Terms of service

Last Updated: January 2, 2025

1. Subject of the Contract and Scope of Application

1.1. General Points

KlickIT, or the online store www.klickit.ch, is a service provided by Primetrack AG, Nauenstrasse 71a, 4052 Basel.

“KlickIT” refers to:

• This website, including its subdomains and any other website through which the provider offers the service;
• The Application Programming Interfaces (API);
• The service; all applications, sample and content files, source codes, scripts, command sets, or software included as part of the service, as well as related documentation;
• On the online store www.klickit.ch, Primetrack AG offers goods and services under the name klickit.ch, along with selected third-party merchants.
• All correspondence is handled via the klickit.ch customer service at Nauenstrasse 71a, 4052 Basel, or by email at info@klickit.ch. In the case of third-party offers, klickit.ch may forward correspondence to the relevant third-party merchant.

These General Terms and Conditions (hereinafter referred to as "GTC") govern the rights and obligations between Primetrack AG (hereinafter referred to as "Primetrack") and its customers in connection with all business relationships for all products and services of Primetrack in the fields of information technology, technology, and communication (ITC). The terms "customers" or "customer" include resellers and end customers (who may be consumers). The customer's general terms and conditions do not apply without Primetrack's express written consent.

1.2. Applicability

These GTC also apply to all future business relationships, even if they are not explicitly agreed upon again. By using the service at the latest, these terms and corresponding service conditions are also deemed accepted. The individual contract between the parties takes precedence over these GTC and any service conditions. Service conditions and other specific terms take precedence over the GTC.

 

2. Offers and Conclusion of Contract

2.1. The offer on the online portal www.klickit.ch is directed at capable customers over 18 years old with a residence or business headquarters in Switzerland. Offers are non-binding and should not be considered binding quotes (hereinafter also referred to as "orders"). Drawings, illustrations, measurements, weights, and other services are only approximate and do not constitute assurances of properties unless explicitly agreed upon in writing.

2.2. The customer receives a non-binding order confirmation. klickit.ch and third-party merchants reserve the right not to accept orders, particularly if quantities exceed typical household amounts. An order is only finalized upon confirmation of shipment or readiness for collection of the ordered goods. Employees of Primetrack are not authorized to make verbal side agreements or assurances beyond the written contract. Such agreements or assurances are invalid.

2.3. Customers are bound by their telephone, written, or electronic orders. If the customer places an order electronically or through an electronic tool provided by Primetrack (e.g., cloud.klickit.ch), the provisions of Section 4 apply. Electronically transmitted orders and confirmations through such tools are considered legally valid and signed. Discrepancies between the customer's order content and data recorded by Primetrack must be immediately reported by the customer to Primetrack, otherwise forfeiting all rights.

2.4. Customer requests for order changes or cancellations require Primetrack's written consent and must comply with the return policy outlined in Section 7. Primetrack reserves the right to charge the customer incurred costs or a handling fee.

2.5. If the purchase is made directly through klickit.ch, the contract is between the customer and klickit.ch. If products are purchased from a third-party merchant, the contract is directly between the third-party merchant and the customer. In such cases, klickit.ch acts solely as an intermediary and is not a contracting party.

2.6. Orders for goods and/or services and information about specific products are generally only possible after the customer registers on www.klickit.ch (including all its subdomains) with an individual customer account. The customer must provide, besides their username (email), their official first and last names, a registered residential address, and a valid telephone number. When shopping via the individual customer account, a password must also be set.

 

3. Rights and Obligations of the Customer

3.1. To use services on the online portal www.klickit.ch, customers must register or create a user account by providing all required data or information fully and truthfully. The service is only available to registered users.

3.2. Upon registration, customers agree to be responsible for all actions performed with their username and password. Customers are required to promptly and unambiguously inform Primetrack via the contact details provided in this document if they suspect that their personal information, including user accounts, access data, or personal data, has been compromised, unlawfully disclosed, or stolen.

3.3. User accounts can be deleted at any time in the following ways:

• Using the account deletion function available on klickIT.
• By directly contacting Primetrack via the contact details provided in this document.

Account deletion is only possible after the user's subscription term has expired.

