OUR GTC

General Terms and Conditions

Scope of application

These General Terms and Conditions (GTC) define and regulate the contractual relationship between the customer (hereinafter referred to as the customer) and Brülhart Media KLG.
By signing this contract with Brülhart Media KLG, the customer accepts these General Terms and Conditions of Brülhart Media KLG. If, in addition to the contract with Brülhart Media KLG, the customer also makes use of services, offers and products from Google or Facebook (all offers from Google and Facebook apply), the corresponding terms and conditions of Google and Facebook apply to these.
These GTC also apply to the use and ordering of the digital business card B-CARD, which is offered via the Brülhart Media KLG webshop.

Conclusion of contract

A legally valid contract with Brülhart Media KLG is concluded when the contract is signed or an electronic order is placed and confirmation is given that the GTC have been read and accepted.
In the case of products from third-party providers (e.g. Google or Facebook), Brülhart Media KLG is commissioned to conclude the corresponding contracts on behalf of the customer. In this case, the terms and conditions of the respective third-party providers apply in addition.
The contract only comes into force after written or electronic confirmation by the management. The customer will generally be informed of any rejection within 7 working days.

Start and duration

The contract period begins with the conclusion of the contract or the purchase of the product via the online store.
Early termination does not release the customer from the obligation to pay the agreed contract sum.
The contract is concluded for a specific term and is automatically extended if it is not terminated in writing at least 2 months before expiry.

Services – B-CARD specific

With the B-CARD, Brülhart Media KLG offers a digital business card that is used via an annual subscription.
The customer can choose between different service packages (e.g. Minimum, Optimum, Premium). The exact scope of services can be seen on the website or in the store.
The B-CARD is created for a one-off set-up fee. Technical implementation only begins once this fee has been received.
The annual subscription is charged via the store with the one-off set-up fee. The access data and the required links will be sent to the customer electronically once the B-CARD has been completed.
The B-CARD can be fully managed by the customer (e.g. adaptation of texts via the back office). Advanced customizations (e.g. images, icons, templates) are carried out by the support team for a fee.
The premium package includes the creation of an individual WordPress website with extended functions, hosting and support services. Billing is carried out on a package basis according to the number of employees.

Hosting and availability

The B-CARD is hosted on servers of Metanet AG in Switzerland. Despite careful selection of our hosting partners, we cannot guarantee uninterrupted availability or error-free functionality of the services.
The availability of the service is based on the terms and conditions of Metanet AG, which guarantee a network availability of 99.9% per calendar half-year.
Interruptions due to maintenance work, technical faults, force majeure or attacks by third parties (e.g. DDOS attacks) are expressly reserved.
Brülhart Media KLG is therefore not liable for outages, transmission delays or data loss attributable to the telecommunications infrastructure, network disruptions or other events within the sphere of influence of Metanet or third-party providers.

Prices and terms of payment

The prices for products and services are based on the current price list and are shown on the website.
Payment is made either on account (10 or 30 days) or via an external payment provider via the online store.
In the event of default, Brülhart Media KLG is entitled to deactivate content or access to the B-CARD without prior notice. This shall not give rise to any claims for damages on the part of the customer.
Subscriptions to the B-CARD are automatically renewed for a further year if they are not terminated in due time. There will be no refund in the event of premature termination.

Data protection – B-CARD specific

Brülhart Media KLG processes personal data in accordance with the provisions of the Swiss Data Protection Act (DSG).
For B-CARDs with an embedded Google Maps function, data may be transmitted to Google. This is communicated in the privacy policy on the main page or directly on the B-CARD.
No tracking or analysis tools are used within the B-CARD unless expressly requested by the customer and commissioned in writing.

Other provisions

In all other respects, the existing clauses of the GTC of Brülhart Media KLG on liability, implementation, rights of use, data protection, amendments, place of jurisdiction and applicable law also apply mutatis mutandis to the B-CARD.

Liability

1. except in cases of gross negligence and only for direct or intentionally caused damage, Brülhart Media KLG is liable. Liability for auxiliary persons of Brülhart Media KLG is generally excluded. 1. except in cases of gross negligence and only for direct or intentionally caused damage, Brülhart Media KLG is liable. Liability for auxiliary persons of Brülhart Media KLG is generally excluded. Liability for damages caused intentionally is limited to a maximum of the reimbursement of the services booked under the contract.
2 Brülhart Media KLG accepts no liability for loss of profit, consequential damage, interruptions, maintenance work, etc. or in relation to other third parties such as Google and/or Facebook.

Changes and additions

1. amendments and additions to the contract must be made in writing and signed by both parties.
2. Brülhart Media KLG reserves the right to amend the GTC at any time. The customer must be informed of any changes. The customer is entitled to terminate the contract in writing with effect from the date on which the amended GTC come into force, subject to a notice period of one month. The right of termination expires with the entry into force of the amended GTC.
3. Brülhart Media KLG is entitled to transfer this contract to any third parties for the provision of its services.

Place of jurisdiction

1. for customers with a foreign place of residence or business, the place of business of
of Brülhart Media KLG shall be the place of debt collection and the exclusive place of jurisdiction for all proceedings.
2. the place of jurisdiction is the registered office of Brülhart Media KLG.

Applicable law

1 The contract between the parties shall be governed exclusively by Swiss law.

Responsible authority

Brülhart Media KLG
Chamberweg 2
4628 Wolfwil
Switzerland

E-mail: info@b-card.ch

Authorized representatives
Stefan Brülhart
Delia Abbühl

Commercial register entry
Registered company name: Brülhart Media KLG
UID number: CHE-439.893.222