General WISeKey Terms and Conditions for Selling Products and Services
Version from 1 February 2012
Area of application
These General Terms and Conditions (GTC) govern the finalization, content and handling of contracts between WISeKey SA(hereinafter referred to as WISeKey) and its customers (hereinafter referred to as the Customer) in conjunction with the sale of products and services (hereinafter referred to as Products) via its web sites and properties.
Ordering the Products
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.
The Customer shall undertake to carefully protect his personal password. WISeKey shall not be held liable under any circumstances for incorrect or improper use of this password.
The recordings made by WISeKey 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.
Agreement finalization and recall
The presentation of the products on WISeKey’s websites shall be considered an offering. An agreement comes into being when the products are ordered or, in case a service is provided directly online, when the service is obtained by the Customer.
A finalized agreement may not be recalled under any circumstances.
Delivery of the ordered Products
Place of delivery and supplies
The delivery of the Products may take place anywhere in the world, in principle. WISeKey makes restrictions for physical Products. In addition, the delivery of physical Products shall only be possible as long as supplies last.
As soon as an order is received by WISeKey, a delivery to the Customer will be made electronically or by mail.
Products are always delivered after payment reception.
The Customer shall be informed of any possible delivery delays immediately. If the Products are no longer available (see section 4.1), 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.
Prices and payment terms
All prices are net and without Swiss VAT.
The Customer shall pay WISeKey the prevailing price published on the site at the time the agreement is finalized.
The purchase price is due even if a certificate cannot be issued through fault of the Customer.
WISeKey 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 WISeKey with any possible counterclaims.
Forms of payment
The Customer may chose among various forms of payment. If the Customer pays by credit card, he authorizes WISeKey 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.
Warranty and liability
If the Products are defective, the Customer may exchange these for error-free products provided that he has reported the defect on time (see section 7.2). If it is not possible to offer the Customer a replacement of equal value, he shall have the right to terminate the agreement and request a refund of the purchase price after returning the Products (for physical Products) less any appropriate costs for use.
These warranty provisions shall apply in place of the warranty and related damage claim provisions provided for under the Swiss Code of Obligations (OR).
Notification of defects
The Customer shall check the Products upon receipt. In any case, defects must be reported to WISeKey immediately after they are discovered in writing or electronically. The defect report should describe the type and the exact location of the error as well as any possibly used hardware or software. The defective Products must be sent to the contact address listed in section 9.6 after the defect has been reported and after arranging this with WISeKey. The Customer pays for return shipment costs.
WISeKey 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.
Data protection and data security
Protection of personal data
WISeKey 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.
The Customer shall consent to WISeKey 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. WISeKey may match such information in an anonymous form with user information from other parties or prepared user statistics and provide these to other parties.
Circulation of personal information
Personal information shall only be passed on to other parties by WISeKey if this is necessary for the fulfillment of the agreement. The other parties may not use received personal information for their own purposes or otherwise transfer it to others.
If personal information must be transferred abroad for the fulfillment of the agreement, WISeKey shall bind the third parties contractually to the conditions spelled out in this section 8.
Other terms and conditions
Involvement of other parties
WISeKey may involve other parties for the performance of its services at any time.
Changes to the General Terms and Conditions
WISeKey may change these General Terms and Conditions at any time.
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 WISeKey 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.
These General Terms and Conditions may be translated into several languages. In case of contradictions, the English version shall be used for reference as the source text.
Jurisdiction and applicable law
The courts holding jurisdiction in Geneva shall be responsible for settling disputes arising from this agreement. For consumer agreement disputes, the courts holding jurisdiction at the domicile or headquarters of one of the parties shall hold jurisdiction; for WISeKey suits, the court holding jurisdiction at the domicile of the sued party shall be responsible. Consumer agreements are contracts relating to services, which are intended for the personal or family needs of the customer. Swiss law shall apply.
WTC II / CP 853
29 Rte de Pre Bois
Tel.: +41 (0)22 594 30 00