Terms and Conditions HiveWatch Products

Terms and Conditions – Hivewatch (Version 1.8, from 11 November 2018)

1) General Terms / Scope

1.1 The following general terms and conditions (hereinafter referred to as the “Terms and Conditions”) of FPGA Company GmbH (hereinafter referred to as “HiveWatch”) apply to orders for goods from the range of products offered by the Swiss online shop (www.hivewatch.ch) in its form applicable at the time of order placement as well as for orders placed outside of the online shop, including direct sales or sales made through a HiveWatch dealer (in person, by phone or via e-mail). These Terms and Conditions also apply to all services – whether provided for a fee or otherwise – that HiveWatch provides. The current and binding version of the Terms and Conditions is published online at www.hivewatch.ch in German.

1.2 The Terms and Conditions constitute an integral part of the contract concluded between HiveWatch and the customer. Provisions divergent from these Terms and Conditions shall only be legally binding if expressly accepted by HiveWatch in writing. Contradictory terms or conditions set forth by the customer are hereby disallowed.

1.3 The range of products offered in the Swiss online shop is intended for persons and companies with delivery addresses in Switzerland. Customers outside of Switzerland are permitted to place orders in euros, but the prices shown are net and do not include local value added tax.

2) Order Transaction and Conclusion of Contract

2.1 The customer may select goods from the range of products offered by the HiveWatch online shop and directly initiate the transaction.

2.2 By clicking on the “Order” button, the customer tenders a binding offer to purchase the goods in the shopping cart and accepts these Terms and Conditions.

2.3 The e-mail response automatically sent to the customer documents receipt of the customer’s order by HiveWatch, but does not constitute acceptance of the offer to buy.

2.4 A contract is only deemed concluded with the declaration of acceptance by HiveWatch, which is sent as an order confirmation via e-mail to the buyer or, at the very latest, with the dispatch of the goods ordered or notification that they are ready for pickup.

2.5 If the goods ordered are unavailable, HiveWatch reserves the right to decline the buyer’s offer, thus without conclusion of contract. In such an event, the customer will be notified by e-mail and any payments already made for goods ordered will be refunded.

2.6 HiveWatch reserves the right to limit the quantity of goods ordered or, in cases where only some of the goods ordered are available, to accept the customer’s offer in part, thus concluding a contract for only those goods. In such an event, the customer will be notified by e-mail and any payments already made for the other part of the customer’s order will be refunded.

2.7 If after conclusion of the contract it is determined that some or all of the goods ordered cannot be provided due to force majeure or other reasons beyond the control of HiveWatch, HiveWatch is entitled to cancel the contract either in whole or in part. In such an event, the customer will be informed by e-mail and any payments already received for the relevant goods will be refunded to the buyer in full (in the case of cancellation in whole) or for those that are non-deliverable (in the case of cancellation in part). The customer is precluded from any further claims or remedies.

3) Deliveries

3.1 HiveWatch is entitled to dispatch partial deliveries. Subsequent deliveries will be made immediately upon provision. Dispatch or delivery deadlines provided by HiveWatch are non-binding and provisional. If a specified delivery or collection deadline is not met by HiveWatch, the customer is entitled by written notice to HiveWatch to set a deadline for performance of no less than 30 days (grace period). Upon expiration of the grace period the customer may withdraw from the contract with respect to those goods not shipped or ready for pickup. In this event, any payments already made for non-delivered goods will be refunded to the customer. The customer is precluded from any further claims or remedies.

