Tel: +41 (0)71 510 05 45
Terms and conditions
For the use of the website www.qlupod.com (the Website), the QluPod mobile solution accessible on the App Store and the Google Play Store (the Mobile Application), and the products and/or services available through the Website, the Mobile Application or any other channel referred to in these Terms and Conditions (T&C) provided by QluPod AG, Industriestrasse 28. 9100 Herisau, Switzerland.
- GENERAL PROVISIONS
Conditions for access
1.1 Acceptance. Any access or use of the Website, the Mobile Application or the services available through them (the Services), including ordering and purchasing products (Products), is subject to these TOS. Anyone accessing and/or using the Website, the Mobile Application and/or the Services (a User or you) agrees to be bound by these TOS.
1.2 Personal Requirements. In order to use the Website, the Mobile Application or the Services, you must (i) be a natural person who is at least 18 years of age, and (ii) provide the information requested during registration.
1.3 Access. You are responsible for obtaining, at your own expense, the equipment and software (computer, software, telecommunication means, etc.) necessary to access the Website and the Mobile Application and for paying all costs incurred through their use.
- Personal account
2.1 Account. Certain features of the Website or the Mobile Application are only available to Users who have created a personal account (the Account) and are logged into their Account.
2.2 Accuracy. You warrant that all information you provide during registration or otherwise is true and accurate. Therefore, you must keep this information up to date at all times.
2.3 Confidentiality. You are responsible for the quality and confidentiality of your access information and for the use of your account, including use by third parties, whether or not you have authorised such use. You will be fully liable for any loss and/or damage that may result from such use. You must notify us immediately of any unauthorised access or use of your account or any other breach of security.
- Intellectual property
3.1 Ownership of Intellectual Property. Subject to Section 3.3 (User Content), we and our licensors own the copyright and all intellectual property rights in the Website, the Mobile Application, the Services and the Content published thereon.
3.2 Licence. Subject to your compliance with these TOS and any additional applicable terms and conditions referenced in the Mobile Application, we grant you a non-exclusive, non-transferable, non-assignable, revocable, limited license, without the right to sublicense, to the Mobile Application and Content for your personal use, solely to use the Services in accordance with these TOS. Except as otherwise provided in these TOS, you are expressly prohibited from using the Mobile Application or the Services on behalf of or for the benefit of any third party. We and/or our licensors reserve all rights in and to the Mobile Application, the Content and the Services not expressly granted herein.
3.3 User Content. The Mobile Application allows users to upload, post or submit content, such as log information, survey responses (the User Content). If your account is active, you can access your User Content through your account interface. You retain ownership of the User Content you upload. We may use your User Consent to the extent necessary to provide, monitor and improve the Website, Mobile Application and Services. We will not share your User Content with other users or sell it to third parties. However, we reserve the right to re-use your User Content for scientific publications, for making recommendations useful to other users, for developing and marketing new services, and for statistical analysis, provided that we use reasonable efforts to anonymise it, for which purpose you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, transferable and assignable licence, with the right to sub-licence, to use your User Content for these purposes. We reserve the right (but have no obligation) to adapt, refuse or remove any User Content in our sole discretion.
3.4 Third Party Content. The Website, Mobile Application and Services may contain content and/or software components developed, distributed and/or licensed by third parties (Third Party Content). Such Third Party Content is licensed to you subject to the applicable terms and conditions of the relevant third party. We will use our best efforts to identify such Third Party Content. Nothing in these TOS limits any rights or obligations you have, or any terms to which you are subject, under any applicable open source licences for open source software incorporated into and/or provided with the Website or Mobile Application.
3.5 Infringement. Assume that you believe that the Website, the Mobile Application, the Content or the provision of the Services infringe any copyright or other intellectual property right. In this case, you may contact us at any time at firstname.lastname@example.org and we will investigate your request.
