Terms and Conditions

 

1. General

TrafficXplode.com is an online-service of Kuonen Consulting. For information about the contact address please refer to the site notice.

Following terms and conditions apply to all offers, deliveries and benefits of Kuonen Consulting. These terms and conditions are accepted with the order of any article or service. Changes of these terms and conditions are only valid if we confirm them in written form. Kuonen Consulting reserves the right to change these terms of conditions at any time.

2. Offer and Conclusion of contract

The agreement between the customer and Kuonen Consulting becomes binding after a customer placed a purchase order and Kuonen Consulting has accepted this order. The purchase order is made by telephone, telefax, letter post or by email and internet / web shop. Kuonen Consulting accepts the purchase order by sending a order confirmation (by telephone, telefax, letter post or by email and internet / web shop) or when Kuonen Consulting delivers the products, or the services respectively. If Kuonen Consulting is unable to accept the customers purchase order he will be informed by email.

3. Delivery and payment

Kuonen Consulting only accepts payment methods which are offered during the purchase order. All prices are VAT included. The handling of payments is done by the payment service provider datatrans. For more information we refer to their terms and conditions.

4. Delivery times

The delivery of the products or services will be done immediately after receiving the customer's payment.

5. Cancellation policy

We explicitly draw attention to the fact that electronically delivered goods such as reports, e-books and software are excluded from the right of cancellation, and this is where we make an exception: Kuonen Consulting grants you a 30-day money back guarantee after receiving the first receipt of payment for a Trafficxplode membership. If goods are delivered that are not governed by this exception clause, buyers can cancel the online purchase within 14 days after receipt of the goods, provided that the data media are still sealed. Up to a value of 40 EUR the costs of return shipping is borne by the buyer, over this value by us, as seller. It is sufficient if the rescission is declared in writing by post within the time limit fixed, or if the goods are returned to us within the time limit fixed.

6. Privacy protection

Kuonen Consulting ensures that it will collect, process and utilize personal data within the standards of the Swiss Data Protection Act and the corresponding legal norm. The propagation of personal data to a third party business partner will be done only if it is required to fulfill the purchase order properly. For any information concerning the propagation of personal data with the third party business partner, please refer to their terms and conditions. The customer agrees to this use of his personal data . Additionally the customer has the right to view his stored personal data and to have it deleted. With the purchase order in our shop the customer agrees that he will be regularly informed about bargains with a newsletter email. The customer can unsubscribe to this newsletter by clicking the unsubscribe link at the bottom of the newsletter.

7. Security

All transactions which will be processed are secured with passwords, SSL-encryption and firewalls. Kuonen Consulting disclaims liability to any manipulation done through unauthorized individuals. Kuonen Consulting particularly refers to threat of viruses, malware and the potential risk of targeted hacking. For the purpose of protection against viruses and malware it is highly recommended to use an up-to-date web-browser and anti-virus software.

8. Limitation of liability

Damage claims based on impossibility of performance, positive violation of a contractual duty, liability arising at conclusion of the contract and illegal acts, as well as based on withdrawal from the contract against us and its vicarious agents and persons employed to perform an obligation shall be excluded unless acts involving intentional conduct or gross negligence are involved. Liability for consequential damage resulting form the application of the product is not admitted. Kuonen Consulting assumes no liability for any misuse of the products by third parties for illegal activities such as spam. The misuse of our products for illegal activities will result in the termination of the appropriate customer's account.

9. Intellectual property

Kuonen Consulting reserves all rights on: design, text, graphics, the programming of their website, their publications and any documentation. Be advised that the use of TrafficXplode is permitted for your own websites only. If you wish to use your TrafficXplode campaigns for your customers you will need a special retailer license. If this is the case, please contact us at support[AT]trafficxplode.com.

10. Severability clause

If some single terms of the contract, including these terms and conditions are fully or partially void, all the other regulations or parts of these regulations will still be applicable. Instead of the voided terms the current legal regulation become effective.

11. Legal domicile

The legal domicile is situated at the registered office of Kuonen Consulting. The law of Switzerland is applied exclusively.

These terms and conditions are valid starting June 1st, 2010


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