These General Terms and Conditions (GTC) apply to all deliveries, products, software, cloud services and services provided by Smart Home Swiss SA. They form the basis for all offers, contracts and business relationships, unless deviating written agreements have been made.
Smart Home Swiss SA develops, manufactures and distributes its own hardware and software solutions as well as cloud services for building automation. In addition, the company provides services in the areas of planning, project design, system integration, programming, commissioning, maintenance, support, and network and multimedia infrastructure.
The exact scope of services is set out in the respective quotation or contract.
Unless stated otherwise, offers are valid for 30 days. A contract is concluded upon written order confirmation or acceptance of the quotation.
All prices are in Swiss francs (CHF) excluding statutory VAT. Additional services, project changes or additional work will be charged based on time and materials or in accordance with a separate agreement.
The customer shall ensure that all prerequisites for the provision of services are met. In particular, this includes:
Delivery and execution dates will be met where possible. Delivery bottlenecks, force majeure, delays caused by third parties or a lack of customer cooperation shall extend the agreed deadlines accordingly.
Upon completion of the work, a joint functional test and acceptance will take place. If no written notice of defects is submitted within ten working days, the services shall be deemed accepted.
As the manufacturer, Smart Home Swiss SA grants a **24-month warranty** on its hardware and software products from the date of delivery.
The warranty excludes in particular:
For third-party products, only the warranty provisions of the respective manufacturer shall apply.
Standard products may be returned within **10 calendar days** of receipt, provided they are unused, complete and in the original packaging.
Individually configured, programmed or custom-made products, as well as software licences and cloud services, are excluded from return.
Smart Home Swiss SA reserves the right to charge an appropriate **repacking and/or restocking fee** for returned products, provided a return is accepted.
Cloud services, software and remote maintenance are operated in accordance with the current state of the art. However, uninterrupted availability cannot be guaranteed.
Maintenance work, security updates or influences from third-party providers may lead to temporary restrictions.
The protection of personal data is of high importance to Smart Home Swiss SA. Personal data is processed exclusively within the framework of applicable Swiss data protection legislation (DPA) and—where applicable—the General Data Protection Regulation (GDPR). Personal data is collected and processed only to the extent necessary for contract performance, operation of the systems, support or statutory obligations. Data is disclosed to third parties only insofar as this is necessary for contract performance or where there is a legal obligation.
Smart Home Swiss SA cloud services are generally operated on servers in Switzerland. Appropriate technical and organisational measures are taken to ensure the confidentiality, integrity and availability of the data.
Further information is set out in Smart Home Swiss SA’s privacy policy.
All software, source code, programming, visualisations, documentation, APIs and in-house developments remain the intellectual property of Smart Home Swiss SA, unless otherwise agreed in writing.
To the extent permitted by law, Smart Home Swiss SA’s liability is limited to damage caused intentionally or by gross negligence.
Any liability for indirect damage, consequential damage, business interruptions, data loss, loss of profit or third-party claims is excluded.
Swiss law shall apply exclusively. The place of jurisdiction for all disputes is the registered office of **Smart Home Swiss SA**, unless mandatory statutory provisions provide otherwise.
