Section 1 Scope
- These General Terms and Conditions (hereinafter “General T&Cs”) apply to all legal transactions which are concluded via the website com/spinetix (hereinafter “website”). The website is operated by Littlebit Technology AG, Bösch 83, 6331 Hünenberg, Switzerland (hereinafter “Littlebit”).
- The products and services illustrated on the website are aimed exclusively at business customers with a value-added tax number (VAT no.) with domicile in Switzerland, Lichtenstein or Germany.
- Littlebit reserves the right to change these General T&Cs at any time. The version of the General T&Cs applicable at the time of ordering is binding in each case.
- Any of the purchaser’s conditions that deviate from these General T&Cs apply only when and only insofar as they have been expressly confirmed in writing by Littlebit.
Section 2 Contract conclusion
- All information concerning products and services and images of products contained on the website serve as an illustration and do not represent an offer. This information and these images may be changed at any time. The prices are understood, unless otherwise agreed, in EUR for customers from Germany or CHF for customers from Switzerland and Lichtenstein excluding VTA, but including delivery costs. The corresponding delivery and dispatch costs are indicated on the website and are to be borne by the purchaser. Littlebit expressly reserves the right to change the prices at any time. Price adjustments are made due to manufacturers changing their prices, a modified market situation or exchange rates.
- The customer can choose from the range of products presented on the website and collect them in a so-called shopping basket via the button “add to shopping basket”. The customer submits a binding request to purchase the goods in the shopping basket via the button “pay for order”. Before sending the order, the purchaser can change and review the data at any time. The request can, however, only be submitted and sent when the customer accepts the contract conditions (General T&Cs) by clicking on a correspondingly marked field and has included them in their order as a result. Littlebit then sends the purchaser an automatic receipt confirmation by email in which their order is again listed and which the customer can print out using the “print” function. The automatic receipt confirmation only documents that the purchaser’s order was received by Littlebit. It does not represent acceptance of the request. The contract only enters into force when the provider gives the notice of acceptance which is sent in a separate email (order confirmation), but at the latest upon shipping of the goods. The General T&Cs approved and accepted by the customer will be included with the order confirmation. The customer receives the order confirmation on a permanent data carrier (email or paper print-out). The contract between the customer and Littlebit, consisting of customer’s offer and order confirmation from Littlebit and General T&Cs and data privacy statement approved and accepted by the customer, is stored to safeguard data protection.
Section 3 Payment conditions
- The purchaser is required to make advance payment to Littlebit. Littlebit is therefore only required to render its service to the purchaser as soon as the purchaser has fulfilled its payment obligation.
- Littlebit’s purchase price demand to the purchaser is due upon conclusion of the contract. Upon expiry of the deadline mentioned in the invoice, the purchase falls into default in accordance with the statutory requirements without a warning being necessary.
- The purchaser is required to make their payments in EUR, as far as they come from Germany, and in Swiss Francs, as far as they come from Switzerland. Bank transfer, PayPal and credit cards (VISA, MasterCard) are exclusively accepted as payment methods. Other payment methods are not accepted.
- If the purchaser falls into default, Littlebit is entitled to charge interest of 5%.
Section 4 Delivery and acceptance
- Delivery times indicated by Littlebit are calculated from the time of order confirmation, on condition of prior payment of the purchase price. As far as a delivery deadline has not been indicated for the respective product on the website, it is generally 30 working days. Littlebit will always endeavour to meet the calculated delivery deadlines even if unforeseeable difficulties occur. Littlebit therefore accepts no guarantee of adhering to delivery deadlines. Any damage compensation claims are excluded, provided this is legally permissible.
- Notwithstanding the indicated delivery date, the purchaser is contacted prior to shipping and the specific delivery date is communicated, if applicable the delivery date will also be modified by mutual agreement.
- Orders will be delivered by a contracted carrier on the notified date. The delivery address indicated by the purchaser must be easily reachable by heavy goods vehicle.
