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General Conditions

1. Scope of application

These General Conditions apply to the sale of products by M2M Corp AG, Oberer Haldenweg 60, 5600 Lenzurg, Switzerland.

By placing an order, the customer accepts these Conditions as a constituent part of the contract. General business terms and conditions of the customer are not constituent parts of the contract. Deviations to these General Conditions shall require the written form in order to be deemed valid.

2. Orders and Training Plans

The ordering of products from M2M Corp AG can be effected by E-mail or electronically via the website. After the payment is received the customers account will be created on the online training platform True Coach. The customer will receive an E-Mail to complete his account. The training plan will be assigned to the customers account starting the following Monday.

M2M Corp AG accepts no liability for operational interruptions or illegal interventions in the customer’s IT system or that of a third party caused by transmission errors, incorrect services, technical defects or deficiencies and faults. 

Orders placed are deemed to constitute binding acts of ordering and may only be cancelled with the agreement of M2M Corp AG.

3. Prices and payment conditions

M2M Corp AG are entitled to amend the prices for the products at any time and without prior notice. The prices shall apply as published by M2M Corp AG at the time of the placing of the order. Value Added Tax or other special requirements on the part of the party placing the order shall be invoiced additionally. 

Any agreed discounts and other advantages shall be disclosed clearly in the invoice. The invoices issued by M2M Corp AG are due for payment within 30 days of the invoice date, without deduction. In the event of delay in payment, no product or services will be released. The right is reserved to claim further costs. M2M Corp AG reserve the right to provide services only against payment in advance.

The customer is not entitled to offset claims against M2M Corp AG from claims by M2M Corp AG against the customer.

4. Liability

M2M Corp AG shall only be liable for damages which the customer has incurred due to gross or wilful negligence on the part of M2M Corp AG.

5. Force majeure

In the event of an instance of force majeure (e.g. natural disasters, war, epidemics, accidents) and similar circumstances, which affects the operation of Phytaxis or of suppliers or vicarious agents and renders the performance of a delivery impossible or substantially difficult, M2M Corp AG shall be entitled to cancel an order without obligation to reimbursement.

6. Data protection

M2M Corp AG shall process personal data relating to the customer in respect of the fulfilment of the order, the issue of the invoice (including checking on creditworthiness), marketing, and maintaining of customer relations. Further information relating to the processing of personal data is provided in the data protection declaration.

7. Concluding provisions

M2M Corp AG shall be entitled to amend these present General Conditions at any time. In this event, it shall be incumbent on M2M Corp AG to make the amendments known in an appropriate manner. By the placing of the next order the customer shall be deemed to have approved the amendments.

8. Applicable law and place of jurisdiction

These General Conditions are subject to Swiss law, with the exclusion of the Convention relating to international contracts for the sale of goods. 

Exclusive place of jurisdiction is the place of domicile of M2M Corp AG. M2M Corp AG shall further have the right to claim against the customer at any other court of jurisdiction, in particular at the domicile or place of residence of the customer.

Lenzburg, 02.02.2023
M2M Corp AG, Oberer Haldenweg 60, 5600 Lenzurg, Switzerland.
The foregoing document is a translation of the German “Allgemeine Geschäftsbedingungen”, General Conditions of Sale and Supply. In the event of any doubt, the German original shall take precedence.

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