LÖWENZAHN®
T&C
1. Scope
These General Terms and Conditions ("GTC") apply to the business activities of hpm innova GmbH, located at Birkenstrasse 27, 8400 Tuggen (hereinafter referred to as the "Company"). The Company owns and operates the platform www.löwenzahn.ch and provides paid and unpaid services related to the sale of agricultural machinery on it. Additionally, the Company offers consulting services. Furthermore, the Company sells products in the aforementioned area.
These GTC apply to the above-mentioned areas as well as to the further services provided by the Company directly and indirectly to the customer.
2. Conclusion of Contract
The conclusion of the contract occurs when the customer accepts the offer of the Company regarding the purchase of services or products.
Furthermore, the contract is concluded when the customer uses or purchases the services offered by the Company or uses the products of the Company.
3. Prices
Subject to other offers, all prices are quoted in Swiss Francs (CHF). All prices are exclusive of any applicable value-added tax (VAT).
Prices are exclusive of any other applicable taxes.
The Company reserves the right to change prices at any time. The prices valid at the time of contract conclusion on the website www.löwenzahn.ch or according to the separate price list of the Company shall apply. The prices valid at the time of contract conclusion apply to the customer.
4. Payment
The customer is obliged to pay the invoiced amount within 30 days from the invoice date. Unless the amount has already been paid by the customer during the ordering process via credit card, PayPal, or other payment systems.
If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not settle the invoice within the specified reminder period, they will automatically be in default. From the time of default, the customer shall owe default interest at a rate of 5%.
The Company reserves the right to request advance payment at any time without stating reasons.
Offsetting the invoiced amount against any claim of the customer against the Company is not permitted.
The Company has the right to refuse the provision of services, delivery of the product, or granting of the license in case of default in payment.
5. Duties of the Company
5.1. Provision of Services
Unless otherwise agreed, the Company fulfills its obligations by providing the agreed services. The service includes the services that are or were published online at the time of contract conclusion. The registered office of the Company shall be deemed the place of performance, unless otherwise agreed.
5.2. Auxiliary Persons
The parties have the explicit right to engage auxiliary persons to fulfill their contractual obligations. They must ensure that the engagement of auxiliary persons complies with all mandatory legal provisions and any collective labor agreements.
6. Duties of the Customer
6.1. Exercise of Usage Rights
The customer is obligated to exercise the usage rights only to the extent granted. The customer is responsible for the content of the data and information captured.
The customer is required to take all necessary precautions promptly to facilitate the provision of services by the Company. The customer must make the necessary arrangements at the agreed location, at the agreed time, and to the agreed extent. Depending on the circumstances, this may include providing suitable information and documents to the Company.
By accepting these GTC, the customer confirms that they have unlimited legal capacity and are of legal age. The customer expressly declares that all information provided is true, current, and in compliance with the rights of third parties, good morals, and the law.
6.2. Obligation to Cooperate
The customer is required to promptly take all necessary precautions to facilitate the provision of services by the Company. The customer must make the necessary arrangements at the agreed location, at the agreed time, and to the agreed extent. Depending on the circumstances, this may include providing suitable information and documents to the Company.
Furthermore, the customer is obliged to provide comprehensive and prompt cooperation. The customer must provide the Company with any documents required for the provision of the service without request, in full, and with correct content. The Company assumes that the information and documents provided are accurate, complete, and comply with legal cooperation and disclosure obligations. The Company will only verify the accuracy and correctness of the customer's information, documents, and figures if this has been agreed upon in advance in writing.
6.3. Other Obligations
The customer is responsible for the content of the data and information captured.
The Company is entitled to verify the legality of content provided by the customer at any time.
7. Termination
7.1. Services
Both parties have the right to terminate the contract at any time. The party terminating the contract must fully compensate the other party for any expenses already incurred. Termination at inconvenient times is not permitted. The customer will be billed for any costs incurred as a result of termination. The exact amount will be communicated to the customer upon contract conclusion.
7.2. Products
Exchange of products is generally excluded.
8. Retention of Title
Ownership of the products remains with the Company until full payment of the purchase price. Until then, the customer may not dispose of the products, in particular, sell, rent, or pledge them.
9. Warranty
The Company endeavors to ensure the availability of www.löwenzahn.ch and takes appropriate measures to protect www.löwenzahn.ch from third-party interference. However, it cannot guarantee uninterrupted and fault-free operation of www.löwenzahn.ch and the services offered, nor can it guarantee that the files are free of viruses. The Company does not warrant the accuracy, completeness, reliability, or quality of the information and documents published or transmitted. It also cannot guarantee non-spamming, harmful software, spyware, hacker, or phishing attacks that may affect the use of the service, damage the customer's infrastructure (e.g., end devices, PC), or otherwise harm them. The Company cannot guarantee the accuracy, completeness, reliability, or quality of the information, processes, and work results provided, published, or transmitted. Any problem or defect must be reported to the Company immediately.
The Company warrants that the product is free from defects in material and workmanship.
Any defect must be reported to the Company immediately. It is up to the Company to decide whether the defective product will be repaired or replaced. Only if replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty for the repaired item starts anew, while the original warranty period continues for the remaining elements of the product.
10. Liability
The liability for any indirect damages and consequential damages is fully excluded. The liability for direct damages is limited to the amount of the services, products, or licenses purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damages to the Company immediately.
Any liability for auxiliary persons is fully excluded.
11. Intellectual Property Rights
All rights to the products, services, and any trademarks belong to the Company or it is authorized to use them by the owner.
Neither these Terms and Conditions nor any associated individual agreements transfer intellectual property rights unless explicitly mentioned. Furthermore, any reuse, publication, or provision of information, images, texts, or other materials received by the customer in connection with these provisions is prohibited unless expressly authorized by the Company.
If the customer uses content, texts, or visual materials related to the Company, in which third parties have protective rights, the customer must ensure that no third-party rights are infringed.
12. Data Protection
The Company may process and use the data collected in the context of contract conclusion to fulfill its obligations under the contract. The Company takes the necessary measures to secure the data in accordance with legal regulations. The customer fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obligated and authorized by courts or authorities to disclose information to the customer or third parties. Unless expressly prohibited by the customer, the Company may use the data for marketing purposes and may disclose it to its partners for advertising purposes. The data necessary for performance may also be disclosed to commissioned service partners or other third parties.
Furthermore, the Privacy Policy applies.
13. Amendments
These Terms and Conditions may be changed by the Company at any time. The new version becomes effective upon publication on the Company's website.
For customers, the version of the Terms and Conditions that is in effect at the time of contract conclusion generally applies. Unless the customer has agreed to a newer version of the Terms and Conditions.
14. Priority
These Terms and Conditions supersede all previous provisions and contracts. Only provisions from individual contracts that specify these Terms and Conditions take precedence over these Terms and Conditions.
15. Severability Clause
If any provision of this contract or any attachment to this contract is or becomes invalid, the validity of the contract as a whole shall not be affected. The parties to the contract shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.
16. Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation remains in effect even after termination of the contract.
17. Force Majeure
If the timely performance by the Company, its suppliers, or third parties involved is prevented by force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, wars, riots, civil wars, revolutions, and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, the Company is relieved of the obligation to perform the affected duties for the duration of the force majeure and for a reasonable period thereafter. If force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company must fully refund any consideration already provided by the customer.
Any further claims, in particular, claims for damages due to force majeure, are excluded.
18. Applicable Law / Jurisdiction
These Terms and Conditions are subject to Swiss law. Insofar as no mandatory legal provisions take precedence, the court at the Company's registered office shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.