GENERAL TERMS AND CONDITIONS
1. Scope
For the use of this website as well as the business relations between misa:mi ARCHITEKTEN GmbH and the customer, the following General Terms and Conditions (GTC) apply in the version that is currently available and valid when calling up the website or ordering goods. The offer on this website is directed exclusively to customers with Swiss residence.
A customer is any natural or legal person who has a business relationship with misa:mi ARCHITEKTEN GmbH. The GTC, the terms of delivery and payment as well as the privacy policy may be subject to adjustments from time to time. misa:mi ARCHITEKTEN GmbH asks that you read these terms carefully each time you visit the website and order goods.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of misa:mi ARCHITEKTEN GmbH in order to be valid. The customer confirms with the use of this web page and/or with an order of goods these GTC including delivery and terms of payment comprehensively to recognize.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is misa:mi ARCHITEKTEN GmbH > Impressum
2. Information on this website
This website contains information about products and services. We reserve the right to make price and product range changes as well as technical changes. misa:mi ARCHITEKTEN GmbH makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly laid out, but no guarantee can be given for this, either explicitly or implicitly.
All offers on this website are subject to change and are not to be understood as a binding offer.
3. Delivery times
misa:mi ARCHITEKTEN GmbH cannot guarantee that the listed products are available at the time of the order. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
Delivery times are given as accurately as possible, but are always non-binding. If a delivery date cannot be met, the buyer is not entitled to revoke the order or to claim any damages.
4. Prices
Unless otherwise stated, product prices are in Swiss francs (CHF) and exclusive of value added tax (VAT) and other applicable taxes. Technical changes, errors and misprints are reserved. In particular, misa:mi ARCHITEKTEN GmbH may change prices at any time without prior notice.
5. Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from misa:mi ARCHITEKTEN GmbH. With the order via this website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. misa:mi ARCHITEKTEN GmbH will then send an automatic “Order Confirmation” by email, which confirms that the customer’s offer has been received. Placed orders are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as misa:mi ARCHITEKTEN GmbH sends a declaration of acceptance by email, in which the invoice of the ordered products or services is enclosed. misa:mi ARCHITEKTEN GmbH may refuse an order without giving reasons.
Services will not be started until payment is received in full. If it turns out after the conclusion of the contract that the ordered services cannot be fulfilled or cannot be fulfilled completely, misa:mi ARCHITEKTEN GmbH is entitled to withdraw from the entire contract or from one part of the contract. If the customer’s payment has already been received by misa:mi ARCHITEKTEN GmbH, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. misa:mi ARCHITEKTEN GmbH is not obligated to make a replacement delivery in the event that the contract is terminated.
6. Payment options
The customer has the payment options specified in the order process. misa:mi ARCHITEKTEN GmbH reserves the right to exclude customers from individual payment options without giving reasons.
The customer is obliged to pay the invoiced amount within 30 days from the invoice date. Unless he has already paid the amount during the ordering process via credit card, Paypal or other payment systems. If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he is automatically in default. misa:mi ARCHITEKTEN GmbH may charge interest on arrears of 5% per year in the event of late payment by the customer, as well as a reminder fee of a maximum of CHF 20 per reminder.
Offsetting of the invoiced amount against any claim of the customer against misa:mi ARCHITEKTEN GmbH is not permitted. The Company has the right to refuse to provide the service or to deliver the product in case of late payment.
7. Right of withdrawal
The customer is granted a right of withdrawal for 10 calendar days after receipt of the order confirmation by e-mail. The deadline is considered to be met if the customer sends the written revocation by e-mail or letter to misa:mi ARCHITEKTEN GmbH within the deadline. The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. Any payment already made will be refunded to the customer within 20 calendar days.
8. Rights and obligations of misa:mi ARCHITEKTEN GmbH
Unless otherwise agreed, misa:mi ARCHITEKTEN GmbH fulfills its obligation by providing the agreed service. The service includes the services that were published online at the time of the conclusion of the contract. However, misa:mi ARCHITEKTEN GmbH does not guarantee the goal to be achieved. misa:mi ARCHITEKTEN GmbH only guarantees the provision of the promised services in accordance with the standard of care customary in the industry.
The majority of the service is provided online. For all other services, the registered office of misa:mi ARCHITEKTEN GmbH shall be the place of performance, unless otherwise agreed.
Work that does not fall within the scope of duties or the respective product applicable service catalog can be rejected or charged to the customer according to the effort incurred for it.
misa:mi ARCHITEKTEN GmbH treats information that becomes known in the course of the assigned orders and projects as confidential. Non-disclosure agreements are signed at the customer’s request. misa:mi ARCHITEKTEN GmbH undertakes to perform the assigned tasks carefully and responsibly.
Unless otherwise agreed, misa:mi ARCHITEKTEN GmbH reserves the right to engage auxiliary persons and substitutes for the fulfillment of its contractual obligations. In doing so, it shall be ensured that the auxiliary person is called in in compliance with all mandatory statutory provisions and any collective labor agreements.
