Legal – General terms and Conditions
<strong>General Terms and Conditions of Sale</strong>
GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of Application
The General Terms and Conditions of Sale are applicable to all orders placed by customers with Piavita AG, with registered office at Technoparkstrasse 1, 8005 Zurich, Switzerland (hereinafter “Piavita”), which develops and sells a veterinary measuring system consisting of medical instruments and respective software services for use on animals, in particular on horses (the “Piavet System”). The customers or 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 recognized.
Each order placed with Piavita shall be governed by these General Terms and Conditions of Sale.
You can order the Piavet System:
- By telephone: +41 (0) 44 578 17 68
- By email: email@example.com
- By letter: Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland
- In person, with one of our representatives.
When you order the Piavet System in person, by telephone, by email or letter, Piavita will send you an offer letter (quotation) with the details of the chosen pack and price, as well a copy of the General Terms and Conditions of Sale. The offers from Piavita must be made in writing and are binding for twenty (20) days from the date of issue. Unless otherwise stated and expressly agreed otherwise by both parties in advance, a purchase contract comes into effect at the latest upon acceptance of the delivery.
3. Shipment and Delivery
The orders confirmed by Piavita will be shipped upon receipt of full payment, and will be delivered to the delivery address indicated by you when placing an order. The delivery of the Piavet System shall be made by post or in person by a Piavita employee, and you will receive via email a link with instructions to access the software components (the “Piavita Platform”).
Piavita may contact you by SMS, telephone or email with information regarding the order and delivery.
Changes in shape, color, 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 provided by the customer.
4. Import Duty and Customs
If you order the Piavet System for delivery outside of Switzerland, the EU and the USA, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please note that you must comply with all applicable laws and regulations of the country for which the products are destined.
Piavita grants a fourteen (14)-day right of withdrawal (cancellation) from a purchase without stating reasons. The cancellation period is fourteen (14) days after the customer has ordered, but latest fourteen (14) days after the customer has taken possession of the Piavet System. 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 signature in the offer letter or latest the date of delivery is decisive. In the case of a cancellation with goods received, the customer must 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.
When the return is properly completed, Piavita shall reimburse the price of the returned goods (excluding delivery charges which are not reimbursable) within a maximum of thirty (30) days upon receipt of the returned goods. The reimbursement will be made using the same means of payment as the customer used for the initial transaction, unless you have expressly agreed otherwise.
The ownership of the delivered Piavet System will only be transferred to the customer after full payment of the purchase.
Our prices are based on the individual offers in the respective country of destination plus applicable VAT and sales taxes.
We reserve the right to modify the prices of our products at any time. Modifications of the prices will not apply to orders already confirmed by us.
Payment takes place via the methods of payment suggested in the order process. Invoices are payable within twenty (20) days without deduction. If payment of all owed amounts is not made on time, including the payment of all the costs detailed in the order confirmation or offer letter, 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 Piavet System via the Piavita Platform until all outstanding fees have been paid in full.
9. Duration of Services and Usage Fee
The services included in the purchased Piavet System have the duration of one (1) year. The period of use of one (1) year begins with the receipt of the complete Piavet System or latest one (1) month after the date of signature according to the contract or offer letter. Use will be charged at the beginning of each billing period. The term is automatically extended by the previous period of use.
10. Termination of Services
Use of the Piavet System must be terminated in writing three (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 applicable statutory warranty rights are available to you, in particular the rights contained in Art. 197 ff. of the Swiss Code of Obligations (“OR”). This holds particularly regarding the rights a buyer might claim if there is a defect at the time of transfer of ownership in accordance with Art. 197 ff OR and for rights of the buyer potentially arising from the Swiss Product Liability Act. An additional guarantee only exists for delivered goods if this has been explicitly stated in the respective product’s order confirmation. An extended guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. 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 Piavet System 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 Platform, which may be associated with interruptions or slowdowns.
12. General Exclusions of Liability
a) Piavita assumes no liability for misuse of the Piavet System 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. k) Piavita assumes no liability in case of errors or omissions in the photographs or texts displayed on the website. The photographs and texts illustrating and describing the products on the website are non-contractual and for information purposes only.
