General Terms and Conditions of Abacus Research AG for the Abacus Webshop
1. Scope of Application
For the business relationship between Abacus Research AG (Abacus) and the Customer (only commercial orderers/companies/public corporations, no consumers), the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the order.
The order placed by the Customer constitutes an offer to Abacus to conclude a purchase contract. When placing an order with Abacus, Abacus will send the Customer an e-mail confirming receipt of the order by Abacus and listing its details (order confirmation). This order confirmation does not constitute an acceptance of the Customer's offer, but is only intended to inform the Customer that their order has been received by Abacus. A purchase contract is only concluded when Abacus ships ordered items to the Customer and confirms the shipment to the Customer with a second e-mail (shipment confirmation). No purchase contract is concluded for items from the same order that are not listed in the shipping confirmation.
All prices quoted are in Swiss francs exclusive of the statutory value added tax. The price of the articles at the time of receipt of the order by Abacus, which is stated in the invoice, is decisive for the invoice amount. Abacus reserves the right to make price errors and changes.
4. Payment conditions
The following payment methods are available to the Customer for the purchase of the items:
Abacus delivers to the Customer on account after a positive credit check. Abacus reserves the right to refuse delivery by invoice without giving reasons. The possibility of discount deduction does not exist. The invoice is due for payment within 30 days. In case of late payment, a default interest of 8% per year plus a fee of CHF 10 per reminder will be billed to the client. In the event of late payment, Abacus is also entitled to assign the claim to a debt collection agency at the Customer's expense. The right to claim further damages is reserved.
Cash payment for self-collection
The Customer shall pay for their order directly upon collection at the place of business in Wittenbach, Switzerland. Abacus only accepts cash payments. The Customer will be notified immediately when their order is ready for collection.
5. Credit check
In the event of an advance performance obligation on the part of Abacus, credit information on the Customer may be obtained from third parties, for example a credit agency, and data on the Customer's payment behaviour may be passed on to these third parties in order to protect its legitimate interests.
6. Delivery and Shipping Costs
Deliveries are only possible within Switzerland and the Principality of Liechtenstein. Delivery is made directly from the Abacus warehouse to the delivery address specified by the Customer. Information on the delivery period is non-binding. Exceeding the delivery time does not entitle to compensation. If Abacus is not able to deliver the ordered items through no fault of its own because a supplier of Abacus does not fulfil its contractual obligations, Abacus is entitled to withdraw from the contract with the Customer. In this case, the Customer will be informed immediately that the ordered item is not available. Insofar as delivery to the Customer is not possible because the Customer cannot be found at the delivery address they provided, although the delivery date was announced to the Customer with a reasonable period of notice, the Customer shall bear the costs for the unsuccessful delivery.
Delivery shall be made by parcel service.
Delivery is free of shipping costs for orders over CHF 100. Orders under this amount will be shipped for CHF 10 in shipping costs.
Any transport damage detected must be claimed directly from the delivery service immediately upon receipt of the items. In this case, the Customer shall refuse acceptance and have the parcel returned by the parcel service. In such a case, Abacus will immediately resend the ordered items.
7. Retention of title
The delivered articles remain the property of Abacus until full payment of the invoice amount. Abacus is entitled to have a reservation of title entered in the relevant register.
Abacus offers as warranty the respective manufacturer's warranty for the purchased items to the exclusion of any other warranty claims against Abacus, to the extent permitted by law. The warranty period shall be a maximum of 1 year beginning with the delivery of the items.
Upon arrival, the Customer shall immediately inspect the items for defects and condition. If delivered items show obvious material or manufacturing defects, which also include transport damage, they shall complain about such defects immediately (within 5 working days at the latest) to Abacus and, in the case of transport damage, directly to the parcel service. In the case of defects which are not obvious, the Customer shall report them immediately after their discovery. The Customer shall specifically describe the respective defects.
If the delivered article is defective, possible warranty claims of the purchaser are based on the respective manufacturer's warranty. Abacus will check the justified claims of the Customer and clarify them with the manufacturer.
See Apple's one-year manufacturer's warranty: https://www.apple.com/ch-de/shop/browse/open/salespolicies#topic-7
Abacus is only liable in cases of intent and gross negligence. The liability of Abacus for slight negligence as well as for its assistants is excluded as far as legally permissible. Otherwise, its liability in the event of any direct damage, loss or other costs is limited to a maximum of the compensation sum of the order for the event causing the damage. Their liability for indirect damages such as loss of profit or damages from defects is excluded - to the extent permitted by law. Claims of any kind must be asserted by the Customer within six (6) months after the occurrence of damage. As far as legally permissible, these exclusions and limitations of liability shall apply to contractual as well as non-contractual claims of the Customer. A strict liability of Abacus shall be excluded. In particular, it is not liable for damage for which it is not responsible, especially not for safety defects of third-party companies with which it cooperates or from which it receives articles.
Abacus does not assume any warranty, guarantee or liability of its own for items it receives from third parties. Abacus is not liable for possible damage due to defects, wear or improper use of the purchased articles.
10. Data security and data protection
The online shop is encrypted by means of SSL, whereby all data of an offer, payments as well as customer data are transmitted securely to Abacus. Abacus stores the order data and treats them in accordance with the data protection regulations. The relevant data is processed and used for the justification, execution and settlement of contracts concluded via the online shop as well as for the purpose of future customer support and customer care. Credit card data is not stored by Abacus. Further information on data protection can be found in the Abacus data protection declaration.
11. Applicable law and jurisdiction
The contract is subject to Swiss law to the exclusion of international private law and the Vienna Sales Convention. The place of jurisdiction is the city of St. Gallen. However, Abacus is also entitled to assert a lawsuit at the court having jurisdiction in the district of the registered office of the Customer.
The place of performance for all contractual and legal claims is the registered office of Abacus.
12. Final Provisions
Should individual provisions of this Agreement prove to be invalid or void, this shall not result in the invalidity or voidness of the remaining provisions, but these shall be replaced by such provisions as come closest to the economic purpose of the Agreement. The same shall apply in the event of a gap in the Agreement.
Any deviating General Terms and Conditions of the Purchaser are excluded.
Abacus expressly reserves the right to adapt these GTC to the circumstances at any time and to apply them immediately.
Status: 09 September 2021