Scope

1. These General Terms and Conditions hereinafter referred to as "General Terms and Conditions" or "GTC" apply to all legal transactions concluded in the webshop or services at http://www.myspareparts.com/ "Webshop", "Online-Shop" or "Website" of

MySpareParts.com- (CHE-289.456.561), Falkenstrasse 27, 8008 Zürich, Switzerland

hereinafter referred to as the "Company".

2. Company services and Webshop is aimed exclusively for companies (B2B). Our scope of business and online sales via the Webshop are only to companies in non-sanctioned countries and companies according to current Swiss, EU, UN and UK regulations with regard to delivery of goods.
3. By placing an order, the customer expressly agrees to these General Terms and Conditions, valid for all services of the Online Shop of the Company.
4. The Company may amend these General Terms and Conditions at any time at its sole discretion. Such amendments shall become effective immediately upon their publication on the Website.

 

Section 1 Applicability of the General Terms and Conditions of Sale (GTC); Defense clause; Registration to the Company’s Webshop

1.1 The General Terms and Conditions of Sale apply to all business relations with the Company’s customers [hereinafter referred to as "Company's customer" or "customer"].

1.2 The Company’s General Terms and Conditions apply exclusively. This means that the Company does not recognise the customer's terms and conditions that conflict with, deviate from or supplement its GTC in any other way - unless the Company expressly agrees to these customer's terms and conditions in writing. This shall also apply if the Company is familiar with the customer's terms and conditions and accept his orders without reservation, render its services or indirectly/directly refer to letters containing the customer's terms and conditions or the terms and conditions of third parties.

1.3 The Company’s General Terms and Conditions shall also apply to all future deliveries and offers for the same customer without further reference to them.

1.4 To be able to use the Company’s Webshop (current Internet address «myspareparts.com» and order products via the Webshop, the customer needs to previously register. Registration enquiries can be directed to the Company at «mysparearts.com». There is no guarantee of registration or continuation of registration. The Company reserves the right to reject registration requests (expressly or implicitly). The customer agrees to these GTC by way of filing the registration request.

1.5 The Company is entitled to block access to a registered account or delete the account if (i) there is misuse or illegal activities, (ii) the customer has provided false information, (iii) the customer does not fulfil his payment obligations and (iv) in cases according to section 13.

 

Section 2 Conclusion and content of the contract; written form; conclusion of the contract in electronic business transactions (Webshop); reservation of rights;

2.1 The Company’s offers are subject to confirmation, subject to change and non-binding unless they are expressly marked as binding. All information on availability and delivery time is without guarantee. The Company reserves the right to change the product range at any time and without notice and to limit the number of items that can be purchased by a customer. Images of products are for illustration purposes only and are therefore not binding. The same applies to details of the products, which are for information purposes only. This applies accordingly to the Company’s Webshop.

2.2 The order placed by the customer shall be deemed a legally binding offer for the conclusion of a contract. The conclusion of a contract is described in Section 2.6. The Company retains the right to accept this contractual offer within 10 working days (i.e. Monday to Friday, irrespective of public holidays at the Companies place of domicile) from receipt.

2.3 If, at the time of the customer's order, ordered products are not in stock or otherwise unavailable for direct delivery, the Company will send a notification of the expected delivery date upon receipt of the customer's order. This notification does not constitute an acceptance of the order. It may be combined with the confirmation of receipt of the order (section 4).

2.4 The Company’s acceptance of the order shall only be effected by written order confirmation or by dispatch of the goods. The Company’s confirmation of receipt of the order in itself does not constitute an order confirmation but serves only as information. The content of the order confirmation governs the content of the contract. Legally relevant declarations and notifications which the customer makes to the Company after conclusion of the contract (e.g. setting deadlines, reminders, notifications of defects) must be made in writing in order to be effective.

