Disclaimer

Disclaimer

The content of this website has been carefully reviewed and is regularly updated. Nevertheless, the author assumes no liability for the completeness, accuracy, timeliness, or reliability of the information provided. Any liability claims – whether material or immaterial – arising from the use or non-use of the published content, from technical malfunctions, or from misuse are excluded.

All offers are non-binding. The author expressly reserves the right to change, supplement, or remove the entire offer or individual pages at any time and without prior notice, or to temporarily or permanently discontinue publication.

Liability for links

Links to third-party websites are outside our control. We therefore assume no responsibility for their content. Accessing and using linked pages is at your own risk.

copyright

All texts, images, graphics, audio, video and animation files, as well as their arrangement on this website, are subject to the copyright of Pathfinders Portfolio GmbH or the respective copyright holders. Any form of reproduction, modification, or publication requires the prior written consent of the respective copyright holder.

General Terms and Conditions (GTC)

General Terms and Conditions (GTC) valid for business transactions with customers in Germany, Austria, Switzerland (DACH region) and France

1 Definitions

"Company" refers to Pathfinders Portfolio GmbH.

"Customer" is any natural or legal person who uses the services of the company.

“Services” include all consulting, agency, interim, e-commerce, trading, training and teaching activities as well as the sale of goods in accordance with the company's purpose (https://sg.chregister.ch/cr-portal/auszug/auszug.xhtml?uid=CHE-163.893.474).

2 Scope and hierarchy

1. These terms and conditions apply to all contracts between the company and customers, unless otherwise agreed in writing in individual cases.

2. In case of discrepancies, individual agreements and mandatory legal provisions take precedence over these terms and conditions.

3. For consumers (B2C), the mandatory consumer protection regulations of the respective country of residence also apply.

3. Conclusion of Contract

1. Consulting, agency or training contracts are concluded by acceptance of a written offer or by signing an individual contract.

2. In the online shop, the contract is concluded as soon as the customer completes the payment process and receives an electronic order confirmation.

3. The company reserves the right to refuse orders without giving reasons.

4 Scope of services and cooperation

1. The type and scope of services are defined in the written offer, project description or service description.

2. The customer undertakes to provide all information and documents necessary for the fulfillment of the order in a timely and complete manner. Delays resulting from a lack of cooperation will extend the deadlines accordingly and may incur additional costs for the customer.

3. The company is entitled to use qualified subcontractors; it remains the sole contractual partner of the customer.

5. Remuneration, incidental costs and due date

1. All prices are net prices, excluding applicable Swiss VAT.

2. Unless otherwise agreed, invoices are payable within 14 calendar days of the invoice date without deduction.

3. Travel and incidental expenses will be charged separately based on actual costs and upon presentation of proof, unless they are included in the offer.

4. For online shop orders, the purchase price and shipping costs are due immediately; the goods remain the property of the company until full payment (retention of title) and will only be shipped after full payment.

6. Rights of withdrawal and cancellation (only for consumers, EU)

1. Customers residing in the EU have a 14-day right of withdrawal for distance contracts and contracts concluded off-premises in accordance with §§ 312g, 355 BGB (DE), § 11 FAGG (AT), or Art. L221-18 Code de la consommation (FR).

2. The right of withdrawal expires prematurely in the case of fully performed services if the customer has expressly agreed that the performance begins before the expiry of the withdrawal period and that he loses his right of withdrawal upon full performance of the contract.

3. The company provides a sample cancellation form upon request or on its website.

7. Delivery and transfer of risk (sale of goods)

1. Delivery dates are non-binding unless they are expressly designated as "binding" in writing.

2. In the case of mail-order purchases, the risk passes to the customer upon handover to the transport company; for consumers in DE/AT/FR, only upon delivery to the consumer.

8 Warranty and Acceptance

1. For consulting and creative services, the agreed service is considered to be in accordance with the contract upon acceptance. If the client does not report any significant defects within 10 calendar days, the service is considered accepted.

2. The statutory warranty periods apply to goods.

3. In the case of justified defects, the company will, at its own discretion, provide subsequent performance, replacement delivery or refund.

9 Liability

1. The company is liable without limitation in cases of intent and gross negligence, as well as in cases of injury to life, body or health.

2. Liability for damages caused by slight negligence and liability for indirect damages and lost profits is excluded.

3. Mandatory statutory liability provisions, such as those under the French Civil Code or the German Product Liability Act, remain unaffected, provided they apply.

10 Copyright and usage rights

1. All concepts, designs, texts, software codes, training materials and other work results created by the company are protected by copyright and remain the intellectual property of the company.

2. The customer receives a simple, non-transferable right of use limited to the contractually agreed purpose. Any further use requires written consent and may be subject to additional compensation.

11 Confidentiality

The parties undertake to keep all confidential information received in the course of the cooperation secret indefinitely and to use it exclusively for the fulfillment of the contract.

12 Data protection

The company processes personal data exclusively in accordance with the General Data Protection Regulation (EU 2016/679), the Swiss Federal Act on Data Protection (revDSG 2023), and all relevant national implementing laws. Data processing agreements are concluded separately as needed.

13 Force Majeure

Events of force majeure (e.g., natural disasters, war, strikes, pandemics) release the affected party from its performance obligations for the duration of the disruption. The parties will inform each other immediately of the occurrence and expected duration of the event.

14 Set-off and assignment

The customer may only offset undisputed or legally established claims. Rights and obligations arising from this contract may only be assigned with the written consent of the other party.

15 Applicable Law and Jurisdiction

1. B2B transactions: Swiss law, place of jurisdiction at the company's registered office in Abtwil/SG.

2. B2C transactions: The law of the consumer's country of residence applies; the court of the consumer's place of residence has jurisdiction over any legal action brought by the consumer.

3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded.

16 Final Provisions

1. Amendments or additions to these terms and conditions must be in writing (email is sufficient).

2. Should any provision be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The parties shall agree on a replacement provision that is as economically equivalent as possible.

3. The German version of these terms and conditions shall prevail; translations are provided for informational purposes only.