General Terms and Conditions of Multi-Concept Group AG
A. GENERAL PROVISIONS
1. SCOPE OF APPLICATION/VALIDITY
These General Terms and Conditions (hereinafter GTC) govern the conclusion, content and execution of all contracts between Multi-Concept Group AG (hereinafter MCG) and its customers, unless otherwise agreed in individual cases.
MCG refers to the applicable GTC in its offers. These are deemed to be accepted when the customer concludes the contract with MCG and become an integral part of the contractual relationship with the customer.
Any other terms and conditions of the customer are not valid unless they are expressly recognized in writing by MCG as an integral part of the contract.
Within the framework of an existing business relationship, the GTC shall also apply, even if they are not specifically adopted within the framework of an individual contractual relationship.
2. GENERAL OBLIGATIONS OF MCG
MCG provides its services in accordance with recognized business standards, unless otherwise stipulated in individual cases or in these General Terms and Conditions.
The scope of MCG’s services includes the sale, marketing and exploitation of licenses in the IT sector and of intellectual property rights, including industrial property rights and know-how of various kinds. It also provides consulting services of all kinds in connection with the licenses it sells for software programs. MCG also operates various websites and provides related services. It advises and supports companies in the area of marketing and sales and buys and sells a wide variety of goods.
MCG undertakes to provide its services with due care in the interests of the customer and to protect the customer’s business secrets.
If the customer also uses third-party services via MCG services, including third-party software distributed by MCG, the customer is responsible for compliance with the terms of use of these third-party providers and may be held directly liable in the event of damage. No liability is assumed for damages caused by third-party service providers.
MCG undertakes to adhere to the schedule agreed with the client to the best of its ability. However, it accepts no responsibility for delays for which it is not responsible, for example due to force majeure or because third-party service providers have not worked on time or have worked poorly. Exceeding a delivery date does not entitle the customer to withdraw from the contract, to refuse acceptance and/or to claim damages. In the event of a delay, the customer must first grant MCG a reasonable grace period of at least 14 days in writing.
If concept or project changes arise and/or become necessary due to project adjustments, MCG shall inform the client accordingly.
MCG undertakes to archive all marketing and IT project documents for five years after completion of a project and to make them accessible to the client at all times.
3. GENERAL OBLIGATIONS OF THE CLIENT
The contracting parties shall agree the organizational framework with each other and designate the persons responsible for this and authorized to make decisions.
The customer shall ensure that MCG is provided with all information necessary for the proper performance of the work assigned to it in good time and free of charge and that it is granted the necessary access to all premises, facilities, infrastructure, etc. MCG shall be entitled to rely fully on the information provided by the customer or its contact person at all times with regard to the scope, accuracy and completeness of the information. In the performance of its work, it is entitled to rely at all times and in full on the information provided to it by the client or its contact person with regard to scope, accuracy and completeness. MCG shall not perform any work on the basis of insufficient or unclear information provided by the client. Delays or additional costs due to insufficient, incomplete or incorrect information are the responsibility of the customer. The customer shall bear the costs of any additional expenses incurred as a result.
The client undertakes to inform MCG in advance of the priorities of its requirements, the schedule and the budget. The client shall also inform MCG immediately of any changes to these parameters.
The finalized marketing or IT project documents will be sent to the client as a dossier after preparation. The client undertakes to subject this to a thorough examination immediately upon receipt and to notify MCG in writing of any proposed changes and/or additions within 14 days of receipt at the latest. If the client does not submit any written suggestions for changes and/or additions within this period, the dossier shall be deemed to have been approved without further ado and shall form the basis for the project work to be carried out by MCG.
MCG has a right of refusal in the selection of third-party service providers for the implementation of the marketing or IT concept created by MCG. If the client is then unwilling or unable to replace the rejected third-party service provider with another provider, including one proposed by MCG, MCG has the right to terminate the contract without notice, without thereby becoming liable to the client for damages and without losing the right to invoice MCG in full for its expenses incurred up to that point. In such a case, the customer also guarantees MCG full indemnification, including against any claims by third-party service providers.
