AGB

Lipat Terms and Conditions

1. Scope

These General Terms and Conditions ("GTC") apply to the entire business activities of Lipat, unless the parties have expressly agreed otherwise in writing. Deviating conditions not explicitly accepted in writing by Lipat are not valid. Rights contained in or arising from this contract may only be assigned to third parties by Lipat.

 

**2. Conclusion of Contract**  

The contract is concluded when the customer accepts the offer from Lipat. The delivery of devices, software, and services takes place on the date specified in the contract, subject to circumstances beyond Lipat's control or due diligence.  

In any case, the contract is concluded when the customer uses the services offered by Lipat. The buyer is not entitled to withdraw from the purchase contract due to delivery delays and expressly waives any claim for damages against Lipat. Delivery and installation costs are generally borne by the buyer.

 

3. Prices

Unless otherwise offered, all prices are in Swiss francs (CHF), excluding any applicable VAT and other taxes.  

Lipat reserves the right to change prices at any time. The prices valid at the time of contract conclusion, as listed on Lipat’s website or price list, apply.  

If a commission is agreed upon, it is owed upon Lipat’s fulfillment of obligations, regardless of whether the end customer pays the client.

 

4. Payment

Payment is due in advance or by invoice (within 30 days of receipt), unless otherwise agreed in writing.  

If payment is not made within the payment period, the customer will be reminded. If payment is not made within the grace period, the customer is automatically in default and owes interest of five percent from the time of default.  

If Lipat offers products via an online platform, payment may also be required electronically (credit card, PayPal, Twint, or other systems).  

Offsetting the invoiced amount against any claim the customer may have against Lipat is not permitted.  

Lipat reserves the right to withhold delivery or services in the event of default.

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5. Lipat's Obligations  

Unless otherwise agreed, Lipat fulfills its obligations by providing the agreed service. The place of performance is Lipat’s registered office unless otherwise specified.  

Lipat has the explicit right to use auxiliary persons to fulfill contractual obligations, ensuring all legal requirements are met.

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6. Customer’s Obligations  

The customer is obliged to take all necessary measures to enable Lipat to perform its services, including providing suitable information and documents at the agreed time and location.  

The customer must ensure the technical and actual prerequisites for receiving and using the services are met. Lack of such prerequisites does not affect the validity of the contract.  

The customer agrees to provide accurate personal data and to notify Lipat of any changes.

 

7. Non-Solicitation and Employment Ban

Without Lipat’s explicit written consent, the customer may not solicit or employ Lipat’s employees or auxiliary persons during and for three years after termination of the contract, within the scope of their former field of activity.

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8. Liability

Lipat undertakes to perform the contract with the greatest care and to treat materials and information confidentially.  

Claims for damages against Lipat are excluded unless based on intent or gross negligence. The limitation period is one year from the incident, or shorter if provided by law.  

Lipat’s liability is limited to foreseeable, typical damages.  

Lipat is not liable for consequential damages unless they result from a breach of essential contractual duties.  

Lipat is not liable for outages not caused by its own fault (e.g. internet, website availability, email services).  

Lipat assumes no warranty for third-party software. Once such software is accepted or live, Lipat is no longer liable. Lipat is also not responsible for undetected security risks in third-party software.

 

9. Intellectual Property Rights

All rights to products, services, and trademarks belong to Lipat or are used with permission. These GTC do not transfer any intellectual property rights unless expressly stated.  

Reuse or publication of any information received in this context is prohibited without Lipat’s explicit approval. The customer must ensure that no third-party rights are violated.

 

10. Data Protection

Lipat may process data obtained during contract execution as required to fulfill obligations. Lipat complies with legal data security requirements.  

The customer agrees to the storage and contractual use of their data and acknowledges that Lipat may be required to share data by court or authority order.  

Unless expressly prohibited, Lipat may use the data for marketing purposes and share it with service providers for performance of obligations.

 

11. Amendments

These GTC may be amended by Lipat at any time. The new version comes into force 30 days after publication or notification.  

The version of the GTC valid at the time of contract conclusion applies, unless the customer agrees to a newer version.

 

12. Priority

These GTC take precedence over all previous provisions and contracts unless more specific terms are agreed upon in individual contracts.

 

13. Severability Clause

If any provision is or becomes invalid, the remainder of the contract remains effective. The parties will replace the invalid provision with one that best reflects the intended purpose. The same applies to contractual gaps.

 

14. Confidentiality

Both parties and their agents must keep all information related to the services confidential, even after termination of the contract.

 

15. Force Majeure

If Lipat, its suppliers, or subcontractors are prevented from fulfilling obligations due to force majeure (natural disasters, wars, terrorism, strikes, nuclear accidents, etc.), Lipat is released from its obligations for the duration and reasonable startup period after.  

If the force majeure lasts longer than 30 days, Lipat may withdraw from the contract and must refund any payments made. Further claims, particularly for damages, are excluded.

 

16. Applicable Law / Jurisdiction

These GTC are governed by Swiss law. Unless otherwise required by law, the court at Lipat’s registered office has jurisdiction. Lipat may also bring action at the defendant’s place of residence.