3.2 If the customer chooses delivery of goods ordered, he will be notified by e-mail upon consignment to the carrier for shipment. The choice of carrier is at the sole discretion of HiveWatch. The customer assumes all risk of transport upon consignment of the goods to the carrier. In order to safeguard possible transport claims against the carrier and/or insurer, the customer is obligated to thoroughly inspect the goods for integrity and completeness upon acceptance of the shipment. The customer is obligated to inform the carrier at the time of delivery in detail of any discrepancies or externally visible damage to the shipment. Concealed transport damage or quantity discrepancies must be reported immediately (within five days) to HiveWatch Customer Service (tel: +41 32 510 20 47 or e-mail: support@hivewatch.ch). Unconditional acceptance of delivery in cases of externally visible transport damage or quantity discrepancies precludes any claim against the carrier and/or insurer. Claims for concealed damages or quantity discrepancies must be submitted within five days after receipt of goods. The customer is obligated to accept delivery. If a shipment proves to be undeliverable and is returned by the carrier to HiveWatch, HiveWatch reserves the right without remedy to the customer to waive subsequent performance of its obligations with respect to the undelivered goods. HiveWatch is also entitled to compensation for non-performance of contract. A voluntary right of return on the part of the customer (see par. 6) with regard to the undelivered goods is precluded.

3.3 If the customer chooses to pick up the goods, he will be notified by e-mail when the order is ready for pickup. The customer assumes all transport risk upon notification of consignment availability. The customer is obligated to present to the consignor the pickup availability notification together with appropriate photo identification issued by a public authority (driver’s license, passport, identity card, etc.). The customer is obliged to take receipt of the goods within ten days upon receiving notification of pickup consignment. If the customer does not take possession within the ten-day period, HiveWatch reserves the right without remedy to the customer to waive subsequent performance of its obligations for the uncollected goods and is also entitled to compensation for non-performance of contract. A voluntary right of return on the part of the customer (see par. 6) with regard to the uncollected goods is precluded.

4) Price and Payment

4.1 All prices in the Swiss online shop are quoted in Swiss francs (CHF) and are inclusive of the legally mandated VAT.

4.2 For orders from abroad (Germany, Austria, Italy, France, Luxembourg) prices are provided in euros (EUR) ex works and exclusive of applicable country-specific value-added taxes.

4.3. For orders from countries other than those listed in par. 4.1 and 4.2, please contact us directly via e-mail or telephone. The prices quoted for goods do not include support services or installation. Prices are subject to change. HiveWatch reserves the right to correct any errors or omissions. Payment in advance or by credit card (Visa, MasterCard or Postfinance) is required. Payments are processed via our online payment service provider Wallee.com. At the request of the customer and subject to approval by HiveWatch, other payment options for subsequent purchases may be possible by special arrangement.

4.4 Shipping and any additional costs (e.g. payment or transaction surcharges based on the means of payment) are shown separately and additionally charged to the customer.

4.5 HiveWatch reserves the right to verify credit and address information provided by the customer, who assents to the transmittal of data provided to third parties for this purpose. Verification may rely on information provided by the customer as well as that provided by third parties. Only those payment options indicated to the customer at the conclusion of the order process will be accepted.

4.6 The price accepted, shipping costs, and any additional costs (see clauses 4.2 and 4.3) are immediately due for payment. The customer shall be in default for payment without further notice upon first delivery of goods or delivery attempt (see section 3.2), first pickup of goods or ten days after notification of availability for pickup (see section 3.3), respectively, upon expiration of the payment deadline for the payment option “purchase on account”. All fees for payment requests and reminders as well as interest on arrears will accrue to the customer until outstanding obligations have been paid in full. Further expenses and outlays by HiveWatch or other parties in connection with the collection or recovery of outstanding obligations (including all collection costs), in particular, fees for the transfer of the claim to a collection agency, shall be borne by the customer (see par. 10). HiveWatch also reserves the right, after expiration of a grace period of no less than ten days, to decline subsequent fulfilment of obligations to the customer in whole or in part, to demand return of goods already delivered in whole or in part, and to request compensation for non-performance of contract.

5) Retention of Title

All goods shall remain the property of HiveWatch until full payment of all claims arising from or in connection with the purchase agreement.

6) Offering

HiveWatch reserves the right to alter its prices, products and technology. All tenders are subject to confirmation and not to be construed as a binding offer. All advertised information (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood as provisional in nature; in particular, they represent no warrant of suitability or availability of specific features. All product descriptions, pictures, photographs, text and media data are subject to the sole right of use by HiveWatch.

7) Right of Return

A right of return of the goods purchased is precluded. A refund of the purchase price is precluded.

