General Terms and Conditions (GTC)
These General Terms and Conditions (GTC) of dplan IT Solutions AG, Allmendstrasse 2, 8105 Regensdorf (hereinafter "dplan IT Solutions") fully regulate all rights and obligations of the business relationship of dplan IT Solutions with its customers for the purchase and sale of "Refurbished IT Hardware" or for all services offered by dplan IT Solutions in the context of trade and IT remarketing. In addition to the GTC, additional contractual provisions may be agreed upon. Such special provisions shall take precedence over the GTC.
1.1 The GTC and special provisions take precedence over the customer's terms and conditions of business
1.2 Neben diesen AGB sind auch die Datenschutz- und Nutzungsrichtlinie von dplan IT Solutions verbindlich.
2 Subject matter of the contract
Details result from the contract between the customer and dplan IT Solutions. The information available on our website and other information provided to the customer in advance do not contain any binding assurances or an offer that is binding for dplan IT Solutions.
2.1 All price and product range changes as well as technical changes are reserved. dplan IT Solutions endeavors to provide all details and information correctly, completely, up-to-date and clearly, but dplan IT Solutions can neither explicitly nor implicitly guarantee this.
3 Prices and terms of payment
3.1 All prices quoted by dplan IT Solutions are exclusive of VAT
. 3.2 For price changes after the conclusion of the contract, para. 2.1
shall apply. 3.3 The Client is obliged to pay the invoices sent within the contractually agreed payment period, but no later than 30 days after the invoice date. If no justified objections are raised in writing by the due date of an invoice from dplan IT Solutions, the invoice in question shall be deemed to have been approved.
3.4 If an invoice is not paid on time and in full, dplan IT Solutions is entitled to suspend or block all services immediately and without further notice. The Customer's obligation to pay shall remain in full force and effect during the suspension or blocking.
4 Delivery, duty to inspect, notice of defects and return
4.1 Depending on the size, deliveries are sent by mail, courier service or with a transport company to the address specified by the customer in the order. The place of performance is the registered office of dplan IT Solutions. With the shipment, benefit and risk are transferred to the customer. The customer must report any transport damage directly to the post office, the courier service or the transport company concerned.
4.2 If the delivery cannot be delivered or if the Customer refuses to accept the delivery, dplan IT Solutions may terminate the contract after notifying the Customer by e-mail and setting a reasonable deadline, as well as charging the Customer for the costs of the inconvenience.
4.3 The Customer is obliged to inspect the delivered goods immediately upon receipt and to report any defects for which dplan IT Solutions is liable immediately by e-mail to dplan IT Solutions.
4.4 Returns to dplan IT Solutions shall be made for the account and at the risk of the Customer. The Customer shall return the goods in their original packaging (if available) or in a transport-safe manner in appropriate containers, complete with any accessories supplied and together with the return form (RMA form) from dplan IT Solutions and the delivery bill to the return address specified by dplan IT Solutions.
4.5 If the inspection by dplan IT Solutions shows that the goods do not have any detectable defects or that they are not covered by a manufacturer's warranty that is still valid, dplan IT Solutions may charge the Customer for the effort, the return shipment or the disposal, if any.
5.1 dplan IT Solutions endeavors to deliver goods and "Refurbished IT Hardware" in perfect quality. In the case of refurbished IT items, it must always be remembered that the devices purchased from dplan IT Solutions are used second-hand IT hardware. Accordingly, dplan IT Solutions guarantees that the goods correspond to the usual and age-appropriate wear and tear (grading after audit) and have a corresponding condition, but are always functional for the intended use.
5.2 For goods with manufacturer's warranty, the warranty and guarantee provisions of the respective manufacturer apply. The provisions and the conditions and claims can be viewed on the support website of the manufacturer concerned
. 5.3 It is at the discretion of dplan IT Solutions to respond to the warranty directly or indirectly. Repairs will be carried out by the authorized manufacturer service partner, there is no right to replacement equipment or refund of the purchase price. In exceptional cases, dplan IT Solutions will provide a replacement device upon request and payment during the repair period.
5.4 Any additional costs incurred by repairs (even during the statutory warranty period) are not covered by dplan IT Solutions. Further claims are excluded.
5.5 In all other respects, dplan IT Solutions warrants that the item purchased by the Customer is free of defects and functional immediately after delivery of any defects in "refurbished IT hardware" for a period of 10 days from the date of delivery. It is at the discretion of dplan IT Solutions to provide the warranty by free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
5.6 Normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties are excluded from the warranty. The warranty for consumables and wear parts (e.g. batteries) is excluded. 5.7 For installed software (operating system) and manufacturer-specific device drivers, dplan IT Solutions does not provide support and any warranty is excluded. For support requests, please refer to the support websites provided by the manufacturer.
6.1 dplan IT Solutions shall only be liable for damage caused intentionally or by gross negligence on the part of dplan IT Solutions.
6.2 Any liability for damage due to force majeure is excluded (this includes, for example, power failures, lightning, fire, official orders and other unforeseeable and unavoidable events.
6.3 The Customer shall be liable to dplan IT Solutions for loss of or damage to equipment provided by dplan IT Solutions (e.g. replacement equipment during repairs).
6.4 dplan IT Solutions is in particular not liable for indirect damage and consequential damage caused by a defect, loss of profit or other personal injury, damage to property and pure financial loss of the Customer and third parties.
7 Further provisions
7.1 dplan IT Solutions expressly reserves the right to amend these GTC at any time and to put them into effect without prior notice.
7.2 Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions shall remain unaffected. The invalid and / or ineffective provisions will be replaced by such, which comes closest to the sense and purpose of the invalid and / or ineffective provisions in a legally effective manner economically. The same shall apply to any loopholes in the provision.
7.3 Swiss law shall be exclusively applicable. The parties agree that the ordinary courts of the Canton of Zurich shall have jurisdiction.
Regensdorf, August 12, 2021