General Terms and Conditions

General Terms and Conditions

1. Scope of Application: These terms apply to all business relations of Orbis Terra GmbH, Mittlere Ringstrasse 1, 3600 Thun, Switzerland (the “Company”) with regards to content, videos, training materials and/or other physical or digital products (e.g. books, videos, e-books, etc.) and services (e.g. provision of video streams) made available by or through the Company (collectively referred to as the “Products”) and shall take precedence over the Terms of Use in case of contradictions. The Company may amend these terms at any time, whereby the version published on the Company’s websites at the time of conclusion of the contract shall prevail over all other versions.
2. Validity of Contract: The presentation of the Company’s Products on its websites is not binding and does not constitute an offer to conclude a contract. In placing an order online (by clicking on the “order at charge” button), by email or by any other means, you make a binding offer to enter into a contract. You will then receive an order confirmation, which is simply an acknowledgment of receipt of the order and does not imply the acceptance of the request.

A valid contract for physical or digital Products is concluded when the Company accepts your offer by sending the ordered Product or providing you with a dispatch confirmation. For digital Products, your offer is accepted when a link is made available to you for downloading or the Product is provided to you by any other way. The contract is concluded only with regard to the Products provided or listed in the dispatch confirmation.

If the Company is unable to accept your request, you will be informed that the offer has to be rejected. Offers for temporarily unavailable Products are put on hold and will be processed as soon as possible. Additional shipping costs due to partial deliveries will be borne by the Company.

3. Prices and Terms of Payment: All prices are quoted in USD or EUR (without VAT) and are subject to shipping costs or any other additional costs (e.g. import duties). The prices quoted on the Company's website at the time of submitting the offer shall be relevant for the contract in question. The purchase price and shipping costs are due upon conclusion of the contract. The Company only accepts the payment methods indicated in the order process. Eventual invoices are payable net within 30 days. The Company may also demand advance payment. In this case, the order will only be processed after receipt of payment.

If you are in default with the payment of an invoice or any other financial claim, the Company may charge default interest of five percent as well as further damages or expenses, in particular with regard to the enforcement of the claim by a debt collection agency or law firm.

4. Shipping Costs and Delivery: For physical Products the shipping costs shall be indicated in advance in an exact manner during the order process. You are advised of the specific terms of delivery as transparently as possible during the ordering process. For all shipments abroad, prices are quoted without eventual local taxes.

For digital Products no shipping costs are charged. You may receive a link for download or you are provided with the Products by other means upon conclusion of the contract.

5. Export Restrictions and Import Duties: The shipment or provision of Products abroad may be subject to export restrictions. Furthermore, additional country-specific customs duties, taxes or fees may be charged and must be borne by you in addition to the shipping costs incurred. You remain fully responsible for the correct payment of all applicable customs duties, taxes and fees. The local customs offices will provide information on the amount of the fees.
6. Warranty and Liability: NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE PRODUCTS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE PRODUCT. WITHOUT LIMITING THE FOREGOING, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE PRODUCTS, THE RESULTS OF THE USE OF SUCH PRODUCTS, THE SUITABILITY OF THE PRODUCTS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.

THE COMPANY DOES NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

7. Privacy: Policy The Company processes personal data only in accordance with applicable data protection law and the Privacy Policy published on the Company’s website. By placing an order, you consent to the inclusion of his data in the Company’s customer database for the purposes of performance of the contract, for advertising purposes and for the use in internal statistics. You may revoke your consent at any time with effect for the future and subject to legal documentation requirements.
8. Customer Reviews: If you write a review, the Company may use and display this text in all its distribution channels, web shops, apps and social media profiles. The Company reserves the right not to display your review, to display it only for a limited period or to shorten the review if required for legal or technical reasons. Customer reviews always reflect only the opinion of the customer concerned and do not refer in any kind to the views of the Company.
9. Copyright and Licenses: The Company’s Products are protected by copyright. Upon conclusion of the contract, you are granted a non-exclusive, non-transferable, non-licensable right to temporarily use the purchased Products in the form as provided by the Company for personal use and in accordance with the specific contract between the Company and you.

Without the prior written consent of the Company, the Products may only be used for the agreed and intended purpose and in the manner as provided by the Company. In particular, it is not permitted to record, edit or copy the Products or use edited versions, to make it publicly accessible or to post it on the internet or any other network or communication channel. Furthermore, the Products shall not be imitated, restreamed, reprinted, resold or used for any commercial purposes.

Digital Products maybe individually marked with digital watermarks so that the original buyer can be identified and traced in the event of misuse. Digital Products may also be protected against illegal reproduction by digital rights management systems.

10. Cancellation Right: There is no right of revocation for digital Products or any services provided by the Company.
11. Limitation of Use / Termination of Account: The Company reserves the rights to limit your use of the Product or to terminate your account should the Company determine that you have violated these terms, or that you have violated any other rules or conditions of the Company. The Company reserves the right to refuse access the Company’s Products to anyone in its sole discretion.

Partial Invalidity: If one or more provisions of the contract prove to be invalid, this shall not affect the validity of the remaining provisions. In that case, the parties shall revise the contract in such way that the intended economic purpose of the contract is achieved as far as possible.

12. Applicable Law and Jurisdiction: The contract shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts of the city of Bern, Switzerland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Last Updated: 23. October 2020