Delivery dates are generally to be regarded as non-binding. Stated dates correspond to the respective planning status. In case of non-compliance, misa:mi ARCHITEKTEN GmbH shall be granted a reasonable grace period. misa:mi ARCHITEKTEN GmbH assumes no responsibility for any delays that may occur, especially if they are caused by third parties or by changes made at the customer’s request. misa:mi ARCHITEKTEN GmbH is not liable in cases of force majeure.
misa:mi ARCHITEKTEN GmbH is entitled to send all communications to the customer by e-mail, general correspondence, offers, invoices and payment reminders.
If the customer wishes the premature termination of the contract despite a valid contract and if a cooperation is no longer possible due to a lack of support on the part of the customer, misa:mi ARCHITEKTEN GmbH can voluntarily agree to the premature termination of the contract. The lump sum compensation will be retained by misa:mi ARCHITEKTEN GmbH in this case and a pro rata reclaim of the customer is excluded.
9. Rights and obligations of the customer
The customer undertakes to cooperate as well as to meet set deadlines so that misa:mi ARCHITEKTEN GmbH, for its part, can optimally provide the desired services. This includes, but is not limited to: timely written instructions and directions, budget and timelines, and forwarding all necessary information. The customer is solely responsible for the legal admissibility of the data and information supplied by him; the same applies to the protection of the rights of third parties, in particular with regard to copyright, competition law and criminal law.
After delivery, the customer must immediately inspect the service and notify misa:mi ARCHITEKTEN GmbH of any defects or errors in writing by e-mail within 5 days of delivery of the product at the latest. If the complaint is not made within the above period, the product is considered approved.
Complaints regarding services which misa:mi ARCHITEKTEN GmbH has rendered within the scope of its creative freedom (concepts, designs, drafts, etc.) are not possible, since such services are always subjective representations which are not accessible to objective assessment. If there are material or legal defects for which misa:mi ARCHITEKTEN GmbH is responsible and which impair the functionality of the delivered product, misa:mi ARCHITEKTEN GmbH will remedy the defects. Substitute performance by the customer is excluded.
The customer is obliged to use the services offered to it in an orderly manner. The right of the Customer to use the Services is non-transferable and exists only for the Customer or their companies and employees. In the case of a transfer of certain rights of use, the customer is responsible for informing the respective third parties and is also liable for them in principle.
By registering, the customer undertakes to provide correct and complete information. These include, if available, a company, contact person, postal address, telephone number as well as e-mail address. The customer is obliged to notify misa:mi ARCHITEKTEN GmbH within 10 days in case of important changes in order to avoid difficulties in contacting and delays.
Unless otherwise agreed in writing, all rights (in particular copyright and copyrights, design, pattern and model rights) remain with misa:mi ARCHITEKTEN GmbH. If a transfer of the aforementioned rights to the customer has been agreed in writing, this shall only take place after full payment of the price. The client is entitled to use the designs created by misa:mi ARCHITEKTEN GmbH within the scope of the order. If order documents are handed over to the client in whole or in part, they may be used by the client exclusively within the scope of the order; in particular, these documents may not be used for other purposes or by other producers. The client has to inform misa:mi ARCHITEKTEN GmbH about further uses. misa:mi ARCHITEKTEN GmbH is entitled to all property rights to the work result, in particular the copyright, insofar as the work result was achieved by means of creative services. The same applies to the sketches, drafts, design proposals, templates, originals, photographic works, generated data, data recordings (digitization and data storage) and data carriers produced in the course of the fulfillment of the order.
The customer agrees that data about his person may be stored and transmitted to third parties as necessary. Unless otherwise agreed, the customer agrees that pictures, plans and sketches of the respective finished project may be used on the homepage of misa:mi ARCHITEKTEN GmbH for advertising purposes. In the case of private individuals, publication takes place without the first and last names being given. Projects for companies are published with the corresponding company name and linked to its homepage.
10. Liability
misa:mi ARCHITEKTEN GmbH excludes any liability, regardless of its legal basis, as well as claims for damages against misa:mi ARCHITEKTEN GmbH and any auxiliary persons and vicarious agents. misa:mi ARCHITEKTEN GmbH is in particular not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.
misa:mi ARCHITEKTEN GmbH uses hyperlinks only for the simplified access of the customer to other web offers. misa:mi ARCHITEKTEN GmbH can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
11. Data protection
misa:mi ARCHITEKTEN GmbH may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of the service may also be passed on to contracted service partners or other third parties.
The further data protection provisions are available under the following link: > Datenschutz
12. Further provisions
misa:mi ARCHITEKTEN GmbH expressly reserves the right to change these GTC at any time and to put them into effect without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Zurich, unless the law provides for mandatory places of jurisdiction.
13. Contact
If you have any questions about these terms and conditions, please contact > Impressum
Zurich, 01 November 2022