8) Assurances and Warranties (Guaranty)

8.1 HiveWatch warrants its products to be free of defects in material or manufacturing for a period of two years from the date of invoice. HiveWatch assumes no liability for effects of normal wear and tear or improper use.

8.2 Further warranty claims such as for rescission (reversal of the purchase contract due to defects in the item purchased) or price reduction are precluded.

8.3 HiveWatch shall only be liable for damages due to wilful intent or gross negligence. Liability for indirect damages or damages due to negligence is precluded. In particular, HiveWatch disclaims liability for the costs of any consequential loss resulting from the use of defective parts. Liability for HiveWatch personnel and for damages resulting from violation of product safety regulations shall be precluded to the extent permitted by law.

8.4 During the warranty period, HiveWatch shall undertake to remedy any defects in the product at no charge by means of repair or replacement. Repairs are to be carried out exclusively by HiveWatch. Return shipment for repair or replacement remains the obligation of the customer. More specific details regarding repair are to be found in par 9. Further warranty claims such as rescission (reversal of the purchase contract due to defects in the purchased item) or price reductions are precluded. In case of a defect, the customer is not entitled to a refund of the purchase price. The product in question will in each and every case be carefully inspected by HiveWatch. HiveWatch will at its sole discretion either remedy (repair) any defects, provide a replacement product in exchange, or refund the purchase price upon return of the product. The warranty period begins with the purchase of a product (the invoice date) and expires two years later.

8.5 The customer is obligated to notify HiveWatch in writing (to support@hivewatch.ch) of any defect within eight days of discovery; otherwise any claim of warranty shall be forfeited.

8.6 Replacement of a product under warranty with new goods does not restart the warranty period. The warranty covers all manufacturing and material defects. Damage due to improper handling (operator error) or otherwise caused by the customer or a third party or through the actions of unauthorized persons are precluded from warranty. Parts subject to wear and tear or replacement (e.g. batteries, lamps, etc.) and parts that have been damaged or altered by improper handling or installation or due to inadequate maintenance are precluded from warranty.

• Devices that have been tampered with will not be repaired and are precluded from any claims of warranty.

• The customer assumes all costs for non-warranty work or inspections.

• The customer is not entitled to a substitute device (“loaner”) during the time of servicing or repair.

• A warranty claim shall only exist if a valid sales contract has been concluded.

9) Repairs

9.1 Should repair become necessary, the device can be returned to HiveWatch. In the case of a return, the customer is obligated to ensure that the device is safely and securely packaged for transport. Unless otherwise noted, the customer bears the costs of the return shipment as well as the risk of transport. HiveWatch assumes no liability for returned items or materials not within the scope of the product as originally delivered. The customer is requested to include a detailed error description with the returned device. To assert a claim of warranty and before the return of any product, the customer shall contact HiveWatch by telephone or e-mail (support@hivewatch.ch).

9.2 This warranty does not supersede your statutory warranty rights and is governed by the laws of the country where the product was initially purchased by the end user.

9.3 In the event of a defect in a customer’s product covered by this warranty, HiveWatch warrants with this guarantee the repair or replacement of said product. The decision to repair or replace a device shall be determined by HiveWatch. At its discretion, HiveWatch may choose to replace the device returned for warranty repair with a refurbished device of the same quality. No warranty is given for batteries, rechargeable or otherwise, or for consumables. If in the course of repair it is determined that a defect is not covered by warranty, HiveWatch reserves the right to charge the customer a handling fee to recover applicable costs and upon submission of a price estimate to charge for materials and repair work performed. Upon such notice, it is the decision of the customer as to whether the work should be undertaken.

9.4 Exclusions HiveWatch assumes no liability for failure or damage due to external influences, accidental damage, improper use, alterations, modifications, the use of non-authorized parts, neglect, viruses or software errors, improper transport, improper packaging or loss when returning a product. The warranty is void if the damage or defect is due to service or repair performed by someone other than a HiveWatch employee. The warranty is also void if labels or serial numbers or any part of the device have been altered or rendered illegible.

