Terms and Conditions

These provisions govern the contractual relationship between the customer and OGGO in the rest of this document. Certain terms used several times below are defined in article 11 of these General Conditions (in order to facilitate your understanding).

OGGO is responsible to the customer for the careful provision of the agreed services, in accordance with the contractual conditions. OGGO reserves the right to perform all or part of the service in the workshop, after informing the customer.

OGGO reserves the right to refuse to install a product that is not an original product or software that is not accompanied by user licenses.

OGGO's services are guaranteed. OGGO covers the intervention and travel costs incurred by the reproduction of an identical failure on the same equipment and the same site, subject to an intervention in the previous 7 days. The warranty does not apply if the first intervention has given rise to written reservations on the part of OGGO, in particular on the inadequacy of the hardware and/or software in place in relation to the functionalities requested. Likewise, the warranty does not apply if the failure is not due to poor performance of the same service but to any other cause and in particular non-compliant use, inadequate maintenance conditions, a lack of technical qualification of the user or a computer virus. The warranty for the equipment distributed and/or installed by OGGO is that granted by the suppliers and manufacturers. It is limited to the general and specific conditions of suppliers. The guarantees do not apply when the product is not in accordance with the use for which it is intended and/or when the conditions of maintenance and use are not respected.

OGGO may use third parties for the provision of services or the execution of the contract.

All deliveries are under the responsibility of the purchaser who bears the risks, losses and possible damages, as well as the costs. OGGO chooses the means of transport and the method of delivery. If the purchaser requires another method, he will bear the additional costs. Shipping, transport and insurance costs are charged to the purchaser. The goods and/or services are delivered/performed at the place indicated by the purchaser in his order.

The customer transmits to OGGO all the information necessary for the proper execution of the contract (for example passwords, access to secure buildings, documentation, supplier contacts, etc.). The customer declares to have read the characteristics of the products and services and to have, under his own and entire responsibility and according to his needs, made his own choice on the goods and/or services that are the subject of his order. The customer is aware of the means that he must implement for the success of his IT project.

The prices of services and products are communicated to the customer by simple request. Unless otherwise specified, they include all taxes (VAT) for “private” customers and excluding value added tax (VAT) for “business” customers. The advance recycling tax (TAR) is not included in the price for “private” and “corporate” customers. The price corresponds to an intervention carried out under normal conditions and on the basis of information provided by the customer. Each additional work or requiring specific tools will be the subject of an estimate to be accepted, before any completion. Due to the rapid evolution of computer technologies, OGGO reserves the right to provide the purchaser with goods and/or services different from those ordered, as long as the initially planned result is respected. Likewise, OGGO reserves the right to invoice the goods at the price in force on the day of delivery or to cancel the contract in the event of refusal of the new prices by the purchaser.

All offers are non-binding. OGGO reserves the right to accept or refuse the order made on the basis of the offer. Offers are valid for 20 days, unless otherwise stated either on the offer itself or in the case of a limited-time promotion. Offers are subject to the “except error or omission” clause. Delivery times are mentioned on the offers for information purposes only and must be confirmed. Delivery time confirmations depend on that of OGGO's suppliers.

In the case of corporate billing, OGGO draws up the invoices based on the statements at its disposal. In the event of a dispute with the invoice by the customer, the statements are authentic.

Unless otherwise stated, invoices from individual customers are payable in cash upon delivery of the goods and/or service. Invoices from professional customers are payable in Swiss francs within 15 days, unless otherwise stated on the invoice. Projects are payable at the end of each phase, unless otherwise specified in the contract or invoice. Until the due date of the invoice, the customer can dispute the invoice in writing with reasons. After this deadline, the invoice is considered approved. At the end of the contract, all amounts due are due. Ownership of the goods is transferred to the customer only after full payment of the price.

If, by the time the invoice is due, the customer has neither paid nor contested it in writing with reasons, OGGO may refuse any request from the customer and/or postpone the execution of an order in progress. The client bears all costs incurred by OGGO as a result of the late payment, in particular interest on arrears, legal fees and court fees.

If OGGO doubts the customer's ability to comply with the payment terms provided for in the contract or in the event of difficulties in recovering the amounts due, it may require - even before the conclusion of the contract or during the duration of the contract - advance payment. If the customer does not make the requested payment, does not provide the required guarantees or does not pay the outstanding amounts, OGGO is authorized to apply the same measures as in the event of late payment. The same provision applies in the event of a reconciliatory suspension or the opening of bankruptcy.

