General Terms and Conditions
1. Scope of application
These General Terms and Conditions ("GTC") apply to the entire business of dibon AG (hereinafter referred to as "Company"). The Company operates the portal "diBon.ch". This portal enables non-profit associations, cooperatives, foundations, interest groups and other legal entities or partnerships as well as private individuals to present their company and / or activities and these have the opportunity to 1. offer vouchers, 2. publish promotions and 3. receive donations via the donations portal. The purpose of the platform is primarily to support local businesses affected by the economic consequences through this platform.
2. Conclusion of contract
The conclusion of the contract is established by the confirmation of the company about the agreement concerning the purchase of services by the customer.
The contract is concluded in any case when the client uses the services offered by the company.
Unless otherwise offered, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
Prices are exclusive of any other applicable taxes.
The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract shall apply.
If a commission has been agreed upon, it shall be owed upon fulfillment of the obligations by the Company. Whether the end customer pays the customer has no influence on the origin and maturity of the commission, relevant is the fulfillment of obligations by the company.
The Company offers the following payment options to the Customer: Stripe, credit card, PayPal, twint.
If the invoice is not settled within the aforementioned payment period, the Customer shall automatically be in default.
The Company reserves the right to require payment in advance at any time without giving reasons.
Offsetting of the invoiced amount against any claim the Customer may have against the Company is not permitted.
The Company shall have the right to refuse delivery or service provision in case of delayed payment.
5. Obligations of the Company
5.1 Provision of services
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the registered office of the Company.
5.2 Auxiliary persons
The parties shall have the express right to call in auxiliary persons to perform their duties under the contract. They shall ensure that the auxiliary personnel are engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
6. Obligations of the customer
The customer is obliged to immediately make all arrangements necessary for the provision of the service by the company. The customer has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing appropriate information and documentation to the Company.
The Company warrants to perform the agreed services in the quality customary in the industry.
The liability for any indirect damages and consequential damages is fully excluded.
The liability for direct damages is limited to the sales price of the product / service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is fully excluded.
9. Intellectual property rights
All rights to the products, services and any trademarks are the property of the company or it is entitled to their use by the owner.
Neither these General Terms and Conditions nor the associated individual agreements have the transfer of any intellectual property rights as their content, unless this is explicitly mentioned.
In addition, any further use, publication and making accessible of information, pictures, texts or anything else, which the customer receives in connection with these provisions, is prohibited, unless it is explicitly approved by the company.
If the Customer uses content, texts or pictorial material in connection with the Company in which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed.
10. Data protection
The Company may process and use the data recorded in the course of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of the service may also be disclosed to contracted service partners or other third parties.
These General Terms and Conditions may be amended by the Company at any time.
The new version shall come into force 30 (thirty) days after the Company has posted it on the website (www.dibon.ch).
The version of the General Terms and Conditions that is in force at the time of the conclusion of the contract shall apply to the Customers. Unless the Customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.
13. Severability clause
If a provision of this contract or an annex to this contract is or becomes invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force even after the termination of the contract.
15. Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, epidemics or pandemics, the Company shall be released from the performance of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 60 (sixty) days, the Company may withdraw from the contract. The Company shall fully reimburse the Customer for any payment already made.
Any further claims, especially claims for damages due to vis major are excluded.
16. Agents and distributors
The customer acknowledges that any distributors or agents work independently and therefore independently of the company and any potential claims are to be asserted directly against them. The Company shall not be liable in any way for any breach of contract by any agent or distributor.
17. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of the company shall have jurisdiction. The company is free to file a lawsuit at the defendant's domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.