1 SCOPE OF APPLICATION AND CONCLUSION OF THE CONTRACT

1.1 The following General Terms and Conditions (hereinafter referred to as «GTC») apply to all business relationships between proGenia GmbH (hereinafter referred to as «proGenia») and you as a user (hereinafter referred to as «ally»). They apply to all services and products offered by proGenia for the entire duration of their use by the ally.

1.2 By using the services and/or products of proGenia, you as an ally accept these GTC unchanged and in full. Within the scope of the ordinary ordering process and other cooperative actions, you as an ally will be requested to confirm your agreement to the GTC by clicking on a corresponding field.

1.3 The GTC form an integral part of the contract with you as an ally.

2 SERVICES AND RIGHTS OF PROGENIA

2.1 proGenia offers the allies services or products as described on the website. https://www.progenia.ch an.

2.2 Customer data shall be treated strictly in accordance with the statutory provisions, in particular Privacy Policy.

2.3 proGenia may at any time engage third parties to provide its services.

2.4 proGenia reserves the right to carry out maintenance work at any time which may lead to interruptions in service. proGenia shall endeavour to carry out such maintenance work at off-peak times and within as short a time window as possible. As far as possible, proGenia shall inform the allies concerned in advance by appropriate means.

3 DISCLAIMER

3.1 proGenia shall not be liable for any damages that may result from disruptions or the impossibility of using proGenia’s websites. In particular, proGenia shall not be liable for costs incurred in connection with acquired data or unauthorised access to or modification of the user’s input or data or in any other way in connection with proGenia.

3.2 proGenia is in particular not liable for the legality of the allies’ offers, and therefore also not liable for any claims of third parties due to infringements of rights resulting from the contracts concluded between allies.

3.3 In all other respects, proGenia shall only be liable for intent and gross negligence in the event of any damage.

 4 RIGHTS AND DUTIES OF THE ALLIES

4.1 The ally bears sole responsibility for the content of the information (language, images, sounds, programmes, databases, audio/video files, etc.) which he himself (and third parties communicating with him) transmits or has processed, distributes or makes available for retrieval by proGenia. Likewise, the ally bears sole responsibility for references (in particular links) to such information. proGenia is under no obligation to monitor the content made accessible by allies.

4.2 The Ally undertakes to make only permissible content accessible using the services and products of proGenia. In particular, content based on inadmissible conduct within the meaning of section 4.1 of these GTC or section 3.1 of the Code of Conduct Hosting of the industry association Swico (hereinafter “CCH”) is not permitted. read here). proGenia is entitled, but not obliged, at any time to check the content made accessible by allies for its legality.

4.3 Allies at proGenia are themselves responsible for ensuring that out-of-date offers are deleted. proGenia therefore does not guarantee that an item (object, product, medium, service, etc.) still listed on its website is still available when ordering from the provider.

5 IMPROPER CONDUCT OF THE ALLIES

5.1 Allies of proGenia are prohibited from advertising items not offered at proGenia in their offers.

5.2 Allies are prohibited from allocating part of the price of an offer to shipping costs. The indication of shipping costs may only include the costs that are actually incurred due to shipping, packaging and related expenses. Furthermore, it is not permitted to charge additional fees that exceed the price for the item plus the stated shipping costs.

5.3 Allies may not post articles on the proGenia websites that violate the rights of third parties. This includes above all copyright, name or trademark rights. In particular, no offers with copied or black-printed books may be offered. proGenia does not guarantee that the articles offered are free of such third-party rights.

5.4 Within the framework of the contractual relationship with proGenia, the ally must comply with the applicable Swiss and foreign laws. In particular, the ally is prohibited from the following:

• Committing a criminal offence (fraud, computer crime, money laundering, violation of business secrets, forgery of documents, violence and threats against authorities and officials, unauthorised gambling, etc.); participating in a criminal offence (involvement, instigation, aiding and abetting) or providing the services or products claimed by proGenia for the commission of a criminal offence by third parties;
• Violation of provisions of the Federal Act against Unfair Competition (UCA), including the customer’s duty to provide an imprint pursuant to Art. 3 para. 1 lit. s UCA;
• Disseminating or making available content that violates criminal or civil law (depictions of violence, so-called soft and hard pornography, incitement to breach the public peace, disturbance of religious freedom and freedom of worship, racial discrimination, defamation, libel, violation of personality, etc.).

6 RELATIONSHIPS AND INTERACTIONS BETWEEN ALLIES

6.1 Allies regulate the handling of sales contracts and other cooperations – in particular shipment of the goods, payment modalities and their enforcement – directly themselves. proGenia provides the information and offers of allies on its internet platforms and merely forwards the order between allies by e-mail.

6.2 proGenia offers allies the opportunity to give away, exchange, lend, share, buy and sell items (objects, products, media, services, etc.). The items made available on proGenia’s websites by allies do not constitute a direct offer by proGenia. proGenia therefore does not become a contractual partner of the ally with regard to the transactions made; such a contract is only concluded directly between buyer and seller, or between two cooperation partners. Nor does proGenia act as a representative of any of the contracting parties involved. Any claims in this regard (payment claims, delivery, warranty, liability) must be asserted directly against the respective other contracting party. proGenia is not liable for the agreements that buyer and seller conclude with each other. proGenia can neither guarantee the correctness, completeness and/or availability of the offers, nor otherwise be liable for offers or the ally’s ability or willingness to pay.

6.3 Allies agree that proGenia will act as a mediator in the event of a dispute.

7 CAUTION

7.1 proGenia reserves the right to exclude allies temporarily or permanently from further transactions and actions via proGenia in the event of violations of the law, good morals, these general terms and conditions or for other reasons. Likewise, proGenia may reject individual offers from allies. proGenia is also entitled to remove individual images or other content (or references thereto) from its websites without prior notice.

7.2 As an ally of proGenia, you indemnify proGenia internally against all possible claims by third parties arising from your use of the website. You also agree to indemnify proGenia from any claims made by third parties due to an infringement committed by you. Furthermore, proGenia reserves the right to take recourse against you for all immaterial and material damages resulting from your user relationship.

7.3 proGenia reserves the right to change the appearance and the services offered.

7.4 proGenia reserves the right to change these terms and conditions at any time. It is not necessary for proGenia to give reasons. The invalidity of any provision shall not affect the validity of the remaining provisions. Should individual provisions of these GTC violate applicable law and be invalid, they shall be replaced by a provision that is suitable to realise the economic purpose of the provision.