3.4. Primetrack reserves the right to block or delete user accounts at its discretion at any time and without prior notice in the following cases:

• The customer has violated these GTC; and/or
• The customer's access to klickIT or their use of the services may cause damage to Primetrack, other customers, or third parties; and/or
• The customer's use of services may violate legal regulations or ordinances; and/or
• In cases of prosecutorial investigations or other official procedures and orders; and/or
• Primetrack considers the content or use of the account to be inappropriate, offensive, or in violation of the contract.

Blocking or deleting the user account does not entitle the customer to any compensation, indemnification, or reimbursement claims. Blocking or deleting the user account for reasons attributable to the customer does not release the customer from the obligation to pay agreed fees or prices.

3.5. Unless otherwise stated or clearly indicated, all content available on www.klickit.ch is the property of Primetrack and is provided by Primetrack or licensors.

3.6. Customers have the option to upload, share, or provide their own content on www.klickit.ch. By uploading, sharing, or providing their content as described, customers assure that they are entitled to do so and are not violating any legal provisions or third-party rights.

3.7. By uploading their own content to www.klickit.ch, customers grant Primetrack a non-exclusive and free right to use and process the content to operate and maintain www.klickit.ch as contractually intended. Customers waive the exercise of any moral rights related to the content provided to Primetrack.

3.8. Without the express prior written permission of Primetrack, either directly or through a legitimate reseller program, customers may not reproduce, duplicate, copy, sell, resell, or exploit www.klickit.ch and the service in any way.

 

4. Orders and Delivery

4.1. Orders are accepted through the website www.klickit.ch (including all subdomains). Placing an order constitutes a contract. Placing an order creates an obligation for the customer to pay the price, taxes, and any additional fees and charges as specified on the order page. If the purchased product requires active input of information, such as personal details, specifications, or special requests, placing the order creates an obligation for the customer to provide such information. After placing an order, customers receive an order confirmation. All notifications related to the described purchasing process are sent to the email address provided by the user for this purpose.

4.2. The delivery period specified in the offer or order confirmation is only an estimate and is not binding. If klickit.ch or the third-party merchant cannot meet the delivery period, the customer may withdraw from the order after 90 days from the order confirmation, following written notification to customer service.

4.3. klickit.ch and third-party merchants are entitled to make partial deliveries. If part of the ordered goods cannot be delivered, there is no right to cancel the entire order. Further claims by the customer cannot be asserted.

4.4. Delivery is made exclusively to addresses in Switzerland at the customer's cost and risk. Delivery is generally made only to the customer's mailbox or curbside.

4.5. If collection is required, the customer must collect the ordered goods within two weeks of notification at the designated collection point. The general opening hours of the designated collection point apply. If the goods are not collected within this period, klickit.ch or the third-party merchant has the right to withdraw from the purchase contract or deliver the goods to the customer at their expense. In both cases, a handling fee may be charged.

4.6. The customer is obligated to immediately check the delivered/collected goods for accuracy, completeness, and integrity. Damage to delivered/collected goods must be reported as soon as possible, but no later than five calendar days after delivery, to the executing transport company and klickit.ch. In the event of complaints, all parts of the original packaging must be retained. They may only be disposed of after written approval from the transport company or klickit.ch.

 

5. Prices

5.1. klickit.ch and third-party merchants reserve the right to change prices at any time. The price published at the time of the order applies. Price increases due to manufacturers, suppliers, insurance, public charges, or currency fluctuations remain reserved even until the delivery of the products, the provision of services, or during the use of services.

5.2. All prices published on the online portal www.klickit.ch are either inclusive of VAT and the advance recycling fee (VRG) or exclusive of VAT and VRG in Swiss Francs, depending on the section the customer is currently viewing. Additional costs (e.g., shipping fees, packaging costs, surcharges for certain payment methods, transport insurance, service charges, and installation fees) are not included in the price and are shown separately and may be additionally charged. Technical changes, errors, and printing mistakes remain reserved.

5.3. Primetrack may offer discounts or special promotions for purchasing products. Such offers and discounts are always subject to the conditions specified by Primetrack in the relevant section. Offers and discounts are granted at Primetrack's discretion. Repeated or recurring offers or discounts do not create any claims, titles, or rights that customers can assert in the future. Depending on the case, discounts or offers are valid only for a limited time or while stocks last. If an offer or discount is time-limited, the time references, unless otherwise stated, correspond to the provider's time zone, as indicated in the relevant section of this document.

