Terms and conditions of sale

Scope

These provisions govern the contractual relationship between the client and OGGO. The terms used are defined in section 11.

What OGGO provides

General

OGGO provides the agreed services with care, and may carry out all or part of them at its workshop, after informing the client. OGGO will not install non-original products or software without a valid licence.

Warranty

The warranty covers call-out and travel costs arising from the recurrence of an identical fault, on the same equipment and the same sitewithin seven days of a call-out. It does not apply in cases of improper use, insufficient maintenance, lack of technical competence or viruses. Hardware warranties follow the terms of suppliers and manufacturers.

Use of third parties

OGGO may call on third parties to provide its services.

Shipping and delivery

Deliveries are at the buyer's risk, who bears any loss or damage. OGGO chooses the method of shipping; any other method required by the client is at their expense.

What the client provides

The client provides all information needed to perform the contract properly. They confirm they have reviewed the characteristics of the services and chosen according to their needs.

Prices, invoicing and payment

Prices

Prices are provided on request. Inclusive of VAT for private clients, exclusive of VAT for businesses. The advance recycling fee is not included. Any additional work requires a quotation accepted beforehand. The prices applied are those in force at delivery.

Quotations

Quotations are without obligation and valid for twenty days unless stated otherwise, subject to errors and omissions. Stated lead times are indicative and depend on supplier confirmations.

Invoicing

For time-and-materials work, invoices are based on OGGO's records. In the event of a dispute, those records prevail.

Payment terms

Invoices to private clients are payable in cash on delivery. Those to businesses, in Swiss francs, within fifteen days unless stated otherwise. Projects are settled at the end of each phase. Once the due date has passed without a reasoned written dispute, the invoice is deemed approved. Ownership of equipment transfers only after payment in full.

Late payment

An invoice neither paid nor disputed by the due date entitles OGGO to suspend current orders. Costs arising from the delay, including default interest and legal fees, are borne by the client.

Advance payment

OGGO may require advance payment in case of doubt over ability to pay, collection difficulties, composition proceedings or bankruptcy.

Data protection

OGGO processes personal data solely to perform the services, in accordance with the contract and the law. The client authorises OGGO to exchange data with authorities or debt collection firms to check creditworthiness or recover a debt. Data may be passed to third parties involved in the services.

Intellectual property

OGGO grants the client a right of use that is non-transferable and non-exclusive over the services and products, for the term of the contract. Intellectual creations arising from performance remain OGGO's property.

Liability

OGGO is liable only in cases of gross negligence or intent, and the burden of proof lies with the buyer. Liability is capped at the value of the agreed services.

OGGO is not liable for consequential damage, loss of profit, loss of data, damage arising from use contrary to legal provisions, or the integrity of data during technical work.

Force majeure

OGGO's liability is excluded where the provision of its services is temporarily suspended. Performance of the contract is postponed in proportion to the event, without damages.

Entry into force, term and termination

Entry into force

Online, the contract takes effect on receipt of written or email confirmation. By telephone, as soon as both parties accept its terms. In all cases, it enters into force when the service is provided.

Term and termination

Early termination by the client entitles OGGO to claim the amounts due for the remaining period. OGGO may terminate without notice or compensation in the event of serious breach or for good cause.

Amendments

Any price change requires the agreement of both parties; failing a specific agreement, OGGO's price lists apply. Taxes and duties adjust to legal provisions without giving rise to a right of termination.

Other amendments are notified early enough for the client to terminate. Without termination within that period, the amendment is deemed accepted.

Defined terms

The definitions cover: general terms, order, contract, invoice, products and services.

Assignment

The client may assign its rights and obligations only with OGGO's prior written consent. OGGO may assign the contract without prior consent.

Contact us

Telephone: +41 22 830 21 00, Monday to Friday, 8 am to 6 pm. Email: hello@oggo.ch. Address: Rue Jean-Gutenberg 3bis, 1201 Genève, Switzerland.

Jurisdiction and governing law

This contract is governed by Swiss law. Jurisdiction lies in Geneva.