4. CONCLUSION OF CONTRACT
A contract between the customer and MCG is only concluded when the order confirmation is signed in writing by MCG.
Additions, amendments or ancillary agreements must be made in writing and are only binding if MCG confirms them in writing.
Any objections to MCG’s order confirmation must be communicated to MCG immediately, otherwise it shall be deemed approved and binding for both parties.
5. GENERAL PRICES AND TERMS OF PAYMENT
Prices are quoted in Swiss francs (CHF), Euros (€) and USD ($). Unless otherwise stated, they are exclusive of VAT. Shipping costs and the advance recycling fee, if any, will be charged additionally.
Payment is made via major credit cards, Paypal, Twint and invoice.
When paying by credit card, Paypal, Twint, the invoice amount is due immediately.
Goods to be paid for by invoice are due for payment within 30 days. If MCG becomes aware of circumstances that appear to affect the customer’s ability to pay (e.g. different delivery address, late payment, creditworthiness problems, ongoing bankruptcy proceedings, etc.), MCG reserves the right to process orders without an invoice only via the other means of payment specified. The outstanding invoice amount (including default interest and reminder fees) may be passed on to a third party or sold for the purpose of collection.
Deductions not expressly agreed by the buyer are not permitted. Delayed delivery or commissioning shall not entitle the purchaser to defer or reduce its payments without the written consent of MCG.
Failure to meet the agreed payment deadlines without an express reminder triggers default of payment and MCG is entitled to default interest of 1% per month as well as compensation for all reminder, collection, legal and court costs and other damages.
If the customer is in arrears with the payment of a delivery or a payment on account for project work, MCG may defer further deliveries to the customer and/or interrupt project work and withhold working documents provided by the customer. In this case, project work will not be resumed until the outstanding amount has been paid in full. The customer shall be responsible for any delays in delivery or project work and costs resulting from late payment.
MCG is entitled to demand advance payment or other security at its own discretion.
Any claims of the customer can only be offset against claims of MCG with the written consent of MCG. MCG’s invoices are due for payment in all cases, even if the customer notifies MCG of defects.
The customer expressly authorizes MCG to obtain information from third parties for any credit checks. MCG will of course treat all data as strictly confidential.
6 DELIVERY
Unless otherwise agreed, any shipping and transportation costs shall be borne by the customer. This also applies to deliveries abroad with regard to any customs duties, taxes and other charges.
The benefit and risk of the ordered goods shall pass to the customer upon dispatch of the ordered goods (in the case of dispatch of the goods to the customer) or upon handover to the customer (in the case of collection of the goods by the customer).
Delivery shall be made at the expense and risk of the customer from MCG’s registered office or from the place of manufacture of the goods to the address specified by the customer by post, courier or other means chosen by MCG.
If the customer wishes to have the goods sent for shipment specially insured, he must inform MCG of this in writing in advance. The costs of such an agreement shall be borne by the customer.
In his own interest, the customer must immediately report any transport damage to the transport company in writing, while at the same time notifying MCG.
The customer must inspect the goods received from MCG within 14 days of receipt of the delivery. If no defects are reported within this period, the goods shall be deemed complete, faultless and approved with regard to visible defects. The same 14-day period also applies to hidden defects and begins with the discovery of the defects.
– For consumers residing in Europe:
In the event that the goods are shipped to the customer, the risk of loss or damage to the goods shall pass to the customer when the customer or a third party nominated by the customer who is not transporting the goods has taken possession of the goods. Notwithstanding the customer’s rights vis-à-vis the carrier transporting the goods, however, the risk shall pass to the customer upon delivery to the carrier if the carrier has been commissioned by the customer to transport the goods and this option has not been offered by MCG.
Otherwise, the relevant statutory regulations apply.
If the customer wishes to have special insurance for the goods sent for shipment, he must inform MCG of this in writing in advance. The costs of such an agreement shall be borne by the customer.
7. PERSONAL FULFILLMENT
Neither party is entitled to transfer the obligations arising from the business relationship in whole or in part to third parties without the prior written consent of the other party. Exceptionally, a third party may be called in if the circumstances require it or if representation is customarily considered permissible.
