General Terms and Conditions (GTC)
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.
1.2. Offers and Specifications
1.2.1 Offers made by OCAD Inc. shall always be without obligation and are subject to change.
1.2.2 All 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. Delivery Conditions
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.
1.3.3 Software 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.
1.4 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. https://www.admin.ch/opc/de/classified-compilation/20000358/index.html
1.5.1 Unless otherwise stated, prices are quoted in Swiss francs (CHF), excluding VAT, fees, duties, customs duties, transport, packaging, insurance, installation, commissioning and training.
1.5.2 Country-specific taxes are shown after entry of the invoice recipient.
1.5.3 The listed prices are subject to possible price changes.
1.6 Terms of Payment
1.6.1 In principle, prepayment applies.
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.
1.6.3 Unless otherwise stated on the invoice, payment is due within twenty-one (21) days.
1.6.4 Bank transaction costs and expenses shall be borne entirely by the customer.
1.7 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 www.ocad.com
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.
1.8 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 any time,
• 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 description.
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.
1.9 Standby and Reaction Times
1.9.1 Unless 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.
1.9.2 Availability 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 content.
1.10 Applicable Law and Place of Jurisdiction
1.10.1 This 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 is excluded.
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.
Should individual 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