Our terms and conditions
GENERAL TERMS AND CONDITIONS
Valid from 22.06.2022 – enuit GmbH, 7000 Chur, Switzerland (hereinafter referred to as “enuit”).
1.1 Our offers are addressed to clients / consumers with habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as “clients”).
1.2 The placing of an order implies the acceptance of our terms and conditions by the “Client”.
1.3 The following provisions are authoritative for all legal transactions with enuit.
1.4 By accepting the first service/delivery, the “customer” acknowledges the exclusive validity of our provisions. This also applies in the event of contradictory wording of his terms and conditions, unless otherwise agreed in writing.
1.5 The exact scope of the services results from any quotation and these GTC. These documents are integral parts of the contract. If contradictions arise in the application of the individual parts of the contract, the offer shall take precedence over the GTC. Special agreements signed by both parties remain reserved. These shall take precedence over the other parts of the contract in terms of their order of validity.
1.6 The German version of these terms and conditions shall prevail.
2 OFFER AND CONCLUSION OF CONTRACT
2.1 Unless otherwise agreed, enuit will remain bound by the offer for 30 days. Offers made by enuit on the basis of imprecise information or information which is not yet available will be regarded as a willingness in principle to conclude a contract, but not as a binding offer. Price quotations contained therein are non-binding indicative prices. This does not apply to offers with a fixed price.
2.2 The contract between enuit and the “customer” is concluded by the return of the signed quotation. In the case of very small orders for which no written quotation is issued, the contract is concluded when the customer places the order.
2.3 The quotations from enuit are to be understood as indicative quotations. The details of the number of time units are based on an assumption. The work will be carried out on a time and material basis. Invoicing will be based on actual expenditure, which may result in a deviation of +/- 10% from the target price. This does not apply to offers with a fixed price.
2.4 With the confirmation of the order, the project is released for planning and does not imply an immediate start of the project.
2.5 Reservations for the adventure offers can be made using the reservation form on the website www.enuit.ch or by e-mail to firstname.lastname@example.org. A reservation is only valid once it has been confirmed by enuit by e-mail. By making a reservation, the “customer” accepts the general terms and conditions of enuit.
2.5.1 The maximum number of participants per game must be observed. Participation by persons under the age of 16 accompanied by at least one adult is strongly recommended.
2.5.2 Special requests on the part of the “customer” or ancillary agreements are only part of the contract if they have been confirmed by the booking office in writing and without reservation.
2.5.3 Modification and cancellation conditions: After the conclusion of the legally valid contract in accordance with section 2.5, a change or transfer of the booking is only possible if it is made at least 48 hours before the booked date and corresponding availability is given. This must be done in writing. If the 48-hour period is not observed, enuit reserves the right to charge up to 100% of the booked experience.
3 DATA PROTECTION AND CONFIDENTIALITY
3.1 The “Client” agrees that his personal data received by us in the course of the business relationship may be stored and automatically processed in our computer system.
3.2 The “Client” undertakes to maintain the confidentiality of all information which is not generally known and which becomes accessible to them during the preparation and execution of this contract. This obligation remains in force even after termination of the contractual relationship, provided that there is a legitimate interest in doing so.
3.3 enuit will take photographs of the “client” after the adventure at the client’s request. These photos will be published on the company’s own website and on social media channels.
4 OBLIGATIONS OF THE CLIENT
4.1 The “Client” shall carry out work checks. Printouts, test matches, etc. must be carefully checked by the “Client” for correctness; a good to print or good to screen is a binding declaration of the correctness of the work. enuit is not liable for errors overlooked by the “Client”.
4.2 The reproduction of all artwork, samples and the like handed over to enuit is subject to the condition and assumption that the “Client” holds the relevant reproduction or copyright rights.
4.3 The responsibility for the legality and accuracy of the content lies exclusively with the “Client”. The “Client” shall indemnify enuit against all claims arising from breach of the aforementioned obligations.
4.4 The services of the adventure offered by enuit begin with the arrival of the “Client” at the location of the adventure. The “client” is responsible for his or her own arrival and timely arrival. Please note that the time slots are reserved separately and the adventure offer is prepared accordingly. In the event of late arrival, the entitlement to the paid service is forfeited. There is no entitlement to a replacement service.
