AGB

1. Scope

These General Terms and Conditions (“GTC”) apply to the business area of Gasthaus Höhwald (hereinafter referred to as the “Company”). The Company owns and operates the platform www.hoehwald-klosters.ch and provides paid and free services in connection with the formation of companies, the drafting of contracts, the implementation of commercial register changes, and the provision of courses. In addition, the Company offers consulting services and grants licensing rights. Furthermore, the Company sells products in the aforementioned area.

These GTC apply to the aforementioned areas as well as to any other services provided directly or indirectly by the Company to the customer.

2. Conclusion of Contract

The contract is concluded when the customer accepts the Company’s offer regarding the purchase of services, products, or licenses.

The contract is also concluded when the customer makes use of the services offered by the Company or purchases or uses products of the Company or uses a license.

3. Prices

Unless otherwise stated in offers, all prices are quoted in Swiss francs (CHF). All prices include any applicable value-added tax (VAT).

The prices include any other applicable taxes.

The Company reserves the right to change prices at any time. The prices valid at the time the contract is concluded, as published on the website or according to the Company’s separate price list, shall apply. For the customer, the prices valid at the time the contract is concluded shall apply.

4. Payment

The customer is obliged to pay the invoiced amount within 30 days of the invoice date, unless the customer has already paid the amount during the ordering process by credit card, PayPal, or other payment systems.

If the invoice is not paid within the aforementioned payment period, the customer will be reminded. If the customer does not pay the invoice within the reminder period set, the customer shall automatically be in default. From the time of default, the customer owes default interest of 5%.

The Company reserves the right to demand advance payment at any time without stating reasons.

Offsetting the invoiced amount against any claim the customer may have against the Company is not permitted.

In the event of payment default, the Company has the right to refuse to provide the service, deliver the product, or grant the license.

5. Obligations of the Company

5.1. Provision of Services

Unless otherwise agreed, the Company fulfills its obligation by providing the agreed service. The service includes the services that are or were published at the time the contract was concluded.
For all services, the Company’s registered office shall be the place of performance, unless other provisions are agreed.

5.2. Auxiliary Persons

The parties have the express right to involve auxiliary persons in order to fulfill their contractual obligations. They must ensure that the involvement of such auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective employment agreements.

6. License

6.1. Use

The Company grants the customer the right to use the documents of the corresponding contract boxes. These rights of use are non-exclusive, non-transferable, and limited to use by the customer. The individual documents serve as templates and may only be used by the customer as templates and for the customer’s own purposes. Any transfer to third parties as well as any other use, whether commercial or otherwise, is prohibited.

6.2. Formatting

If the documents are created in a format that restricts the customer’s rights of use, this corresponds to the intention of the Company, and reformatting is not permitted.

6.3. Duration

The content is available to the customer for the agreed duration. After this period has expired, the customer shall no longer have any entitlement to the content of the contract boxes.

7. Obligations of the Customer

7.1. Exercise of Rights of Use

The customer is obliged to exercise the rights of use only within the scope granted. The customer is fully responsible for the secure storage of their access data and passwords. The customer is solely responsible for the content of the data and information entered.

The customer is obliged to immediately take all measures required for the Company to provide the service. The customer must take such measures at the agreed location, at the agreed time, and to the agreed extent. Depending on the circumstances, this includes providing suitable information and documents to the Company.

By accepting these GTC, the customer also confirms that they have unrestricted legal capacity and are of legal age. By registering, the customer expressly declares that all information provided is truthful, up to date, and in compliance with the rights of third parties, public morals, and the law.

7.2. Duties to Cooperate

Furthermore, the customer is obliged to cooperate comprehensively and promptly. The customer must provide the Company, without being requested to do so, with all documents required in connection with the provision of the service, completely and accurately in terms of content. The Company assumes that the information and documents provided are correct and complete and comply with the statutory duties to cooperate and provide information. The Company is only responsible for checking the accuracy and proper form of the customer’s information, documents, and figures if this has been agreed in writing in advance.

7.3. Further Obligations

The customer is fully responsible for the secure storage of their access data and passwords. The customer is solely responsible for the content of the data and information entered.