10) Online Services

10.1 HiveWatch cannot guarantee the continuous, uninterrupted functioning of its services or specific transmission times and capacities, nor can it ensure the security of its network against unauthorized access or interceptions. In the performance of its contract, HiveWatch may at any time engage the services of third parties.

10.2 The customer is obligated to disclose to HiveWatch his or her current name, address, etc. and to report any changes promptly online. This also applies in the case of a transfer of the system to a third party. The customer is obligated to immediately report to HiveWatch any unauthorized use or loss/theft with respect to its system or SIM card. Furthermore, the customer is obligated to promptly pay all subscription fees in accordance with par. 6.

10.3 Modifications of prices or discounts for HiveWatch services will be communicated in a timely manner to the customer and will be implemented subsequent to the expiration of the current subscription period. Should the customer be significantly disadvantaged by such an adjustment, he is entitled to terminate the contract effective with commencement of the new subscription price. This right of termination expires once any such new prices or rebates have taken effect. In the case of alterations to applicable tax rates or other duties, HiveWatch is entitled to accordingly adjust its tariffs without advance notice. In such cases, the customer has no right of termination.

10.4 The service agreement begins no later than with the initial activation of the radio transmitter and subscription. The service agreement is valid indefinitely. The customer may choose from among various subscription plans in order to profit from better terms. The subscription may be terminated by the buyer in writing or by e-mail before the end of the current subscription period. Unless terminated, the duration of the service agreement will be tacitly renewed at the end of the current subscription period for one (1) year at the currently valid subscription price. Termination must be made in due time in accordance with these Terms and Conditions and submitted in writing (to abo@HiveWatch.ch) or by mail to FPGA Company GmbH, Nauenstrasse 53, 8632 Tann, Switzerland.

11) Data Privacy and Nondisclosure

HiveWatch is committed to handle customer data with utmost care and diligence and to comply with data protection regulations. HiveWatch processes personal customer data in strict compliance with the applicable provisions of the Swiss Data Protection Act. HiveWatch uses personal data for the contractual and lawful processing and fulfilment of the services offered, for maintenance of the customer relationship, and for the development, preparation and provision of services in accordance with customer needs. For marketing purposes, the data will be used for a maximum of 24 months after its origination. By written notification, the customer may disallow the processing of his data for marketing purposes at any time. This can be done by sending notification via e-mail to abo@HiveWatch.ch. It should be noted that in other countries, the storage, processing and transfer of personal data may be subject to regulations other than those applicable in Switzerland. As part of the processing of personal data necessary for the conclusion or performance of a contract, HiveWatch may receive data from or disclose data to administrative authorities, as well as companies entrusted with debt collection or credit reporting, for the purposes of verifying creditworthiness or to assert a claim.

12) Use of Weight Data

The measurement and weight data are the property of HiveWatch and are provided to the customer for private use. Commercial use of the data is only possible upon prior written approval by HiveWatch. HiveWatch reserves the right to anonymize and transfer data, solely for research purposes, to third parties.

13) Telephone or Internet Misuse

When using HiveWatch services, the customer is obligated to comply with these Terms and Conditions, all other contractual conditions, and all applicable statutory provisions. In particular, its services may not be used for criminal purposes or intents.

14) Other Agreements

To be considered valid, subsidiary agreements and supplements to this contract must be in writing. The customer may transfer his or her rights and obligations under this agreement to third parties only after written notice to HiveWatch. HiveWatch is entitled to transfer the agreement without consent of the customer.

15) Changes / Additions

HiveWatch expressly reserves the right as necessary to make additions or modifications to the present Terms and Conditions at any time and without prior notice in accordance with the circumstances. The current version of the Terms and Conditions is available at www.hivewatch.ch.

16) Validity, Jurisdiction and Governing Law

16.1 Should one or more provisions of these Terms and Conditions be found ineffective, this shall not affect the validity of the remaining provisions.

16.2 Swiss substantive law shall apply to this contractual relationship to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods concluded in Vienna on April 11, 1980). The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement is — subject to divergent mandatory jurisdiction under federal law — Zurich.