Terms of service

Table of Contents
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1. Scope, Definitions
2. Services Provided by the Provider
3. Conclusion of Contract
4. Right of Withdrawal for Consumers
5. Customer's Obligations to Cooperate
6. Remuneration
7. Confidentiality
8. Contract Term and Termination in the Case of Continuing Obligations
9. Accompanying Information Material
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope, definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of peconmisa-solutions KlG (hereinafter ‘Provider’) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Provider for the services described by the Provider on its website or in other media. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Services provided by the provider

2.1 The provider offers its services both online and on site at the customer's premises. The content of the consulting service is based on the provider's offer.

2.2 In the case of online consultations, the provider shall render its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the provider shall provide the customer with suitable application software before the start of a video conference, whereby it may also use the services of third parties for this purpose. In order to participate in the online video conference without errors, the customer's system must meet certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for ensuring that the system requirements are met. The provider is not liable for technical problems attributable to inadequate system requirements on the part of the customer.

2.3 In the case of on-site consultations at the customer's premises, the provider shall render its services in personal contact with the customer at the location specified by the customer.

2.4 The provider shall render its services through qualified personnel selected by it. In doing so, the provider may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the provider's offer, the customer shall not be entitled to select a specific person to perform the desired consulting service.

2.5 The provider shall perform its services with the utmost care and to the best of its knowledge and belief. Unless otherwise specified in the provider's offer, the provider shall not be liable for any specific results. In particular, the provider does not guarantee that the customer will achieve a specific result or that the customer will achieve a specific goal. This depends not least on the personal commitment and will of the customer, over which the provider has no influence.

3) Conclusion of contract
The customer can submit a non-binding request for an offer to the provider by telephone, fax, email, letter, or via the online contact form provided on the provider's website. Upon request, the provider will send the customer a binding offer for the provision of the service previously selected by the customer by email, fax, or letter. The customer can accept this offer by sending a declaration of acceptance to the provider by fax, email, or letter, or by paying the remuneration offered by the provider within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the deadline. For acceptance by payment, the date of receipt of payment by the provider is decisive. If the last day of the period for accepting the offer falls on a Saturday, Sunday, or a public holiday recognized by the state at the customer's place of residence, the next working day shall take the place of such a day. If the customer does not accept the provider's offer within the aforementioned period, the provider is no longer bound by its offer. The provider will again specifically point this out to the customer in its offer.

4) Right of withdrawal for consumers and entrepreneurs
Regardless of whether they are legally considered consumers or entrepreneurs, all customers receive a written contract (individual agreement) from the provider regarding the provision of the agreed service. This contract explicitly states the right of withdrawal. The contract also contains the mandatory withdrawal form, including the withdrawal policy. If, after concluding the contract, the customer exercises their right of withdrawal within the withdrawal period, they must notify the provider in writing in accordance with the instructions in the withdrawal form. If the provider has already begun work for the customer before the expiry of the withdrawal period, the customer undertakes to pay for this work in accordance with the provider's payment terms after invoicing.

5) Customer's obligations to cooperate

5.1 The customer shall provide the provider with the information required for the performance of the service owed free of charge, completely and truthfully, unless the procurement of such information does not fall within the scope of the provider's obligations according to the content of the contract.

5.2 If, according to the specific content of the contract, an assessment is owed to the customer, the customer shall grant the provider access to the facilities to be assessed by the provider and, if necessary, provide the provider with suitable specialist personnel selected by the customer, insofar as this is necessary for the provision of the consulting services owed.

6) Remuneration

6.1 Unless otherwise stated in the provider's offer, the prices quoted are total prices that include statutory value added tax.

6.2 Costs for travel, accommodation, and meals for services provided on site are not included in the price and shall be borne by the customer, unless otherwise stated in the provider's offer.

6.3 The customer will be informed of the payment options in the provider's offer.

6.4 The contractual agreements concluded in the contract (individual agreement) between the provider and the customer shall apply. 

7) Confidentiality
The provider will treat the information obtained about the customer in the course of its services, in particular information relating to private or business matters, as confidential and will not pass it on to third parties, unless this is necessary to fulfill its own contractual obligations towards the customer.

8) Contract term and termination in the case of continuing obligations

8.1 The right of the provider and the customer to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

8.2 Terminations must be made in writing or in text form (e.g., by email).

9) Accompanying information material

9.1 The provider is the owner of all rights of use of information material which is provided to the customer—in whatever form—in connection with the consultation.

9.2 The customer may only use information material provided by the provider in connection with the consultation to the extent necessary for the purpose of the contract as agreed by both parties. Without the provider's express permission, the customer is not entitled to reproduce, distribute, or make publicly available any of the information material provided to them, either in whole or in part.

9.3 In the case of online consultations, accompanying information material (e.g., consultation documents) will be provided to the customer exclusively in electronic form by email or for download. Unless otherwise agreed, the customer is not entitled to receive the information material in physical form.

10) Applicable law
All legal relationships between the parties shall be governed by the law of the Swiss Confederation, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11) Alternative dispute resolution
The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


Copyright notice: These General Terms and Conditions were created by the specialist lawyers at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).

As of: January 12, 2026, 1:23:54 p.m.

Head Office

peconmisa-solutions KlG

Sinserstrasse 67

6330 Cham

Switzerland

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