Terms and Conditions

sticksafe.ch – Helvetic Vaultware

1. Scope

1.1 Supplier

The provider and contractual partner is:

Helvetic Vaultware
Inhaber: Detlef Eling
Hinterbergstrasse 19, 6330 Cham, Schweiz
E-Mail: info@sticksafe.ch

Hereinafter referred to as “the Provider” or “we”.

1.2. Applicability of the Terms and Conditions

These Terms and Conditions apply to all orders placed via the sticksafe.ch website. By placing an order, the customer confirms that they have read and accepted these Terms and Conditions. Any terms and conditions put forward by the customer that differ from these shall only apply if the supplier has expressly agreed to them in writing.

1.3 Consumers and businesses

These Terms and Conditions distinguish between consumers and businesses:

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
A trader is a natural or legal person, or a partnership with legal capacity, who, at the time of concluding the legal transaction, is acting in the course of their trade or in the course of their independent professional activity.

Where these Terms and Conditions contain special provisions for consumers or businesses, this is expressly indicated.

2. Subject matter of the contract

2.1 Product description

The subject matter of this contract is exclusively the provision of the StickSafe software as digital content (download), including an activation token, and the granting of a licence to use the software in accordance with clause 2.2.
The supply of hardware (in particular USB sticks or other data storage media) is not covered by this contract.

The specific functions, system requirements and features are set out in the relevant product description in the online shop at the time of ordering.

2.2 Software licence

Upon purchase, the customer acquires a simple, non-exclusive, non-transferable licence to use the StickSafe software for its intended purpose on compatible devices in accordance with the specified system requirements.

In particular, the following is not permitted without the express written consent of the provider:

Reproduction, distribution or making the software available to the public
Reverse engineering, decompilation, disassembly – to the extent permitted by law, the customer’s rights under Article 21 of the Swiss Copyright Act (URG) and Article 6 of the EU Software Directive remain unaffected
Removing or altering copyright notices or other intellectual property notices
Sharing or publishing the activation token

2.3 Activation token

The activation token is linked to the order and is non-transferable. If it is lost, the provider may issue a new token upon verification of identity and presentation of the proof of purchase. The provider may charge a reasonable administration fee for this.

2.4 Updates and software maintenance

The provider may provide security and functional updates for a reasonable period of time. There is no entitlement to specific updates, specific release cycles or additional functional enhancements, unless expressly guaranteed.

3. Conclusion of the contract

3.1 Ordering process

The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. By clicking on the ‘Place order’ button (or equivalent), the customer submits a binding offer to purchase the items in their basket.

3.2 Assumption

The supplier will confirm receipt of the order immediately by email. This confirmation of receipt does not constitute acceptance of the order. The contract is concluded upon express confirmation of the order or upon confirmation that the digital content is ready for delivery, or at the latest upon the actual provision of the download/token.

3.3 Language and text of the contract

The contract is concluded in the language selected during the ordering process. In case of doubt, the German version shall prevail. The text of the contract is stored; the customer will receive the order details and the terms and conditions by email.

4. Prices

4.1 Prices

The prices stated in the online shop at the time of ordering apply. All prices are exclusive of the applicable value added tax (VAT), provided that such tax is applicable.

4.2 Taxes

The applicable tax is automatically calculated during the ordering process based on the relevant criteria (e.g. country of invoicing) and shown at checkout.

5. Payment

5.1 payment service provider

Payments are processed via the payment service provider Stripe (Stripe Payments Europe Ltd., Dublin, Ireland). The accepted payment methods are those displayed during the ordering process, in particular credit cards and other payment methods supported by Stripe.

5.2 Due date

The purchase price is due upon conclusion of the contract and is immediately payable.

5.3 Late payment

If the customer defaults on payment, the supplier is entitled to charge interest on arrears at the rate permitted by law. The supplier reserves the right to claim further damages resulting from the default.

6. Provision of digital content

6.1 Provision

Downloads and/or activation tokens will be provided via email and/or via your customer account once payment has been received, usually within a few minutes.

6.2 Technical requirements and cooperation

The customer is responsible for ensuring that the specified system requirements are met and that they are able to receive and access emails.

6.3 Delivery restrictions under sanctions and export control legislation

Delivery to certain countries or territories may be prohibited under applicable sanctions and export control regulations. In such cases, the supplier is entitled to refuse or cancel orders; any payments already made will be refunded. By placing an order, the customer warrants that they are not included on any relevant sanctions list (in particular the SECO list, the EU sanctions list or the OFAC SDN list) and that they will not transfer the product to the countries mentioned or use it there.

Furthermore, the import and use of encryption technology may be subject to local restrictions in certain countries (e.g. China, Saudi Arabia, Russia and others). The customer is responsible for complying with the relevant local regulations.

