims it may have against third parties, whereby such claims shall be asserted by the customer at his own expense and risk. Further claims of the customer against Informatec are excluded.10.3 The customer acknowledges that due to the applicable warranty provisions of the manufacturer, the warranty is generally limited to repair or replacement of the defective/defective products at the discretion of the respective manufacturer/supplier and, moreover, only applies if the products remain in Switzerland and no repair attempts have been made by third parties. 11. LIABILITY 11.1 Informatec shall only be liable for direct damage and only if the customer proves that this was caused by gross negligence or intent on the part of Informatec, its auxiliary persons or third parties commissioned by Informatec. Liability shall be limited to the price of the respective delivery/service.11.2 Any further liability of Informatec, its auxiliary persons and third parties commissioned by Informatec for damages of any kind is excluded. In particular, the customer shall under no circumstances be entitled to compensation for damage not caused to the product itself, such as loss of production, loss of use or data, loss of orders, loss of profit or other indirect or consequential damage.11.3 Informatec undertakes to assign to the customer any liability claims recognised by the manufacturer/supplier. 12. PATENTS AND OTHER INDUSTRIAL PROPERTY RIGHTS If a third party should assert or assert claims against the customer or its end customer due to infringement of a patent, copyright or other industrial property right by delivered products or products from their operation, the customer shall notify Informatec in writing and without delay of such infringement notices or the asserted claims. Informatec shall immediately forward this information to the supplier or manufacturer and request the latter to settle the situation. The Customer waives any claims against Informatec in this connection. 13. RE-EXPORTATION The products distributed by Informatec are subject to Swiss export regulations. Before re-exporting the products, the customer undertakes to apply for a special export permit from the competent authority, currently the Import and Export Section of the Federal Department of Economic Affairs. This obligation is to be transferred to the respective purchaser upon sale or other transfer of the products with the obligation to transfer on. 14. SOFTWARE PROGRAMS 14.1 The Terms of Use for the software products, programs, manuals and other documents supplied by Informatec are governed by the specific terms and conditions of the respective software manufacturer (as stated on the relevant product pages), which are contained in particular in the Software License Agreement between the software manufacturer and the user/end customer.14.2 In the event of resale or other transfer of the software products, the customer undertakes to transfer to the respective purchaser the obligations arising from the conditions of use and guarantee of the software manufacturer with the obligation to transfer on. 15. APPLICABLE LAW AND PLACE OF JURISDICTION 15.1 The individual contracts as well as the General Terms and Conditions are exclusively subject to Swiss law with the express exclusion of norms of international treaties, in particular the Vienna Convention on Contracts for the International Sale of Goods.15.2 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationships is Muttenz. Informatec shall also be entitled to sue the customer at its ordinary place of jurisdiction. Muttenz, 13.01.2025 Version 1.0 Informatec General Terms & Conditions