 

6. Payment and Retention of Title

6.1. The payment methods specified on the online portal www.klickit.ch apply. Primetrack may exclude certain payment methods without further justification, either generally or for specific customers. Primetrack has the right to impose surcharges on certain payment methods. Primetrack reserves the right to conduct credit checks on the customer and may forward customer data to third parties for this purpose. Ordered products remain the property of Primetrack until the full purchase price has been received by Primetrack.

6.2. If the purchase contract is concluded between a third-party merchant and the customer, the purchase price claim is automatically assigned by the third-party merchant to Primetrack (cession). The customer can only discharge their obligation by paying the purchase price to Primetrack.

6.3. For invoice payments (available only to business customers upon request), the billing and delivery addresses must match. Invoices are due within 10 days from the invoice date unless otherwise agreed. After this payment period expires, the customer is automatically in default without further notice. Primetrack may charge default interest of 7%.

6.4. If the customer is in default of payment, Primetrack may cancel or suspend all further orders without prior notice until the full outstanding amount has been settled. Further claims for damages remain expressly reserved. Primetrack also has the right to assign outstanding debts to external collection agencies.

6.5. For purchases made with debit and credit cards, the charge is made at the time of the order. Payment data via credit and debit cards is transmitted in encrypted form. For purchases made via prepayment, the order is only processed once the corresponding payment has been received by Primetrack. The desired items cannot be reserved during this time. In cases of low stock availability, it may happen that items listed as "in stock and/or available" are no longer immediately deliverable by the time the order is processed. If payment is not received by Primetrack within 10 days, Primetrack or the third-party merchant may cancel the order. If it is agreed that the ordered goods will be collected by the customer from a Primetrack collection point, the total purchase price, including any additional costs, must be paid in full at the time of collection.

6.6. The products delivered by Primetrack or the third-party merchant, or collected by the customer, remain the property of Primetrack or the third-party merchant until the total purchase price (including all additional charges) has been received by Primetrack. The customer is obliged to handle the products with care as long as they remain the property of Primetrack or the third-party merchant.

 

7. Returns, Warranty, and Repairs

7.1. Right of Return and Exchange

Exchanging or returning products is generally not possible. An exchange or return can only take place after prior written agreement with Primetrack. The return of products must always be made within 10 days, in undamaged and, if applicable, unopened original packaging, including a copy of the purchase receipt and a detailed description of the defect, to Primetrack or the specified return address, at the customer’s expense and risk. In the event of a price change during this time, Primetrack will credit the value of the goods based on the lower price.

7.2. The customer acknowledges that Primetrack does not perform incoming inspections for material defects or the functionality of products delivered by manufacturers or suppliers. The responsibility for selecting, configuring, operating, and using products and services, as well as the results achieved, lies with the customer.

7.3. Unless explicitly assured, all warranties are excluded. Primetrack is only liable for third-party products to the extent that the third party (e.g., manufacturer, supplier, importer, licensor, service provider) is liable to Primetrack. Primetrack's sole obligation is to assign any liability and/or warranty claims against third parties to the customer where applicable. The customer acknowledges that, under the applicable provisions of the third party, warranty claims are typically limited to repair, delivery of defect-free replacement goods, or a credit.

7.4. The warranty period for customers is primarily determined by the warranty specified in the order confirmation or, secondarily, by the product description provided by the manufacturer/supplier. If a warranty is provided, the period is at least 24 months from the date of purchase in accordance with OR 210 Abs. 1.

7.5. Warranty is generally excluded for defects caused by any of the following:

• Inadequate or interrupted maintenance;
• Failure to follow operating or installation instructions;
• Improper use of products;
• Use of unauthorized parts and accessories;
• Normal wear and tear or "end of life" usage;
• Improper handling or treatment;
• Unauthorized interventions by the customer or third parties;
• External influences, particularly force majeure (e.g., power supply failures, air conditioning failures, natural disasters), and other reasons not attributable to Primetrack or the manufacturer/supplier.

The statutory warranty is fully excluded.

7.6. A guarantee is a voluntary contractual service provided by manufacturers/suppliers, which goes beyond the mandatory warranty claims of consumers under OR 210 Abs. 1. Warranty claims not covered by the manufacturer/supplier, as well as additional costs caused by the customer in the processing of warranty claims or guarantee services, will be charged to the customer.

7.7. Defects falling under warranty do not entitle the customer to withdraw from the purchase or declare cancellation.

7.8. Primetrack assumes no warranty for uninterrupted functionality of its electronic systems and interfaces, loss of data, or destruction of data during transmission.

