General Terms and Conditions
Valid from 01.07.2019
1 General information
1.1 These General Terms and Conditions (GTC) govern the comprehensive terms and conditions and services between The Ginius Way GmbH (hereinafter referred to as The Ginius Way) and its customers.
1.2 The Ginius Way reserves the right to amend the GTC. The version of the GTC that is valid at the time the order is placed shall be decisive in each case and cannot be changed unilaterally.
2.1 The The Ginius Way Service administers, organises and performs certain everyday and household tasks for its customers. Upon payment of the monthly subscription fee, the Customer shall be assigned one or more persons (hereinafter referred to as Gini) to perform the tasks requested by the Customer. The Ginius Way works exclusively on behalf of the customer (see section 3).
2.2 Before the start of the The Ginius Way Service, the scope of services shall be defined jointly at the customer's premises or by telephone (setup meeting) and recorded in the requirements protocol. The requirements protocol is checked and signed by both parties (see section 3).
2.3 The Customer may order additional tasks via the agreed communication channel (The Ginius Way App/WhatsApp/Email) or verbally. The verbal or written confirmation shall constitute acceptance of the order by The Ginius Way.
2.4 In order to perform certain tasks, The Ginius Way requires access to the customer's domicile. The customer agrees to provide The Ginius Way with a key set for the customer's domicile in return for a key receipt or to deposit it in a key safe. The Ginius Way as well as the Gini itself undertake, upon receipt of the key, to handle the access to the customer's premises in a proper manner. No liability is accepted for keys deposited in letter boxes or other places. Except in cases of gross negligence or wilful misconduct, The Ginius Way hereby disclaims all warranties, responsibilities and liabilities arising out of or in connection with lost keys, any unauthorized use or improper locking of the customer's residence.
2.5 The customer is obliged to provide all information necessary for the performance and planning of the task and that this information is true, accurate, current and complete.
2.6 The Ginius Way is entitled to refuse or terminate the The Ginius Way Service and additional orders at its own discretion without any justification.
2.7 The Ginius Way undertakes to maintain absolute secrecy.
3 Conclusion and termination of the contract
3.1 The Ginius Way's offer is aimed at clients over 18 years of age who are able to act and resident in Switzerland. The Ginius Way's offers are subject to change without notice and are not to be understood as binding offers.
3.2 The contract between the customer and The Ginius Way shall be concluded after both parties have signed the requirements protocol. Orders that are not explicitly recorded in the requirement protocol may also become part of the contract and may be placed by the customer in writing, verbally or electronically. Any orders shall only be binding if the customer has deposited its payment information during prior registration (see section 4) or if otherwise agreed between the customer and The Ginius Way.
3.3 The contract may be terminated in writing at any time to the end of the month.
4.1 The customer registers once via the The Ginius Way website. Registration is generally free of charge.
4.2 The customer is obliged to enter its data correctly during registration and to update it immediately in the event of a change. By submitting the registration form, the customer confirms the accuracy of the data provided and that the customer has a legitimate interest in the property to which he grants The Ginius Way access (residence), as well as all necessary permits from other persons or entities who also have an interest in residence.
4.3 Written and/or electronic communications from The Ginius Way shall be deemed to have been validly delivered once they have been sent to the last correspondence address(es) (e-mail and/or telephone number) provided by the customer.
4.4 The customer is solely responsible for maintaining the login information confidential and for all activities carried out with the registration information. The Ginius Way reserves the right to terminate any username or password that is reasonably believed to have been used by an unauthorised third party. The customer agrees not to create an account with a false identity or information or on behalf of another person.
5.1 The Ginius Way has the right to change the subscription price at any time. The price agreed at the time of signing the contract shall apply. Price changes made after the contract has been signed will not be taken into account.
5.2 All subscription prices are quoted in Swiss francs (CHF), excluding value added tax (VAT). Subscription prices are charged monthly. Technical changes, errors and misprints are reserved.
5.3 All costs resulting from customer orders will be charged according to the price of the service provider. In addition, 3% credit card charges apply. Any costs incurred will be charged weekly and the customer will be sent an electronic statement of the cost points. Technical changes, errors and misprints are reserved.
5.4 By specifying the means of payment, the customer authorises The Ginius Way to charge all costs and subscription fees incurred in connection with the order and use of the offer directly to the means of payment. The customer is obliged to ensure that his means of payment is valid and has sufficient cover. For payments by credit card, the general terms and conditions of the respective financial institutions always apply.
5.5 From the 2nd reminder level onwards, a reminder fee of CHF 30 will be charged.
5.6 The Ginius Way shall be entitled to commission third parties with collection and to transfer or assign the claims arising from the contractual relationship in whole or in part to third parties. The customer expressly agrees to this procedure.
5.7 Credit notes, coupons and vouchers are intended exclusively for one-time use per customer and may not be reused. In the event of misuse, The Ginius Way is entitled to charge the total price without deducting the voucher.
6 Complaints / Responsibility / Liability
6.1 All complaints must be reported to The Ginius Way immediately, at the latest within 24 hours of delivery, otherwise the goods shall be deemed free of defects and approved.
6.2 The Ginius Way shall pass on orders for the performance of services to selected third parties. When the goods are handed over to the service provider, The Ginius Way transfers all liability and responsibility for the performance of the service to the relevant service provider. The Ginius Way shall not be liable for any damage caused by the service provider during the performance of the service. When ordering services, the general terms and conditions of the respective service provider shall always apply.
6.3 Claims for damages due to impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded, unless intentional or grossly negligent action. Liability for indirect damage and consequential damage resulting from use, faulty performance or loss of performance is excluded.
7 Data protection/electronic communication
7.1 The information on The Ginius Way's website is compiled solely for the purpose of providing information about The Ginius Way's services.
7.2 The Ginius Way would like to point out that the data collected as part of the conclusion of the contract will be collected, processed and used to fulfil the obligation arising from the order. The data necessary for the provision of services and fulfilment of the contract may also be passed on to commissioned service partners (e.g. logistics companies, service partners, collection companies). By agreeing to these General Terms and Conditions, the customer declares that he agrees to the use of this data.
7.3 The Ginius Way cannot guarantee the correct electronic transmission of data or the availability of the webpage at all times. The Ginius Way accepts no liability whatsoever for the security of data transmitted via the Internet. The transmission of the data takes place in principle by means of SSL coding. The Ginius Way shall not be liable for interruptions in data transmission or interruptions in the website, availability, technical or electronic problems during the ordering process or for the receipt and confirmation of orders.
8 Applicable Law and Jurisdiction
8.1 All legal relationships between the parties shall be governed by Swiss law to the exclusion of the conflict of laws provisions of Swiss law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention).
8.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship between the Customer and The Ginius Way (including the applicability and validity of these GTC) shall be Zurich, Switzerland. The Ginius Way reserves the right to take legal action against the customer at the competent court of his place of residence or registered office or at any other competent court.
The Ginius Way GmbH
Phone: +41 79 359 49 88