TERMS & CONDITIONS

1. Scope of application

Piavita AG (hereinafter “Piavita”) develops and sells veterinary measuring instruments for use on animals, in particular on horses. The target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

 

2. Offer

The offers from Piavita must be made in writing and are binding for 20 days from the date of issue. Unless otherwise stated, a purchase contract comes into effect at the latest upon acceptance of the delivery. When accepting goods in the context of a test use, the provisions under the section 4 “TEST USE WITH RETURN POLICY” apply.

 

3. Delivery

Delivery of the goods shall be by post or by a Piavita employee. Changes in shape, colour, and material are reserved. We reserve the right to deviate from product images. The customer is responsible for required installations on site (e.g. internet connection), whereby these are to be organised by the customer.

 

4. Test use with return policy

Piavita offers their customers by individual agreement a unique test trial of Piavita products for 4 weeks. The trial period ends on the 28th day after receipt of the goods. During the trial period, Piavita submits to the customer an individual offer for the purchase of the received or for a product based on the needs of the customer. If the customer rejects to purchase the offer, he has the right to return the products. Prerequisite for the exercise of the return policy is that the products are returned within one week after the end of the trial period, complete and without damage to Piavita AG. Without exercising the right of return, or in the case of a not in due time or incomplete return, a contract of sale will be concluded on the basis of the list price or an  individually prepared offer. During the trial period the Piavita products remain the property of Piavita.

 

5. Revocation

Piavita AG grants a 14-day right of withdrawal without stating reasons. The cancellation period is 14 days after the customer has taken possession of the goods. In order to exercise the right of withdrawal, the customer must inform Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland) by means of a written declaration. For the timely declaration of withdrawal, the date of shipment is decisive. In the case of a cancellation, the customer agrees to return the goods completely, in original packaging, and unused to Piavita AG. The return takes place immediately after revocation and shall be at the expense of the customer.

 

6. Ownership

The ownership of delivered Piavita products will only be transferred to the customer after full payment of the purchase.

 

7. Price

Our prices are based on the individual offers in the respective country of destination plus applicable VAT and sales taxes.

 

8. Payment

Invoices are payable within 20 days without deduction. If payment is not made on time, Piavita reserves the right to withdraw from the contract or offer and to charge the customer the costs of CHF / EUR 50.- per reminder. In case of late payment of usage fees, Piavita reserves the right, after prior notification, to pause the use of the Piavita products via the Piavita Vet platform until all outstanding fees have been paid in full.

 

9. Use period and usage fee

The period of use of one year begins with the receipt of the goods or the expiry of any test use granted, according to the contract or offer. Use will be charged at the beginning of each billing period. The term is automatically extended by the previous period of use.

 

10. Termination

Use of the Piavita Vet System must be terminated in writing 3 months in advance of the end of the use period. Terminations must be addressed to Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland) by written declaration.

 

11. Scope of service and warranty

The terms of guarantee according to the user manual apply. The warranty period begins with delivery or use of the goods. Piavita commits itself to the customer for the careful provision of the defined services. The defined scope of services and the corresponding conditions of use of the Piavita products are regulated in the respective user manual. Piavita assumes no liability for a) a continuous, uninterrupted, and trouble-free functioning of all the services; b) comprehensive network coverage with mobile systems; c) content or services provided by third parties or retrievable from third parties;

d) avoiding data loss due to network malfunction or equipment repair; Piavita reserves the right to perform maintenance on the Piavita Vet Platform, which may be associated with interruptions or slowdowns.

 

12. General exclusions of liability

a)Piavita assumes no liability for misuse of Piavita products and related accessories. In particular, it should be noted that all measures for animal-friendly use must be observed. b) Damaged Piavita products (or parts thereof) may not be used. c) Piavita assumes no liability for injuries to animals or humans caused by Piavita products (or parts thereof), in particular due to improper use or lack of care. d) Piavita accepts no liability for damage caused by any of the following causes: negligent, improper, illegal or unlawful storage or use of the products, storage or use contrary to the contract, negligent damage of the system components, use of incompatible accessories, neglected maintenance and / or improper modification or repair of the products by the customer or a third party, acts of nature beyond control, especially elemental such as moisture, fall and impact damage etc., which are not to be represented by Piavita and/or official orders. e) Piavita rejects liability for indirect or consequential damages and/or loss of profits. f) Piavita assumes no liability for a faulty or incomplete measurement. Measurements may be falsified or interrupted due to loose attachment of the harness, physiological condition of the animal, detachment of the device from the animal’s body, or other conditions. g) Piavita assumes no liability for missing or faulty alarms. Alarms are based on the vital data limits entered by the user, which can be influenced and thus triggered by different factors. Horses and animals in general can show different signs of disease, a complete and correct measurement can never be guaranteed. h) Care must be taken to ensure that all Piavita products are kept out of the reach of children and animals. i) Sufficient care and supervision by the buyer and other users of Piavita products must be provided. j) Piavita does not replace a veterinarian nor a comprehensive veterinary examination. Diagnosis can only be made exclusively by a qualified veterinarian.

 

13. Data privacy

In order to provide services to our customers, Piavita may collect, store and process personal data in compliance with applicable data protection standards. Personal data is provided by the customer or automatically generated by the usage behavior of the services. The collected data may be processed for the following purposes: a) to check the conditions for concluding a contract; b) to fulfil contractual obligations towards the customer; c) for the care, development and maintenance of the customer relationship, as well as to advertise, design and develop Piavita products; d) to customise services or to provide personalised content; f) preventing the use of services hat is unlawful or contrary to the contract; g) for invoicing and collection purposes; If the customer makes use of the services of third parties, Piavita may pass on to the third party those customer data that it needs to fulfil the contractual obligations towards the customer. The customer may withdraw its consent to the use of its data for marketing purposes at any time.

 

14. Use of measuring data

a) The data is transmitted multiple times encrypted. Comprehensive internal measures to protect the collected data are taken. b) The measured and processed vital data may be used anonymously to improve internal processes and algorithms. c) Cumulated abstracted or anonymised data and data sets (Big Data) may be used for development, study and business purposes and passed on to third parties.

 

15. Final provisions

These terms and conditions and in connection with the contracts concluded with Piavita – also in cross-border traffic – and any resulting disputes shall be governed exclusively by Swiss Law. Jurisdiction for all disputes between Piavita and its customers will take place in Piavita’s headquarters. Should one or more provisions of these terms and conditions be or become wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions of these terms and conditions shall not be affected. In this case, the parties will replace the ineffective or unenforceable provision with a valid and enforceable provision which most closely approximates the economic purpose of the provision to be replaced. The same applies in the event that these terms and conditions should contain a regulatory gap. Piavita reserves the right to change these terms and conditions at any time. The latest version of the Terms and Conditions can be requested anytime from Piavita. The terms and conditions apply at the time of the respective contract closing date. In case of non-payment, the use of the customer of the Piavet Platform by Piavita may be paused with prior notification.