- Restriction of use
4.1 Obligations and Restrictions. You must comply at all times with these TOS and all laws and regulations applicable to your use of the Website, the Mobile Application and the Services. Except as otherwise required by mandatory law, you may not: (i) use and/or access the Website and the Mobile Application for any purpose other than as provided in these TOS; (ii) copy, reproduce, frame, mirror, crawl, republish, modify or create derivatives of any part of the Website, the Mobile Application, the Services and/or the Content; (iii) access or attempt to access the source code of the Website or the Mobile Application, attempt to reverse compile, disassemble, reverse engineer or otherwise convert the Website, the Mobile Application or its infrastructure, in whole or in part, into a human-perceivable form; (iv) introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects on, intercept or interfere with any system, data or personal information; (v) access or use the Website, Mobile Application or Services to create a competing product or service or copy its features or user interface; and (vi) allow any third party to use all or any part of the Website, Mobile Application, Services or Content to which access is restricted.
4.2 User Content. You represent and warrant that your use of the Website, the Mobile Application and your User Content will not (i) violate or cause a third party to violate any applicable law or regulation; (ii) infringe any intellectual property or other proprietary right or right of publicity or privacy; (iii) be unlawful; (iv) contain false, incomplete or inaccurate information about yourself or any other person, business or entity, or be defamatory or libelous; (v) be obscene or contain pornography; or (vi) be inappropriate or have inappropriate language.
4.3 Non-Compliance. Without limiting the rights otherwise provided in these TOS, in the event of non-compliance with these TOS, we reserve the right to deny you access to the Website and the Mobile Application or refuse to provide the Services and Products to you.
- Amendment and suspension
5.1 We reserve the right at any time and for any reason to modify or discontinue, temporarily or permanently, the Website, Mobile Application, Content or Free Services with or without notice and without incurring any liability.
5.2 If you have an Account, we may, at our sole discretion, suspend, delete or terminate your Account, any related information and/or your access to and/or use of all or part of the Website, temporarily or permanently, if you breach these TOS.
5.3 If you use our Service, we reserve the right to modify or change the Service at any time while any connected product is still functional. You have no right to require a particular appearance or functionality of any Service used.
- PRODUCT ORDERS AND SALES
The ordering and sale of the Products via the Website or the Mobile Application shall be subject to the provisions of this Section II (in addition to the other parts of these T&Cs) as in force at the time the Products are ordered.
- Products and prices
6.1 Presentation. The products are described as accurately as possible. However, the images shown are indicative only, may differ from the final product and have no binding contractual effect.
6.2 Availability. Although we will usually indicate when Products are unavailable, the availability of Products on the Website or the Mobile Application is not guaranteed. Orders are placed subject to availability.
6.3 Price. Content and pricing is based on the country you select when visiting the Website. Unless otherwise stated, prices on the Website or Mobile Application will be displayed in the currency of the country associated with the localised version of the Website you are accessing. The prices shown on the Website or mobile application at the time you place your order will apply. We reserve the right to change the cost of the Products at any time.
6.4 Fees and Charges. The prices of the Products include all charges associated with cross-border shipping, such as foreign taxes, customs duties, shipping and insurance charges.
6.5 Payment Options. You can either pay the total price all at once or pay in instalments over a period of time. Once your purchase is complete and the instalment payment (instalment plan) has been made, you will have ongoing access to the Product features. QluPod reserves the right to solely determine which features are included and to make changes at its sole discretion.
6.6 Instalment Plans (Subscription). The minimum initial term specified in writing on the Website or Mobile Application and, if no term is specified, a fixed term of 12 months (the Initial Term). Instalment payment plans are completed upon successful completion of all payments by the end of the Initial Term. Instalment payment plans cannot be cancelled after the order has been placed, except under the conditions of revocation or return as described in Section 9.
6.7 Retention of Title. If you choose to pay for your ordered product in instalments, we retain title to the product until payment is made in full.
- Order and purchase
7.1 Order. To place an order, you must fill in the required information and click on the “Buy Now” button on the website. You can then check your order information. To complete the order, you must accept the Terms and Conditions and confirm the order. Any order you place through the Platform constitutes a binding offer by you to enter into a contract with us. If you wish to cancel or amend an order after you have placed it, please see our Frequently Asked Questions section to see if this is possible in your situation. By submitting your order to us, you agree to pay the price stated in the order confirmation.
7.2 Payment. To proceed with your order, you must provide a valid payment method, depending on the options available on the Website or Mobile Application.