2.5 Written form shall also be deemed to have been complied with by a fax or an e-mail.

2.6 In the Company’s Webshop, the following steps are necessary to conclude a contract:

1. a) By selecting the appropriate button, the customer can place products in the "shopping cart" and indicate the desired quantity of the goods. If the customer clicks on the corresponding button, he can view his shopping cart at any time without obligation, change the desired quantity and delete individual products from the shopping cart by clicking on the "Remove" button. If the customer would like to order the goods, he can continue the order by clicking the button "Go to checkout" in the displayed shopping cart. The customer then enters the necessary data (e.g. delivery address and desired shipping method). With the button "Continue", the customer moves to the next input step and finally to the order overview. In the order overview, the customer can check his data again. Any input errors or change requests may be corrected via the button "Edit", via "Edit shopping cart" or via "Back" before placing the order. Before final placement the customer, the customer must accept the sales and delivery conditions. By clicking on the "Place order" button, the buyer submits a legally binding offer to conclude a contract. The description of the buttons mentioned before can also be similar.
2. b) The Company confirms the receipt of the order immediately by sending a confirmation of receipt by e-mail. This e-mail does not yet represent a declaration of acceptance but serves the customer as information only. The provisions in section 2.3 shall apply accordingly.

 

2. c) A purchase contract is only concluded according to section 2.4.

Deviations based on legal regulations or representing technical improvements are also permitted. In addition, the replacement of equivalent alternative components is permissible if it does not impair the suitability of the product for the contractually stipulated use.

2.8 The written contract including these GTC as an integral part of the contract contains all agreements made between the Company and the customer regarding the subject matter of the contract. Verbal agreements made before the conclusion of the written contract are not legally binding and shall be entirely replaced by the written contract unless they expressly state that they shall continue to be binding.

2.9 Individual (including any verbal) contractual agreements take precedence over these GTC. A written contract or the Company’s written confirmation is required to prove the content.

 

Section 3 information on electronic business transactions (Webshop)

3.1 The customer's contractual partner is the Company.

3.2 The individual technical steps that lead to the conclusion of a contract in the Webshop as well as the possibilities to correct input errors are described in Section 2.6.

3.3 Upon any conclusion of a contract, the Company stores the order information, but not these GTC. The customer can retrieve the stored order information in his user area in the Webshop under "Order History" for a period of 12 months after he has placed order (see Section 2.6 lit. a)).

3.4 Conclusions of contracts via the Webshop and according to these GTC shall be made exclusively in English. The customer may expressly and in written form choose to conclude the contract in another language. In this case, the English version of these GTC shall prevail.

 

Section 4 Delivery, sale by delivery to destination, passing of risk; acts of participation; inspection obligation

4.1 The goods ordered by the customer on the Company’s Website shall be delivered by the external vendors warehouses. Unless expressly agreed otherwise, the goods shall be shipped to the delivery address as specified by the customer. All transport, insurance and packaging costs shall be borne by the customer unless otherwise stated.

4.2 The risk and liability for goods shall pass to the customer upon shipment. The risk and liability for the goods shall pass to the customer upon handover of the goods to the freight forwarder, carrier or other person designated to carry out the shipment (FCA (Incoterms 2020)). The Company’s delivery obligation will be considered complied even if the customer refuses acceptance or is unable to accept delivery.

4.3 If delivery is delayed by the customer, if the customer does not comply with his obligation to participate or if the Company’s delivery or service is delayed for other reasons for which the customer is responsible, intentionally or negligently, the Company will be entitled to claim compensation for the resulting damage including all additional expenses (e.g. for resulting storage costs).

4.4 The customer is obliged to check the product(s) for defects immediately upon receipt and to inform the Company with a written notice of any defects. If the customer fails to give notice of a defect that is recognizable as part of his duty to inspect in good time, the purchased item is deemed to have been approved. The customer's incorrect ordering of a product does not constitute a defect.

 

Section 5 Prices, invoicing and payment, retention of goods; exclusion of set-off and retention rights

5.1 Unless otherwise agreed upon, the Company’s net prices applicable at the time of conclusion of the contract shall apply plus statutory value-added tax. Insurance, transport and packaging costs or other costs as well as customs duties and other public charges shall be borne by the customer unless explicitly stated otherwise.

All taxes, customs duties, import taxes and other charges for cross-border deliveries are to be borne by the customer.

5.2 Insofar as the agreed prices are the Company’s list prices and the Company’s delivery is to take place more than six (6) weeks after conclusion of the contract, the Company will be entitled to charge the current list price at the time of delivery. Company will inform the buyer of the price adjustment. The buyer has the right to cancel the purchase contract for the product affected by the price adjustment within 7 days of receipt of the notification. Without a contradictory statement or cancellation within this period, the price adjustment is deemed to have been approved by the customer.

