General Terms and Conditions
1. GENERAL These General Terms and Conditions of Sale (“Conditions”) apply to any sale of goods (“Products”) and any provision of services (“Service”) by RADEC GmbH (“RADEC”).
2. PAYMENT METHOD. Unless otherwise agreed in written form, RADEC Internet shop accepts payments supported by Wix Payments. It allows to pay by credit cards.
3. PACKAGING, SHIPMENT AND DELIVERY. Products are packed in protective package (IC-Dispatch Box + bubble mailer for chips and postal box with foam inserts). Unless otherwise agreed shipments to non-Swiss destinations is realized by FedEx International Economy® and is insured for Product value. Shipment to Swiss destinations is via Swiss POST. Shipment is performed after confirmation of order.
4. COMPLIANCE. All Products are fully tested for functionality and specification. The offered chips and the evaluation boards are not certified to any industry standards. The chips are ROHS compatible.
5. LIABILITY RADEC is not liable to Customer for any loss of profit, data or goodwill, or any other consequential, incidental, indirect, punitive or special damages in connection with claims arising out of the performance of Product, except to the extent such damages were caused by the gross negligence or willful misconduct of RADEC or to the extent prohibited by applicable law.
Liability for Links. References and links to third-party websites are outside of our responsibility. Any liability is denied for such websites. Access to and use of such websites are undertaken entirely at the user’s own risk.
6. PRICES Unless otherwise agreed in written form, the prices quoted by RADEC do not include VAT and any other Swiss governmental taxes and duties (see remark below). Prices do not include foreign taxes, customs and any other non-Swiss duties. Prices contain costs of shipment and its insurances. Unless otherwise agreed, all payments shall be made in Swiss Francs.
REMARK: Costs include VAT only for Swiss customers (delivery address).
7. INTELLECTUAL PROPERTY AND TRADEMARKS. Ownership and Use of RADEC and PSI Marks. Customer expressly agrees that ownership and all right, title and interest in and to RADEC’s and PSI’s name or any trademark or trade name relating to the Products (collectively, “Marks”) are and shall remain vested solely in RADEC and PSI. Customer shall not use, directly or indirectly, in whole or in part, RADEC’s and PSI’s Marks in connection with any product other than the Products, without the prior written consent of RADEC and/or PSI. Ownership of Intellectual Property Rights. As between the parties, any and all Intellectual Property Rights in and to the Products are owned exclusively by, respectively RADEC or PSI. Customer agrees not to claim or assert title to or ownership of the Products, Customer shall not remove, alter, or obscure any trademark, copyright, or other proprietary notice from the Products
8. EXPORT CONTROL LAW Certain Products (or Services) may be subject to export control regulations of Switzerland, the United States, the European Union, and/or other countries. Customer shall comply with such export laws and obtain any license or permit required to transfer, export, re-export or import the Products (or Services). Customer shall not export or re-export the Products (or Services) to any country or entity to which such export or re-export is prohibited, including any country or entity under sanction or embargoes administered by Switzerland, the United States, European Union or other countries. Customer shall not use the Products (or Services) in relation to chemical, biological or nuclear weapons, rocket systems or unmanned air vehicles capable of delivering same, or in the development of any weapons of mass destruction.
9. APPLICABLE LAW. These Conditions, any sale of Products or any provision of Services by RADEC, as well as any contractual or non-contractual obligation are governed by the laws of Switzerland, without regard to its conflict of law principles, and excluding the provisions of the Vienna Convention (or Wiener Kaufrecht, United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11/4/1980).
10. DISPUTE RESOLUTION. Any dispute shall be finally settled in accordance with the ordinary courts of Aarau, Switzerland. Notwithstanding the preceding provision, RADEC is entitled to apply for interim measures at any competent court having jurisdiction
11. LANGUAGE. All notices, correspondence, documentation, data, documents, catalogues, instructions to be issued, exchanged or delivered by RADEC and Customer in connection with the performance of this Conditions shall be established in English language
When we collect your data
We collect data only during ordering Products.
