of Innofactory AG for the website abusizz.ch

1. Provider and scope of application

1.1 These General Terms and Conditions („GTC“) apply to the use of the Website www.abusizz.ch as well as for all legal transactions initiated or concluded via this website between the Innofactory AG, Bundesplatz 8, 3011 Bern, Switzerland („Innofactory“, „we“) and its customers („customers“).

1.2 The website serves in particular to provide information about products, solutions, services, support and contact offers, newsletter registrations and - where offered - the online sale of goods and services.

1.3 These GTC apply to natural and legal persons who purchase or enquire about services or products via the website.

1.4 Deviating terms and conditions of the customer shall only apply if and insofar as Innofactory has expressly agreed to their validity in writing.

2. Conclusion of contract

2.1 The presentation of products, solutions and services on the website does not constitute a binding offer, but an invitation to request a quotation or place an order.

2.2 A contract is concluded:
a) by written or electronic order confirmation from Innofactory; or
b) by execution of the delivery or service by Innofactory; or
c) by express acceptance of an offer from Innofactory by the customer.

2.3 Innofactory is entitled to refuse orders or enquiries without stating reasons, in particular in the event of obstacles to delivery, creditworthiness concerns, obvious pricing errors or suspicion of abuse.

3. Services and products

3.1 The scope of the services owed is set out in the respective product description, offer, order confirmation or service agreement.

3.2 Technical details, illustrations, descriptions, dimensions, weights, visualisations and other details on the website are for information purposes only and are non-binding unless they are expressly designated as binding.

3.3 Innofactory reserves the right to make technical, design and other changes, provided that these are reasonable for the customer and do not significantly impair the purpose of the contract.

4. Prices

4.1 Unless otherwise stated, all prices are in Swiss francs (CHF).

4.2 Unless expressly stated otherwise on the website, prices are inclusive of VAT.

4.3 Shipping, assembly, installation, service, customs, import or other ancillary costs are only included in the price if this is expressly stated.

4.4 Prices and product ranges are subject to change at any time.

5. Terms of payment

5.1 Payments are due without deduction within the period stated on the invoice, offer, order confirmation or in the checkout.

5.2 For online orders, Innofactory may require advance payment, credit card payment, payment via payment service providers or other payment methods offered.

5.3 If the customer is in default of payment, it shall owe default interest of 5 % per year without a reminder. The right to claim further damages remains reserved.

5.4 Innofactory is entitled to withhold further deliveries or services or to withdraw from the contract in the event of late payment.

6. Delivery, service provision and deadlines

6.1 Delivery and performance dates are only binding if they have been expressly confirmed as binding by Innofactory in writing.

6.2 Partial deliveries and partial services are permissible insofar as they are reasonable for the customer.

6.3 Delays in delivery due to force majeure, official orders, supplier problems, transport disruptions, operational disruptions, power failures, cyber attacks or other circumstances beyond Innofactory's control shall extend the delivery period appropriately.

6.4 If a delivery cannot be carried out due to circumstances on the part of the customer, Innofactory is entitled to invoice the additional costs incurred as a result.

7. Transfer of benefit and risk

7.1 Benefit and risk shall pass to the customer upon dispatch of the goods from the warehouse or upon handover to the transport company, unless otherwise stipulated by mandatory law.

7.2 In the case of services with installation or assembly, the benefit and risk shall pass to the customer upon completion of the installation or assembly.

8. Inspection obligation and notice of defects

8.1 The customer must inspect goods delivered and services rendered immediately upon receipt.

8.2 Obvious defects, incorrect deliveries or transport damage must be reported to Innofactory in writing immediately, but at the latest within 5 working days of receipt.

8.3 If the customer fails to give notice of defects in due time, the delivery or service shall be deemed approved in this respect.

9. Warranty

9.1 Innofactory warrants that, at the time of transfer of risk, products do not have any defects which significantly impair their suitability for the intended use.

