General Terms and Conditions
The present General Terms and Conditions (GTC) regulate the relationship between the sales society (following “contracting partner”) and its customers as regards the conclusion of a service fee contract to activate the "petpointer" device.
The acquisition of the petpointer which is necessary prior to the conclusion of the service fee contract is not subject to the present GTC.
2. Contracting partner
The respective contracting partner is based on the following list of countries:
|Contracting partner||Registered country|
|Maploc (Schweiz) AG||Switzerland, Liechtenstein|
|Maploc (Central Europe) AG||EU countries, Norway, South Africa, Jersey, Guernsey|
|Maploc (USA & Canada) AG||USA, Canada, South America, Mexico|
3. Activating the product
By means of the service fee made available, the contracting partner makes it possible for the customer to activate the petpointer which is individually labelled with a serial number.
4. Duration and termination of the contract
Depending on the country, the service fee can be concluded for a fixed period of 1, 3, 6, 12 or 24 months. It will enter into force at time of receipt of payment and will automatically activate the petpointer.
A service fee with a term of less than one year will be extended automatically by a period of equal lenght. However, the customer has at any time the option to cancel this service fee in his personal account on petpointer.ch with the termination of the contract respecting a notice period of 24 hours days before the official end date of the contract.
A service fee with a term of more than one year is not automatically extended. The customer will be informed in his personal account about the option of extending his service fee prior to its expiry. If the customer does not extend the service fee, the contract terminates at the expiry date of the agreed fixed contract.
The customer also has the right to change the respective service fee period at the expiry of the contract.
If the service fee is extended, then the credit card submitted at the time of contract conclusion is automatically charged with the respective amount. If the submitted credit card has expired, the customer will be requested by e-mail to enter current credit card information.
Upon cancellation of the contract (service fee contract with a term of less than one year) or upon non-extension (service fee contract with term of more than a year), the device will be set to inactive as of the expiry of the contract, no questions asked.
Upon expiry of the contract respectively the non-extension of the service fee, the customer has the option of reactivating the service fee within 12 months unless the contracting partner has made use of its right of termination. If the option of reactivation is not exercised by the customer, the serial number will be cleared. The device can no longer be used after this definitive contract termination and the Login to the account is cancelled.
A premature contract termination by the customer prior to the expiry of the fixed contract term is excluded.
If reasonable indications of an illegal use of the device exist or if such use is reported to the contracting partner or a responsible authority, the contracting partner is entitled to urge the customer to conform with legal and contractual use or to cancel the service fee without notice and if applicable to claim damage compensation.
The contracting partner also has the right to cancel the contract without notice if the contracting partner gives up a business field, discontinues a section of the business or the primary use of the device by the customer does not correspond to the registered country.
5. Price, due date and payment
The price stated on the website at the time of ordering the service fee is ruling. Prices are subject to change.
The price valid for the service fee depends on the country of registration and is subject to local VAT and turnover tax.
The service fee price is to be paid prior to the start of the term of the service fee. The customer pays the service fee through the methods of payment listed on our webpage. Cash payments are not possible.
6. Devices / Warranty
Requirement for data transmission is a 2G network. In view of changes in mobile phone technology, individual providers in certain countries may in future restrict the 2G network or switch it off altogether. The contracting partner accepts no responsibility for the availability of the 2G network. The radio coverage depends on the mobile network and its technical and operational possibilities. If the contact with the GPS satellites is insufficient or no connection exists to the mobile network, tracking may temporarily not be possible. Furthermore, system-inherent deviations of the GPS can not be excluded. Blind spots are also possible in areas listed as covered and in particular in buildings.
The contracting partner cannot give any warranty for the products functioning free of interference or interruption or for the transmission of the position data on the end device (PC, mobile phone, laptop etc.). In particular, the contracting partner does not assume any responsibility for the proper functioning of the Internet access to the end devices of customers. The customer is responsible for his or her own hard- and software components.
The contracting partner assumes no warranty that the animal can effectively be located by means of petpointer.
Claims for damages incurred due to the impossibility of performance resulting from contract infringement, due to negligence upon contract conclusion and unauthorised action – to the extent no intentional or grossly negligent act has occured– are excluded against the contracting partner as well as against the performing or vicarious agents with respect to contractual or tortious liability of the contracting partner.
The liability of the contracting partner for indirect damages and consequential damages resulting from use due to failure or loss of productivity is excluded. In particular, the customer cannot invoke any claims for consequential damages in case of warranty.
The contracting partner assumes no liability for the animal effectively being located. Locating the animal is not possible in particular in the event of missing satellite or mobile network connections. The contracting partner rejects any liability in the event the animal is not located.
8. Recording and storage of data / data protection
The customer agrees that the petpointer data is collected so that the respective location and the movement route of the corresponding petpointer can be activated on the server. The collected data will be stored on the server of the contracting partner.
The processing of personal data occurs in compliance with the Federal Act on Data Protection (FADP, SR 235.1). The contracting partner collects, saves, manages and processes only data in connection with the provision of services, for the internal processing and care of the customer relationship and for billing. The customer also agrees that his data can be forwarded to third parties for purposes of collection.
If a service of the contracting partner is provided together with a third party, the contracting partner is entitled to forward data about the customer to this third party. Forwarding is restricted to data that is absolutely required to provide the service of the third party.
The transmission of credit card data and all personal data occurs by means of the internationally proven encrypted SSL technology. The customer waives any claims in this regard from rights of personality, telecommunications and data protection laws etc.
9. Area of use
The user is responsible for ensuring that use of the device complies with the applicable laws and statutes for the given place of use.
With the activation of the petpointer, the customer confirms that he is using it primarily in the registered country.
Furthermore, it is the responsibility of the customer to assure that the use of the product or the use of the service fee takes place within the stipulated area.
10. Final provisions, applicable law and place of jurisdiction
Should a provision in these GTC or a provision within the context of other agreements be or become ineffective, the effectiveness of all other provisions or agreements will not be affected.
The contract is subject to Swiss law. The place of jurisdiction is Hergiswil (NW). Imperative places of jurisdiction remain reserved (cf. in particular Art. 32 and 35 CivPC for consumers).
The ruling GTC is the one published at the time of the conclusion of the contract. Deviating agreements require the written form for validity.
The contracting partner reserves the right to change the present GTC at any time. The respectively binding version of the GTC at the time of the order can be viewed and printed out at www.petpointer.ch.
As at: March 2017