How long do we keep data for?
We keep your personal data for as long as we consider necessary or reasonable to comply with the applicable laws, or for as long as this is necessary for the purposes for which they were collected. We delete your personal data as soon as they are no longer required, and in any case after the end of the maximum retention period prescribed by law.
What rights do you have in respect to your personal data?
You have the right to assert your data protection rights at any time, and to obtain information about your stored personal data, to rectify, add to, object to the processing of your personal data, or demand the deletion of your personal data. You will find details of how to contact us in section 4 below. We reserve the right to correspond with you electronically in this connection (especially by e-mail).
How can you contact us?
If you would like to assert your rights in respect of your personal data, or if you have any questions or concerns relating to the processing of your personal data, you can contact us as follows: We will make every effort to respond to your questions or concerns immediately after receipt.
Who is the owner of the data collected?
We are obliged by law to notify you of the name of the owner of the data collection which includes your personal data. The owner of the data collection is RADEC GmbH, Achenbergstrasse 35B, 5322 Koblenz, Switzerland
Which personal information do we collect?
The personal data collected are similarly varied. Firstly, we collect personal data which you make available to us. Secondly, we collect personal data which are automatically or manually recorded when you contact us, for example:
• Name and first name/Company/Institution name
• Home/Company/Institution address;
• Delivery address;
• Invoice address;
• Telephone number(s);
• E-mail address(es);
• Details of newsletters subscribed to or other publicity (if agreed);
• Consent to receive advertising material (if agreed);
• Online customer account information (including date of opening, user names, profiles);
Data relating to Customer activities
Contract dates (including contract date, type of contract, contract provisions; parties to the contract; term of contract; contract value; claims lodged under contract);
Purchasing information (including date of purchase; place of purchase; time of purchase; type, quantity and value of the products and services purchased; paying agent; purchasing history, serial numbers of Products - if available);
Customer service information (including product returns, complaints, guarantee claims, delivery information);
Communications by telephone, fax, e-mail, voicemail, text messaging (SMS), picture messaging (MMS), video messaging or Instant Messaging;
Whom do we pass your personal data on to?
We pass your institutional data to Paul Scherrer Institut (PSI). PSI use them (anonymized) for statistical reason to present regions (countries, continents) were PSI’s products are used.
Warranty & Returns
1. WARRANTY. RADEC GmbH (“RADEC”), based on agreement with Paul Scherrer Institut warrants only to the original purchased of this Product that the chip and Evaluation Board will be free from defects in material and workmanship under normal use and service for one (1) year after date of delivery. Except for the limited warranty provided herein, the chips are provided on an “as-is” basis and RADEC provides no warranties, express or implied, of any kind including but not limited to, warranties relating to merchantability, fitness for a particular purpose and the non-infringement of intellectual property right held by third parties.
2. RETURNS. Prior to return of any Products to RADEC for any reason, Customer shall first request a “return material authorization” (“RMA”) from RADEC and provide RADEC the following information about the Product(s) being returned: (a) quantity, (b) part number (if applicable), (c) original purchase order number, (d) invoice price, and (e) a detailed reason for Product return. RADEC shall accept returns only after it has issued an RMA number authorizing the return of such Product.
3. RETURN SHIPPING TERMS. Customer shall promptly ship all such authorized returns to RADEC’s designated office, freight and insurance prepaid by Customer.
4. RETURN CREDIT. In all cases of returns, final approval by RADEC as to credit, or replacement in the case of Products returned under the RADEC Product Warranty, may be withheld pending inspection and/or testing of the returned Product by RADEC and/or PSI and verification of the pertinent facts. If RADEC determines after inspection that a warranty claim is invalid, RADEC may charge Customer for the costs incurred by RADEC and/or PSI related to such inspection.