General Terms and Conditions

1.1 These General Terms and Conditions (“GTC”) apply to all contracts between 2TECH Technology AG (“2Tech” or “we”) and its customers (“you”). “You” means the business that orders from us.

1.2 They apply to the purchase of goods, the rental of devices, software subscriptions and licences, and to services such as installation, training, support and remote maintenance. They apply whether you order in the shop on 2tech.ch, by e-mail, by phone or in response to a quote.

1.3 For packages (for example a POS system with software, support and installation), the relevant provisions of these GTC apply to each component.

1.4 The following order of precedence applies: 1. our order confirmation, 2. our quote, 3. these GTC. Your own terms and conditions do not apply, even if we do not expressly object to them.

2.1 Our shop and our offers are aimed exclusively at business customers: companies, self-employed persons, associations and public institutions that order for their business or professional activity. Customers with their registered office or a branch in Switzerland or Liechtenstein order in the shop; customers in other countries receive a quote (section 8.1).

2.2 By placing your order you confirm that you are ordering for your business. We may ask for proof, for example your UID or commercial register number.

2.3 We do not accept orders for private purposes. If we recognise such an order, we do not confirm it and let you know.

3.1 Products, prices and information in the shop are not binding. They are not yet an offer in the legal sense but an invitation to order from us.

3.2 Items without a price or marked “quote” are available on quote only. This applies, for example, to packages, subscriptions, rental devices and most services. A message to us about such items counts as a request for a quote.

3.3 A quote is not yet a contract. We hold the quoted prices for 30 days unless the quote states otherwise. You order by e-mail or with the signed quote; the contract is concluded with our order confirmation (section 5).

3.4 Technical data generally come from the manufacturer. Pictures may differ from the product delivered. A characteristic is only warranted if we expressly warrant it in the order confirmation. This also applies to compatibility with devices or software not supplied by us.

3.5 Obvious errors in prices, spelling or calculation in the shop or in a quote do not bind us. We correct them in the order confirmation.

The shop has no online payment. You send us your order by e-mail. This is how it works:

1. You add products to the cart. There you can change quantities or remove products.
2. On the “Checkout” page you enter your billing and delivery address. The order summary shows all items, prices, the shipping costs and the total. You check your details and correct them if necessary.
3. You read these GTC and the privacy policy and tick the box.
4. You click on “Create order e-mail”. Your e-mail program opens a prepared message to sales@2tech.ch with your order. If no e-mail program opens or the message is shortened, copy the full text from the page into an e-mail to sales@2tech.ch.
5. You only place your order when you send this e-mail. Until then you can correct everything in the shop or in the e-mail, or cancel the process.
6. We confirm receipt of your order by e-mail without delay. This acknowledgement of receipt is not yet an acceptance of your order.
7. We check price, availability and shipping. Within 2 working days we send you our order confirmation with the final amount including shipping costs. The contract is then concluded.

The order e-mail states the version of these GTC. You can view, save and print the GTC at any time at 2tech.ch/en/agb/.

5.1 By sending the order e-mail you make us a binding offer. You are bound by it for 5 working days.

5.2 The contract is only concluded with our order confirmation by e-mail or on paper. The acknowledgement of receipt and our silence do not count as acceptance. We may refuse an order without giving reasons.

5.3 The order confirmation states the items, quantities and prices, the shipping costs, the final amount, the payment term, the expected delivery date and the version of these GTC.

5.4 If our order confirmation differs from your order, for example in price, quantity, shipping costs or delivery date, we mark the difference. The order confirmation is then a new offer from us. The contract is concluded when you accept it by e-mail. We do not deliver before then.

5.5 If you order by phone or by e-mail outside the shop, the same applies: the contract is concluded with our order confirmation.

6.1 All prices are in Swiss francs (CHF). They are exclusive of value added tax (VAT). VAT is added at the applicable rate and shown separately on the invoice. Amounts in other currencies on our website are non-binding conversions.

6.2 The price at the time of your order applies. If the price in the order confirmation differs, section 5.4 applies.

6.3 Shipping costs under section 8.4 are added. Installation, training and other services are only included if the product page, the quote or the order confirmation says so.

6.4 We charge services without a fixed price on a time basis at CHF 150.00 per hour, billed in 15-minute increments. Travel time and travel expenses not included in a flat rate are charged as incurred.

