These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions of flawa iQ AG (hereinafter referred to as “flawa iQ”), unless otherwise agreed in writing.
Any terms and conditions of the customer that conflict with or deviate from these GTC are not binding upon flawa iQ, unless expressly accepted in writing by flawa iQ.
The products and prices displayed in the online shop constitute a non-binding offer.
An order placed via the online shop is considered an offer made by the customer. Receipt of the online order is confirmed to the customer by an automatically generated order confirmation email sent by flawa iQ to the email address provided by the customer. This confirmation constitutes acceptance by flawa iQ.
Orders placed by telephone, email or post are generally confirmed in writing by means of an order confirmation.
A contractual relationship between flawa iQ and the customer becomes legally binding once a contract signed by both parties exists, or when an online order is confirmed by flawa iQ through a written order confirmation acknowledging these GTC. These GTC form an integral part of all contractual agreements.
If the customer has selected automatic re-supply for the “Advanced” or “Pro” case (including the alarm function), this agreement is valid for a fixed period of three years, ending at the close of the calendar year.
Unless terminated by the customer with three months’ notice prior to year-end, the agreement shall automatically renew for an additional year.
The term of recurring charges (monthly costs, service fees for “Advanced” and/or “Pro”, including the alarm function) begins upon dispatch of the respective case.
All sales prices are stated in Swiss francs (CHF).
All published prices according to the “Price List Basic Equipment MAXI & MIDI” and the “Module Re-supply Price List” are exclusive of value-added tax (VAT). Statutory charges such as VAT shall be invoiced separately at the applicable rate.
Payment on invoice is available to the customer. Payment must be made in CHF.
The customer is obliged to pay the invoice amount within 30 days of receipt of the invoice.
If the customer fails to meet the payment obligation in full or in part, flawa iQ is entitled to:
• suspend further work and withhold deliveries until payment has been made;
• charge reminder fees of CHF 30.00 from the second reminder onwards;
• either maintain the contract or withdraw from it;
• charge default interest at a rate of 5% per annum from the due date, without further notice..
Benefit and risk shall pass to the customer upon handover of the products to the transport company.
If the products are collected ex works by the customer or by a carrier appointed by the customer, benefit and risk pass to the customer upon handover to the customer or their agent.
If the customer is unable to take delivery for reasons beyond the control of flawa iQ, flawa iQ is entitled to store the products at the customer’s expense and risk.
flawa iQ endeavours to provide information on product availability and delivery times that is as current and accurate as possible.
However, due to production or supply bottlenecks, delays may occur at flawa iQ or its suppliers.
All statements regarding availability and delivery times are therefore non-binding and subject to change.
If delivery of the ordered products depends on a supplier and such delivery fails or is delayed for reasons beyond flawa iQ’s control, flawa iQ shall inform the customer immediately.
The contract remains in force, and the ordered products shall be delivered as soon as possible.
First-aid cases are dispatched as quickly as possible.
Re-supply of individual modules for cases in operation generally takes place on working days within 24–48 hours.
Exempt from this are company holidays from 24 December to 2 January and official public holidays in the Canton of St. Gallen.
Delivery is carried out by a transport company selected by flawa iQ.
If flawa iQ is in default of delivery, the customer is entitled to the statutory remedies.
The customer must inspect the delivered or collected products immediately upon receipt for correctness and completeness.
For freight deliveries, any delivery damage must be noted on the delivery receipt.
Incorrect or incomplete deliveries must be reported in writing to flawa iQ within five (5) calendar days from the date of delivery or collection.
Failure to report within this period constitutes acceptance of the delivery and excludes any warranty claims.
Unless otherwise agreed in writing, the warranty period is 12 months from delivery or collection of the ordered products.
flawa iQ may fulfil its warranty obligation by replacing the product with an equivalent one.
The customer must handle the products with due care.
Malfunctions or defects arising from proper and appropriate use will be remedied by flawa iQ during the warranty period at no cost to the customer.
Malfunctions or defects arising from careless, negligent or improper use, or those occurring after the warranty period has expired, will be remedied by flawa iQ at the customer’s expense.
The customer must notify flawa iQ of any defects in writing within five (5) calendar days and provide a detailed description.
Failure to do so excludes any warranty claims.
Rescission and reduction rights under Articles 205 et seq. of the Swiss Code of Obligations (CO) and claims based on fundamental error under Articles 23 et seq. CO are excluded.
To the extent permitted by law, flawa iQ shall be liable only for damage caused to the customer by wilful misconduct or gross negligence.
flawa iQ accepts no liability for the proper functioning of the alarm function, as it is provided by a third-party supplier and lies outside the responsibility of flawa iQ.
Unless otherwise agreed, the customer agrees that user data (e.g., frequency of module usage) may be used by flawa iQ for statistical and marketing purposes without naming the company but including the industry classification.
The processing of personal data by flawa iQ is governed by the Privacy Policy available on the website at: https://flawa-iq.ch/en-ch/datenschutz.
flawa iQ reserves the right to amend or supplement these GTC at any time.
The version published on the flawa iQ website at the time of the transaction shall be authoritative.
Any amendments or supplements to legal transactions between flawa iQ and the customer must be made in writing.
Termination of the automatic re-supply agreement (Clause 3) must also be made in writing.
Should any provision of these GTC prove invalid or unlawful, in whole or in part, the validity of the remaining provisions shall not be affected.
The invalid provision shall be replaced by a valid provision that most closely reflects the intended economic purpose.
In the event of a contractual gap, the same principle shall apply accordingly.
In the event of discrepancies between different language versions of these GTC, the German original shall prevail.
The legal relationship between flawa iQ and the customer shall be governed by Swiss law, excluding the conflict-of-law provisions of the Swiss Private International Law Act (PILA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any disputes arising in connection with the legal relationship between flawa iQ and the customer shall be subject exclusively to the jurisdiction of the ordinary courts at the registered office of flawa iQ in Switzerland.
Translation notice: This translation of the Terms and Conditions was generated with the assistance of artificial intelligence. Only the original German version is legally binding. In case of discrepancies, the German version shall prevail.
Flawil, 30 July 2025