5.3 The Company’s invoices must be paid in full within 30 calendar days of the invoice date stated in the invoice, unless expressly agreed otherwise. The Company reserves the right to prepayment. The Company reserves the right of credit card payments. The customer agrees to a wholly electronic invoicing. The amount must be transferred in full to the Company’s account, unless expressly agreed otherwise. The date of receipt of payment to the account shall determine compliance with the deadline.

5.4 If a cash discount deduction has been agreed, this can only be claimed if all other claims from deliveries of goods to the customer have been settled by the time of receipt of payment at the latest. If this is not the case, the retained cash discount deduction must be paid immediately.

5.5 Upon expiry of the payment period, the customer shall automatically be in default without additional request. The purchase price shall bear interest during the period of default at the applicable statutory default interest rate of 12% p.a.. Further damages caused by default shall also be charged to the customer. The Company’s claim against merchants for commercial interest on arrears remains unaffected.

5.6 The customer can only assert his right of retention if a counterclaim is undisputed, ready for decision or legally established. Section 9.8 remains unaffected by this.

5.7 The Company is entitled to refuse its services within a contractual relationship if it becomes apparent after conclusion of the contract that the Company’s payment claim from the contractual relationship is at risk due to the customer's lack of ability to pay. The Company’s right to refuse performance shall cease to apply if payment is effected or security is provided for it. The Company is entitled to set a reasonable deadline for the customer for this. Within this period, the customer may pay for the service rendered by the Company or provide security for it. If this period expires fruitlessly, the Company has the right to withdraw from the contract. The statutory provisions on the dispensability of setting a deadline shall remain unaffected. In the case of contracts for the manufacture of irreplaceable items (e.g. custom-made items), the Company may immediately withdraw from the contract.

 

Section 6 Delivery Deadlines; Reservations for Force Majeure, Self-supply; Partial Deliveries

6.1 Delivery periods/dates are in principle non-binding and delays in delivery do not justify in any case claims for damages or the possibility of withdrawal from the contract by the customer. If a (partial) delivery impossibility occurs, the customer will be informed immediately by e-mail. If the customer has already paid, only the amount paid by him will be refunded without interest. If the payment has not yet been made, the customer will be released from the obligation to pay. Further claims of the customer due to the delay or failure of delivery are excluded. The Company exclusively supplies to non-sanctioned companies and countries according to Swiss, EU, UK and UN current regulations.

6.2 A delivery period shall commence on the date of the Company’s order confirmation. Delivery times/dates shall be deemed to have been met if the goods have been delivered to the customer by the time they expire.

6.3 If the Company can foresee that delivery times/dates cannot be met, the Company will inform the customer immediately and inform him of the expected new delivery date.

6.4 The Company shall not be liable for the impossibility or delay of the Company’s services insofar as these circumstances are attributable to force majeure or other events not foreseeable at the time of conclusion of the contract and the Company is responsible for them intentionally or through gross negligence (e.g. operational disruptions of all kinds, fire, natural disasters, weather, flooding, war, insurrection, terrorism, delays in transport, strikes, lawful lockouts, shortage of labour, energy or raw materials, delays in the granting of any necessary official permits, official/statutory acts).This also includes the non-delivery, incorrect or untimely delivery in terms of quantity or quality by the Company’s vendors if the Company is not responsible for this intentionally or by gross negligence and had concluded a congruent covering transaction with the vendor at the time the contract was concluded with the customer. This shall also apply if the Company concludes the covering transaction immediately after the transaction with the customer.

6.5 In the event of events within the meaning of Section 6.4, the delivery periods shall be automatically extended by the time of the event plus a reasonable start-up time. The Company is entitled to withdraw from the contract if the goods cannot be delivered on the expected new delivery date (Section 6.3). The customer is entitled to withdraw from the contract if the new delivery date is more than one month after the original delivery date. Claims for damages are excluded in each case.

6.6 Delivery deadlines shall automatically be extended to a reasonable extent if the customer fails to comply with his contractual obligations or duties.

6.7 The Company is entitled to making partial deliveries if

(a) a partial delivery can be used by the customer within the scope of the contractual purpose,

(b) the provision of the remaining services is ensured,

6.8 The Company’s statutory rights, in particular the exclusion of its obligation to perform (e.g. due to the impossibility or unreasonability of performance and/or subsequent performance) and due to default of acceptance or payment by the customer, will remain unaffected.

