General Terms and Conditions

1. Scope

These terms and conditions apply to all services provided by PC und IT Hilfe (referred to below as the "Provider") to clients (referred to below as the "Client"). By making use of a service, the Client agrees to these terms.

2. Services

The Provider offers support services in the areas of IT, telecommunications, networks, web design, hosting, licence sales and related services for private individuals and SMEs. The exact scope of services is agreed individually in each case.

3. Appointments and cancellations

3.1. Appointments are binding.
3.2. Free cancellation by the Client is possible up to 12 hours before the agreed appointment.
3.3. In the event of short-notice cancellation (less than 12 hours beforehand) or a no-show, the Provider reserves the right to invoice any preparatory work already carried out, as well as a flat-rate no-show fee.
3.4. If an appointment is postponed or cancelled by the Provider — for example due to unforeseen events (e.g. illness, accident, technical failures) — no charge is made for the affected service. The Client is informed without delay.

4. Prices, payment terms and licences

4.1. Prices are based on the price list valid at the time, or on an individual quote.
4.2. Unless otherwise agreed, payments are due within 10 days of invoicing.
4.3. A reminder fee of CHF 10.– per reminder is charged after the payment deadline has passed. A flat fee of CHF 180.– is charged if a debt collection agency is engaged. A flat fee of CHF 250.– is charged in the event of debt enforcement proceedings.
4.4. Microsoft licences (NCE): The Provider offers Microsoft licences via the ALSO Cloud Marketplace under the New Commerce Experience (NCE) programme. For new orders, a cancellation window of 7 days from the activation date applies, as set by Microsoft; after this window, cancellation or modification is excluded until the end of the contract term. For NCE licences billed annually, the notice period is 3 months before the end of the contract term. If notice is not given in good time, the licence is automatically renewed for a further year under the then-applicable terms.

5. Delivery and performance time

Appointments and delivery deadlines are non-binding unless expressly agreed otherwise in writing. Any stated delivery deadlines or dates are subject to correct and timely delivery by suppliers and manufacturers.

6. Delivery

Visible quantity discrepancies must be reported to the Provider and the carrier in writing immediately upon receipt of goods; concealed quantity discrepancies must be reported within 4 days of receipt. Complaints regarding damage, delay, loss or poor packaging must be reported immediately upon receipt of the shipment.

7. Passing of risk

Risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If shipment is delayed or becomes impossible through no fault of the Provider, risk passes to the buyer upon notification that the goods are ready for shipment.

8. Returns

For returns, the Provider requires that the defective part or device be sent or delivered to PC und IT Hilfe for repair together with a completed repair form and a copy of the invoice. Shipping costs are borne by the buyer. The replacement of parts, assemblies or entire devices does not create new warranty periods. When sending in a device, the buyer is responsible for backing up any data on it, as data may be lost during repair work.

9. Retention of title

Delivered goods remain the property of the Provider until paid in full and may be repossessed from the Client in the event of payment default. The Client may not deny access to the goods in such a case.

10. Liability and limitation of liability

10.1. The Provider is liable only for damage caused by gross negligence or intent.
10.2. Claims for damages arising from impossibility of performance, breach of contract, fault at the time of contract conclusion, or tort are excluded, both against the Provider and against its agents or auxiliary persons, unless caused by intentional or grossly negligent conduct.
10.3. Liability for data loss, business interruption or consequential damage is excluded unless expressly agreed otherwise.
10.4. Any liability for consequential damage arising from the use of products is rejected.

11. Copyright / software warranty

Where software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for their own use — it may not be copied or made available to others for use. Software is excluded from all warranty provisions; only the manufacturer's licence agreement terms apply.

12. Data protection

The Provider is entitled to process data about the buyer obtained in connection with the business relationship in accordance with applicable Swiss data protection law. Personal client data is treated confidentially and is not disclosed to third parties.

13. Jurisdiction and applicable law

Swiss law applies exclusively. The place of jurisdiction is Sirnach TG, unless another statutory place of jurisdiction is mandatorily required.