7.3 Confirmation. If the payment method is accepted, QluPod will receive your order and check the availability of the ordered Product. If it is available, a confirmation email will be sent to you. If the ordered product is not available or if your order cannot be accepted for any other reason, you will be notified by email and will no longer be bound by your order. A purchase contract for the product is only concluded when QluPod confirms your order.
7.4 Changes by QluPod. We may need to reject, refuse or cancel an order for any reasonable reason after confirmation. In this case, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products, we will refund the total amount of the relevant Products and any delivery charges invoiced to you as soon as possible. We may also refuse an order if there is a dispute about payment for previous orders or if the order is abnormal or if QluPod believes it was not placed in good faith.
8.1 Delivery. The Products which are the subject of a confirmed order will be delivered to the address specified in the order by a carrier of our choice. We reserve the right to contact you for further information regarding your order and delivery. The delivery dates given are for guidance only. If you order more than one product, we may make partial deliveries.
8.2 Charges, duties and shipping. Delivery will be made from Germany. In order to provide you with a smooth shopping experience, we will manage fees, duties and shipping on your behalf. In the event of a refund, these fees, duties and shipping charges will not be credited against your refund amount in accordance with the terms in section 9.
- Right of redemption
9.1 In general. In accordance with the laws of the European Union on distance selling, we offer our customers a right of withdrawal without giving reasons.
9.2 Exercise of the right of withdrawal. You have the right to withdraw from the purchase of a product within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you who is not the carrier has or has taken possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear declaration. You can use the model withdrawal form below for this purpose. We recommend using e-mail as the method of contact. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The returned item should be accompanied by the cancellation letter and the online delivery note (enclosed with the delivered order). If you have lost or misplaced your online delivery note, please contact Customer Service.
Sample cancellation form (only complete and return this form if you wish to cancel the contract):
- I/we hereby revoke the contract for the purchase of the following goods/provision of the following service (*)
- Order number
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Reason for return (optional)
- Confirmation of the return
- Signature of the consumer(s) (only if this form is submitted in paper form)
- All goods returned for refund under clause 9 must be:
- be returned in their original condition
- In their original packaging
- With proof of purchase
9.3 Return. Upon receipt of your cancellation form and confirmation that the conditions for cancellation have been met, QluPod Customer Service or our logistics partner will provide you with a return shipping label that you can use to return the item. We strongly recommend that you use our shipping label to minimise the cost to you. You must return the products to us immediately and in any case no later than 14 days from the day on which you received the shipping label or exercise your right of withdrawal. The deadline is met if you return the products before the expiry of the 14-day period. You must pay for any loss in value of the goods that is due to handling them in a way that is not necessary for checking the condition, properties and functioning of the goods. In any case, you are obliged to pay all shipping costs incurred as a result of your revocation.
9.4 Refund. As soon as you have informed us of your revocation, we will refund any payments received from you (with the exception of any fees, customs duties and shipping costs paid by us on your behalf) without undue delay and in any case no later than 30 days from the day on which we received the notice of revocation. For this repayment, we will use the same means of payment that you used for the original transaction.
- Product guarantee
10.1 Warranty. Subject to clause 10.2, the Products are warranted for one year unless a mandatory law applicable to you provides for a longer warranty period (in which case it shall apply). The warranty shall commence upon delivery of the Products, which must be evidenced by the invoice for the relevant Product. The foregoing is without prejudice to longer statutory limitation periods.
10.2 Exclusions. Excluded from the warranty pursuant to section 10.1 of these GTC are in particular damages resulting from improper use of the Products, use contrary to QluPod’s instructions or for a purpose not specified, negligence, modifications, attempted repairs by an unauthorised party, improper storage, immersion in water or preservation of the Products, accident, defects resulting from transport of the Products and normal loss or wear and tear.
