General terms and conditions (GTC)

1. Scope of the general terms and conditions

1.1. The general terms and conditions govern the business relationships between EduLib AG, Quellenstrasse 4e, 9402 Mörschwil (hereinafter referred to as «EduLib») and customers for all offers and services provided by EduLib, including the associated catalogue and online registration.

1.2 Any deviating conditions of the customer shall not apply, even if the provider does not expressly object to them.

1.3 Oral side agreements or contract amendments are only effective if confirmed by the provider in writing or by email.

1.4 If, within the scope of a license agreement, the customer makes a product or service of the provider accessible to third parties, the customer is obliged to inform these users of the contractual provisions, including these GTC, and to ensure that use only takes place in compliance with and within the scope of the contractual provisions and these GTC. The customer shall be liable to the provider for any damages resulting from a breach of this obligation.

2. Conclusion of contract

2.1 For the use of the platform, a written contract is concluded between the educational institution and EduLib AG for a fixed period.

2.2 All offers on the platform are non-binding. They do not constitute an offer to conclude a contract, but merely an invitation to the customer to place an order.

2.4 By clicking the purchase button, the customer submits a binding order to EduLib for the selected offer or the contents of the shopping cart.

2.5 EduLib reserves the right to make parts of its offer accessible only to teachers or other users entrusted with educational tasks.

3. Prices, payment terms

3.1 Price information

Only the provider's price information at the time the contract is concluded shall be authoritative. Unless otherwise indicated, all prices are stated in Swiss francs (CHF/SFr), including statutory VAT, plus shipping costs and packaging costs. The current Swiss VAT rates apply. EduLib supplies goods against invoice. The invoice amount is due for payment within 20 days without deduction. No cash discounts are granted. Gross prices are shown in the catalogue. Any deviating payment terms must be confirmed by EduLib in writing.

3.3 Default in payment

The customer shall be in default of payment if they fail to pay following a reminder issued by EduLib after the due date. Even without a reminder, default shall occur no later than 20 days after the due date and receipt of the invoice. In the event of default in payment, EduLib shall be entitled to charge default interest. The assertion of further damages remains unaffected. From the second reminder onwards, a reminder fee of CHF 20.00 shall be due in any case.

3.5 Creditworthiness

If, after conclusion of the contract, EduLib becomes aware of circumstances likely to reduce the customer's creditworthiness, or if the agreed payment terms are not complied with, EduLib shall be entitled, at its own discretion, to demand immediate payment of all claims arising from the business relationship.

4. Delivery

4.1 Ordered goods are generally delivered within one week after the contract is concluded to the delivery address specified by the customer. Delivery periods and dates are always approximate unless special agreements have expressly been made in writing in individual cases. Orders for products that are not yet available are treated as reservations and delivered within a reasonable period after publication.

4.2 EduLib is entitled to make partial deliveries and partial invoicing. If delivery difficulties or impossibility only affect part of a delivery, the right of withdrawal shall also be limited to the affected part, provided that such limitation does not objectively affect the remaining contract. The customer may not withdraw from the entire contract.

4.3 Deliveries that fail or are delayed due to circumstances for which EduLib is not responsible entitle EduLib to deliver at a later date or to withdraw from the contract in whole or in part, without the customer being entitled to claim damages. This does not apply if the obstacle preventing performance by EduLib is only temporary in nature. In cases of delivery delays that are unreasonable for the customer, the customer shall also be entitled to withdraw from the contract.

5. Returns

Returns are generally only possible in consultation with EduLib.

6. Data protection

EduLib points out that customers' personal data is processed electronically. Further information can be found in the document: «EduLib AG Data Protection».

7. Defects

The customer is obliged to inspect the goods immediately for completeness and proper condition. Claims regarding defects can only be considered if they are submitted in writing within five days of receipt of the goods. Transport damage must be reported immediately to the delivery company on site upon receipt of the goods. In the event of defects, the publishers shall, at the customer's choice, either a) remedy the defect or b) provide subsequent performance by delivering new goods, unless the type of subsequent performance involves disproportionate costs. If, despite two attempts at rectification, the defect is not remedied, the publishers are unwilling or unable to provide subsequent improvement or replacement delivery, this is not done within a reasonable period, or subsequent performance fails for other reasons, the customer shall be entitled, at their choice, to withdraw from the contract or demand a corresponding reduction of the purchase price.

8. Place of performance, jurisdiction and applicable law

The place of jurisdiction and the place of performance for payments is the registered office of EduLib. All contracts concluded with EduLib AG shall be governed by Swiss law.