1 Scope of application
These General Terms and Conditions (‘GTC’) apply to the business activities of Peter Straub Immobilienmanagement, Mitteldorfstrasse 32, 6315 Oberägeri, (hereinafter referred to as the ‘Company’). The Company owns and operates the platform www.straubundpartner.com and provides paid and unpaid services in connection with the brokerage of property. The Company also offers consultancy services. 
These GTC apply to the above-mentioned areas as well as to the other services that the Company provides directly and indirectly to the Customer.
2 Conclusion of contract
The contract is concluded when the customer accepts the company's offer regarding the purchase of services, products or licences.
The contract is also concluded when the customer makes use of the services offered by the company or purchases or uses the company's products (licence).
3. prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The company reserves the right to change prices at any time. The prices valid on the website www.startups.ch at the time the contract is concluded or according to the company's separate price list shall apply. The prices valid at the time the contract is concluded shall apply to the customer.
4 Payment
The customer is obliged to pay the invoiced amount within 30 days of the invoice date. Unless he has already paid the amount during the ordering process via credit card, Paypal or other payment systems.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he is automatically in default. From the time of default, the customer shall owe default interest in the amount of 5%.
The company reserves the right to demand payment in advance at any time without giving reasons.
The invoiced amount may not be offset against any claims the customer may have against the company.
The Company shall be entitled to refuse to provide the service, deliver the product or grant the licence in the event of late payment.

5. obligations of the company
5.1 Provision of services
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. The service includes the services that are or were published online at the time the contract was concluded. 
The majority of the company's services are provided online. For all other services, the registered office of the company shall be the place of fulfilment, unless otherwise agreed.
5.2 Auxiliary persons
The parties have the express right to call in auxiliary persons to fulfil their contractual obligations. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labour agreements.
6 Licence
6.1 Utilisation
The company grants the customer the right to use the documents in the corresponding contract boxes. These rights of use are non-exclusive, non-transferable and limited to use by the customer. The individual documents serve as templates and may only be used by the Customer as templates and for its own purposes. Any transfer to third parties and any other use, commercial or otherwise, is prohibited.
6.2 Formatting
If the documents are created in a format that restricts the customer's rights of use, this is the intention of the company and reformatting is not permitted.
6.3 Time limit
The content is available to the customer for the agreed period. After expiry of this period, the customer is no longer entitled to the content of the contract boxes.
7 Obligations of the customer
7.1 Exercise of the rights of use
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the data and information collected.
The customer is obliged to take all precautions necessary for the provision of the service by the company immediately. The customer must make the arrangements at the agreed place, at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and documentation to the Company.
By accepting these GTC, the customer also confirms that he/she has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and complies with the rights of third parties, common decency and the law.
7.2 Duty to co-operate
The customer is obliged to make all arrangements necessary for the provision of the service by the company without delay. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and documents for the Company.
Furthermore, the customer is obliged to co-operate fully and promptly. He must provide the Company with all documents required in connection with the provision of the service without being requested to do so, in full and with the correct content. The Company assumes that the information and documents supplied are correct and complete and comply with the statutory duties to co-operate and provide information. The Company shall only be responsible for checking the accuracy and correctness of information, documents and figures provided by the Customer if this has been agreed in writing in advance.

7.3 Further obligations
The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the data and information entered.
The company is entitled to monitor the behaviour of the customer in connection with the use of the Internet platform. In particular, the company is authorised to check the legality of content entered by the customer on the online platform at any time.
8 Cancellation
8.1 Services
Both parties have the right to withdraw from the contract at any time. The cancelling party must reimburse the other party in full for any expenses already incurred. Cancellation at an inopportune time is not permitted. The customer shall be invoiced for the costs incurred as a result of the cancellation. The exact amount will be communicated to the customer upon conclusion of the contract.
8.2 Products
The exchange of products is generally excluded.
8.3 Licence
The customer receives from the company the right to use the documents in the contract box for the agreed duration. Cancellation after completion of the order but before use is possible free of charge. Cancellation after use is no longer possible and the agreed fee is owed for the contractual duration.
9. upgrade / add-on
An upgrade from a smaller to a larger package is possible at any time. However, downgrading is excluded. If the customer has selected a larger package and does not purchase all services, he is not entitled to a refund.
Add-ons selected for the package cannot be deselected at a later date. If the service of an add-on has been provided, it will be charged in full; any reimbursement of unused add-ons is excluded.
10 Retention of title
Ownership of the products shall remain with the company until the purchase price has been paid in full. Until then, the customer may not dispose of the products, and in particular may not sell, lease or pledge them.
11 Warranty
The company endeavours to ensure good availability of www.startups.ch and takes reasonable precautions to protect www.startups.ch from interference by third parties.
However, it cannot guarantee that www.startups.ch and the services offered will function without interruption or disruption, nor can it guarantee that the files are free of viruses. The company provides no guarantee for the factual and content-related correctness, completeness and reliability or quality of the published or transmitted information and documents. Furthermore, it cannot provide any guarantee for non-spamming, malicious software, spyware, hackers or phishing attacks etc. that impair the use of the service, damage the customer's infrastructure (e.g. end devices, PC) or harm the customer in any other way. The company cannot guarantee the accuracy, completeness, reliability or quality of the information and processes provided, published or transmitted, or the results of the services. Any problems or defects must be reported to the company immediately.
The Company warrants that the product is free from defects in material and workmanship.
Any defect must be reported to the Company immediately. The Company shall be entitled to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty period for the repaired element begins anew; the original warranty period continues for the remaining elements of the product.

12 Liability
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damages is limited to the amount of the service, product or licence purchased by the customer. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is excluded in full.
13 Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is authorised to use them by the owner.
Neither these GTC nor any associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and making available of information, images, texts or other material which the customer receives in connection with these provisions is prohibited unless explicitly authorised by the company.
If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
14. data protection
The Company may process and use the data collected in connection with the conclusion of the contract in order to fulfil its obligations under the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual utilisation of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes and pass it on to its partners for advertising purposes. The data necessary for the fulfilment of services may also be passed on to contracted service partners or other third parties.
Furthermore, the data protection provisions shall apply.
15 Amendments
These General Terms and Conditions may be amended by the company at any time. 
The new version shall enter into force upon publication on the Company's website.
The version of the General Terms and Conditions in force at the time the contract is concluded shall apply to customers. Unless the customer has agreed to a newer version of the GTC.

16 Priority
These GTC shall take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
17. severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.
18 Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.
19 Force majeure
If the timely fulfilment by the Company, its suppliers or third parties involved is made impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the fulfilment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Company may withdraw from the contract. The company shall reimburse the customer in full for any payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
20 Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.

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