OGGO is committed to treating its customers' data with care and to complying with legal provisions on data protection. OGGO processes personal data in order to provide and perform, in accordance with the contract and the law, the services offered, to maintain its relationships with customers and to develop, develop and submit service offers according to the needs of the customer. The customer authorizes OGGO to exchange data with authorities or companies collecting or commercial information or to transmit data to such authorities or companies, if the exchange or transmission is for the purpose of carrying out credit checks or to assert its claims. If an OGGO service is provided in collaboration with third parties, OGGO may transmit data concerning the customer to these third parties insofar as they are necessary for the provision of the services in question or for cashing transactions.

OGGO grants the customer the non-transferable and non-exclusive right to use the services and products during the term of the contract. The content and scope of this right are defined in the contractual documents. All intellectual property products existing or generated by the execution of the contract for OGGO services and products remain the property of OGGO.

OGGO can only be held liable in the event of gross negligence or intent. It is up to the buyer to establish proof of this. OGGO is liable for damages up to the value of the agreed services. OGGO is in no way liable for subsequent damages, missed gain and data loss. It is also not liable for damages resulting from the use of its services in violation of legal or contractual provisions, nor for damage caused by a software defect provided by a publisher. As part of certain services, OGGO establishes partnerships with market players. These partnerships are clearly mentioned in the product description. In this case, the partner is responsible instead of OGGO's. OGGO does not in any way engage its responsibility for the integrity of the customer's data during technical interventions.

OGGO's liability is excluded when the provision of its services is temporarily suspended, partially or totally limited or made impossible due to a case of force majeure. If OGGO is unable to fulfill its contractual obligations, the execution of the contract or the term of execution of the contract is postponed according to the event that occurred. OGGO does not respond for possible damage caused to the customer by the delay in the execution of the contract.

If the order is placed via the internet, the contract takes effect when the customer receives confirmation of the conclusion of the contract from OGGO, in writing or by email. If the sale is made by telephone, the contract takes effect when the customer and OGGO accept its content. In all cases, the contract comes into force when the customer benefits from the service.

If the customer terminates the contract before the expiry of the term, OGGO may demand the amounts due for the period that would normally remain to run. In the event of a serious violation of the contractual provisions by the customer or for other just reasons, OGGO may terminate the contract at any time without notice or compensation and require payment of the amounts due for the period that would normally remain to run.

Any change in individually agreed prices requires the agreement of both parties. As for services whose price has not been the subject of a specific individual agreement, the OGGO price lists apply. The amount of taxes and duties can be adjusted at any time to the new legal provisions in force. The customer has no right to cancel in this case.

OGGO communicates the other changes to the contract early enough to the customer so that he can cancel them within the time limit. Without cancellation by the customer within this period, the modification is considered accepted. OGGO can confirm the changes to the contract requested by the customer in an appropriate form. If the customer does not request any correction within the period set out in this communication, the changes concerned become an integral part of the contract. The date of modification of the contract is recorded by OGGO.

In these General Terms and Conditions, the definitions of the following terms apply: “General Conditions” refers to these terms and conditions. “Order” means an order placed by you in accordance with the provisions of these terms and conditions. “Contract” means the contractual set constituted by the preconditions. these general terms and conditions that result from the acceptance of an order by us. “Invoice” refers to the invoice that we issue to you for the purchase of the products, services ordered and performed.
“Products” refers to products offered by OGGO. “Services” refers to paid services or other services (excluding warranty) provided by OGGO.

The customer may only assign rights and obligations arising from the contract to third parties with the prior written consent of OGGO. This agreement cannot be refused to the customer without just reasons. OGGO may assign the contract without prior agreement.

The OGGO site (www.oggo.ch) uses Google Analytics, a website analysis service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are “text” files placed on your computer, to help the website analyze how users use the site. The data generated by the cookie about your use of the site (including your IP address) will be transmitted and stored by Google on servers located in the United States. Google will use this information to evaluate your use of the site, to compile reports on site activity for its publisher and to provide other services relating to site activity and Internet use. Google is likely to communicate this data to third parties in case of legal obligation or when these third parties process this data on behalf of Google, including in particular the publisher of this site. Google will not associate your IP address with any other data held by Google. You can deactivate the use of cookies by selecting the appropriate settings in your browser. By using the www.oggo.ch website, you expressly consent to the processing of your personal data by Google under the conditions and for the purposes described above.

By phone at the number,
+41 22 830 21 00 between 8.00 and 18.00 from Monday to Friday.
‍
By e-mail via,
hello@oggo.ch

By post to the following address,
Rue Jean-Gutenberg 3BIS, 1201 — Geneva | Switzerland

This contract is governed by Swiss law. The place is in Geneva.