Last updated on November 10th 2020
General Terms and Conditions
1 SCOPE OF APPLICATION
Arina AG (for customers with domicile in Switzerland) respectively Arina Deutschland GmbH (for customers with domicile in Germany/the EU) ("Arina") is the provider of the products, services and training (jointly "services") described on the Arina Wwbsite www.arina.ch ("website"). These General Terms and Conditions ("GTC") - together with any further contractual components made reference to - govern the legal relationship ("Contract") between Arina and the customer ("customer", individually a "party" and collectively the "parties")
These GTC apply to all contracts between the parties, regardless of how the contract was concluded (e.g. via the website, by e-mail or in writing). General Terms and Conditions of the Customer shall not apply. The most recent version of the GTC can be found at www.arina.ch. Arina reserves the right to change these GTC at any time. The customer will be notified of any changes in due time. The version of these GTCs valid at the time the contract is concluded is applicable.
The concrete scope of the services results from the applicable parts of the contract, in particular from any order forms. Unless otherwise agreed, the service descriptions on the website apply.
The products offered on the website do not constitute a binding offer. The customer can make a binding offer to order products either by clicking the corresponding button or by contacting Arina. Arina confirms the acceptance of this offer to the customer, whereby a contract is created.
Arina attaches great importance to keeping information and details about the products and delivery times as accurate and up-to-date as possible. However, the customer is aware that the information and details about the products offered and delivery times are not binding and do not constitute any kind of assurance or guarantee. All products are delivered to the address or e-mail address provided by the customer (e.g. license key for software). In the case of physical delivery of products, benefits and risks shall pass to the customer when the products are handed over to the shipping company.
Arina guarantees that products are free of defects, provided that the customer inspects the delivered products immediately after delivery and notifies Arina of any defects within 10 working days in writing and with an exact description of the defects. It is at the free discretion of Arina to remedy defects either by rescission of the contract, reduction of the purchase price or replacement delivery. Subject to the express written confirmation by Arina, the customer has no right to return products delivered free of defects. If Arina grants a right of return in individual cases, this may be subject to further conditions.
The delivered products remain the property of Arina until full payment has been received from the customer. If the customer defaults on payment of the purchase price, Arina is entitled to make a corresponding entry in the reservation of ownership register at the customer's expense.
The services listed on the website do not constitute a binding offer. A contract is only concluded with express written (including e-mail) confirmation by Arina.
Arina provides the agreed services professionally and with reasonable care according to the current state of technology. Subject to the timely payment of the remuneration by the customer, Arina grants the customer the non-exclusive right to use the services during the contract period for his own purposes in accordance with the law and the contract. Any use by third parties requires the explicit written consent of Arina. For services mediated by Arina, for which the customer concludes a contract with a partner, the terms and conditions and general terms and conditions of that partner apply, and Arina rejects any liability.
The customer shall take all actions necessary for Arina to provide the services in accordance with the contract. The customer is responsible for the accuracy and timeliness of the data transmitted to Arina.
Arina warrants that the use of Arina's services in accordance with the contract does not infringe any third-party property rights. In such a case, the customer must (i) immediately inform Arina in writing by registered mail, (ii) grant Arina control of the defence and in any settlement negotiations, and (iii) support Arina to an appropriate and reasonable extent. Any violation of this obligation will result in the loss of any claim against Arina. If, in the opinion of Arina, the use of the services by the customer violates or is likely to violate the industrial property rights of third parties, Arina has the right to choose between the following measures: (i) to modify the services in such a way that no industrial property rights are violated any longer; (ii) to procure the right for the customer to continue using the services; (iii) to replace the services with other services; or (iv) to take back the services and refund to the customer any remuneration already paid, less a reasonable contribution for the use and the loss in value..
If the services of Arina involve the creation of a piece work within the meaning of Art. 363 et seq. Swiss Code of Obligations (OR) ("work"), the Customer shall inspect and accept the work (and individual parts thereof) immediately after delivery. The inspection period is 5 working days from delivery of the respective work. Acceptance shall be deemed successful if the parties (i) sign an acceptance protocol without any significant defects, (ii) the customer does not report any significant defects during the inspection period or (iii) the customer begins productive use of the Work.
The customer must notify Arina in writing of significant defects (i.e. defects that prevent the use of the work) during the inspection period of the corresponding work immediately after discovery, in such a way that the significant defects are comprehensible and reproducible for Arina (otherwise there is no significant defect). Non-significant defects do not prevent acceptance. The significant defects notified by the customer during the inspection period must be remedied by Arina within a reasonable period of time and free of charge. If the significant defects are remedied within the aforementioned period, acceptance shall be deemed to have taken place after the expiry of the period. If the remedy is not successful, the customer may withdraw from the contract after the expiry of two further reasonable periods. Further claims are excluded to the extent permitted by law. For the removal of all further defects the provisions agreed upon regarding procedure and price apply.
