Terms & Conditions of TRACKPORTAL BY INSAFETY GMBH

  1. These General Terms and Conditions (GTC) apply to all deliveries and services provided by Trackportal by Insafety GmbH within the framework of the agreements concluded between the customer and Trackportal by Insafety GmbH, unless mandatory statutory provisions or additional written agreements between the customer and Trackportal by Insafety GmbH have been agreed were. The terms and conditions are part of the Trackportal by Insafety GmbH contract and are considered accepted if the customer services of Trackportal by Insafety GmbH claims or accepted by a mouse click. Any invalidity or nullity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions. The parties replace the ineffective provisions with new ones that come as close as possible to the original meaning of the deleted provisions as well as the economic purpose of the contract.
  2. Trackportal by Insafety GmbH reserves the right to change the terms and conditions and the other contractual provisions (including pricing) between Trackportal by Insafety GmbH and the customer at any time. Changes to the terms and conditions will be announced to the customer in a suitable manner. If the customer continues to use the service after the coming into force of the new terms and conditions, the new terms and conditions shall be deemed accepted.
  3. For packaging and postage normally a lump sum of CHF 15.00 per shipment is charged. If the weight of the goods exceeds the standard, we charge the actual weight.
  4. The presentation of the products in the online shop is not a legally binding offer, but an invitation to order. All offers are “while stocks last”, if not noted in the products otherwise. The purchase contract is concluded when we accept your order by an order confirmation by e-mail immediately after receiving your order. Track Portal by Safety GmbH reserves the right to insist on prepayment on all items you order.
  5. fThe details of the billing are stated invoices. The payment period is normally 30 days from the invoice date and is noted on the invoice (e-mail invoice). If no payment is received within 30 days of the invoice date, the order will automatically be canceled. For all services or goods invoiced, which the customer does not pay within the agreed payment period, Trackportal by Insafety GmbH charges additionally reminder / processing fees of CHF 20.00. Reminder fees are charged from the first reminder; however, a payment reminder will be sent before that. The goods and services remain property of Trackportal by Insafety GmbH until full payment has been made. If the default of payment exceeds 60 days, Trackportal by Insafety GmbH, has the right to rescind the contract with immediate effect and the customer must return the purchased goods in perfect condition. In addition, Trackportal by Insafety GmbH may claim the lost value from the customer due to depreciation of the goods. The settlement with counterclaims by the customer is excluded.
  6. Trackportal by Insafety GmbH grants neither the continuous trouble-free operation nor the trouble-free operation at any given time for the tracker devices and their services, including the website. In particular, for reasons of maintenance, security, or for reasons beyond the control of Trackportal by Insafety GmbH (for example, a power outage or interruption of public communications networks), temporary interruptions of availability or errors may occur. Furthermore Trackportal by Insafety GmbH is not liable for damages caused by force majeure; d these include, in particular, natural phenomena, fires, strikes, war and official orders. Trackportal by Insafety GmbH is not liable for damages resulting from improper, illegal or illegal use of their services and products by the customer and improper use. Liability for damages that are not intentional or caused by gross negligence is excluded. Trackportal by Insafety GmbH is not liable in any way for data loss and indirect consequential damage. Trackportal by Insafety GmbH reserves the right to claim damages against the customer for offenses (in particular for data crime, data misuse and so-called hacker attacks) from the network or the infrastructure. For claims for damages that Trackportal by Insafety GmbH has caused by gross negligence, it is liable up to the amount of the service rendered per year. Liability for consequential damage is excluded to the extent permitted by law. The customer is obliged to take appropriate measures for damage prevention and reduction.
  7. Special instructions. The use of the Internet and the web applications provided by Trackportal by Insafety GmbH are associated with data security risks for the customer. Trackportal by Insafety GmbH strives to ensure the most efficient possible backup with economically reasonable and technically feasible and proportionate measures. Each customer is responsible for measures to secure his network against intrusion or other attacks by unauthorized third parties.
  8.  Delivery is only within Switzerland. The delivery time is usually 3 working days. We refer to any deviating delivery times on the respective product page or order confirmation.If the ordered goods are not available on time because we are not supplied with this product in time by our supplier, we will inform you immediately. In such a case, you are free to wait for the ordered product or to cancel your order. In the event of cancellation, any consideration already paid may be reimbursed immediately.