9.2 In the event of defects notified in good time, Innofactory shall be entitled, at its own discretion, to
a) Reworking;
b) Replacement delivery;
c) price reduction; or
d) Return against reimbursement of the price paid.

9.3 Further warranty rights of the customer are excluded to the extent permitted by law.

9.4 In particular, defects due to improper use, natural wear and tear, lack of maintenance, intervention by third parties, unauthorised modifications, unsuitable infrastructure or operating errors are excluded from the warranty.

10. Installation, support and services

10.1 Insofar as Innofactory or its partners provide installation, support, training, consulting or other services, the respective offer, service description or service agreement shall apply in addition.

10.2 Support services shall be provided within the scope of available capacities, unless a specific Service Level Agreement (SLA) has been expressly agreed.

10.3 Innofactory shall only be liable for services provided by third party partners for the appropriate selection and instruction, insofar as legally permissible.

11. Reservation of title

11.1 Delivered goods shall remain the property of Innofactory until all claims arising from the business relationship have been paid in full.

11.2 Innofactory is authorised to have a retention of title entered in the relevant register at the customer's expense.

12. Intellectual property rights

12.1 All rights to content on the website, in particular to texts, images, logos, brands, designs, software, videos, documentation and product presentations, are the property of Innofactory or the respective rights holders.

12.2 Without the prior written consent of Innofactory, the content of the website may not be copied, edited, distributed, published or used in any other way, either in whole or in part, unless this is permitted by law.

13. Use of the website

13.1 The customer undertakes to use the website lawfully and without misuse.

13.2 The following in particular are prohibited:
a) Interference with the security or functionality of the website;
b) Automated reading without consent;
c) Introduction of malware;
d) misuse of contact, support or form functions.

13.3 Innofactory may block access or reject requests if there are indications of illegal or improper use.

14. Newsletter, contact forms and customer communication

14.1 When registering for newsletters, downloads, demos, contact or support enquiries, Innofactory processes the data provided by the user to process the enquiry, to fulfil the contract, for customer care and - where permitted - for its own marketing purposes.

14.2 Newsletters can be cancelled at any time via the unsubscribe link in the newsletter or by sending a message to Innofactory.

15. Data protection and Google Analytics

Our privacy policy is an integral part of our terms and conditions.

16. Liability

16.1 Innofactory is liable for direct damages caused by wilful or grossly negligent breach of duty by Innofactory.

16.2 To the extent permitted by law, liability for slight negligence, indirect damage, consequential damage, loss of profit, loss of savings, loss of data, damage to reputation and third-party claims is excluded.

16.3 Innofactory does not guarantee that the website will be available, error-free or uninterrupted at all times.

16.4 Innofactory is not liable for the content or services of third parties that are accessed via links, integrations or references.

16.5 Mandatory statutory liability provisions remain reserved.

17. Force majeure

17.1 Neither party shall be liable for the non-fulfilment or delayed fulfilment of its obligations insofar as this is due to force majeure events.

17.2 Force majeure includes, in particular, natural events, war, unrest, pandemics, epidemics, official measures, power failures, cyber attacks, transport disruptions, strikes or failures at suppliers and service providers.

18. Offsetting and assignment

18.1 The offsetting of claims of the customer against claims of Innofactory is only permitted with the written consent of Innofactory or in the case of legally established claims.

18.2 The assignment of rights or claims of the customer against Innofactory requires the prior written consent of Innofactory.

19. Amendments to these GTC

19.1 Innofactory may amend these GTC at any time.

19.2 The version published on the website or individually agreed at the time of use of the website or conclusion of the contract shall apply.

20. Severability clause

Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

21. Applicable law and place of jurisdiction

21.1 These GTC and all legal relationships between Innofactory and the customer shall be governed by substantive Swiss law to the exclusion of conflict of laws rules.

21.2 The exclusive place of jurisdiction is Bern, Switzerland, unless a mandatory statutory place of jurisdiction prevails.

These provisions have been drafted in German. The English version is an automatic translation and is for informational purposes only. In the event of any discrepancies, the original German version shall prevail.

Status: 18 March 2026