Foxsmart Systems GmbH General Terms and Conditions

1. Scope and applicable law

Your contract partner is Foxsmart Systems GmbH, registered in the Swiss Company registrar under Company Number CHE 112 734 701, in the Canton of Zurich at its official Address: Eschwiesenstrasse 22, CH-8003 Zurich in the following called „the company“. The agreement between the buyer and the company shall be subject to Swiss law under exclusion of the UN purchase law. This shall also apply if the buyer has its registered office abroad, or if the goods are delivered abroad.

2. Fulfillment

Fulfillment within the business relationship between the buyer and the company is subject to the following terms and conditions. The buyer has declared, with his order, his acceptance of these general terms and conditions of business, without any restrictions or additives. Deviating conditions of the buyer ,without prior expressed written consent are not recognized.

The company accepts orders in written, electronical form or on this website. Issuance of an order via the companies Webpage are generally accepted as issued by the buyer. An electronic order confirmation is sent directly from the company or via it’s online payment acceptance partners (i.e. Paypal) or both. Without a written response oft he buyer the order shall be regarded as accepted. If the company or it’s associated companies fulfill the order without confirmation and according to an Invoice issued to the buyer the order shall be regarded as accepted.

3. Right of revocation

The buyer has the right to revoke his order within 5 working days after receipt of the goods . The Revocation must contain no justification and is in the form of a text message and by returning the goods to the the company under the company address as stated on it’s website. The 5 working days return begins with the receipt of the goods by the buyer. Goods must be returned in their original and undamaged original packaging.

Returns of goods that have been taken out from the original packaging will only be accepted in case of their malfunctioning.

For orders up to an amount of $4000.00, the purchaser shall bear the regular costs of shipment and return.

If returned goods are damaged by the purchaser or during return shipment the company reserves the right to claim appropriate compensation from the purchaser in a satisfactory way acceptable by the company. Any refunds will be made after receipt and review by the company to a Paypal or debit account specified by the buyer. In case of credit card payments and pay box, the amount will be charged back.

4. Delivery

Delivery takes place by Swiss Post, Singapore Post, DHL, EMS or through any other shipping agent selected by the company or the buyer to the delivery address specified by the buyer. Delivery dates or delivery times are always approximate dates. We usually deliver within 14 days to Europe and within 16 days to the US, Canada, Australia and New Zealand. In case that a delivery date was outlined in order confirmations, invoices or any other means of communication between the company and the buyer and the company issues notification regarding delay of delivery prior to the originally specified delivery date the buyer reserves the right to revoke his order. An order cancellation of such is accepted by the company by written notice tot he buyer. Delivery takes place on account of the purchaser. Delivery costs are outlined in either the companies Invoice or order confirmations.

Orders can be refused or revoked by the company because of any reason deemed fit by the company. In case the company has already received a payment by the buyer it will transfer such funds back to the buyer in full , less all applicable transfer or processing cost.

5. Payment

Payment of the purchase price is payable with issuance of an order by the buyer. The buyer may pay the purchase price by any means of payment processing outlined by the company. Separate charges may apply. Supply of goods, delivery terms and conditions are according to the companies order confirmations, invoices and/or online forms associated with the buyers order.

If the buyer is in default with the payment of the purchase price, the Company may charge interest of 5% above the US Federal Reserve base interest rate per anno in the year in which the order was placed by the buyer.

6. Liability

All goods supplied by the company undergo a full functional quality control before delivery to the buyer
The company is liable, limited to the purchase price, to the buyer for the following defects and deficiency of it’s products:

  • Damages caused within the production or packaging process
  • Material faults caused by the production or packaging process
  • Software malfunctions The company is not liable for damages caused to the delivered goods by:
  • Force Majeur
  • Malfunction caused by falling, dropping or throwing of all or part of the electronical components
  • Attempts to open and alter components of devices
  • Damages of electronic components caused by liquids or any other harmful material
  • Improper use or improper handling of goods
  • Placement of batteries or power sources other then specified in the companies material
  • Use of improper software and attempts to alter the company’s software.

7.Changes to the Terms and Conditions

The company may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site and/or the company’s products after any changes are posted, you are indicating your acceptance of those changes. The company may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

9. Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE AND THE COMPANIES PRODUCTS ARE AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE COMPANY’S NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

10. General Provisions

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between the company and you. Any cause of action you may have with respect to your use of this Site must be commenced within one 6 months after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to its conflicts of law rules.

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