10.3 Effect. To determine if your product is eligible for a refund or replacement under warranty, please contact QluPod Customer Service. QluPod Customer Service may request that you return or destroy the Product. If a return is required, QluPod Customer Service or our logistics partner will provide you with a return label that you can use to return the item. Only items shipped with the label provided will be accepted. Please send your item only to the address provided by QluPod Customer Service or our logistics partner and do not use any other method. Once we receive your item, it will be inspected to determine if your item meets the terms of the warranty. If the warranty conditions are met, we will replace the defective Product or, at our sole discretion, refund the price paid for the Product (excluding any fees, duties and shipping charges paid by us on your behalf).
10.4 Exclusive Warranty. The warranty set out in this Section 10 of these Terms and Conditions is exclusive to the extent permitted by applicable law. It supersedes and replaces any other warranties or rights you may have in relation to the Products.
- III. FINAL PROVISIONS
The provisions of Section IV of the GTC apply to all uses of the Website, the Mobile Application and/or the Services.
- Data protection
We have issued a privacy notice describing how and for what purposes personal data is collected through the website and mobile application. This privacy notice, as amended from time to time, forms an integral part of these T&Cs.
13.1 Principle. You expressly acknowledge and agree that, to the fullest extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages in tort, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of (i) the use, unavailability or inability to use the Website, the Mobile Application, the Products or the Services, (ii) unauthorised access to or alteration of your data, (iv) statements or actions of third parties on or in connection with the Website, the Mobile Application, (v) the information and results available on the Website, the Mobile Application and specific information of a medical or scientific nature and any linked websites and any documents distributed on the Website, the Mobile Application, (vi) any other cause relating to the Website, the Mobile Application.
Our legal liability for personal injury or bodily harm and fraud or fraudulent misrepresentation shall not be affected.
13.2 Limitation of Liability. Without prejudice to the foregoing limitations, our liability for indirect and/or consequential loss or damage is expressly excluded (including but not limited to loss of profit, commercial loss, loss of revenue or profit, loss of customer base, loss of opportunity or the cost of procuring a substitute product or service) in connection with or arising out of the failure to provide or the improper provision of any Service or Product to the extent such exclusion is permitted by applicable law. In addition, our liability is limited to the maximum amount of the price paid for the service or product.
14.1 Severability clause. If any provision of these GTC is or becomes invalid, unenforceable or non-binding, this shall not affect the remaining provisions. In such event, any such invalid, unenforceable or non-binding provision shall nevertheless be enforced to the fullest extent permitted by applicable law, provided that the invalid, unenforceable or non-binding provision is replaced with a valid, enforceable and binding provision that matches the intent of the original provision as closely as possible.
14.2 Assignment. You may not assign or transfer any of your rights or obligations under these TOS. However, we may at any time and without your prior consent assign or transfer any rights or obligations or subcontract the performance of our obligations under these TOS.
14.3 Force Majeure. We will not be liable for any failure to perform or delay in performance of our obligations due to events of force majeure such as natural disasters of significant magnitude, wars, governmental or regulatory actions, riots, strikes, epidemics or pandemics, power or telecommunications network failures. If any such event occurs, we will notify you immediately.
14.4 No Waiver. Any delay or failure by QluPod to apply all or any part of the provisions of these TOS, regardless of its frequency or duration, shall not be deemed a general waiver thereof.
- Applicable law, jurisdiction and venue
15.1 Applicable Law. These T&Cs and the relationship between you and us and the order and sale of the Products shall be governed by Swiss law, excluding its conflict of law rules and the Vienna Convention on Contracts for the International Sale of Goods.
15.2 Jurisdiction. The exclusive place of jurisdiction for all disputes relating to these T&Cs shall be the competent courts at QluPod’s registered office, subject to any jurisdiction prescribed by law. Notwithstanding the foregoing, nothing in these T&Cs shall prevent us from seeking injunctive relief or any other remedy available at law in any jurisdiction in the event of an infringement of our intellectual property rights.
If you have any questions about the website, the mobile application or the T&Cs, you can contact us at email@example.com.
These T&Cs may be amended from time to time. In this case, you will be notified in an appropriate manner (including by email or via the website, mobile application, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Website or the Mobile Application after such notification shall be deemed to constitute acceptance of the amended TOS.
The original language of these T&Cs is English. Any translation provided is for convenience only. In the event of any inconsistency between the original English version and any translation, the English version shall prevail.