8. RIGHT OF REVOCATION
The following right of withdrawal applies exclusively to consumers residing in Europe:
The customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which he or a third party named by him, who is not the carrier, has taken possession of the goods. If the customer has ordered several goods as part of a single order and these goods are delivered separately, the withdrawal period shall not commence until the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods. In the event of a contract for the delivery of goods in several partial shipments or pieces, the withdrawal period shall commence on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last partial shipment or the last piece. In the case of a contract for the regular delivery of goods over a fixed period of time, the withdrawal period shall commence on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the first goods. In the case of digital content, the withdrawal period begins when the contract is concluded.
In order to exercise his/her right of withdrawal, the client must inform MCG of his/her withdrawal by means of a clear declaration (e.g. by letter sent by post, telephone or e-mail). The customer can also use the attached sample form, but this is not necessary.
Multi-Concept Group AG
Steinbislin 19
CH-6431 Schwyz
Phone: +41 41 811 05 06
E-mail: info@multi-concept.com
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal:
If the customer withdraws from this contract, MCG will refund all payments received from the customer for the goods purchased and will reimburse the customer for the cost of the cheapest standard delivery offered by MCG. This refund will be made immediately and at the latest, subject to the situations mentioned below, within fourteen days from the day on which MCG receives notification of the withdrawal from this contract. This refund will be made using the same means of payment used by the customer for the original transaction, unless expressly agreed otherwise with the customer. Under no circumstances will costs be charged for the repayment. MCG may refuse repayment until it has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.
The customer must return or hand over the goods to MCG immediately and in any case no later than fourteen days from the day on which the customer notifies MCG of the revocation of this contract. The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.
If the client has requested that services should commence during the withdrawal period, the client must pay MCG a reasonable amount corresponding to the proportion of the services already provided up to the time at which the client informed MCG of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The customer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires for the following contracts:
– for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
– for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
– digital content that is not delivered on a physical data carrier, if the execution has begun with the consumer’s prior express consent and his knowledge that he thereby loses his right of withdrawal.
Sample withdrawal form
(If the customer wishes to withdraw from the contract, he can fill out this form and send it back to MCG)
– Multi-Concept Group AG, Steinbislin 19, CH-6431 Schwyz:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
– Ordered on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
(*) Delete as appropriate.
B. SERVICE CONTRACT
1. TERMS OF PAYMENT
In addition to its fee, MCG shall be reimbursed for all out-of-pocket expenses and expenses incurred in connection with the fulfillment of the respective service contract. In particular, it shall be reimbursed for the costs of copies and prints.
Unless the parties have agreed otherwise, the individual project phases will be invoiced after the start of work. The customer shall be invoiced on a monthly basis for the expenses, uses and out-of-pocket expenses incurred in the performance of the contract.
2. COPYRIGHT
The copyright to creative and design services shall remain with MCG until the client has paid in full for the service provided.
C. MAINTENANCE CONTRACT
MCG offers a separate maintenance contract at the customer’s request.
D. PURCHASE AGREEMENT
1. RESERVATION OF TITLE
All goods sold by MCG remain its property until payment has been made in full. MCG is entitled to obtain a corresponding entry in the retention of title register at the customer’s place of residence or business or to inform third parties of this retention of title by other means. The customer may neither pledge the goods nor assign them as security.
2. RE-EXPORT
For most products (in particular data processing machines and license programs), re-export is prohibited in accordance with an obligation entered into with the Import and Export Section of the Federal Department of Economic Affairs or is only permitted after obtaining a special export permit. This obligation is hereby expressly transferred to our customers and must be transferred to the respective buyer in the event of any resale.
3. WARRANTY
– For customers resident or domiciled in Switzerland:
The purchaser must notify MCG immediately of any defects in the goods sold. MCG shall endeavor, but shall not be obliged, unless required by law, to rectify the defects.
MCG’s liability for defects in connection with goods sold by MCG is completely excluded to the extent permitted by law, i.e. the customer is not entitled to any rights of conversion, reduction, subsequent delivery or rectification, nor to the right to compensation from MCG for any consequential damages and other damages.