Training offered on the website does not constitute a binding offer. The customer may submit a binding offer either by clicking the corresponding button or by contacting Arina. Arina confirms the acceptance of this offer to the customer, which constitutes a contract. The customer's registration is personal and only transferable with the prior consent of Arina. The information provided on the website regarding duration, language, times, tutor, venue and course content is not binding and may be changed by Arina.
Customers may cancel training courses free of charge up to 30 calendar days before the start of the training. If a cancellation is made within 29 calendar days to 7 calendar days before the start of the training, the customer is obliged to pay 50% of the training fees. Fees already paid will be refunded accordingly. In case of no-show or cancellation within 6 calendar days prior to the start of the training, the customer is obliged to pay the training fees in full.
Registration for a training course does not constitute a right to have the training conducted. Arina reserves the right to cancel trainings at any time (e.g. if the number of participants is low or the instructor is absent). Upon cancellation of the training course, the customer is no longer obliged to pay the training fee and any fees already paid will be refunded to the customer.
3 PRICES AND PAYMENT OPTIONS
Unless otherwise contractually agreed (e.g. in the order form), the current prices on the website apply. Any services requested by the customer the price of which has not been specifically agreed upon and cannot be derived from the website will be invoiced according to Arina's standard rates, based on actual expenditure. In the absence of other information, all prices are in Swiss francs (CHF), excluding any value-added tax, other taxes, customs duties, levies and any shipping costs.
Arina offers the payment options listed on the website, which can be supplemented or changed by Arina at any time. The purchase price is due upon conclusion of the contract. Invoices from Arina must be paid within 20 days, excluding set-off. After this period has expired, the customer is automatically in default. In this case, Arina reserves the right to charge appropriate reminder fees in addition to the purchase price. Furthermore, the customer may have to pay debt collection costs, including court and lawyer's fees. After the expiry of the payment deadline, Arina is entitled to stop providing the services or to terminate the contract without notice. Further legal rights are explicitly reserved.
4 INVOLVEMENT OF THIRD PARTIES
Arina may contract third parties for the provision of services, for whose careful selection, instruction and supervision Arina is responsible. In this case, no contractual relationship exists between the customer and third parties.
5 LIABILITY AND INDEMNIFICATION
Arina is liable to the customer without limitation for direct damages caused intentionally or by gross negligence, as well as for personal injury and property damage. The liability of Arina for indirect damages and direct damages caused by negligence, including damages caused by ancillary staff, is excluded, as far as legally permissible.
The customer is responsible for the use of the services he/she obtains in accordance with the law and the contract. Arina is not liable for damages resulting from use in violation of the law or the contract, and the customer is liable for all damages incurred by Arina as a result. The customer must indemnify Arina for all damages resulting from a breach of contract or rights, including third party claims and any legal and attorney's fees.
Arina is not liable for delays or disruptions in services or for all damages resulting from events for which Arina is not responsible or which make the provision of services considerably more difficult or impossible (force majeure).
6 INTELLECTUAL PROPERTY
Unless otherwise agreed, all rights to existing intellectual property or intellectual property arising during the performance of the contract with regard to the services of Arina remain with Arina or the corresponding third parties. For third-party software, their license terms apply..
In providing its services, Arina observes the data protection regulations. The customer is aware that the conclusion and fulfillment of contracts with Arina can lead to the processing of personal data, and the customer agrees that such data can also be transferred to third parties for this purpose. Further details on data protection can be found in Arina's data protection policy.
8 FINAL PROVISIONS
Arina has the right to transfer rights and obligations from the contract to third parties. The transfer of rights and obligations from the contract by the customer to third parties requires the prior written consent of Arina.
Should any provision in these GTC be illegal, invalid or otherwise invalid or unenforceable, the validity of the remaining provisions of these GTC shall not be affected. Any such provision shall be replaced by a valid provision which comes close to the originally intended economic purpose.
All contracts or other legal relationships between the customer and Arina shall be governed by substantive Swiss law and exclusion of conflict-of-law provisions as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG. All disputes arising from or in connection with contracts or other legal relationships with Arina shall be exclusively subject to the jurisdiction of the ordinary courts at the place of business of Arina.) For sales to consumers or consumers within the meaning of the applicable consumer protection legislation, the above shall only apply to the extent that this consumer protection legislation does not necessarily provide for other regulations.