  1. The goods you order remain our property until full payment of all our claims arising from the business relationship. The transfer by way of security or pledging of the reserved goods is not permitted. In the case of resale, the proceeds of the goods are replaced by the corresponding amount. The withdrawal or the assertion of the retention of title due to default in payment is a rescission of the contract, unless we expressly declare otherwise.The sales aids provided to the customer on loan remain the property of Trackportal by Insafety GmbH. We reserve the right to demand the release of the sales aids. In case of damage and / or loss, Trackportal by Insafety GmbH may charge the provided sales aids.
  1. The SIM card required for our service in connection with live tracking remains the property of Trackportal by Insafety GmbH and must be returned at the end of the contract period. Otherwise, a flat fee of CHF 40.00 will be charged.
  1. Warranty is according to the legal regulations.
  2. For the payment of ordered goods and services, for private customers, we only accept payments in advance. Business customers can also pay by invoice. However, we reserve the right to carry out deliveries only against advance payment. You will receive our bank details together with the invoice / order confirmation. The invoice is also valid as an order confirmation.
  3. Customer Duties. The customer is obligated not to improperly use the accessibility to services / products of Trackportal by Insafety GmbH or to allow such use. The customer has to refrain from unlawful or unlawful acts in connection with services / products of Trackportal by Insafety GmbH. This also includes the provision to be made by the customer that in connection with the use of services / products of Trackportal by Insafety GmbH, no infringements of property rights of third parties as well as criminal or regulatory provisions take place. If the customer breaches the above-mentioned obligations, Trackportal by Insafety GmbH is entitled at its own discretion to terminate the contractual relationship without notice or to block the services / deliveries until the corresponding conditions are met again. Trackportal by Insafety GmbH is also entitled to compensation from the customer for all damages that have arisen from the violation of the partners / customer obligations mentioned herein.
  4. Termination of services. Services provided under the license agreement of Trackportal by Insafety GmbH may be terminated in writing by the customer, subject to a 3-month notice period, within the agreed contract period. If the contract is not terminated on time, the contract term is automatically extended by 12 months. The customer is obliged to pay the remaining contract period in case of early termination. Trackportal by Insafety GmbH charges the customer the remaining time for the operation of the online services, the license fees and any administration and processing costs. The customer has to pay the incurred costs to Trackportal by Insafety GmbH within 30 working days.
  1. The parties agree to keep all technical and business information obtained by them or in connection with the service confidential and not to disclose or otherwise communicate it to third parties.
  2. Data Protection. The inventory data of customers are used exclusively for order processing. All customer data is stored and processed on the legal basis for the handling of personal data of the Swiss Data Protection Regulation. The customer has the right to free information, correction, blocking and deletion of the stored data at any time. Personal data including home address and e-mail address is not provided to third parties by Trackportal by Insafety GmbH without express and always revocable consent on the part of the customer.
  1. Warranty and refund policy. Trackportal by Insafety GmbH warrants for the purchased products a guarantee for material defects as well as for the functionality. The duration of the warranty period is 24 months and begins on the date of delivery (or date of invoice) to the customer. If during the warranty period a material, manufacturing or functional defect in the sense described above, Trackportal by Insafety GmbH provides the necessary services to keep the purchased products in a serviceable state, or to put them into this. Trackportal by Insafety GmbH is entitled to deliver other goods of the same class instead at its own discretion. The warranty is void if the defect is due to causes other than material and manufacturing defects. Likewise, any claim for warranty is void if the customer does not immediately report the occurrence of a warranty claim Trackportal by Insafety GmbH. The customer undertakes to send faulty products without delay at his own expense to the address of Trackportal by Insafety GmbH. The warranty does not cover all products that are considered consumables.
  2. The right of return for all products is 7 working days after receipt of the goods. The goods must be returned in perfect original packaging with invoice copy to the address of Trackportal by Insafety GmbH. The resulting shipping and postage costs are fully borne by the buyer.
  3. Shipping costs, post parcels in Switzerland. The shipping costs include, the packaging and processing plus the weight levels PostPac Priority: Package up to 2 kg CHF 15.00, Package up to 5 kg CHF 20.00, Package up to 10 kg CHF 25.00,  Package up to 20 kg CHF 30.00 Package up to 30 kg CHF 35.00
  4. Applicable law and jurisdiction. For all legal relationships between the customer and Trackportal by Insafety GmbH, Zurich is agreed as the exclusive place of jurisdiction, unless compulsory legal provisions provide otherwise. Applicable is Swiss law.