7.9. The availability, timeliness, and accuracy of data and information provided electronically to customers are excluded from warranty or assurance.

7.10. Warranty Period and Manufacturer's Warranty

The warranty period is stated on the delivery note per item. If repairs or replacements are made, the warranty period is not extended. The delivery note serves as the warranty certificate and must be carefully preserved.

7.11. Procedure in Case of Defects

If there is a defect that is not covered by the warranty exclusion grounds, the customer should contact the service center listed at www.klickit.ch. The right to reimbursement of costs from third-party repairs is excluded. The customer must send the defective product to the service center listed at www.klickit.ch at his own expense and risk. The products must be returned or sent with all accessories in the original packaging with the sales receipt/delivery bill enclosed. If the original packaging is missing, the product must be packed for transportation. If it is determined that a product sent in is not covered by the warranty (reasons for exclusion or outside the warranty period), a cost estimate of the expected repair costs will be drawn up automatically. This can be invoiced to the customer. If the customer decides in favor of a repair, the cost estimate will not be charged. If the customer does not respond to the cost estimate within the deadline, the product will be disposed of. Returned products that are not defective, are sent to the wrong address, whose return was not agreed and/or whose packaging was defective or where the accessories are missing, can be returned to the customer. In these cases, Primetrack or the third party retailer is entitled to claim compensation for any handling costs.

 

8. Force Majeure

Force Majeure delivery and service delays as described above entitle Primetrack to postpone delivery or performance for the duration of the hindrance plus a reasonable restart period or to withdraw from the contract – insofar as it has not yet been fulfilled – in whole or in part. If the hindrance lasts longer than 3 months, the customer is entitled to withdraw from the contract – insofar as it has not yet been fulfilled – in whole or in part after setting a reasonable written grace period of at least 14 days. If the delivery time is extended or Primetrack is released from its obligations as a result, the customer cannot derive any claims for damages from this.

 

9. Liability

9.1. Customer Liability

The customer is liable to Primetrack for any damages, regardless of the legal basis, resulting from 1) delivered products and data or 2) non-contractual use of products or services by the customer or third parties. If Primetrack is held liable by a manufacturer/supplier due to non-compliance with such requirements and (contractual) conditions by the customer, the customer shall fully indemnify Primetrack, including legal enforcement costs.

9.2. Liability of Primetrack

9.2.1. Primetrack is liable for damages exclusively under warranty for material defects. Any further liability of Primetrack, its assistants, and third parties commissioned by Primetrack for damages of any kind and on any legal grounds is excluded to the greatest extent permitted by law. In particular, there is no liability for damages not caused to the product itself, such as consequential damages, lost profits, or other material or immaterial damages suffered by the injured party.

9.2.2. Furthermore, any liability of Primetrack is limited to direct damage up to a maximum of the respective sales price and only insofar as the customer proves that this was caused intentionally or by gross negligence on the part of Primetrack.

9.2.3. In the case of services, Primetrack is only liable for the careful and professional provision of its services. Defective contractual services will be rectified by Primetrack. Liability for indirect and consequential damages arising from use, malfunction, or service failure is excluded.

9.2.4. Primetrack assumes no liability for any software provided by Primetrack or third parties (including web applications, etc.) and its installation or its error-free uninterrupted functionality. In particular, liability for misuse, data loss, inaccuracies, or any other consequential damages, such as lost profits or production failures, is excluded.

9.2.5. Primetrack is not liable for transport damage.

9.2.6. The products are intended for standard commercial or private use according to the operating instructions. Use for safety systems, nuclear power plants, military facilities, medical devices (especially life-support functions), or for weapon manufacturing is prohibited. Any liability for use in these areas is excluded.

9.2.7. Liability for personal injury, damages caused intentionally or through gross negligence, as well as damages subject to product liability, remains unaffected. Further mandatory statutory liability provisions also remain unaffected.

9.2.8. Primetrack is not liable for delivery errors resulting from inaccuracies or incompleteness during the order process by the customer, nor for damages or delays after handover to the carrier if this was commissioned by the customer. If the goods are not accepted at the specified time or collected within the specified period, they will be returned to Primetrack. In such a case, Primetrack will contact the customer to arrange a second delivery attempt or discuss further steps. Unless otherwise agreed, the customer shall bear the costs of each additional delivery attempt from the second attempt onwards.

