General Terms & Conditions
Translation for convenience only. The legally binding version is exclusively the German original (see DE). · Version v2604
1. Scope
The following conditions govern the legal relationship between ELEVARIS and its brands such as vant.ch (the "Contractor") and the client (the "Customer") who uses the Contractor's services, digital products or automated services. The Contractor provides its services exclusively on the basis of these terms. By using a service or purchasing a product, the Customer implicitly accepts these terms. Deviations are only effective if ELEVARIS confirms them in writing. The offers are aimed at both business customers and private individuals.
2. Conclusion of contract for online purchases (digital products & setups)
If a contract is concluded via an online platform or a landing page of the Contractor, the presentation of products and services does not constitute a legally binding offer but an invitation to order. By clicking the paid order button, the Customer submits a binding offer to purchase. The contract is concluded once the Contractor confirms the purchase by email and/or delivers access to the service.
3. Digital products, delivery and right of withdrawal
For the purchase of digital content, delivery is usually automated by email or download link immediately after successful payment. As this is digital content not delivered on a physical medium, any right of withdrawal expires completely once performance of the contract begins. A refund for digital products already delivered is excluded. For support services or technical setups (e.g. server infrastructure), the Contractor begins work after receiving the necessary access data. In the event of early cancellation after data has been provided, the work already performed – but at least 30% of the total price – will be invoiced.
4. Prices, payment and payment providers
All prices are (unless otherwise stated) in Swiss francs (CHF), excl. VAT. For online purchases, the Contractor uses secure third-party providers for payment processing (e.g. Stripe, Payrexx) and invoicing (e.g. Bexio). By selecting the payment method, the Customer consents to the necessary data being transmitted to the respective payment provider. Invoice purchases are due net within 10 days. Delivered products remain the property of ELEVARIS until fully paid.
5. Duty of loyalty and business secrecy
The Contractor undertakes to carry out the assigned tasks conscientiously and responsibly. Exchanged information (including any access data) is treated strictly confidentially.
6. Domain names
Domain names purchased by the Contractor belong exclusively to ELEVARIS or the specifically named rights holders. Any transfer must be agreed in writing.
7. Hosting and data security
The Contractor operates its services primarily on its own infrastructure at Infomaniak (Infomaniak Network SA, Geneva, Switzerland) and additionally uses hosting services from e-future.ch and hostinger.de. All rights and obligations of the respective hosting offers can be found in their terms:
These terms are transferred to the Customer when using the Contractor's hosting services.
8. Data processing and duties to cooperate
In the course of contract processing, the Contractor collects Customer data and observes in particular the Swiss Federal Act on Data Protection (FADP) and the Federal Act against Unfair Competition (UCA). Without consent, data is only collected, processed or used insofar as necessary to perform the contractual relationship. The Customer undertakes to provide the necessary access data in good time. After completion of the work, access is deleted or handed over. To increase security, we recommend changing passwords regularly and, wherever possible, setting up two-factor authentication (2FA).
9. Liability
Claims by the Customer for damages are excluded. Excepted are claims arising from injury to life, body and health or from breach of essential contractual obligations, as well as liability for damages based on intentional or grossly negligent breach of duty. In the event of a breach of essential contractual obligations, the Contractor is liable only for the typical, foreseeable damage. Liability for consequential damages of any kind, in particular lost profit or data loss due to improper operation by the Customer, is excluded.
10. Complaints and defect notices
Delivered products and services must be inspected immediately upon receipt or publication. Complaints received more than 5 days after completion of the order or receipt of the invoice cannot be considered. Complaints must be made in writing with an exact description of the defect. The Customer has the right to terminate, provided the Contractor was informed in writing and given the opportunity to remedy within a reasonable period.
11. Reduction or cancellation of an order
If a classic order placed (outside pure digital product purchases) is reduced or cancelled, the Contractor is entitled to payment pro rata temporis as well as to reimbursement of expenses and advance payments to third parties.
12. Applicable law & place of jurisdiction
Contracts between the Contractor and the Customer are governed exclusively by the law of the Swiss Confederation, excluding the UN Convention on Contracts for the International Sale of Goods and private international law. The sole and exclusive place of jurisdiction is the Contractor's registered office.
13. Severability clause
These terms remain binding in their remaining parts even if individual points are legally invalid. Invalid points are replaced, where available, by the statutory provisions.
v2604 · Legally binding version: German.