6.9 If the Company is in default with a service or if it becomes impossible for the Company, its liability shall be limited as specified in Section 10.

 

Section 7 Acceptance of ordered goods by the customer (presence of a receiving person or existence of an unloading area/depot)

7.1. The customer ensure that the goods can be received by him or a person appointed by him at the delivery address. If, upon delivery of the ordered goods to the customer, the customer and/or no representative of the customer is present to receive the goods, and if there is no identifiable, accessible, secure and lockable unloading area/depot at the delivery address, the driver's (carrier's) confirmation shall suffice as proof that the goods have been delivered in proper condition.

7.2. Shipments are delivered to the customer or to other persons who, given the circumstances, can be assumed to be authorized to accept the delivery (e.g. people present in the recipient's rooms). If such delivery is not possible, a suitable product can be delivered to the customer's mailbox or to a direct neighbour, provided the sender has not excluded these delivery options. The customer receives a notification from the parcel service about the whereabouts of his delivery. In addition, unless otherwise agreed, the parcel service provider is entitled to carry out alternative deliveries chosen by the recipient and within the scope of the parcel service provider ‘s regulations or others agreements with the recipient lie. Alternative deliveries include, for example, redirecting a package to another address, an authorization for the driver to deposit the package on the recipient's property, a service that the sender has chosen or change the delivery plan.

 

Section 8 Transfer of ownership and Retention of title

8.1. This is a so-called distance business. The customer can have the object of purchase ["product"] sent either by the Company or by a third party. The parties have the will that in both cases there is a valid contract for the transfer of ownership of the product. The transfer of ownership takes place either by transfer of ownership from the Company to the customer or by the customer receiving the received product as direct owner for the indirect owner (Company). The handover to the customer is completed as soon as the customer is able to exercise control over the product with the will of the Company.

8.2 The product shall remain the property of the Company until payment has been made in full. Insofar as the validity of this retention of title depends on special prerequisites or formal requirements (for example, an entry in a register), the customer hereby expressly consents to an application for registration by the Company. Furthermore, the customer undertakes to fulfil the further prerequisites and formal requirements for the validity of the retention of title.

8.3 The goods delivered by the Company to the customer shall remain its property until all secured claims have been paid in full. These goods and the items which take their place in accordance with the following provisions and which are also subject to retention of title shall hereinafter be referred to as "reserved goods".

8.4 As long as the customer is not the owner of the item the customer shall store the reserved goods for the Company free of charge. He must treat them with care and adequately insure them at his own expense against loss and damage and at replacement value. If maintenance, servicing or inspection work becomes necessary (this does not include subsequent actions to be performed by the Company by contract), the customer must carry it out in good time at his own expense.

8.5 As long as the customer is not the owner of the item or the payment is not made in full the customer is not entitled (i) to pledge the reserved goods or (ii) to assign them as security or (iii) to use, process, transform, combine, mix and/or sell the reserved goods. In the event of seizure of the reserved goods by third parties or other access by third parties, the customer must clearly indicate the Company’s ownership and inform the Company immediately in writing so that the Company can pursue its ownership rights. Insofar as the third party is unable to reimburse the court or out-of-court costs incurred by the Company in this connection, the customer shall be liable to the Company for such costs.

8.7 If the customer acts contrary to the terms of the contract - in particular because of default in payment - the Company may withdraw from the contract in accordance with the statutory provisions (event of recovery). In this case the Company is entitled to demand the reserved goods from the customer. Such a demand shall also act as a declaration of withdrawal from the contract. The customer shall bear the transport costs incurred for taking back the goods. Any seizure of the reserved goods shall also be considered a declaration of withdrawal.

 

Section 9 Liability for defects

9.1 The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title (including incorrect and short deliveries, faulty assembly or instructions), unless otherwise provided or supplemented in these GTC.

9.2 Except in cases of Section 10.1 lit. a to f, the Company does not assume any liability for material defects in the event of any agreed delivery of used products. Furthermore, liability is voided if the customer has modified the goods or had them modified without the Company’s consent and any subsequent rectification is thereby rendered impossible or unreasonably difficult. In any case, the customer has to bear any additional cost of the rework that results from the change. The liability of the Company for minor negligence is excluded. The liability for auxiliary persons is completely excluded. In particular, the Company shall not be liable for any damage resulting from, among other things: (i) improper, non-contractual or illegal adjustment, use or storage of the products, (ii) use of incompatible accessories or spare parts, (iii) improper modification or repair of the products, failure of the customer to maintain the products, (iv) force majeure, in particular damage caused by the elements, falling, moisture, impact, etc., for which the Company is not responsible, intentionally or by gross negligence, as well as official orders.