7. Right of withdrawal for consumers in the EU

7.1 Right of withdrawal

Consumers residing in the EU have the right to cancel the contract within 14 days without giving any reason.

7.2 Premature expiry of digital content

In the case of contracts for digital content that is not supplied on a physical medium, the right of withdrawal expires early if

the consumer has expressly agreed that performance of the contract may commence before the expiry of the withdrawal period, and
the consumer has confirmed that they are aware that, by giving their consent to the commencement of performance of the contract, they lose their right of withdrawal.

This consent is obtained separately during the ordering process.

7.3 Exercising the right of withdrawal

To exercise this right, a clear statement is sufficient (e.g. by email to info@sticksafe.ch).

7.4 Consequences of withdrawal

In the event of a valid withdrawal, the supplier shall refund any payments received without delay, and at the latest within 14 days of receiving the notice of withdrawal, provided that the right of withdrawal has not lapsed prematurely in accordance with 7.2.

7.5 Swiss consumers

Consumers resident in Switzerland do not have a statutory right of withdrawal for online purchases, unless such a right is expressly granted on a voluntary basis.

8. Warranty and rights in respect of defects

8.1 Warranty

The statutory warranty rights apply, unless otherwise expressly agreed in these Terms and Conditions.

8.2 defects

A defect exists if, when used in accordance with the contract, the software does not possess the agreed quality.

In particular, faults do not include malfunctions caused by

Failure to meet the system requirements,
improper use,
Changes made by the customer or third parties,
incompatible third-party software or hardware
can be attributed to.

8.3 Rights in respect of defects against traders

For businesses, the warranty period is one year from the date of delivery. Businesses are obliged to inspect the goods immediately upon receipt and to report any defects in writing within seven days (Art. 201 of the Swiss Code of Obligations). If a defect is not reported in time, the goods are deemed to have been accepted.

8.4 Software defects

Software is deemed to be defective if it does not possess the agreed or customary quality. Minor deviations from the specified quality, as well as defects resulting from improper operation, modification or use in an unsuitable environment, do not constitute a defect.

9. Liability

9.1 restriction

The supplier’s liability for direct damages is excluded in full to the extent permitted by law. In all cases, it is limited to the value of the goods.

9.2 Exclusion of liability for other damages

Any further liability on the part of the provider is excluded – to the extent permitted by law. In particular, the provider shall not be liable for loss of profit, indirect damage, consequential damage, the recovery or loss of data, provided that such damage is not due to wilful misconduct or gross negligence.

9.3 Data loss

The customer is responsible for regularly backing up their own data. The provider shall not be liable in the event of data loss.

9.4 Product liability

The above provisions do not affect strict liability under the Swiss Product Liability Act (PrHG) or the EU Product Liability Directive.

9.5 No liability for hardware

The subject matter of this contract is exclusively software as digital content. Liability for hardware (including USB sticks, end devices, peripherals or other data storage media) is excluded to the extent permitted by law.

10. Data protection

Personal data is processed in accordance with the privacy policy available at

https://sticksafe.ch/de/datenschutzerklaerung/

(or the current language version).

11. Applicable law

All legal relationships between the Supplier and the Customer shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention).

In the case of consumers who are habitually resident in a Member State of the European Union, the choice of Swiss law pursuant to Article 6(2) of the Rome I Regulation shall have no effect insofar as it conflicts with mandatory consumer protection provisions under the law of the State in which the consumer is habitually resident. Those provisions shall remain applicable in all cases.

12. Place of jurisdiction

12.1 Jurisdiction for businesses and Swiss consumers

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is the Provider’s registered office in Cham (Canton of Zug, Switzerland). The Provider is also entitled to bring legal proceedings against the Customer at the Customer’s general place of jurisdiction.

12.2 Jurisdiction for EU consumers

For consumers resident in a Member State of the European Union, mandatory European rules on the jurisdiction of the courts in consumer matters apply (Art. 17 et seq. of the Brussels I Regulation):

The consumer may bring legal proceedings against the supplier either at the supplier’s registered office in Cham (Switzerland) or at the consumer’s place of residence.
Any legal proceedings brought by the supplier against the consumer may only be brought at the consumer’s place of residence.

13. Dispute resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

14.1 Severability clause

Should any provision of these General Terms and Conditions be invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective which the contracting parties intended to achieve with the invalid provision.

14.2 Changes to the Terms and Conditions

The supplier reserves the right to amend these Terms and Conditions. For orders currently in progress, the version available in the online shop at the time the order was placed shall apply.

14.3 In writing

Any amendments or additions to these Terms and Conditions must be made in writing (an email is sufficient). This also applies to any waiver of the requirement for written form.