General Terms and Conditions (GTC)
Only the German language is available for the conclusion of the contract.
§2 Validity of Conditions
All deliveries, services and quotations provided by PET TRACER AG are subject to these terms and conditions, even if these are not expressly agreed upon for all future business relations. By ordering goods, these terms and conditions are deemed to be accepted. General purchasing conditions of the buyer are herewith declared void. Alterations to these terms and conditions are only effective if we confirm these in writing.
§3 Offer and Contract Conclusion
Quotations by PET TRACER AG in price lists and advertisements are subject to confirmation. PET TRACER AG will accept orders as legally binding only after receipt of full payment and written confirmation by PET TRACER AG. All information provided in our sales documents (drawings, illustrations, measurements, weights and other services) are for information purposes only and don't represent a warranty of characteristics unless these are expressly declared to in writing.
§4 Form of Communication
Usually, the ordering process and communications are affected by email and an automated ordering process. The customer has to ensure the provision of a correct email address for the ordering process to allow for the receipt of emails from PET TRACER AG under this address. In particular with the use of spam filters, the customer has to ensure that all emails sent by the salesperson or a third party, assigned to handle the ordering process, can be delivered.
§5 Service Charges
To operate the product "petTracer GPS Cat Collar", a subscription to PET TRACER AG is required.
The prices specified in our order confirmation are binding. Prices are understood to be exclusive of all transport costs but inclusive statutory value-added tax unless agreed otherwise. If necessary, additional delivery and shipping costs are indicated separately within the respective product description. Any deliveries to countries outside of Switzerland may incur additional costs, which are outside of the responsibility of PET TRACER AG and payable by the customer. This includes, among other instances, bank charges arising from the money transfer (e. g. transfer fees, foreign exchange fees), or import taxes and/or duties (e. g. customs duties). Such costs may also arise with deliveries performed within Switzerland, where the customer, however, provides payment from a country outside of Switzerland.
§7 Terms of Payment
Invoices are payable net within 5 working days via PayPal or bank credit transfer, unless agreed otherwise. The delivery is not free, i.e. at the expense of the buyer by parcel post, unless expressly agreed otherwise. A payment is considered to be effective once PET TRACER AG has full access to the funds. Cheques are not accepted. If the buyer is in payment default, PET TRACER AG cannot guarantee the allocation to the appropriate production lot any longer. Deliveries take place upon receipt of payment. The production runs are limited, and any excess in ordering is distributed automatically in the order of arrival to the next available production run. During the period of the default, PET TRACER AG is entitled to withdraw from the contract at any time.
§8 Time of Delivery and Service
Dates and delivery deadlines are noncommittal unless expressly agreed upon in writing. The indication of certain delivery deadlines and delivery dates by PET TRACER AG is subject to the correct and punctual delivery to PET TRACER AG by its suppliers and manufacturers.
§9 Default in Acceptance
If the buyer refuses the acceptance of the goods at the time of delivery or after the expiration of an extension period, or if he states that he does not wish to accept the goods, PET TRACER AG reserves the right to refuse the fulfillment of the contract and claim damages for non-fulfillment. PET TRACER AG is entitled to claim compensation for damages from the buyer, either in form of a flat rate of 25% of the agreed purchase price or replacement of the effective damage.
Visible differences in quantity must be declared immediately in writing to both, PET TRACER AG and the freight carrier upon receipt of the goods, concealed differences in quantity must be declared within 4 days after receipt of the goods. Reclamations arising from damage, delay, loss or poor packing have to be declared immediately after receipt of the goods.
§11 Transfer of Risk
The risk will pass to the buyer as soon as the shipment is handed over to the person executing the transport. In the event that the delivery is delayed or impossible for reasons beyond our control, the risk is transferred to the customer with the notification that the shipment is ready for dispatch. An assumption of the transport costs by PET TRACER AG, as agreed on an ad hoc basis, shall not have any effect on the transfer of the risk.
§12 Warranty Terms and Conditions
With the consent to the terms and conditions, the customer confirms to have read and accepted the separate warranty conditions. You can find the separate warranty conditions here: Warranty Conditions
For returns, we require the defective part and/or device to be returned to PET TRACER AG for repairs, together with the completed repair form as well as a copy of the original invoice included with the goods. A return of goods by the customer requires the prior consent of PET TRACER AG and takes place at expense and risk of the customer. Goods have to be returned with their original packaging as well as a detailed description of faults/defects, as well as a return reference number. With the exchange of parts, modules or entire devices, no new guarantee periods come into force. The warranty is limited exclusively to the repair or the exchange of the damaged goods.
§14 Reservation of Ownership
Supplied goods remain the property of PET TRACER AG until the goods are paid for in full.
§15 Limitation of Liability
Claims for damages resulting from the impossibility of performance, breach of contract, culpa in contrahendo and unauthorized action, against us, as well as against our agents and/or assistants, are excluded, unless the damage was caused deliberately or through gross negligence. Any liability for damages from the use of the products is rejected.
§16 Data Protection
PET TRACER AG is permitted to process purchaser's data concerning the business relations or any received data related to these relations, regardless whether these originate from the buyer or a third party, in compliance with the federal law on data protection (DSG). Personal customer data are treated confidentially.The customer agrees to the data being converted by the petTracer GPS cat collar so that the respective location and the movement route of the corresponding collar can be transferred to the server. The collected data is stored on the server of the contracting party.
§17 Area of Application and Technology
The collar was developed explicitly and exclusively for cats. Thus, it is not suitable for dogs, other animals or humans. It is intended for the use in rural and semi-urban regions. It was not designed nor tested for the use in cities.The collar has a limited frequency range. Accordingly, this range can be increased with the use of additional receivers (HomeStations). Information transfers cannot be seen by third parties and are coded. Our product works in the 433-MHz-ISM band. It is the user's responsibility to acquire necessary information about local laws. Regulatory requirements are subject to change and can differ from country to country.
§18 Loss of Collar
No refunds or replacements for lost collars can be granted.
§19 Area of Jurisdiction and Applicable Law
EXCLUSIVE AREA OF JURISDICTION: CH-6000 LUCERNE, SWITZERLAND. Only Swiss law applies to all legal relations, under exclusion of the Vienna Sales Convention (CISG).