TERMS AND CONDITIONS
General Terms and Conditions (GTC) of TW-Homeautomation GmbH
1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between the customer and TW-Homeautomation GmbH, Via Valetta 10, CH-7537 Müstair. The contractual basis is the version of the GTC valid at the time of contract conclusion as well as the privacy policy, which is an integral part of the GTC. Deviating or supplementary GTC of the customer are only valid if they are explicitly accepted in writing by TW-Homeautomation GmbH.
2. Contract Conclusion
2.1 Offers transmitted electronically, in writing, by telephone, or otherwise by TW-Homeautomation GmbH to the customer are non-binding. Technical and other changes remain reserved within reasonable limits.
2.2 With their order, the customer makes a binding contract offer and confirms acceptance of the GTC. TW-Homeautomation GmbH can accept the offer within 5 working days or reject it after a credit check.
3. Scope of Services
3.1 Distribution Solutions: TW-Homeautomation GmbH provides the customer with the contractual services, in particular access to its own distribution solutions and their components. The scope of services, product features, and conditions of use are specified in the respective user instructions and operating manual. TW-Homeautomation GmbH may extend the hardware solution through updates or modifications or improve compatibility.
3.2 Individual Adaptations: Adaptation of the distribution solutions to specific customer requirements will only be made if this has been explicitly agreed upon in writing.
4. Customer Support and Customization Service
4.1 At TW-Homeautomation GmbH, the first four hours for individual programming adjustments for an All-in-One distributor are already included in the purchase price. Additional support services are charged separately and can be individually agreed upon in a Service Level Agreement (SLA).
5. Technical Support
5.1 Technical support services are provided exclusively in relation to the ordered services. The specific scope of technical support services must be explicitly agreed upon in a Service Level Agreement (SLA) on a case-by-case basis.
5.2 Available Support Services:
• Telephone support
• Email support
• Ticket system
• Remote support via remote desktop and a VPN (if available)
• Monthly system check
IT service support is provided by TW-Homeautomation GmbH based on the agreed SLA or, in the absence of an SLA, according to best effort principles.
6. Customer's Cooperation Obligations
The successful and efficient provision of support services is only possible with appropriate cooperation from the customer. The customer's cooperation obligations include:
• Clear information on responsibilities, accountabilities, and designated contact persons.
• Designation of responsible roles for the TW-Homeautomation services used, the entire IT infrastructure, and peripheral systems.
• Early information to TW-Homeautomation GmbH about planned changes or events that could impact support.
• Reasonable availability of customer representative(s) and specialists in resolving service-related incidents or inquiries.
• Provision of the necessary remote support infrastructure (on the customer's side).
• Precise documentation of exceptional conditions and error messages and their transmission to TW-Homeautomation GmbH.
• Timely information about planned changes.
• Support in analyzing and correcting problems.
• Payment of all support costs at the agreed interval.
7. Obligations of the Service Provider
The obligations of TW-Homeautomation GmbH according to the agreement include:
• Compliance with the response times for service-related incidents promised in writing in the SLA.
• Early notification to the customer about planned maintenance work and other relevant events.
8. Data Protection and Confidentiality
The privacy policy of TW-Homeautomation GmbH is part of the contract. Both parties undertake to treat all information that is not generally known as confidential and to use it only within the framework of contract fulfillment.
9. Liability
10.1 TW-Homeautomation GmbH is only liable for damages caused by intentional or grossly negligent behavior.
10.2 In case of violations of the GTC by the customer, the customer is liable for all resulting damages and indemnifies TW-Homeautomation GmbH against all claims by third parties.
10. Compatibility and Terms of Use
The All-in-One solutions from TW-Homeautomation GmbH are optimized for use with the company's own components. The use of third-party products is not permitted and may lead to impairment of system stability. The customer is responsible for using compatible products.
11. Intellectual Property
All rights to materials, software solutions, and documentation delivered by TW-Homeautomation GmbH remain the property of TW-Homeautomation GmbH, unless otherwise agreed. The customer may use these only within the contractually specified purpose.
12. Payment Terms
13.1 The prices published by TW-Homeautomation GmbH at the time of contract conclusion apply.
13.2 Payments are to be made within 30 days after the invoice date. In case of payment default, TW-Homeautomation GmbH reserves the right to charge interest on arrears and to block the service after prior notice.
13. Contract Duration and Termination
14.1 Contracts are generally concluded for an indefinite period and can be terminated by either party with 30 days' notice to the end of the month.
14.2 TW-Homeautomation GmbH is entitled to terminate the contract without notice for important reasons.
14. Deletion of Data
After termination of the contractual relationship, TW-Homeautomation GmbH is entitled to delete all personal data of the customer, insofar as this is legally permissible.
15. Right of Withdrawal
The customer may withdraw from the contract within 14 days after contract conclusion without giving reasons by informing TW-Homeautomation GmbH in writing. After receipt of the withdrawal, TW-Homeautomation GmbH will refund all payments within 14 days.
16. Inspection and Acceptance of Delivery
16.1 As far as customary, the supplier inspects the deliveries and services before dispatch. The customer must inspect the delivery within a reasonable period after receipt and immediately report any defects in writing. If the customer fails to report defects, the deliveries are deemed approved.
16.2 Reported defects shall be remedied by TW-Homeautomation GmbH as quickly as possible, whereby the customer must grant the possibility for rectification.
16.3 Further acceptance tests are to be agreed upon separately.
16.4 The customer has no further claims due to defects except those explicitly mentioned in this article and the following articles.
17. Jurisdiction and Applicable Law
Swiss law applies exclusively. The place of jurisdiction for all disputes is the registered office of TW-Homeautomation GmbH in Müstair, Switzerland.