9.3 Unless expressly agreed otherwise, the Company’s products and services shall comply exclusively with the statutory requirements applicable in Switzerland. Only the customer is responsible for the integration of the products into his existing technical, structural and organisational conditions (system integration responsibility of the customer).

9.4 If the goods have been delivered to the customer or to the person designated by him, he shall be obliged to inspect the goods immediately and to report any defects immediately in writing. The respective provisions of the Swiss Code of Obligations and the provisions in this Section shall apply accordingly. To count as immediate, the notice of defects has to be submitted at the latest within five (5) working days after delivery of the goods to the customer or - if the defect was not recognizable during the inspection) - at the latest within five (5) working days after discovery of the defect. If the customer was able during normal use of the goods to recognize this latter defect (hidden defect) at an earlier time than the time of discovery, this earlier time shall mark the beginning of the notification period. If the customer does not notify the Company within the aforementioned periods about any recognized defects, the products shall be deemed to have been approved and any warrantee obligation and other liability for the defect in question shall be void.

At the Company’s request, the goods complained of shall first be returned immediately at the customer's expense. If the complaint is justified, the Company will reimburse the customer for the costs of the cheapest shipping route. This shall not apply if the costs increase because the goods are located at a place other than the place of intended use. Section 9.5 remains unaffected.

9.5 The customer must give the Company the necessary time and opportunity to examine complaints and other objections as well as to subsequent improvement owed. To this end, he shall make the goods concerned available to the Company for the purposes stated or - in the case of their fixed installation or immovability - provide access to them. Section 9.4 remains unaffected.

9.6 If a defect actually exists, the Company will bear the expenses such as transport. If it turns out that a customer's claim of defects is unjustified, the Company is entitled to reimbursement for the resulting cost.

9.7 If the delivered item is defective, the Company will be entitled and obliged, at its discretion within a reasonable period of time, to remedy the defect - either by remedying the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). In the event of a replacement delivery, the customer must return the item to be replaced to the Company in accordance with the statutory provisions.

9.8 The Company is entitled to make the subsequent improvement owed by the Company conditional on whether the customer pays the purchase price due or, if applicable, the instalment currently due.

9.9 If subsequent improvement is impossible or has failed, or if a reasonable period to be set by the customer for subsequent improvement has expired unsuccessfully or is dispensable according to the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price. In the case of an insignificant defect, however, there is no right of withdrawal.

9.10 If there is a breach of duty on the Company’s part for which the Company is responsible, intentionally or by gross negligence, and which is not due to a defect in the goods, the customer may only withdraw from or terminate the contract; otherwise the statutory provisions shall apply.  

9.11 Claims for damages shall only be granted in accordance with the following Section 10.

 

Section 10 Liability for damages

10.1 The Company’s liability for damages - for whatever legal reason - is excluded, in particular for damages instead of or in addition to performance, due to culpa in contrahendo, impossibility, delay, defects, tort and for other direct or indirect damages. This shall not apply to the following cases:

1. a) the Company has fraudulently concealed a defect;
2. b) the Company has assumed a guarantee for the quality of the goods or a procurement risk;
3. c) damage due to injury to life, body or health is caused which is based on an intentional or grossly negligent breach of duty by the Company or by one of its legal representatives or vicarious agents;
4. d) any other damage occurs as a result of an intentional or grossly negligent breach of duty by the Company or one of its legal representatives or vicarious agents;
5. e) damage results from the intentional or grossly negligent breach of essential contractual obligations which does not already fall under lit. a) to lit. d) or lit. f). The essential contractual obligations include the obligations that must be fulfilled in order for the contract to be properly performed. The customer may regularly rely on compliance with the essential contractual obligations. In this case, however, the Company’s liability will be limited to the amount of damage typical for the contract and foreseeable at the time of conclusion of the contract;
6. f) claims under the Swiss Product Liability Act.

10.2 Insofar as the Company’s liability is excluded or limited in accordance with the above provisions, this shall also apply to the personal liability of its executive bodies, legal representatives, employees, staff and vicarious agents.