9.2.9. Primetrack is not liable for damages or losses resulting from interruptions or malfunctions of services offered by www.klickit.ch. This also applies if such interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events beyond the provider's control, such as failures or interruptions in telephone or power lines, the Internet, and/or other transmission media, unavailability of websites, strikes, natural disasters, viruses, cyber-attacks, interruptions in the supply of products, services, or third-party applications.

9.2.10. Primetrack is not liable for damages, impairments, or losses caused by viruses or other malware contained in or linked to files available for download from the Internet or via www.klickit.ch. Customers are responsible for implementing adequate security measures – such as antivirus software – and firewalls to prevent such infections or attacks, as well as creating backups of all data or information exchanged or uploaded via www.klickit.ch (including all subdomains).

 

10. Software License

10.1. All rights to the software or technical solutions on which www.klickit.ch is based or embedded, integrated, or connected with, belong exclusively to Primetrack and/or its licensors.

10.2. Provided the customer complies with these GTC and notwithstanding any differing provisions, Primetrack grants the customer a revocable, simple, non-sublicensable, and non-transferable right to use the software and/or other integrated solutions for the purposes intended by the service.

10.3. Customers are not granted the right to access, use, or distribute the source code. All rights to processes, algorithms, and technical solutions contained or integrated into the software and associated documentation remain exclusively with Primetrack or its licensors.

10.4. All rights and licenses granted become automatically void upon termination of the agreement, regardless of the reason. Customers may download, install, execute, and use the software on the permitted number of devices, provided they meet current market standards.

10.5. The provider reserves the right to release updates, bug fixes, and enhancements for www.klickit.ch and/or associated software and provide them to users free of charge. Users may be required to download and install such updates to continue using www.klickit.ch and/or the associated software. New versions may only be available for a fee.

10.6. Customers can access their data via the API interface (API). The use of the API, including third-party product/service access to data via the API, is subject to these GTC and additional terms:

• The customer explicitly acknowledges and accepts that Primetrack is not liable for any damages or losses resulting from the use of the API by the customer or third-party products/services accessing data via the API.

 

11. Advertising

Primetrack aims to deliver not as much advertising as possible to customers with an active customer account, but rather the right advertising. Therefore, this advertising is based on an analysis of previous purchasing and customer behavior and avoids unnecessary advertising. Primetrack offers various options and channels for sending this personalized advertising, including but not limited to email, postal mail, phone, text, or image messages (SMS, MMS). By creating a customer account on www.klickit.ch, personalized advertising is considered approved. This consent can be revoked at any time. Furthermore, each personalized email or newsletter contains an unsubscribe link, which can also be used to withdraw consent.

 

12. Contract Duration

12.1. Subscriptions allow customers to receive a product continuously or regularly over a specified period. Paid subscriptions begin on the day the payment is received by Primetrack. To maintain subscriptions, customers must pay the required recurring fee on time. Otherwise, service interruptions may occur.

12.2. Paid subscriptions with a fixed term begin on the day the payment is received by Primetrack and last for the term selected by the customer or specified during ordering. After the subscription term ends, the product is no longer accessible unless the user renews the subscription by paying the corresponding fee. Fixed-term subscriptions cannot be terminated early. They end upon the expiration of the subscription term.

12.3. If the purchase price is paid in installments, the subscription begins on the day the first installment payment is received by Primetrack and continues for the subscription term, provided all subsequent payments are made on time. Failure to meet payment deadlines may result in the product becoming unavailable.

12.4. Subscriptions are automatically renewed using the payment method selected by the customer during purchase unless the customer cancels the subscription within the deadlines specified in these terms and conditions and/or via www.klickit.ch. The term of the renewed subscription corresponds to the original term.

12.5. Recurring subscriptions can be canceled at any time through a clear and unambiguous cancellation notice to Primetrack. Customers must use the contact details specified in this document or, if available, the corresponding controls provided via www.klickit.ch. If the cancellation notice is received by Primetrack at least 7 days before the subscription renewal, the cancellation will take effect at the end of the current term.

12.6. Open-ended subscriptions can be canceled at any time through a clear and unambiguous cancellation notice to Primetrack. Customers must use the contact details specified in this document. Cancellations take effect 30 days after the cancellation notice is received by the provider.