– For customers residing or domiciled in Europe:
Customers in Europe have warranty rights for a period of two years from the delivery of the goods and may demand the repair or replacement of the products purchased from MCG if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, the customer may demand a refund or reduction of the purchase price.
If the supplementary performance has taken the form of a replacement delivery, the customer is obliged to return the goods first delivered to MCG within 30 days at MCG’s expense. The defective goods must be returned in accordance with the statutory regulations. MCG reserves the right to claim damages under the statutory conditions.
In the case of used goods, the warranty period may be shorter than two years.
E. FINAL PROVISIONS
1. CANCELLATIONS
There are no cancellation fees.
2. LIMITATION OF LIABILITY
– Limitation of liability for customers resident or domiciled in Switzerland
MCG is only liable for damage caused by it or by a third party involved by it arising from the contractual relationship if it cannot prove that it is not at fault, whereby any liability for slight negligence is excluded. It shall be liable at most for the damage incurred up to a maximum of the order amount. Excluded from this limitation is liability for personal injury and damage to property. MCG’s liability for auxiliary persons is completely excluded. Furthermore, any liability is excluded to the extent permitted by law.
– Limitation of liability for customers resident or domiciled in Europe
MCG is liable in accordance with the mandatory statutory provisions, whereby liability for simple negligence is excluded, unless it concerns injury to life, limb or health or material contractual obligations, i.e. obligations on the fulfillment of which the customer may rely for the proper execution of the contract. In the latter case, however, liability is limited to the typically foreseeable damage.
Insofar as MCG’s liability is limited or waived, this also applies to the personal liability of its legal representatives, employees and vicarious agents.
3. CONFIDENTIALITY
The contracting parties undertake to maintain confidentiality with regard to facts and data that are neither in the public domain nor generally accessible. This obligation shall also be imposed on third parties involved. In case of doubt, facts and data shall be treated confidentially. The confidentiality obligations shall apply before the contract is concluded and also after the contractual relationship has ended or after the agreed service has been performed. Statutory duties of disclosure remain reserved.
4 DATA PROTECTION
MCG’s regulations on data protection can be viewed in the separate data protection declaration at multi-concept.com.
5. SEVERABILITY CLAUSE
Should individual provisions of these General Terms and Conditions or other agreements between the customer and MCG be or become void or invalid, this shall not affect the remaining part of the contract. Void or invalid provisions shall be replaced by valid provisions that come closest to their economic purpose. The same procedure is to be followed if there is a gap in the contract or if a provision proves to be unenforceable.
6. PARTS OF THE CONTRACT AND ORDER OF PRECEDENCE
In the event of contradictions between the contract concluded with the customer and these GTC, the contractual document shall take precedence over the terms of these GTC. These GTC shall in turn take precedence over the offer.
7. ASSIGNMENT, TRANSFER AND PLEDGE
Rights and obligations arising from the contractual relationship may not be assigned, transferred or pledged to third parties without the prior consent of the other contracting party.
8. AMENDMENTS
MCG is entitled to amend, update or supplement its GTC at any time. It must send the customer the latest version of its GTC. If no objection is raised by the customer within 14 days of receipt of the new GTC, the new GTC shall be deemed to have been accepted into the current contractual relationship. These GTC are published in their current form on the MCG website and made available for download.
9. PLACE OF JURISDICTION AND APPLICABLE LAW
– For consumers:
These GTC are governed by the law of the country in which the customer has his habitual residence. For foreign customers, the courts at the customer’s place of residence or at MCG’s registered office shall have jurisdiction at the customer’s discretion. The courts at the customer’s place of residence are responsible for any legal action brought by MCG against the customer.
– For business customers:
These GTC are governed by Swiss law, in particular the provisions of the Swiss Code of Obligations. The place of jurisdiction is the registered office of MCG. This is located in the municipality of Schwyz in the canton of the same name.
The customer hereby expressly confirms that he has read and understood the above General Terms and Conditions of Multi-Concept Group AG, Schwyz. He also acknowledges that these General Terms and Conditions form an integral part of his contract with Multi-Concept GmbH, Schwyz.
Schwyz, 01.10.2023