7.1 You pay on invoice. We issue the invoice with the delivery or after the service has been provided. Subscriptions and rentals are invoiced monthly in advance.

7.2 Invoices are payable within 20 days of the invoice date without deduction. The due date is shown on the invoice.

7.3 We may require payment in advance, in particular for a first order, for customers with their registered office in Liechtenstein and for orders over CHF 3’000.00. The order confirmation then says so. We deliver once payment has been received.

7.4 If you do not pay by the due date, you are in default without a reminder. We then charge default interest of 5% per year and, from the second reminder, a fee of CHF 20.00 per reminder.

7.5 If you are in default, we may withhold further deliveries and services until you have paid. If you also fail to pay within an additional period that we set for you by e-mail, we may withdraw from the contract and demand the return of goods already delivered. Further claims are reserved.

7.6 You may only set off claims that we have acknowledged in writing or that have been finally established by a court.

7.7 Goods delivered remain our property until paid for in full. This retention of title only becomes legally effective upon entry in the register of retention of title at your registered office. You consent to the entry and will cooperate in it. Before payment you may neither pledge the goods nor transfer them as security.

8.1 We deliver to Switzerland and Liechtenstein. Deliveries to other countries are only possible on quote.

8.2 We generally ship goods in stock within 5 working days of the order confirmation or, if payment in advance applies, after receipt of payment. Delivery dates are estimates. A date is only binding if we expressly designate it as binding in the order confirmation.

8.3 If delivery is delayed, we will inform you. You may then set us an additional period of at least 14 days by e-mail. If we still do not deliver by then, you may withdraw from the contract for the delayed goods. We refund any amounts already paid. Section 19 applies to damages.

8.4 Shipping costs depend on the items ordered. Each item belongs to a shipping class: small CHF 10.00 (for example paper rolls, payment terminals and scanners), medium CHF 20.00 (for example POS terminals, printers, cash drawers, customer displays and small scales) or large CHF 40.00 (for example large screens and heavy scales). For each order to one delivery address we charge the amount of the highest shipping class once and CHF 5.00 for each further device (for example POS terminal, printer, payment terminal, screen, scanner, scale or cash drawer). Consumables and accessories such as mounts and charging stations incur no surcharge. The cart and the order summary show the shipping costs; we confirm the final amount in the order confirmation. If you collect the goods in Niederscherli by arrangement, or if we deliver and install them at your premises, we do not charge shipping costs. Particularly bulky devices such as the cash recycler or self-service kiosks are delivered on quote.

8.5 We choose the carrier and the packaging. Partial deliveries are permitted if they are reasonable for you. Shipping costs are then charged only once.

8.6 If delivery fails for a reason attributable to you (for example a wrong address or a refused acceptance), we charge the shipping costs for the outward and return journey and for a new delivery.

9.1 Benefit and risk pass to you:

• for shipments, when the goods are handed over to the carrier;
• for collection, when they are handed over to you;
• for delivery with installation by us, on handover at your premises.

9.2 In the event of transport damage, we help you report it to the carrier.

10.1 Inspect the goods immediately on receipt.

10.2 Where possible, have visible transport damage noted by the delivery person. Report transport damage to us by e-mail with photos within 2 working days of receipt and keep the packaging.

10.3 Report other defects, incorrect deliveries and missing parts to us by e-mail within 5 working days of receipt. Report defects that only become apparent later immediately after discovery, at the latest within 5 working days.

10.4 If you do not report a defect in time, the goods are deemed approved in that respect. This does not apply if we have intentionally deceived you. Longer notice periods mandatorily prescribed by law are reserved.

11.1 For new goods we provide a warranty of 12 months from delivery. For our work, for example installation, the same period applies from acceptance. Longer mandatory periods are reserved.

11.2 If the goods are defective, we repair or replace them at our discretion. By arrangement, you send the device to us or bring it in. You bear the cost of shipping to us; we bear the cost of return shipping to you. Back up and delete your data on the device beforehand.

11.3 If repair or replacement does not succeed within a reasonable period, you may demand a price reduction. In the case of a material defect you may instead withdraw from the contract. Section 19 applies to damages.

11.4 The warranty does not cover:

• normal wear and ageing, for example of batteries and print heads;
• consumables such as paper rolls and labels;
• damage caused by dropping, liquids, overvoltage or incorrect operation or storage;
• interventions, repairs or modifications by third parties;
• faults caused by software, accessories or networks that we have neither supplied nor approved.

