GTC – General terms and conditions of HOGALOG AG

1. Terms of use

Please read these terms and conditions carefully before using the B2B platforms of HOGALOG AG. By using the B2B platforms or any other service of HOGALOG AG in any way, you declare your agreement with the following terms and conditions. In case of doubt and in the event of any contradictions in the different language versions of these GTCs, the German version shall take precedence.

As used in these General Terms and Conditions, the terms “we” shall mean,
“us” and “HOGALOG” means HOGALOG AG, Archstrasse 7, 8400 Winterthur, Switzerland as the contracting party.

B2B platform(s)” means the HOGASHOP at www.hogashop.ch (“HOGASHOP“) in all versions as well as all independent installations with the branding of partner companies, whereby the term B2B platforms includes all other services of HOGALOG that are related to the B2B platforms.

2. Scope of application and amendments

The following General Terms and Conditions apply to the use of the B2B platforms of HOGALOG and the business relationships between HOGALOG and its customers. (“GTC“) in the version currently available and valid when calling up the B2B platform or placing an order. The data protection regulations are published in the currently valid version on the HOGALOG website.

The term “Customer” – also referred to in these GTC as “you“, “your“, “User” or “Users” – refers to any natural or legal person who maintains a business relationship with HOGALOG. This includes both suppliers and customers on the B2B platforms of HOGALOG. The GTC may be amended from time to time. HOGALOG therefore recommends that each time you visit the B2B Platforms, each time you make an offer via the B2B Platforms and each time you place an order via the B2B Platforms, you should carefully read the current GTC posted on the B2B Platforms at that time.

Accordingly, you acknowledge and agree that HOGALOG may amend these GTC at any time by posting the amended and restated GTC on HOGALOG’s website (in particular www.hogalog.ch including all sub-domains; “Website”) and the B2B platforms available at https://hogalog.ch/de/agb and that such amendments to the GTC shall be effective from the date of posting.

If you continue to use the B2B Platforms after publication of the amended GTC on the HOGALOG website, you are deemed to have agreed to and accepted the amended GTC. By using the B2B Platforms, making offers via the B2B Platforms or placing an order, you confirm that you fully accept these GTC. If you do not agree to changes to the GTC, you may no longer use the B2B platforms and the website.

Unless otherwise specified, these GTC replace all previous oral or written agreements, negotiations, correspondence, obligations and communications between the parties and conclusively govern the relationship entered into between the parties (between HOGALOG and the Supplier and between HOGALOG and the Customer). However, the separate agreements between HOGALOG and the Suppliers remain reserved and apply in addition to these GTC, provided that this is stated accordingly in the separate agreements. In the event of contradictions or ambiguities, the separate agreements between HOGALOG and the Suppliers only take precedence over these GTC if this is stated in the separate agreements.

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Invalid or unenforceable provisions shall be replaced by valid provisions that come closest to their economic purpose. The same procedure is to be followed if a gap in the contract arises or a provision proves to be unenforceable.
These GTC apply to the use of the B2B platforms based on the HOGASHOP, in all versions including stand-alone installations with the branding of partner companies.

If you do not agree to the GTC or the changes described above, you must stop using the B2B platforms and the website.

3. The role of HOGALOG

HOGALOG itself is not a supplier of products on the B2B platforms, but only provides a platform for the processing of orders and other data exchange between customers and suppliers independent of HOGALOG. In view of its brokerage activities, HOGALOG is not a contractual partner in the orders processed and products offered and sold via the B2B Platforms; a contractual relationship arises in this respect only between the Supplier and the Customer.

4. Electronic communication


 

By using a HOGALOG B2B platform or sending emails, text messages or other communications to us from your computer or mobile device, you agree that we may also communicate with you electronically. We will communicate with you electronically in various ways, e.g. via email, text messages, in-app push messages or by publishing electronic messages or other communications on our website. For contractual purposes, you agree that all consents, notifications, publications and other communications that we communicate to you electronically do not require written form, unless mandatory legal provisions require a different form of communication.