- The risk for the product ordered by the purchaser passes to the purchaser upon acceptance by them.
- The purchaser is required to accept the product ordered by them. Following acceptance of the product, the purchaser is required to check the product delivered to them. Incorrect, incomplete or damaged products must be notified to Littlebit within five working days from the time of delivery.
- In the event of delayed acceptance by the purchaser, the following applies:
If the purchaser does not accept the ordered product on the agreed or notified delivery date, Littlebit is entitled to withdraw from the contract and invoice the purchaser for the resulting delivery costs and an administrative charge of 25% of the order value, but at least EUR 75.00 for purchasers from Germany or CHF 75.00 for purchasers from Switzerland.
- In the case of delayed delivery by Littlebit, the purchaser is entitled to withdraw from the contract after the 30th calendar day from the delivery date communicated to them. The purchase price paid by the purchaser will be reimbursed in full. There are no further claims against Littlebit beyond this.
Section 5 Guarantee
- Warranty is expressly and completely excluded. Instead, Littlebit gives the customer a guarantee of two years for the ordered product from the date of acceptance of the product by the customer (so-called guarantee time).
- Replacement or repair of the product are considered exclusively as guarantee services. The decision whether a replacement or a repair of the product should take place, lies with Littlebit. Guarantee services beyond this, for example damage compensation, are excluded. The guarantee services of Littlebit are free.
- Claims arising from this guarantee exist only as far as the product has no damage or appearance of wear which are caused by use deviating from the normal purpose and specification or are the customer’s fault. The guarantee also lapses when the product has features which indicate repairs or other interventions by customers or persons not authorised by Littlebit.
- If guarantee claims are asserted by the customer, they must send the product together with the contract and a description of the detect to Littlebit for checking. The dispatch costs are borne by the customer. Following receipt of the product, Littlebit will check whether there is a guarantee case. If there is a guarantee case, Littlebit thus undertakes either a repair or a replacement of the product. If there is no guarantee case, Littlebit is entitled to invoice an administrative charge of EUR 75.00 for purchasers from Germany or CHF 75.00 for purchasers from Switzerland, provided it was obvious for the customer that there was no guarantee claim. The return of the product is at Littlebit’s expense, provided it was not obvious for the customer that there was no guarantee claim.
- The purchaser is solely responsible for proper data security and the protection of its data when transferring a product with data carrier contained therein to Littlebit. Littlebit assume for liability for any data losses.
Section 6 Liability and liability exclusion
- The liability for minor and medium negligence, indirect and direct damages and consequential damages and lost profit, unrealised savings, and damage from delayed delivery, and any actions and omissions of Littlebit agents, whether contractual or non-contractual in nature, will be excluded to the extent permitted by law. Accordingly, Littlebit is liable only for wilful intent and gross negligence. In this case, any damage compensation claim will be limited to the delivery value of the ordered product.
- Littlebit is also not liable for damages traced back to one of the following causes:
- Storage, adjustment or use of the product that is improper, contrary to contract or unlawful;
- Use of incompatible replacement or accessory parts (e.g. power supply, etc.);
- Maintenance not carried out and/or improper modification or repair of the products by the purchaser or third parties;
- Force majeure, in particular weather-related, moisture, fall and impact damage etc.
Section 7 Data protection
The data privacy statement to be confirmed separately by the purchaser is also an integral part of the purchase agreement between Littlebit and the purchaser.
Section 8 Applicable law, jurisdiction, partial invalidity
- Substantive Swiss law, in particular the Code of Obligations applies, under exclusion of the Vienna Sales Convention, to these General T&Cs and the entire legal relationship between Littlebit and the purchaser.
- Exclusive jurisdiction is Zug.
- If one provision in these General T&Cs or a provision in the context other agreements is or becomes ineffective, the effectiveness of all other provisions or agreements will be unaffected thereby. The parties concluding the contract undertake to make a legally effective regulation for the ineffective contractual provision that comes as close as possible in its economic effect to the regulatory content of the ineffective contractual provision.