11.5 If there is no defect for which we are responsible, we charge for inspection and shipping as incurred.

11.6 If a manufacturer grants a longer or more extensive guarantee, we help you to claim it. It is governed by the manufacturer's terms.

11.7 If we have intentionally concealed a defect, the limitations in this section do not apply.

12.1 There is no statutory right of withdrawal or return.

12.2 As a goodwill gesture, we take back unopened goods in their original packaging within 14 days of receipt if you agree the return with us by e-mail beforehand. You bear the cost of return shipping. We refund the price of the goods without deduction. We do not refund the original shipping costs.

12.3 The following are excluded from return:

• software, licences and subscriptions;
• opened consumables;
• devices that we have set up or installed for you or that are registered with a payment service provider;
• special orders, i.e. goods that we do not keep in stock and order specially for you. The order confirmation identifies them.

12.4 You may cancel a confirmed order free of charge until it is shipped. For special orders and for services we have already provided, this is only possible with our consent; we charge the costs incurred. If you refuse to accept a delivery, section 8.6 applies.

13.1 We provide installation and training if you have ordered them: through the installation flat rate on the product page, in a package or as quoted. We agree the date with you.

13.2 The installation flat rate covers travel within Switzerland and Liechtenstein, setting up and connecting the devices ordered, setting up the software, a function test and an introduction for your staff, together up to 3 hours on site. We charge additional work under section 6.4.

13.3 By the appointment you provide:

• power sockets and a working internet connection (LAN or Wi-Fi) at the installation site;
• access to the premises, the router and the network details;
• a contact person and the staff to be trained;
• your data for the setup, for example items, prices and menu, at the latest 3 working days before the appointment;
• activation by your payment service provider if we set up a payment terminal.

If any of these is missing, we charge waiting time and additional visits as incurred.

13.4 At the end we test the installation with you. It is deemed accepted when you confirm the handover or use the system in operation. Minor defects that do not significantly affect operation do not prevent acceptance. We remedy them under the warranty. Report defects in the installation to us immediately.

13.5 You may postpone or cancel an appointment free of charge up to 48 hours in advance. For a later cancellation we charge a flat fee of CHF 150.00.

14.1 Our support hotline +41 31 360 91 47 is available around the clock, 7 days a week. What help is included, which response times apply and whether surcharges are due is governed by your service subscription or the quote. Without a service subscription, support is chargeable: we charge it at the hourly rate under section 6.4, at least 15 minutes, then per 15 minutes or part thereof. We tell you on the phone before chargeable support begins.

14.2 We carry out remote maintenance, for example with AnyDesk, only if you allow the connection. You can end the session at any time.

14.3 We work with due care in training, support and remote maintenance. We do not owe any specific result.

14.4 If, during support, remote maintenance or cloud services, we process personal data in your system, we do so only on your behalf, according to your instructions and confidentially. You agree that we may engage service providers such as hosting and remote maintenance providers for this purpose; we bind them to the same obligations.

14.5 Back up your data regularly. You are responsible for the statutory retention of your business records and POS data.

15.1 GastroCore: with a subscription or licence you receive the non-exclusive and non-transferable right to use GastroCore in your business on the agreed number of devices for the term of the contract.

15.2 For Alpiva you receive the licence and usage terms with the quote. For third-party software (for example apps on payment terminals, operating systems or device management), the licence and usage terms of the respective manufacturer also apply. You accept them before first use. Features, updates, availability and data storage depend on the manufacturer. We install the software and support you in using it.

15.3 You use the software only to the agreed extent. You may not copy, pass on, modify or make it available to third parties unless the manufacturer permits it.

15.4 Subscriptions run for at least 12 months from activation unless the quote states otherwise. They then renew for one month at a time unless you cancel with 1 month's notice to the end of a month. Mandatory statutory termination rights are reserved.

15.5 We notify you of price changes for running subscriptions by e-mail at least 30 days in advance. You may then cancel the subscription with effect from the date of the change.

15.6 If you are in default of payment, we may block software and service after a reminder and a period of 10 days until you have paid. The fees continue to accrue during this time.

15.7 Back up your data before the subscription ends. On request we help you export it, charged as incurred. We delete data that we store for you 30 days after the end of the contract.

