For the use of this website and the business relations between Indigobird GmbH (hereinafter referred to as Indigobird), Staffelstrasse 35, CH-5430 Wettingen, Germany, and its customers, the following General Terms and Conditions (GTC) shall apply in the current and valid version available at the time the website is accessed or goods are ordered.
A customer is any natural or legal person who has a business relationship with Indigobird. The terms and conditions, the terms of delivery and payment as well as the data protection regulations may be modified from time to time. Indigobird asks you to read these terms carefully each time you visit the website and each time you order goods.
These terms and conditions apply exclusively. Opposing, supplementary or deviating conditions require the express written confirmation by Indigobird for their validity. The customer confirms with the use of this web page and/or with a goods order these AGB including delivery and payment conditions to accept comprehensively.
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this website is Indigobird (Imprint).
Information on this website
The software and any other items offered on this website are Indigobird products. The website contains information about these applications, products and services. Prices, product ranges and technical specifications are subject to change without notice. All information on products, descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information is to be understood only as approximate values and in particular does not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Indigobird makes every effort to ensure that all information and data on this website is correct, complete, up to date and clear, but Indigobird can neither expressly nor implicitly guarantee.
All offers on this website are non-binding and are not to be understood as a binding offer.
Indigobird cannot guarantee that the products listed are available at the time of ordering. Therefore, all information regarding availability and delivery times are subject to change without notice.
Indigobird’s prices include, unless otherwise stated, value added tax (VAT), any advance recycling fees and copyright fees for electronic equipment. The prices are net prices in Swiss francs (CHF).
Unless otherwise specified, any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
Subject to technical changes, errors and misprints, in particular Indigobird may make price changes at any time and without notice. The sales prices do not include consulting and support services.
Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from Indigobird. By placing an order via this website, including acceptance of these GTC, the customer makes a legally binding offer to conclude a contract. Indigobird then sends an automatic “order confirmation” by email, which confirms that the customer’s offer has been received by Indigobird. Orders are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Indigobird sends a declaration of acceptance by email confirming the dispatch of the ordered products, the provision of downloadable goods or the provision of services.
Orders will only be delivered after complete receipt of payment (exception: delivery against invoice) and if the goods are available. If, after conclusion of the contract, the ordered goods cannot be delivered or cannot be delivered in full, Indigobird is entitled to withdraw from the entire contract or from one part of the contract. If payment has already been received by Indigobird, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. Indigobird is not obliged to make a replacement delivery in the event of termination of the contract.
Payment options and retention of title
The customer has access to the payment options indicated in the order process.
Indigobird reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.
Indigobird can charge default interest of 5% per year as well as a maximum payment reminder fee of CHF 20.00 per payment reminder if the customer is in default of payment.
The products delivered to the customer remain the property of Indigobird until full payment has been received.
Delivery, inspection obligation, notification and return shipment
Deliveries of material goods are sent by post or courier service to the address specified by the customer in the order. The invoice will be sent by email or by post. With the dispatch benefit and risk are transferred to the customer, as far as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Indigobird may dissolve the contract after notification of a complaint by email to the customer and setting a reasonable deadline and charge the costs for the activities.
The customer is obliged to inspect the delivered goods immediately after receipt of the delivery and to immediately notify Indigobird in writing by letter or email to the address in the imprint of any defects for which Indigobird warrants.
Returns to Indigobird are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given by Indigobird in the Imprint.
If the inspection by Indigobird shows that the goods have no detectable defects or that these are not covered by the manufacturer’s warranty, Indigobird can charge the customer for the activities, the return or the possible disposal.
Right of withdrawal
For download products (software etc.) there is no right of withdrawal.
In the case of material goods, the customer shall be granted a right of revocation for 10 calendar days after receipt of the goods. The deadline shall be deemed met if the customer sends the written revocation to Indigobird by e‑mail or letter (Indigobird GmbH, Staffelstrasse 35, CH-5430 Wettingen) within the deadline. The revocation does not require any justification.
The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods within 10 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address indicated by Indigobird in the Imprint. Returns to Indigobird are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days if Indigobird has already received the goods back or if the customer can provide proof of shipment.
Indigobird reserves the right to demand appropriate compensation for damages, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
In the following cases, no right of revocation shall be granted:
- If the contract has a random element, namely because the price is subject to fluctuations over which the supplier has no control.
- If the contract concerns a movable item which, by its nature, is not suitable for return or is liable to deteriorate rapidly;
- If the contract relates to a movable item made to the consumer’s specifications or clearly tailored to his personal needs;
- If the subject matter of the contract is digital content and this content is not made available on a fixed data carrier or if the contract is to be fulfilled in full immediately by both parties to the contract;
- If the contract relates to a service and the contract is to be fully performed by the provider with the prior express consent of the consumer before the withdrawal period has expired.
- In the areas of accommodation, transport, delivery of food and drink as well as leisure activities, if the provider undertakes to provide the services at a specific time or within a specified period when the contract is concluded.
Indigobird strives to deliver material goods of impeccable quality. In the case of defects notified in due time, Indigobird assumes the warranty for freedom from defects and operability of the object purchased by the customer during the statutory warranty period of two years from the date of delivery, as a rule. It is at the discretion of Indigobird to provide the warranty by free repair, equivalent replacement or by reimbursement of the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the customer or third parties or defects attributable to external circumstances. The warranty for consumables and parts subject to wear and tear (e.g. batteries, accumulators, etc.) is also excluded.
In the case of software, Indigobird does not assume any guarantee for its usability on the customer’s configuration, as this is based on the currently valid hardware standard. The customer has to make sure himself that his configuration corresponds to this standard if necessary. Instructions for installing the applications are available on the website. The installation of the software is not included.
It is not possible for Indigobird to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other contents. In particular, it is neither warranted nor guaranteed that the use of the website will not infringe any rights of third parties not owned by Indigobird.
Any program errors occurring must be reported to Indigobird by the customer in writing and documented. It is at the discretion of Indigobird to determine whether it is effectively a program error or merely an improvement of a function.
Indigobird excludes any liability, regardless of its legal basis, as well as claims for damages against Indigobird and any auxiliary persons and vicarious agents. In particular, Indigobird is not liable for indirect damages and consequential damages, lost profit or other personal injury, property damage and pure financial losses of the customer. Further mandatory legal liability is reserved, for example for gross negligence or unlawful intent.
Indigobird uses hyperlinks only for the simplified access of the customer to other web offers. Indigobird can neither know the content of these websites in detail, nor assume liability or other responsibility for the content of these websites.
Indigobird may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract as well as for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
The further data protection regulations are available under the following link: Data protection regulations
Indigobird expressly reserves the right to change these terms and conditions at any time and to put them into effect without notice.
In the event of any dispute, only Swiss law shall apply, to the exclusion of any conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is CH-5430 Wettingen, as far as the law does not provide for mandatory places of jurisdiction.
If you have any questions about these terms & conditions please contact us: Imprint