For the product"CARU air"
These general terms and conditions (hereinafter"GTC") of CARU AG, registered in the commercial register of Zurich (CHE-327.800.638), Switzerland, (hereinafter "CARU" ) contain the conditions for the purchase and use of the CARU air device (s) (hereinafter "CARU air" ) with the functions as described on www.caruair.com for non-commercial use. A contract is concluded through the written order confirmation or through dispatch and invoicing.
The male language form used for"customer"is used for simplification and also applies to all other gender expressions.
CARU can change these terms and conditions at any time. The customer will be notified of the changes by e-mail or in another suitable manner (online). The respectively binding version of the terms and conditions can be viewed at www.caruair.com.
Delivery and right of withdrawal
- After ordering, CARU CARU air delivers to the customer within a reasonable time (free of charge and usually within 5 working days if the delivery is in Switzerland). However, CARU cannot guarantee a fixed delivery date. For deliveries abroad (outside of Switzerland), the customer will be charged the statutory taxes (e.g. VAT) in the destination country and possible customs duties by the carrier.
- CARU grants the customer a voluntary right of withdrawal. The customer is entitled to revoke his declaration of intent for the conclusion of the contract without giving reasons within 14 days in writing. The period begins on the day the CARU air is received by the customer. The timely sending of the cancellation is sufficient to meet the cancellation deadline. The revocation must be sent to email@example.com or CARU AG, Weberstrasse 3, CH - 8004 Zurich. The customer bears the burden of proof for the return of the CARU air. In the event of an effective cancellation, both parties must reimburse the services already received. If the customer can only return the received CARU air in a deteriorated condition, he must compensate CARU for the value. The customer has to bear the costs and risk of the return, unless the CARU air delivered is defective. CARU will exercise its right of retention until the CARU air has been returned in full.
Use of the CARU Smart Sensor
- The customer acknowledges that he may only use the CARU air as described on www.caruair.com, i.e. in particular to indicate the CO2 level in rooms.
- CARU provides support to every customer by email and hotline on working days in the city of Zurich (Switzerland) from 9:00 a.m. to 5:00 p.m. CET in German and English as quickly as possible, but no later than within one working day. This support includes answering questions, customer-specific technical advice and guidance.
- The support services do not include any on-site services from CARU.
Audit obligation and warranty
- Irrespective of the right of withdrawal under section 1.2, the customer undertakes to check the CARU air that has been purchased within 14 days of receipt and to report any damage to the CARU hardware. If the customer does not report any damage to CARU within the specified 14 days, the hardware of the CARU air purchased is deemed to be approved free of defects.
- CARU guarantees the customer that, when used correctly, the functionalities do not deviate so far from the description that their suitability for the purposes described is abolished or significantly reduced. Any further guarantee is excluded.
- If a defect occurs for which CARU is subject to a warranty in accordance with Clauses 4.1 or 4.2 above, the customer is initially only entitled to the defect being remedied free of charge by CARU within 30 days of receipt of the report by CARU. The customer must support CARU to a reasonable extent in analyzing the causes and conditions of the error and in correcting it.
- If CARU does not succeed in remedying the defect subject to warranty within 30 days of receipt of the notification by CARU, the customer is only entitled to a replacement of the device in the case of clause 4.1 and to withdraw from the contract in the case of clause 4.2.
- The warranty obligation of CARU according to this clause 4 does not apply to the extent that a deviation from the permitted use described in this contract according to clause 2 of this contract, or a deviation from the applications described, or is due to circumstances for which CARU is not responsible , such as in particular:
- Incorrect use or manipulation of the CARU air by the customer or other users;
- Changes to the CARU air by the customer or other users;
- Warranty claims expire two years after delivery of the CARU air.
Purchase price, terms of payment and any other fees
- The customer undertakes to pay the purchase price including VAT for the purchased devices and fees according to the invoice and any additional fees owed.
- The contracting parties treat all information about the other contracting party confidentially, provided that this information is neither obvious nor generally accessible, and protect it from unauthorized access by third parties.
Liability for Damage and Indemnification
- The customer is liable to CARU for compliance with this contract and for the actions, omissions and violations of these terms and conditions on the part of the user as if they were his own.
- Should users of customers or relatives of users as well as other third parties, to whom the customer makes a CARU Smart Sensor available for use, assert claims against CARU, the customer undertakes to indemnify CARU in full.
- CARU strictly adheres to the Payment Card Industry Data Security Standard (PCI DSS) and refers to the terms and conditions of the payment processor with regard to payment processing via the Internet.
- CARU's liability for any damage is excluded to the extent permitted by law. CARU rejects liability for the non-contractual use of the CARU air according to No. 2 of these terms and conditions.
- The application of any general terms and conditions of the customer is excluded.
- Should one or more provisions of this contract including the General Terms and Conditions be or become ineffective, the validity of the remaining provisions remains unaffected. Ineffective provisions are to be replaced by provisions that come closest to the intended economic purpose of the ineffective provision.
- A transfer of this contractual relationship between the customer and CARU and the rights and obligations granted under it is only permitted if provided for in the terms and conditions.
Applicable Law and Jurisdiction
- Substantive Swiss law applies to the contractual relationship between the contracting parties, excluding the UN sales law and international conflict of laws.
- The ordinary courts at the headquarters of CARU are exclusively responsible for disputes. However, CARU is entitled to take legal action against the customer in the ordinary courts at his seat. Different compulsory places of jurisdiction under federal law are reserved.