5 COPYRIGHTS OF ENUIT
5.1 In general, enuit assigns the copyright for an offer to the “customer”. The copyright for creative works – concepts, images, animation, sound documents, databases, programmes – remains in principle with the author. enuit grants the “client” rights to use them within the framework of a specific project. Any further use, e.g. in another offer, requires the written consent of enuit and is generally subject to a charge.
5.2 Design proposals, concepts, etc., which have been created without charge (e.g. for quotations, presentations, etc.) may not be used further without the written consent of enuit.
5.3 Photography and filming of any kind of enuit’s offers is prohibited. It is not permitted to copy puzzle ideas (intellectual property) and to reproduce puzzles in whole or in part at another location without the permission of enuit.
6.1 Deadlines will be agreed individually and in writing. They will be reasonably postponed if:
– enuit does not receive details it requires for execution in good time, or
– if the customer subsequently changes them
– the Client requests changes or extensions to what was originally agreed
– the Client is in arrears with the work to be carried out by him or is in default with the fulfilment of his contractual obligations, in particular if he fails to comply with payment terms
– obstacles occur which lie outside enuit’s sphere of responsibility, such as natural events, war, riots, epidemics, accidents, major operational disruptions
6.2 Failure to meet a delivery date for reasons for which enuit is not responsible will not entitle the “Client” to withdraw from the contract or to hold enuit responsible for any damage incurred. If the delays are demonstrably the fault of enuit, the “Customer” must set a reasonable deadline for subsequent performance. If enuit does not perform by the expiry of this period of grace, the Customer may waive the subsequent performance and withdraw from the contract.
6.3 enuit is partly dependent on the cooperation of the “Client” for the performance of services and the creation of products. enuit reserves the right to pause a project if the “Client” fails to provide delivery objects on time. The project will then be reintroduced into the planning at a later date. The previously defined project planning will thereby become invalid and additional project coordination will be incurred.
7 COMPLETION OF THE PROJECT
7.1 If the “Client” does not accept the project within 30 days of notified completion, enuit is entitled to invoice.
7.2 If an order that has already been placed is cancelled or terminated during its creation, enuit is entitled to invoice for the accrued expenditure.
8.1 Justified defects for which enuit is responsible must be notified within 60 days (guarantee period). enuit will then offer free rectification or replacement at its discretion. enuit will be liable for direct damage proven by the “Client” to have been incurred by the “Client” in connection with the performance of the contract, if this damage has been caused by employees of enuit through gross negligence or intentionally.
8.2 Further claims for damages are excluded to the extent permitted by law. enuit is not liable in particular for consequential damage such as loss of profit.
8.3 Furthermore, there is no liability if damage is attributable to causes beyond enuit’s control, in particular force majeure, or to other reasons for which the Client is responsible (force majeure are events which enuit could neither foresee nor avert. These include in particular: war, terrorism, political unrest, natural disasters, nuclear events, epidemics, fire/water damage or similar events). enuit accepts no liability for products and services of third parties and no guarantee of their function.
8.4 Participation in enuit’s adventure offers is at your own risk. Insurance is the responsibility of the “client”, or the legal representative if they are minors. enuit will ensure that the agreed services of the adventure offers are provided on site with reasonable care and appropriate knowledge. enuit accepts no liability for direct or indirect damage such as injuries of any kind, deaths, losses (e.g. pleasure not felt) or similar.
8.5 The “Client” shall be fully liable for any damage caused by them to any facility or property during the Experience.
9 PAYMENTS AND CONDITIONS (PAYMENT SCHEDULE)
9.1 All prices quoted are exclusive of VAT.
9.2 Unless otherwise stated, all invoices are due for payment within 30 days (net). Payments shall be deemed to have been made when credited to our account.
9.3 The remuneration shall be determined in accordance with the offer. If no offer has been made, the currently valid price lists and these GTC shall apply.
9.4 In the absence of any other written agreements, enuit is entitled to charge 50% of the invoice amount on conclusion of the contract. The time of signing the offer is deemed to be the conclusion of the contract. The final invoice is due on the planned completion of the project.