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 fulfill 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 customize services or to provide personalized 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 fulfill 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 Piavet System Measuring Data
a) The Piavet System 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 anonymized data and data sets (big data) may be used for development, study and business purposes and passed on to third parties.
15. Governing Law and Disputes
These General Terms and Conditions of Sale and in connection with the contracts concluded with Piavita – also in cross-border traffic – and any resulting disputes shall be governed by and construed in accordance with Swiss Law. Jurisdiction for all disputes between Piavita and its customers will take place in Piavita’s headquarters in Zurich. Swiss law shall not however apply in a situation where a customer has better rights according to mandatory applicable consumer protection law in the country where the customer resides.
Should one or more provisions of these General Terms and Conditions of Sale 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 General Terms and Conditions of Sale should contain a regulatory gap.
Notwithstanding the foregoing, Piavita may take any legal action necessary at any competent court in the customer’s country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.
16. Final Provisions
Piavita reserves the right to change these General Terms and Conditions of Sale at any time. The latest version of the General Terms and Conditions of Sale can be requested anytime from Piavita. The General Terms and Conditions of Sale apply at the time of the respective contract closing date. In case of non-payment, the use of the customer of the Piavita Platform by Piavita may be paused with prior notification.
ACCESS THE INDIVIDUAL PAGE FOR TERMS & CONDITIONS OF SALE HERE
<strong>Piabreed Pre-Sale Special Terms and Conditions</strong>
PIABREED PRE-SALE SPECIAL TERMS AND CONDITIONS
A) Pre-Order Scope of Application
A.1) The Pre Order Terms and Conditions apply to all pre-orders placed by customers with Piavita AG, with registered office at Technoparkstrasse 1, 8005 Zurich, Switzerland (hereinafter “Piavita”).
A.2) The purchase of products by pre-order is subject to additional terms and conditions stetted here. Your purchase will be subject to these Pre-Order Terms and Conditions as well as to the General Terms and Conditions of Sale. By pre-ordering the Piavet System you represent and warrant that you have read these terms.
A.3) Piabreed pre-orders are available only to customers until December 2021 at certain rates. Pre-ordering means that you will be able to order products ahead of time at a discounted rate by placing a deposit, while the product will only be delivered at a later date.
B) Pre-Order Fulfilment
B.1) Piavita aims to deliver Piabreed products starting January 15th 2022. This date represents Piavita’s best estimate at the time of writing but it is preliminary and subject to change.
B.2) The specific delivery date is individually chosen by the customer and specified as the desired start date in the order placed with Piavita. Piavita will do their best to fulfil the desired starting date but will only confirm delivery dates once shipments start.
B.3) Delivery is subject to the specific product chosen and can be conducted via shipping through a logistics partner or in person by one of Piavita’s representatives. In case of shipment Piavita is committed post the product latest one week (seven days) before the customer’s specified desired start date. The exact delivery date is subject to shipping conditions.
C) Pre-Order Revocation
C.1) In case of delayed fulfillment, Piavita grants the customer the right of withdrawal from the pre-order without stating reasons. The fulfillment is considered delayed if Piavita is unable or expects to be unable to comply with the customer’s specified desired start date (See B.2) or within two weeks of that date. The withdrawal has to be expressed in written to Piavita before products are shipped.
In case of a withdrawal, the customer will obtain a refund of the full effective amount paid to Piavita to this date without interest.
C.2) Piavita reserves the right to withdraw from the order fulfillment at any time and without stating reasons (e.g. in case of unforeseen events). In case of a withdrawal by Piavita, the pre-order will be revoked and the customer will obtain a refund of the full effective amount paid to Piavita to this date without interest.
D) Pre-Order Payment
D.1) Our prices include shipping fees, but are excluding applicable VAT and sales taxes in the country of destination. The total amount invoiced of the selected product includes applicable VAT and sales taxes. However you are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order.
D.2) The deposit amount is due and will be invoiced at the time you make the pre-order. The remaining amount of the pre-order is due and will be invoiced before shipping and delivery. Piavita’s general terms and conditions of sale do apply. Payment via bank transfer or credit card is possible.