16.1 To accept card and app payments, you conclude a contract with a payment service provider yourself, for example with myPOS, wallee, Worldline, PostFinance, Adyen or Nexi. Fees, review and activation, payouts, blocks and chargebacks are governed by that contract. We are not a party to that contract.

16.2 We sell or rent the terminal, set it up and help you with the registration and in the event of faults. We are not responsible for the decisions, services and outages of the payment service provider.

16.3 The product page names the payment service provider for which a terminal is intended. It may not work with other payment service providers.

16.4 If the payment service provider rejects your application, we take back a purchased terminal within 30 days of delivery if it is unused, complete and undamaged. We refund the purchase price without deduction; you bear the cost of return shipping.

17.1 We rent out devices such as payment terminals or kiosks as quoted. They remain our property. Without our consent you may neither sublet, sell nor pledge them. If a rental device is seized or you become bankrupt, inform us immediately.

17.2 The rental runs for at least 12 months from delivery unless the quote states otherwise. It then renews for one month at a time unless you cancel with 1 month's notice to the end of a month.

17.3 The rent is payable monthly in advance. The fees under your contract with the payment service provider (section 16.1) are not included.

17.4 We hand over the device ready for operation. If it fails or has a defect, report this to us immediately. We repair or replace it at our expense unless you caused the damage.

17.5 You treat the device with care, clean it and carry out minor maintenance such as inserting paper rolls. You are liable for damage beyond normal wear and for loss and theft unless you prove that you are not at fault. In the event of loss we charge the current value of the device. We recommend including rental devices in your business insurance.

17.6 After the end of the rental you return the device within 14 days, complete, cleaned and with its accessories, at your cost and risk. If you return it later, we charge rent until it is returned.

17.7 If you are in arrears with the rent, we set you a payment deadline of at least 10 days by signed letter. If you do not pay within this period, we may terminate the rental without notice and demand the return of the device.

18.1 Scales with which you sell by weight in trade must be officially verified. As the user, you register a new scale with the competent verification office and have it re-verified on time.

18.2 Official verification is carried out by the competent verification office. With our service “Eichung von Ladenwaagen” (legal verification of shop scales) we prepare the scale, adjust it, register it with the verification office and accompany the verification appointment. Official fees are not included.

19.1 We are liable without limitation for damage that we cause intentionally or through gross negligence, for personal injury and under the Product Liability Act.

19.2 In the case of slight negligence, our liability per claim is limited to the value of the order concerned and, for subscriptions and rentals, to the fees of the last 12 months. In the case of slight negligence we are not liable for indirect and consequential damage such as loss of profit, loss of turnover, business interruption or loss of data.

19.3 These rules also apply to our employees and auxiliaries.

19.4 We are not liable for the services of payment service providers, software manufacturers or internet and telephone providers unless we caused a fault ourselves.

19.5 If we cannot perform, or cannot perform on time, because of events beyond our control (for example supply shortages at the manufacturer, strikes, official measures or major disruptions of the power and communication networks), our deadlines are extended accordingly. If such an impediment lasts longer than 2 months, either party may withdraw from the affected part of the contract.

We explain how we process personal data in our privacy policy at 2tech.ch/en/datenschutz/.

21.1 Orders, confirmations, notices of defects, terminations and other notices are valid by e-mail. Where these GTC say “in writing”, an e-mail is also sufficient. Neither applies where the law mandatorily requires a stricter form.

21.2 Send orders to sales@2tech.ch and all other notices to info@2tech.ch. We write to the e-mail address you gave with your order. Please let us know of any changes.

22.1 The version published on 2tech.ch when you send your order applies. For a quote, the version named in the quote applies.

22.2 We notify you by e-mail of changes for running subscriptions and rentals at least 30 days before they take effect. If you do not agree, you may terminate the contract with effect from that date. Otherwise the new version applies from that date.

23.1 If any provision of these GTC is invalid, the remaining provisions remain valid. It is replaced by a rule that comes closest to its purpose.

23.2 The German version of these GTC is binding. Translations are for information only.

23.3 Swiss law applies. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG) is excluded.

23.4 The place of jurisdiction is Köniz BE, the registered office of 2TECH Technology AG. We may also sue you at your registered office. Mandatory places of jurisdiction are reserved.