9.5 Shipping costs for large quantities (>10 items): calculated in accordance with the offer.
9.6 Shipping costs for orders from the online shop: For package orders under CHF 200.00, shipping costs of CHF 7.00 will be charged.
9.7 Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), we retain ownership of the delivered goods in any case.
10 RIGHT OF RETURN ONLINE SHOP
10.1 The “customer” has the right to return the delivered goods ordered via the online shop during 14 calendar days (from the date of the delivery or receipt confirmation). The return period shall be deemed to have been observed if the goods are handed over to the post office or another shipping company for return on the last day.
10.2 The goods ordered via the online shop must be in their original packaging, complete with all accessories and with a written enclosure. Sealed and plastic-welded products can only be returned in unopened condition. The seal, if any, must not be broken.
10.3 The goods from the online shop must be returned with a written enclosure to the following address:
10.4 The costs of the return shipment shall be borne by the “customer”. Shipping and gift wrapping costs will not be refunded. Promotion and discount vouchers will also not be refunded. If the goods are not returned in proper condition, the loss in value incurred will be charged.
10.5 If the goods are returned in proper condition, the “customer” will be refunded the total price paid by credit note after the goods have been inspected. A refund will always be made to the means of payment used for the purchase. In the case of any refunds from purchase on account, we will refund the amount to the corresponding account.
11 ADDITIONAL AND SUPPLEMENTARY EXPENSES
11.1 All additional services of enuit not expressly stated in the scope of services and used by the “Client” will be invoiced at the currently valid hourly rates. Unless otherwise agreed in writing, the “client” will be invoiced for expenses and ancillary costs in accordance with actual outlays.
11.2 Additional expenditure caused by the “Client” as a result of revising or modifying templates as well as changes made after the start of the order, e.g. construction of the adventure, may be charged additionally by enuit. The “client” may request additional budgeting for which a charge will be made. Text editing and optimisation within a normal framework are excluded from the above rules, unless the delivery of finished edited texts has been expressly agreed.
11.3 If visual material and other material are not provided in the agreed quality, enuit may charge for the additional expenditure incurred as a result.
12 EXPENSE REGULATION
12.1 Accommodation: invoicing at cost.
12.2 Expenses: e.g. copying orders for training courses, gifts, room rentals will be invoiced at cost.
12.3 Catering costs: lunch CHF 25.00 / dinner CHF 35.00 if the working day away from home lasts longer than 20.00.
12.4 Small expenses: Copies (own use), telephone, postage, tram and bus will not be charged.
12.5 Foreign currency expenses: Conversion will be made to CHF at the daily rate.
12.6 Weekend assignments: Hourly rates according to the price list at a factor of 1.5 Example: Hourly rate Fr. 170.00 x 1.5 = Fr. 255.00.
12.7 Travel costs: e.g. rail, car, air travel costs, costs of taxis, rental cars etc. will be invoiced outside the greater Chur area at cost:
– Car: CHF 0.70 / Km
– Rail costs: 1st class, ½ tax
– In addition, a flat rate of CHF 80 will be charged per hour of travel time.
13 FINAL PROVISIONS
13.1 Rights and obligations arising from the contractual relationship may only be transferred by the Client to third parties with the written consent of enuit.
13.2 enuit may amend the General Terms and Conditions at any time. It will provide the GTC with a version reference. The version which is binding in each case can be viewed and printed out at www.enuit.ch. For a new version of the GTC to become part of the contract in an ongoing project, it must be accepted in writing by the client.
13.3 Should individual provisions or parts of these GTC prove to be void or ineffective, this shall not affect the validity of the remaining contractual relationship. In such a case, the contracting parties shall adapt the contract in such a way that the purpose intended by the correct or invalid part is achieved as far as possible.
13.4 In the event of differences of opinion in connection with the concluded contract, the contracting parties undertake to strive in good faith for an amicable settlement. If this internal dispute resolution fails, an independent expert may be called in as an arbitrator at the request of one of the two parties.
13.5 The place of jurisdiction for the “Customer” is the registered office of enuit. The latter, however, is entitled to take legal action against the “Customer” at the latter’s registered office. The legal relationship shall be governed by Swiss law.