 

Section 11 Statute of limitations

11.1 The limitation period for (also non-contractual) claims based on material defects and defects of title shall be one (1) year from delivery.

 

Section 12 Right of Revocation, Returns

12.1 Except for legal regulations, there is no right to withdraw from the contract, to revoke or return products.

12.2. The customer can send his return request by e-mail to return@myspareparts.com. If there is no confirmation from the company within 7 days, the request for voluntary return is considered rejected. A voluntary right to return will only be granted if the company expressly declares the return to the customer ["confirmation of acceptance"].

12.3. In case of withdrawal of the contract according to section 12.2., the customer is obliged to return the ordered products to the Company within seven (7) days from the day of confirmation of acceptance. The return can be made by means of a postal return. In case of postal return, the customer must log in to his customer profile and request the return. The Company will then send the customer a return label by e-mail, which the customer must use for the return. To comply with the return period the time of dispatch of the goods is decisive.

12.3.1. The products shall be returned new and unused. Products must be returned in the original unopened packaging with all protective materials, tags and labels attached to the products, and with any additional accessories or replacement materials provided.

12.3.2.. Excluded from the option of return are products that have been individually manufactured or customized for customers.

12.3.3.. If the products are not returned in accordance with these specifications, the Company shall be entitled to offset the corresponding material value of the non-returned products against the refund to be paid to the customer. An offset may also be made if the products are damaged during return transport due to the fault of the customer. The customer is liable for the returned products for the full value of the goods, transport insurance is therefore recommended and the customer is responsible for this. The customer is also responsible for loss, damage, shipment to an incorrect address or for delays in delivery during the return shipment.

12.3.4. Return shipping and, if applicable, transportation insurance costs shall be borne by the customer unless otherwise noted.

12.3.5. The purchase price will be refunded subject to its vendor conditions to the customer after the product has been received by the Company in accordance with the provisions above and has undergone quality control. The Company will decide, at its own discretion, whether the product is in proper condition or whether a loss in value has occurred and should be deducted from the refund accordingly. The refund will be made through the same payment method that the customer used when placing the order, unless otherwise expressly agreed with the customer. The refund is the only service provided by the Company upon return.

 

Section 13 Special right of withdrawal in the event of suspension of payments etc.

In the following cases the Company has a special right to withdraw from the contract with immediate effect: (a) The customer ceases payments to his creditors; (b) he himself applies for the opening of insolvency proceedings over his assets; (c) the Company or another creditor permissibly applies for such proceedings; (d) provisional insolvency proceedings are opened; (e) insolvency proceedings are finally opened; (f) the application is rejected for lack of assets or (g) if the customer or the country in which the customer is located is subject to a sanction according to Swiss, EU, UK and UN regulations.

 

Section 14 Obligation to provide information in the case of product safety measures

If product safety measures take place at or against the customer in connection with the Company’s products (e.g. official market surveillance measures such as the ordering of a withdrawal or a recall) or if the customer intends to take his own such measures, he shall inform the Company immediately in writing.

 

Section 15 Data Protection

The collection, processing and use of personal data is carried out in accordance with the applicable data protection laws. Further information on data protection can be found in the separate data protection policy available https://myspareparts.com/privacy-policy-cookie-restriction-mode, which forms an integral part of these GTC.

 

Section 16 Applicable law and place of jurisdiction

16.1 The business relations between the Company and the customer are subject exclusively to the laws of Switzerland. The UN Convention on Contracts for the International Sale of Goods (CISG) are expressly waived entirely.

16.2The Company's seat (currently: Switzerland) shall be the exclusive (also international) place of jurisdiction for every contractual relationship between the Company and the customer. This also applies to all legal disputes arising from the contractual relationship. However, the Company will also be entitled to sue the customer at his private address or registered office. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected.

16.3 For any dispute, before taking legal action, the Company asks to contact the Company for dispute resolution. The Company will find a solution.

 

Section 17 Severability clause

17.1 Should individual provisions of these GTC be invalid or incomplete, or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes as close as possible to the original intention and the economic purpose pursued with it. The same shall apply if there is a legal loophole.

17.2 In case these GTC are translated into and made available to customers in other languages, the English version shall prevail in case of any discrepancies.

 

Zurich, 29 September 2023