Conditions Générales de Vente GlobalProtec
General GlobalProtec Terms and Conditions for Selling Products and Services through www.globalprotec.com
Version 1.0 from 01 July 2013
1. Area of application
These General Terms and Conditions (GTC) govern the finalization, content and handling of contracts between GlobalProtec GmbH (hereinafter referred to as GlobalProtec) and its customers (hereinafter referred to as the Customer) in conjunction with the sale of products and services (hereinafter referred to as Products) via the www.globalprotec.com platform. In such event, the GTC of the final provider of the Products are also applicable.
2. Ordering the Products
2.1 Obligations of the Customer
The Customer shall undertake to provide true information when ordering Products. Those persons under the age of 18 or those who are not responsible for their own affairs confirm through their order that they have the consent of their legal representative for concluding the business at hand.
GlobalProtec is not responsible for any denial of a delivery due to non-conformity of the Customer with the provisions of the final provider (e.g. embargo, age restriction or other limitations for the obtaining of Products). In such cases refund by GlobalProtec occurs exclusively to the extent of the granted cancellation by the final provider.
The Customer shall undertake to carefully protect his personal passwords. GlobalProtec shall not be held liable under any circumstances for incorrect or improper use of his passwords.
2.3 Recording orders
The recordings made by GlobalProtec relating to the orders placed by the Customer shall be considered as correct as long as clarifications show that there are no indications of transmission errors related to them.
3. Agreement finalization and recall
3.1 Agreement finalization
The presentation of the Products at www.globalprotec.com shall be considered an offering. An agreement comes into being when the Products are ordered by the Customer. Decisive for the characteristics of a product is always the original product description on the website of the final provider.
A finalized agreement may not be recalled. An exchange is only possible under written confirmation by GlobalProtec and within the limits of its goodwill.
In the event of serious incidents such as hacker attacks, typing errors in prices, interim significant price modification by the final provider and similar, GlobalProtec reserves the right to withdraw from the contract without any consequences and to cancel the transaction. In such cases Customer will be refunded the purchase price.
4. Delivery of the ordered Products
4.1 Place of delivery and supplies
Principally, Products are delivered worldwide and directly by the final provider. GlobalProtec shall not be liable for supply bottlenecks or non-availability of certain products from the final provider.
4.2 Delivery date
As soon as an order is received by GlobalProtec, GlobalProtec undertakes as soon as possible the necessary steps for the delivery of the Products by the final provider. Products are always delivered after payment reception.
4.3 Delivery delays
The Customer shall be informed of any possible delivery delays as soon as possible. If the Products are no longer available, the order shall be cancelled. Amounts already paid by the Customer shall be repaid at the time of the cancelation. No provision or allowance shall be made for any further claims from the Customer, in particular damage claims resulting from delivery delays.
5. Prices and payment terms
All prices at www.globalprotec.com are net and without Swiss VAT.
The Customer shall pay GlobalProtec the prevailing price published on www.globalprotec.com at the time the agreement is finalized.
The purchase price is due even if a certificate cannot be issued through fault of the Customer (see paragraph 2.1).
GlobalProtec reserves the right to revoke a previously issued certificate for non-payment of the invoice. The ordering party shall be liable for any possible handling fees.
The Customer may not settle amounts due to GlobalProtec with any possible counterclaims.
6. Forms of payment
The Customer may chose among various forms of payment. If the Customer pays by credit card, he authorizes GlobalProtec to cede its receivable claims to the corresponding credit card company. In this case, the applicable terms and conditions in the credit card agreement shall apply.
7. Warranty and liability
GlobalProtec operates a broker-platform and does not distribute Products by its own. The purchase through GlobalProtec only allows better conditions than with a direct purchase at the final provider. Given that GlobalProtec is not the service provider, GlobalProtec shall not be liable for the quality of the Products and any guarantee and warranty claims shall exclusively be pleaded against the final provider. The purchase price will be refunded by GlobalProtec within the limits of the granted warranty by the final provider.
These warranty provisions shall apply in place of the warranty and related damage claim provisions provided for under the Swiss Code of Obligations (OR).
7.2 Notification of defects
The Customer shall check the Products upon receipt. In any case, defects must be reported in writing both to the final provider and to GlobalProtec immediately after they are discovered. The defect report should describe the type and the exact location of the error as well as any possibly used hardware or software. GlobalProtec supports the Customer within the limits of its possibilities and to a reasonable extent with its notification of defect at the final provider. In addition, the conditions of the final provider also apply.
GlobalProtec shall not be held liable in any form, in particular for damages, which result from the incorrect installation, handling or use of Products as well as through delivery delays or resulting from the quality or the loss of the information provided by the Customer.
8. Data protection and data security
8.1 Protection of personal data
GlobalProtec shall conform to the legal guidelines of Swiss data protection legislation when recording and processing the personal information of its Customers. It shall undertake all economically feasible and technically and organizationally possible precautions to effectively protect any information received as part of the handling of an agreement from unauthorized access by outside parties.
8.2 Data processing
The Customer shall consent to GlobalProtec using all sign-in and usage information for market research and advertising purposes (such as for references) as part of the preparation of an offering appropriate to the market. GlobalProtec may match such information in an anonymous form with user information from other parties or prepared user statistics and provide these to other parties.
8.3 Circulation of personal information
Personal information shall only be passed on to other parties by GlobalProtec if this is necessary for the fulfillment of the agreement.
9. Other terms and conditions
9.1 Involvement of other parties
GlobalProtec may involve other parties for the performance of its services at any time.
9.2 Changes to the General Terms and Conditions
GlobalProtec may change these General Terms and Conditions at any time.
9.3 Salvatory clause
If a term or condition of this agreement shall become ineffective or void, the effectiveness of the remaining content of the agreement shall not be affected. The ineffective or void term or condition shall be replaced by GlobalProtec with a legally permitted term or condition, which shall come as close as possible to the economic or contractual intent of the original provisions. The same shall apply to any possible loopholes in the agreement.
9.4 Original text
These General Terms and Conditions will be translated into several languages. In case of contradictions, the German version shall be used for reference as the source text.
9.5 Jurisdiction and applicable law
The present contractual relationship shall be governed exclusively by Swiss law. The exclusive place of jurisdiction is Fribourg, Switzerland.
9.6 Contact address
Route de la Gravière 18