12.7. Customers with an active subscription can purchase individual add-ons or features. Primetrack provides details about these in the relevant section of the service. Prices, duration, terms of use, and cancellation of these extras may differ from those of the main product and, unless otherwise stated, do not affect the price, duration, terms of use, or cancellation of the main product.

 

13. Service Interruptions

To ensure the best possible service, Primetrack reserves the right to interrupt the service for maintenance, system updates, or other changes. Customers will be appropriately informed. Within the framework of legal provisions, Primetrack may also decide to suspend or terminate the service entirely. In the event of service termination, Primetrack will cooperate with customers to enable them to delete personal data or information in accordance with applicable law. Additionally, the service may become unavailable due to reasons beyond Primetrack's control, such as "force majeure" (e.g., industrial action, infrastructure failures, or power outages).

 

14. Confidentiality and Information Security

14.1. The contracting parties undertake to maintain confidentiality regarding facts and data that are neither obvious nor generally accessible. This includes, in particular, prices, information about prices, availability, product data, and other confidential commercial data and information, as well as personal data. In cases of doubt, all information and data must be treated as confidential. This obligation must also be imposed in writing on third parties involved (employees, agents, contractors). The customer undertakes to use such facts and data only for the purpose of the contractual relationship with Primetrack and not to disclose them to third parties without prior explicit written consent from Primetrack. Similarly, the customer is not authorized to store any information and data received in writing or electronically on any computers other than their own or those exclusively controlled by them. The confidentiality obligation remains in effect even after the contractual relationship ends or the agreed service has been fulfilled. Statutory disclosure obligations remain reserved.

14.2. The customer undertakes to ensure that they and their employees or third parties comply with the operational, technical, and security-related regulations and safeguards in accordance with the latest technical and knowledge standards, particularly concerning access and authorization specifications for systems, passwords, login data, etc. The customer is solely responsible for ensuring information security.

 

15. Data Protection and Data Storage

15.1. In processing customer and personal data, Primetrack complies with applicable Swiss law (Federal Act on Data Protection (FADP) SR 235.1) and, where applicable, European data protection law (Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR)), particularly concerning the monitoring of individuals' behavior within the EU (Art. 3 para. 2 lit. b GDPR) and the delivery of products and services to individuals in the EU and EEA (Art. 3 para. 2 lit. a GDPR).

15.2. Primetrack informs about the use of personal data in the privacy policy of the service www.klickit.ch in the corresponding document.

15.3. If Primetrack processes customer or end-customer data as a data processor, a separate data processing agreement must be concluded. This may apply in connection with cloud services, maintenance, and support, as well as any warranty work.

 

16. Intellectual Property Rights

16.1. Without prejudice to more specific provisions of these terms and conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to the service (www.klickit.ch), are the exclusive property of Primetrack or its licensors and are protected by applicable law or international treaties regarding intellectual property.

16.2. All trademarks, trade names, service marks, word marks, illustrations, images, or logos – and any other marks – appearing in connection with the service (www.klickit.ch) are and remain the exclusive property of Primetrack or its licensors and are protected by applicable law or international treaties regarding intellectual property.

 

17. Hosting Services

Primetrack offers hosting services to customers. In doing so, Primetrack provides customers with storage space and server services on an internet-connected infrastructure to the extent selected by the customer. By using hosting services, the customer accepts, in addition to these terms and conditions, the General Terms and Conditions for klickIT Hosting.

 

18. Changes to these Terms and Conditions

Primetrack reserves the right to amend these terms and conditions as well as specific general contractual terms (e.g., service conditions) at any time. Primetrack will inform customers in an appropriate manner, especially if changes are made that are disadvantageous to them. The current and previous versions can be viewed online at www.klickit.ch at any time. Changes or deviations from these terms and conditions in the form of side agreements or individual agreements require written form and the signature of both parties to be valid. This requirement for written form can only be waived through a written agreement.

 

19. Severability Clause

If any provision in these terms and conditions or any additional agreement made under them is or becomes invalid, this will not affect the validity of the remaining provisions of these terms and conditions or the remaining contractual terms and agreements as a whole.

 

20. Applicable Law and Jurisdiction

The contractual relationships between the parties, including these terms and conditions and all contracts or individual agreements concluded under them, are subject exclusively to substantive Swiss law, excluding the conflict-of-law provisions of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) and the Hague Convention on Private International Law. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of Primetrack. Primetrack reserves the right to bring action against the customer at their ordinary place of jurisdiction. Mandatory statutory jurisdictions remain reserved.