Last Update: March 1 2018. This version
replaces all previous versions.
1.1 Scope of Application
1.1.1 All offers, orders, goods and services of OCAD Inc. shall be governed
exclusively by the following General Terms and Conditions (GTC). In any event, they
shall take prece-dence over differing terms and conditions, even those sent by
the buyer or printed on its correspondence. Amendments and subsidiary
agreements shall only be deemed valid if confirmed in writing by OCAD Inc.
1.1.2 By ordering a
product or a service, the customer confirms that he has taken note of and
accepted the contents of these General Terms and Conditions.
1.1.3 In addition
to the terms and conditions listed here, the licensing terms enclosed with the
respective OCAD editions shall apply (cf. below). By ordering the software the
license conditions are accepted. Subsequent return or exchange for a different
product is not possible.
Offers and Specifications
1.2.1 Offers made
by OCAD Inc. shall always be without obligation and are subject to change.
information on the OCAD editions received by the customer within the scope of
this ordering process are without obligation. Minor deviations from the
pictures or descriptions provided by us are possible. In particular, changes
are reserved which extend and improve the functionality of OCAD, as well as
errors in description, illustration and price information.
1.2.3 OCAD Inc. is
entitled to make partial deliveries.
1.2.4 Your order
shall be deemed an offer to conclude a contract in accordance with these
conditions. We do not assume any obligation to accept your order. If we accept
your order, we will send you an order confirmation. You will receive it by
e-mail. In the course of acceptance of the order, execution can also be started
immediately; in this case, you will not receive a separate order confirmation.
1.3.1 The delivery
will be processed within 1-2 working days after receiving the order. The
delivery of the goods is at the expense and risk of the customer.
ordered from the online shop is delivered directly by electronic download. Once
we have received payment approval from your credit card company or bank
trans-fer in advance, you will receive an email from us with instructions on
how to download and activate the software you ordered.
1.3.3 Delays in
deliveries on physical data carriers (e.g. USB stick) of customs clearance may
delay the delivery time.
Import and Export
1.4.1 Import duties
and taxes are levied by the customs authorities of the importing country. These
vary from country to country and can be up to several times the purchase price.
The customer is responsible for the payment of import duties and taxes as well
as compliance with import and export regulations of his country.
1.4.2 This software
is subject to export restrictions to be observed by the licensee.
otherwise stated, prices are quoted in Swiss francs (CHF), excluding VAT, fees,
duties, customs duties, transport, packaging, insurance, installation,
commissioning and training.
Country-specific taxes are shown after entry of the invoice recipient.
1.5.3 The listed
prices are subject to possible price changes.
Terms of Payment
1.6.1 In principle,
1.6.2 If you pay by
credit card, you must provide the necessary information on the order form and
at our payment service provider. The charge will be made when the ordered
products are dispatched or when the invoice is issued.
otherwise stated on the invoice, payment is due within twenty-one (21) days.
transaction costs and expenses shall be borne entirely by the customer.
Right of Return
1.7.1 In principle,
there is no right of return.
1.7.2 The right of
return / warranty right is only applicable within the following restrictions.
The use of the software is not possible due to technical restrictions on the
licensee’s server. The right of return is only granted if the customer has
granted OCAD Inc. the possibility of troubleshooting within five working days
via remote access on the in-stalled computer or server of the licensee and the
error is demonstrably not attributable to misconduct by third party plugins.
1.7.3 Any software
that we send to you is subject to the terms of the applicable license
agreements. These license conditions are delivered with all software products.
The license terms that are part of and incorporated into this Agreement by
reference are available to you prior to your purchase on our website
1.7.4 It is your
responsibility to ensure that the software or product software packages
(editions) you order meet your needs and are compatible with your existing
infrastructure and/or systems and processes.
Use of the Software and Warranty
1.8.1 The Licensee
is responsible for the risk of using the Software. OCAD Inc. and/or its
resellers make no representations regarding the suitability, reliability,
availability, accessibility and accuracy of the OCAD software or related
information, products and services. The software OCAD and related information,
products and services are provided “as is” without warranty of any kind. OCAD
Inc. and/or its resellers hereby exclude all relevant warranties and guarantees
– as far as legally permissible.
1.8.2 In particular,
OCAD Inc. does not guarantee or warrant that:
• the data entered by you in OCAD are stored correctly and are accessible at
• errors and defects of OCAD can be corrected.
1.8.3 In no case
OCAD Inc. and/or Reseller shall be liable for:
• any direct, indirect, immediate, indirect, incidental or consequential
damages or punitive damages,
• any other damages whatsoever, including, but not limited to, damages arising
from loss of use, lost data or lost profit resulting from the use or services
of OCAD, from the delay or impossibility of using OCAD, from the provision of
services or from the fact that no services have been rendered, or are somehow
related there-to, or for damages from information, software, computer hardware,
products or services that have become accessible through OCAD, or for damages
that other-wise arise through the use of OCAD, regardless of whether this is
based on con-tract, tort, negligence, strict liability or any other legal
reason, even if OCAD Inc. and/or its resellers have been informed of the
possibility of such damages. In particular, liability for slight and gross
negligence on the part of auxiliary persons is excluded.
1.8.4 OCAD Inc.
expressly draws attention to the fact that it is not possible according to the
state of the art to develop computer programs in such a way that they work
error-free under all conceivable conditions. The subject of any warranty by
OCAD Inc. is soft-ware which is basically usable in the sense of the program
1.8.5 OCAD Inc.
does not guarantee that the program functions meet the customer’s requirements
or are suitable for a specific project.
Unless expressly assured in writing, OCAD Inc. assumes no warranty for the
compatibility of delivered software with any other programs or hardware
components. From the fact that OCAD Inc. acts as a provider of services for
products, no obligation or guarantee can be derived for the solution or removal
of problems connected with OCAD.
1.8.6 The maximum
liability of OCAD Inc. for breach of contract, tort (including negligence) or
for any other reason is limited to the amount you owe OCAD Inc. for the
products and/or services in question.
Standby and Reaction Times
otherwise agreed, the readiness and reaction times of the respective con-tracts,
in particular the support contract, shall apply. The general contact person for
all customers of OCAD Inc. is customer service.
times are based on business hours. Public holidays at the service provider’s
registered office are not covered by these availability times.
1.9.3 Liability for
non-compliance with the Service Levels is only given if OCAD Inc. is
responsible for the non-compliance. This does not apply in particular to:
• failures for which we are not directly responsible. In particular breakdowns
at third party suppliers.
• losses caused by the customer.
• failures due to improper use or repair of customer hardware or software.
1.9.4 We do not
claim ownership of your Content. You retain all rights and property rights to your
Applicable Law and Place of Jurisdiction
contract shall be governed by Swiss law, with the exception of conflict of law
provisions and the UN Sales Convention. Application of the Convention for the
International Sale of Goods (CISG) of 11.04.1980 in its currently valid version
1.10.2 Place of
jurisdiction is the registered office of OCAD Inc. However, OCAD Inc. may also
appeal to the court at the customer’s place of business.
provisions of this contract be or become invalid, this shall not affect the
validity of the remaining provisions. Instead of the ineffective provision or
to fill any gaps in the contract, an effective and appropriate provision shall
be made which comes as close as possible to what the parties wanted according
to the economic objective.
Baar, March 1 2018