AGB

CGV for sales contracts with delivery also within the EU (sale of goods, especially via the Internet)

1.    Validity of GTC and conclusion of contract
1.1     These General Terms and Conditions (GTC) apply to sales contracts concluded with private customers and companies via the supplier's website.
1.2   The order is confirmed by the supplier by e-mail. The contract is concluded as soon as the confirmation reaches the purchaser. If confirmation is not sent within a reasonable period of time, the purchaser will be deemed to have rejected the order and will be entitled to conclude the contract with another supplier.

2.    Prices and special offers
2.1 Prices are quoted in CHF. They include VAT. Packaging, handling and shipping costs are charged in addition. For shipments outside Switzerland, additional charges may apply.
2.2 The supplier reserves the right to change prices at any time. The prices applicable to customers are those published on the website on the date of the order.
2.3   The conditions of actions and discounts are available in the relevant information.
2.4    The purchase price does not include product support and commissioning assistance.

3.    Terms of delivery
3.1 Delivery in Switzerland is normally made within 7 working days. If a longer delivery period is necessary, the customer will be informed at the latest on expiry of this period. In the absence of such information, the customer has the right to refuse delivery. Delivery time abroad may be longer due to customs processing and delivery services. From July 1, 2021, new rules will apply to shipments from non-EU countries. For shipments up to 22 euros, which are currently still tax-free, taxes will in future be payable.

4.    Right of withdrawal and right of cancellation
4.1  Customers have the right to withdraw from the purchase contract within 14 days, without having to give reasons or pay penalties. The period for exercising this right begins on the day the goods reach the consumer. Goods already delivered may be returned at the customer's expense, provided they have not been opened or used. Payments already made against invoice will be reimbursed free of charge by the supplier.
4.2  If a customer cancels the purchase due to late delivery or defects in the goods or for any other reason for which the supplier is responsible, the supplier will refund amounts already paid as well as return costs.
4.3   If the customer cancels the purchase due to a delay in delivery attributable to the delivery company, the supplier will refund the value of the goods, excluding shipping costs.

5.    Liability and warranty
5.1   The supplier warrants for a period of 24 months that the goods have the promised qualities, that they are free from defects which impair their value or suitability for the intended purpose, and that they correspond to the prescribed performance and specifications.
The buyer is obliged to inspect the goods delivered as soon as possible and to report any defects immediately. 5.2 The purchaser is obliged to inspect the delivered goods as soon as possible and to report any defects immediately. The relevant customer service can be found at yubikey.ch. Hidden defects can still be complained about after the goods have been put into operation or used. The fact that payments have been made does not constitute a waiver of the defect claim.
5.3 In the event of a defect, the purchaser has the option of demanding free repair, making a deduction from the price corresponding to the loss in value, withdrawing from the contract or obtaining a replacement delivery. The purchaser's right to claim damages remains reserved in all cases.
5.4 Goods are sent with a tracking code. If it can be proved that the consignment has been delivered, the seller cannot be held responsible in the event of theft from the letterbox.

6.    Payment
6.1    Payment is possible, at the customer's request, according to the following terms:
Advance payment. Payment details are given in the purchase confirmation e-mail. Goods are dispatched as soon as payment is received, provided the product is in stock. If prepaid merchandise is not paid for within 30 days, the order is automatically cancelled.
Credit card, TWINT and PayPal. At the end of the order, the customer can pay directly online. The customer is redirected to the Paykonzept website.
Rechnung. Bestehende Firmenkunden können auch auf Rechnung bestellen und bezahlen. Die Bestellungen werden per Mail auf sales@yubikey.ch entgegengenommen. Dem Kunden wird per Mail die Bestellbestätigung und Rechnung zugestellt. Die Ware wird sofort versendet sofern an Lager. Zahlungsfrist liegt sofern nichts anderes vereinbart bei 30 Tage.
6.2    In the event of late payment, the provider will send a maximum of two reminders. A fee of CHF 20 will be charged for the second reminder. If the customer then fails to pay, debt enforcement measures will be initiated.In addition, default interest of 5 percent will be charged for late payment.We reserve the right to claim damages. Claims for damages remain reserved.

7.     Responsibility for online connections
7.1     The supplier undertakes to ensure the state-of-the-art security of systems, programs, etc. belonging to him and over which he has influence, and to comply with the rules of data protection.
7.2 Customers are responsible for the security of systems, programs and data within their sphere of influence. In their own interest, customers must keep passwords and user names secret from third parties.
7.3     The supplier is not liable for faults and malfunctions for which it is not responsible, in particular security faults and operating failures of third-party companies with which it collaborates or on which it depends.
7.4 In addition, the supplier is not liable for force majeure, inappropriate procedures and non-compliance with risks on the part of the customer or third parties, excessive demands, unsuitable operating resources on the part of the customer or third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms, etc.) which occur despite the necessary current security measures.

8.    Dispute resolution
8.1    The European Commission provides a platform (OS platform) for the online out-of-court settlement of disputes, which can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
which can be consulted.

9.    Application of law and place of jurisdiction
9.1   These GTC are governed by Swiss law, in particular by the provisions of the Swiss Code of Obligations
9.2   Swiss law applies to all legal relationships which are not expressly regulated in the contract between konzeptplus gmbh and the customer or in these GTC. The sole place of jurisdiction is St. Gallen, Canton St. Gallen.

Right of withdrawal for the EU market
Insofar as you are acting as a consumer, you may revoke your contractual declaration within 14 days without giving reasons, in text form (e.g. letter, fax, e-mail) or by returning the goods. We will send you this revocation information separately in text form. The period begins on the day following receipt of the goods and the cancellation notice in text form. To comply with the withdrawal period, it is sufficient to send the withdrawal or the goods in good time.

Withdrawal should be addressed to :
AGON PARTNERS SOLUTION GmbH
Korporationsweg 9b
8832 Wilen b. Wollerau
sales@yubikey.ch

+41 71 999 22 92

Consequences of withdrawal
In the event of an effective revocation, the services received by both parties must be returned and, where applicable, any profits made (e.g. interest) must be reimbursed. If you are unable to return the goods to us in whole or in part, or if you are only able to return them in poor condition, you must compensate us for the value of the goods. This does not apply if the deterioration of the goods is exclusively due to their examination - as would have been possible in a store - or to the intended use of the goods. Goods that can be sent by parcel post must be returned at our risk. Goods which cannot be sent by parcel post will be collected from you. You will bear the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40 or if, in the case of a higher price for the goods, you have not yet made the contractually agreed payment or partial payment at the time of withdrawal. Otherwise, the return is free of charge for you.
Obligations to reimburse payments must be fulfilled within 30 days of sending your declaration of withdrawal. 

    ¹ In contrast to the wording in the official model, the wording precisely presents the start of the period. It takes account of the provisions of sections 312c(2) and 355(2) BGB, according to which the period does not begin to run until the consumer has received clearly presented information in text form and the goods. Account is also taken of section 187(1) of the BGB, according to which, where a time limit is triggered by a particular event, it only begins to run on the day following the event triggering the time limit.
   ² The model information on the right of withdrawal waives the claim to compensation for deterioration resulting from putting the thing into proper use. The question of whether such value compensation can be demanded is controversial and variously assessed by the courts.