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General Terms and Conditions

Last updated: May 30, 2022
Note: In case of discrepancies between the German version of the General Terms and Conditions and another language version, the French original text shall prevail.

1. General Provisions

These General Terms and Conditions ("GTC") apply to any offer made by iolo AG ("Seller" or "Party") and to any purchase agreement concluded with a customer ("Customer" or "Party") for the delivery of products or services in Switzerland ("Contract").

These GTC apply exclusively. Differing, conflicting, or additional terms and conditions of the buyer shall only be valid if iolo AG has expressly agreed to them in writing.

These GTC shall also apply to future contracts without iolo AG needing to refer to them again in each case.

iolo AG reserves the right to amend these GTC at any time.

2. Information

2.1 Product and Price

All images and information published on iolo AG websites about the products are non-binding.

iolo AG reserves the right to change the prices for delivered products and services at any time.

For the conclusion of the contract, the prices on the offers (within their validity) and the prices specified at the time of ordering are decisive.

An additional minimum order surcharge of CHF 10 may apply for orders under CHF 500, along with shipping costs.

2.2 Availability and Delivery Time

Availability and delivery time are provided for information purposes only and are subject to change at any time.

3. Conclusion of Contract

A contract with iolo AG is concluded as soon as the customer places an order online, by phone, or by email.

4. Delivery Time

Upon confirmation of the order, the customer will be informed of a provisional delivery date.

In the event of a delivery delay by iolo AG, the customer has the right to withdraw from the contract starting from the 30th calendar day after the originally announced delivery date. In this case, iolo AG will refund any amounts already paid. No further claims exist against iolo AG.

5. Delivery

Deliveries are only made to addresses in Switzerland or Liechtenstein.

6. Customer's Duty to Inspect

The customer is responsible for checking the delivered or collected products immediately for correctness, completeness, and functionality.

If delivery was made by a transport company, any damages must be noted on the delivery slip.

Any errors or damages must be reported to iolo AG immediately after discovery or no later than 5 calendar days after receipt of the products. This can be done by phone, email, or post.

If not reported, the delivery is considered accepted. Return of goods delivered in perfect condition and according to order is only possible with prior approval from iolo AG.

7. Warranty

7.1 Warranty Conditions

iolo AG guarantees the absence of defects and proper functionality of the ordered product for 24 months after delivery and/or personal handover. The warranty period continues even if a warranty service has been provided. iolo AG may fulfill the warranty by:

  • Free repair (original warranty period continues);
  • Partial or full replacement with a used/repaired product of the same value (if replaced in the first year, the original period continues; if in the second year, warranty is 1 year from replacement);
  • Replacement with a new product by iolo AG (new 2-year warranty from replacement date); or
  • A credit note.

Wear parts and software issues are excluded from the warranty.

In case of handing over a product that contains data or storage, a complete data loss must be expected. The customer is responsible for backing up their data. iolo AG is not liable for data loss.

All other statutory warranty claims are excluded.

8. Liability and Disclaimer

8.1 Responsibility

Liability is governed by statutory provisions. However, iolo AG is not liable for:

  • Slight negligence;
  • Direct, indirect, or consequential damages, lost profits;
  • Unachieved savings;
  • Damages from delivery delays; and
  • Acts or omissions of auxiliary persons, whether contractual or non-contractual.

Furthermore, iolo AG is not liable for damages caused by:

  • Improper, illegal, or non-contractual storage, installation, or use;
  • Use of third-party or incompatible accessories or spare parts;
  • Lack of maintenance or improper changes/repairs by customer or third parties;
  • Force majeure, including damages caused by elements, humidity, falls, impacts, etc.

8.2 Limitation of Liability

iolo AG excludes all liability for direct, indirect, or consequential damages arising from the use or access to its websites or linked third-party sites.

iolo AG does not guarantee error-free operation of the website. Additionally, it disclaims liability for unauthorized third-party manipulation of users' computer systems.

9. Payment

9.1 Payment Methods

iolo AG may issue invoices by email or post with a CHF 2 fee per invoice.

Payments must be made in Swiss Francs.

Cash payments are not accepted.

Delivery takes place only after payment has been received. In-stock products are reserved for a minimum of 11 calendar days.

For invoice purchases, the amount must be paid within 30 calendar days. If items are returned, the invoice amount may be adjusted.

9.2 Late Payment

If the customer fails to meet payment obligations, all outstanding amounts become immediately due (for prepayments, within 8 calendar days after the first reminder). iolo AG may halt further deliveries.

From the second reminder: CHF 10 fee;
From the third reminder: CHF 20 fee.

If in default, the following apply:

  • Annual interest rate up to 12% may be charged;
  • Debts may be handed to a collection agency, which may charge additional fees.

9.3 Retention of Title

Products remain the property of iolo AG until fully paid. iolo AG may register ownership accordingly.

Pledging, securing, modifying, or transforming the goods before ownership transfer requires explicit consent from iolo AG.

10. Order Changes or Cancellations

Orders are binding. iolo AG may accept changes or cancellations at its discretion and may charge a 10% cancellation fee.

If full or partial delivery becomes impossible after the order or contract (per Article 3), the customer will be informed. If paid, the amount will be refunded. If not paid, payment obligation is waived.

No further claims may be made.

11. Return of Faultless Goods

iolo AG may deduct return shipping costs from any credit.

12. Miscellaneous

12.1 Technical Support and Commissioning

Unless otherwise agreed, prices do not include installation, commissioning, technical support, or spare parts.

12.2 Data Protection

iolo AG reserves the right to process and store buyer data in accordance with applicable data protection laws.

12.3 Confidentiality

Each party retains ownership of its confidential information.

Each party agrees to:

  • Protect the other party's confidential info with the same care used for its own (but at least reasonable care); and
  • Use such information only in relation to fulfilling orders.

12.4 Severability

If one or more provisions of these GTC (including liability limitations) are found to be illegal or unenforceable, the remaining provisions remain valid and in effect.

12.5 Jurisdiction and Applicable Law

All legal relations between iolo AG and the customer are subject to Swiss substantive law. Jurisdiction is the registered office of iolo AG.

Murten, May 2, 2022
iolo AG