General Terms and Conditions
bungy4rent Ltd.

§ 1 General Area of Validity

The general Terms and Conditions that regulate the contractual relationship between bungy4rent Ltd. and natural and legal persons who make use of the bungy4rent internet offer (hereinafter known as renter or buyer). The General Terms and Conditions apply to the use of the Website of bungy4rent.ch for rent or purchase.

§ 2 Conclusion of the Contract

1. The internet offer from bungy4rent Ltd. represents a non-binding invitation to the renter/buyer to place orders with bungy4rent.
    
2. By placing an order of the desired rented or purchased article in the internet, the renter /buyer gives a binding offer for concluding a rental or purchase contract.

§ 3 Payment, Due Date, Payment Delay of Purchased Goods

1. Payment of the purchased goods can be done via advance payment, cash on delivery or credit card. Payment via cash on delivery is only possible within Switzerland. In individual cases we retain the right to accept or reject certain types of payment.
    
2. With advanced payment the customer commits to paying the price of purchase immediately after finalizing the contract. With advanced payment the customer commits to paying the price of purchase upon receiving the goods. With an invoiced payment the customer commits to paying the price of purchase within 30 days of receiving the goods. With payment via automatic debit transfer the debit charge must be within one week after finalizing the contract.
    
3. Should the customer have a payment delay, during this time all forms of negligence are his responsibility. He is liable for services even random unless the damage occurs when the payment is provided on time.
    
4. During the payment delay the rent or purchase price is subject to interest payment. The default interest for the year amounts to five percent above the base rate. With legal transactions, where a customer is not involved the interest is eight percent above the base rate.
    
5. Asserting additional claims is not excluded.

§ 4 Delivery

1. The delivery of purchased goods shall be carried out by sending the purchased goods to the address provided by the buyer. If payment in advance is agreed upon the delivery time will generally be 60-80 working days after receipt of the purchase price and clarification of all details. This information is binding unless otherwise agreed upon.
    
2. The delivery is subject to stated packaging and shipment fees. Deliveries outside the country are subject to the price of packaging and dispatch according to weight unless indicated otherwise. If the buyer wishes a special type of shipment in which higher costs are incurred, he has to bear these additional costs.
    
3. If the customer rents or purchases goods for his commercial or professional activity, the risk of incidental destruction and incidental deterioration of the purchased goods passes to the customer as soon as bungy4rent Ltd. transfers the shipment to a freight forwarder, freight carrier or any other third party appointed to handle the consignment.

§ 5 Reservation of property rights

Goods for purchase remain the property of bungy4rent Ltd. until full payment is made. Before ownership transfer of the goods is made, the customer cannot pawn, make security transfers, convert or alter the goods without explicit permission from bungy4rent Ltd.

§ 6 Prices

1. The indicated price for the rented or purchased object is understood as the final price including any applicable sales tax and other price components. The price includes only the delivery and shipping costs of the rented objects, for purchased goods the delivery prices are not listed.
    
2. With the update of the internet pages of bung4rent.ch, all earlier prices and other specifics about rented and purchased goods are no longer valid.
    
3. Relevant for invoicing is the price at the time the offer is made to the renter or buyer.

§ 7 Withdrawal

1. Bungy4rent Ltd. shall have the right to withdraw from the contract also in regard to an outstanding part of the delivery or service if false information about the creditworthiness of the buyer are made or objective reasons arise in regard to the buyer’s ability to pay for example the opening of insolvency proceedings of the buyers assets or rejection of such a procedure due to insufficient assets to cover costs. Prior to withdrawal the buyer will be granted the possibility to make an advance payment or to provide suitable security.
    
2. Irrespective of any claims for damages in the case of partial withdrawal the already provided partial payments are invoiced and paid according to the contract.
    

§ 8 Guarantee

1. Bungy4rent Ltd. guarantees that the object for rent or purchase is free of defects. Should the goods be defective when handed over, the renter/buyer has the right to subsequently choose to have the defects eliminated or to request the delivery of rented or purchased goods which are free of defects. If the subsequent performance fails, the renter/buyer has the right to request a price reduction or withdraw from the contract. Bungy4rent Ltd. retains the right to refuse the renter’s /buyer’s type of chosen subsequent performance if it is impossible or only possible with disproportionate costs. In this case the demands of the renter or buyer are limited to another type of subsequent performance; the right is also under the conditions of refusal as stated under clause 1 remains unchanged.
    
2. Is the rental or purchase a commercial transaction for both sides, the renter/buyer of the rented or purchased goods must inspect the delivery immediately after receipt insofar as this is feasible in the course of business. Should a defect appear the renter/buyer must notify bungy4rent Ltd. immediately. If the notification is neglected, the rented or bought object is considered as accepted, unless the defect was not recognizable through the inspection. Should such a defect appear later, a notification must be done immediately after discovery; otherwise the rented or purchased object is considered as accepted notwithstanding the defect. These regulations are not valid if the defects were maliciously concealed. To retain the rights of the buyer the timely dispatch of the report is sufficient.
    
3. Should bungy4rent Ltd. deliver rented or purchased goods that are free of defects to fulfill the subsequent performance, bungy4rent Ltd. can claim restitution of the defective rented or purchased goods.
    
4. Demands by way of purchase due to defects expire after 12 months. With the sale of used goods or when the purpose of the purchase can be attributed to commercial or freelance occupational activity, the demands due to defects expire after 3 months, if there is no other agreement made.
    
5. Damages brought about by improper or contrary to contract measures by the renter or buyer during the installation, connection, operation or storage do not constitute a claim against bungy4rent Ltd. The improperness or contrariness to contract is defined in particular by the manufacturer’s specifications of the delivered goods.

§ 9 Liability Limitation

1. For damages other than injuries to life, body and health bungy4rent Ltd. is liable only if the damages are based on deliberate or gross negligence or culpable violation of considerable contractual obligation by bungy4rent Ltd. or its vicarious agents. Essential to the contract is in the first place an obligation to the fulfilling of the proper execution of the contract and compliance therewith, that the renter/buyer may trust regularly. Any further liability for damages is excluded. Claims arising from the guarantee given by bungy4rent Ltd for the constitution of the rented or purchased goods and the Product Liability Act shall remain unaffected.
2. According to the current level of technology, data communication via the internet cannot be guaranteed without fault and be available at all times. We are therefore not liable for the availability of our internet platform at all times.

§ 10 Data Protection

All personal date necessary for executing the contract are stored on machine-readable forms and are dealt with confidentially. The necessary data for processing an order such as name and address will be handed to the companies who are contracted to undertake delivery of the purchased goods.

§ 11 Court of Jurisdiction

All disputes arising from this legal relationship are subject to Swiss law. The application of UN rent and purchase law is excluded. If the contract partners are businessmen, the court at the headquarters of bungy4rent Ltd. is responsible, unless a sole place of adjudication is justified for the dispute. The same place of jurisdiction applies, when the buyer has no general place of jurisdiction within the country.

§ 12 Salvatorian Clause

If one of the provisions of the AGB is or becomes invalid or impracticable, the rest of the AGB remains inviolable.