Terms and conditions
1.1 These General Terms and Conditions (hereinafter: GTC) regulate the rights and obligations in connection with the use of the services of the provider Loxotipu GmbH (hereinafter: Loxopay) and the Loxopay customer in connection with the use of the Loxopay services and the further services, applications, mobile applications and functions offered by Loxopay, unless Loxopay expressly stipulates otherwise.
1.2 The GTC of Loxopay shall apply exclusively. Conflicting or deviating terms and conditions of the Loxopay customer shall not be accepted, unless Loxopay has expressly agreed to their validity in text form. These GTC shall also apply if Loxopay provides services to the Loxopay customer without reservation in the knowledge of terms and conditions of the Loxopay customer which conflict with or deviate from these GTC.
1.3 Furthermore, Loxopay may, with the consent of the Loxopay Customer, amend the content of the existing contract as well as these Terms and Conditions. The consent to the amendment shall be deemed granted if the Customer does not object to the amendment within one month after receipt of the amendment notification. Loxopay undertakes to inform the Customer in the course of the notification of change of the consequences of a failure to object.
1.4 The German version of these conditions is authoritative.
2. Offer and conclusion of contract
2.1 Unless otherwise agreed, Loxopay remains bound to the offer for 30 days. Offers made by Loxopay on the basis of inaccurate or not yet available information shall be considered as a basic willingness to conclude a contract, but not as a binding offer. Price quotations contained therein have non-binding indicative price character.
2.2 The contract between Loxopay and the Loxopay customer is concluded by the return of the signed offer. In the case of small orders for which no written offer is made, the contract is concluded when the order is placed by the Loxopay customer.
2.3 The minimum term of the contracts corresponds to the contract term selected in each case. After expiry of this minimum contract period, the contract shall be extended by the same term in each case, unless written notice of termination is received from one of the contracting parties at least 30 days before expiry.
2.4 The offers of Loxopay are to be understood as indicative price offers. The indications of the number of time units are based on an assumption. The work is carried out on a time and material basis. Invoicing is based on actual expenditure, which may result in a deviation of +/- 10% from the target price.
3. Services of Loxopay
3.1 In addition to the payment platform (hereinafter: platform) Loxopay also offers individual developments on a quotation basis.
4. Terms of payment
4.1 Invoices for chargeable services are provided to the customer in PDF format.
4.2 The respective invoice amount is to be paid in full to Loxopay within 30 days after receipt of the invoice, unless otherwise agreed.
4.3 For the timeliness of payments it depends on the receipt of the amount at Loxopay's unconditional disposal.
4.4 In case of a payment by bank transfer the purpose of use given by Loxopay has to be indicated. If the customer transfers with another purpose, he has to inform Loxopay immediately and send Loxopay a proof of payment. On this proof the following data must be complete and decipherable
contain: The bank details (IBAN) of the sender's account, the name of the account holder, the date of payment, the amount, the reason for payment and the bank details (IBAN) of the recipient. The burden of proof of a payment lies with the customer.
4.5 Loxopay is also entitled to discontinue the services if the fees are not paid.
4.6 Payments are due in the respective national currency or CHF or EUR.
4.7 Costs in the event of late payment: processing fee (from day 70 after the invoice date at the earliest, if handed over to collection service provider) depending on the amount of the claim, maximum amount in CHF or EUR: 50 (up to 20); 70 (up to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the claim (from 50,000).
4.8 Loxopay shall not be liable for any failure, damage or loss of revenue caused by the discontinuation of services due to incorrect or late payment, provided that the error or delay is the fault of the customer.
4.9 Unless otherwise stated, discounts or promotions apply to the first contract period of a contract term. The renewal of the contract takes place subsequently at the current, valid full price. Loxopay can change its offer and prices occasionally. In case of existing, fee-based contracts the
Changes shall take effect at the beginning of the next contract period and a reasonable notification period of at least 6 weeks shall be observed. If the customer does not object within 6 weeks of receipt of the notification and continues to use the services even after expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the notification of change, the customer shall be informed of his right to object and of the consequences of an objection.
4.10. All prices are inclusive of VAT. The applicable VAT rate is shown on the invoice at the latest. If the customer or the associated company is not domiciled in Switzerland, the customer will receive a net invoice.
5. Right of withdrawal
5.1 You have the right to revoke this contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us - Loxotipu GmbH, firstname.lastname@example.org - by means of a clear declaration of your decision to withdraw from the contract. You can send us an e-mail. To comply with the revocation obligation, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation obligation.
5.2 If you withdraw from the contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of receipt of the withdrawal. For this repayment we will use the same means of payment that you used for the original transaction. After termination of the contractual relationship Loxopay deletes the account of the Loxopay user.
6. Data protection
6.1 Loxopay ensures that personal data of customers are only collected, stored and processed as far as this is necessary for the provision of the services and permitted by legal regulations or ordered by the legislator.
6.2 In the event that declarations of consent under data protection law are obtained from the customer in the context of the use of the services, it is pointed out that these may be revoked by the customer at any time with effect for the future.
6.3 Insofar as there is processing of data on behalf, customers may request the conclusion of a commissioned data processing agreement.
6.4 In this context, Loxopay may also change details of the processing of data via its Internet pages. The latest information on the purpose, type and scope of the collection, processing and use of personal data can be found in the data protection information, which can be accessed at any time under the link "Data protection declaration of Loxotipu GmbH". There you will also find information about the cookies and services used by Loxopay.
7. Limitation of liability
7.1 Loxopay is liable without limitation for all damages caused by Loxopay in case of intent or gross negligence.
7.2 In case of slight negligence Loxopay is liable without limitation in case of injury to life, body or health.
7.3 In all other respects Loxopay shall only be liable if Loxopay has breached an essential contractual obligation. Essential contractual obligations are defined in the abstract as obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. In these
cases, liability is limited to compensation for the foreseeable, typically occurring damage, but no more than the amount of the fees already paid.
7.4 As far as the liability of Loxopay is excluded or limited according to the aforementioned regulations, this also applies to vicarious agents of Loxopay.
7.5 Liability under the Product Liability Act remains unaffected.
8. Final provisions
8.1 As far as legally permissible, the law of the Swiss Confederation shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.2 If the customer is a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
8.3 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.