The Company is entitled to monitor customers’ conduct in connection with the use of the internet platform. In particular, the Company is entitled at any time to review the legality of content entered by the customer on the online platform.

8. Withdrawal

8.1. Services

Both parties have the right to withdraw from the contract at any time. The withdrawing party must fully compensate the other party for any expenses already incurred. Withdrawal at an inopportune time is not permitted. The customer will be charged the costs caused by the withdrawal. The exact amount will be communicated to the customer when the contract is concluded.

8.2. Products

The exchange of products is generally excluded.

9. Upgrade / Add-on

An upgrade from a smaller to a larger package is possible at any time. A downgrade, however, is excluded. If the customer has selected a larger package and does not use all services, the customer has no entitlement to a refund.

Add-ons selected in addition to the package cannot be deselected at a later date. If the service of an add-on has been provided, it will be charged in full; any refund for unused add-ons is excluded.

10. Warranty

The Company endeavors to ensure good availability of www.hoehwald-klosters.ch and takes reasonable precautions to protect www.hoehwald-klosters.ch against interference by third parties.

However, it cannot provide any warranty for uninterrupted and trouble-free functioning of www.hoehwald-klosters.ch and the services offered, nor can it guarantee that the files are virus-free. The Company provides no warranty for the factual and content-related accuracy, completeness, reliability, or quality of the published or transmitted information and documents. Furthermore, it cannot provide any warranty against non-spamming, harmful software, spyware, hackers, phishing attacks, etc. that may impair the use of the service, damage the customer’s infrastructure, such as devices or PCs, or otherwise harm the customer. The Company cannot provide any warranty for the factual and content-related accuracy, completeness, reliability, or quality of the information and processes provided, published, or transmitted, or of the work results of the services. Any problem or defect must be reported to the Company immediately.

11. Liability

Liability for any indirect damages and consequential damages arising from defects is fully excluded.
Liability for direct damages is limited to the service.

The customer is obliged to report any damages to the Company immediately.

Any liability for auxiliary persons is fully excluded.

13. Intellectual Property Rights

All rights to the products, services, and any trademarks belong to the Company or the Company is authorized to use them by the owner.

Neither these GTC nor any related individual agreements have the transfer of intellectual property rights as their subject matter, unless this is explicitly stated.

Furthermore, any further use, publication, and making available of information, images, texts, or other materials that the customer receives in connection with these provisions is prohibited, unless explicitly approved by the Company.

If the customer uses content, texts, or visual material in connection with the Company to which third parties hold protective rights, the customer must ensure that no third-party rights are infringed.

14. Data Protection

The Company may process and use the data collected in connection with the conclusion of the contract in order to fulfill its obligations under the contract. The Company takes the measures required to secure the data in accordance with statutory provisions. The customer fully agrees to the storage and contractual use of their data by the Company and is aware that, by order of courts or authorities, the Company may be obliged and entitled to disclose information about the customer to such courts, authorities, or third parties. Unless the customer has expressly prohibited it, the Company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data necessary for fulfilling the service may also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection provisions apply.

15. Amendments

These General Terms and Conditions may be amended by the Company at any time.
The new version shall enter into force upon publication on the Company’s website.

For customers, the version of the GTC that was in force at the time the contract was concluded generally applies, unless the customer has agreed to a newer version of the GTC.

16. Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that further specify the provisions of these GTC shall take precedence over these GTC.

17. Severability Clause

Should any provision of this contract or an appendix to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.

18. Confidentiality

Both parties, as well as their auxiliary persons, undertake to treat as confidential all information submitted or acquired in connection with the services. This obligation shall continue even after termination of the contract.

19. Force Majeure

If timely performance by the Company, its suppliers, or engaged third parties is rendered impossible as a result of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents, or reactor damage, the Company shall be released from fulfilling the affected obligations for the duration of the force majeure and for a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The Company must fully refund any remuneration already paid by the customer.

Any further claims, in particular claims for damages resulting from force majeure, are excluded.

20. Applicable Law / Place of Jurisdiction

These GTC are governed by Swiss law. Unless mandatory statutory provisions take precedence, the court at the registered office of the Company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.