5. Copyright and data rights
 

All content contained in or made available through the B2B platforms, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of HOGALOG or third parties who supply content such as product data or make it available on the website and is protected accordingly. This entire content may not be used by you without the written consent of HOGALOG.
This does not apply to product images, product data, product names and company logos that are not the property of HOGALOG or third parties and appear on the B2B platforms. These remain the property of the respective owners.

You may not systematically extract and/or reuse parts of the B2B Platforms without our express written consent. In particular, you may not use data mining, robots or similar data collection and extraction programs to extract any substantial parts of the B2B Platforms for reuse (whether once or repeatedly) without the express written consent of HOGALOG.

6. Brand and trademark rights
 

HOGALOG’s graphics, logos, headers, button icons, scripts and service names contained in or provided through the B2B Platforms or the Website include trademarks, distinctive signs and copyrights of HOGALOG. HOGALOG’s trademarks, signs and copyrights may only be used within the scope of the contractual relationship with HOGALOG in accordance with these GTC. All other brands and trademarks that are not owned by HOGALOG and appear on the B2B platforms remain the property of their respective owners and may not be used.

7. License and access 

HOGALOG or other content providers reserve all intellectual property rights and resulting claims (in particular from copyright, trademark, design and patent law as well as know-how) that are not expressly granted to you in these GTC. The B2B Platforms or any parts thereof may not be reproduced, duplicated, copied, sold, resold or otherwise used for commercial or non-commercial purposes without our express written consent.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (such as images, text, page layout, or form) of HOGALOG or the B2B Platforms without our express written consent. You may not use meta tags or other “hidden text” using HOGALOG’s name or trademarks without our express written consent.

You may not misuse the B2B platforms. You may only use the B2B platforms to the extent permitted by law and contract (in particular in accordance with these GTC). The rights granted by HOGALOG to use the B2B platforms expire if you do not comply with these GTC. In the event of misuse of the B2B platforms, HOGALOG reserves the right to terminate the contract or the license to use and access the B2B platform without notice.

8. Your account
 

You may need an account for one of the B2B platforms in order to use certain services, or you may need to be logged into your account.

The customer is responsible for ensuring that the details of his users are always up to date and that only persons authorized by him have access to the account, or that access is revoked for persons no longer authorized by the customer.

The following must also be observed:

1.If you use any of the B2B Platforms, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and to the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all steps necessary to ensure that your password is kept confidential and secure and you should notify us immediately if you have reason to believe that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner.

2. You are responsible for ensuring that the information you provide to us is accurate and complete and for informing us of any changes to the information you provide.

3. You acknowledge that HOGALOG will use the e-mail address provided by you when opening the account or updated at a later date as the primary method of communication.

4. You are responsible for keeping your password safe. HOGALOG is not liable for any loss or damage caused by failure to ensure the security of your account and password.

5. You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, code, information or data uploaded, captured, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your account (“Materials“) and you agree not to use any unlawful, unlawful or unethical Materials.

You may not use the B2B Platforms:

(i) in a manner that is likely to disrupt, damage or otherwise interfere with the B2B Platforms or access thereto, or

(ii) for fraudulent purposes or in connection with a criminal offense or unlawful activity, or

(iii) to cause annoyance, inconvenience or fear.

We reserve the right to withhold modules or services with or without connection to the B2B platforms or to close accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our GTC, in which case HOGALOG is also entitled to terminate the contractual relationship with you immediately at its sole discretion.

HOGALOG may, at its own discretion and without giving reasons, reject your application for an account or block and/or delete an existing account.

9. Ordering process of the customers with the suppliers 

a. Information in and availability of the B2B platforms
The B2B Platforms contain information about goods and services (the latter relating to project, consulting, software development and support activities) from providers independent of HOGALOG (“Products”). The providers reserve the right to make changes to prices and product ranges as well as technical changes.
All information on the B2B platforms (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood as approximate values only and, in particular, do not constitute an assurance of properties or guarantees, unless explicitly stated otherwise. HOGALOG and the suppliers endeavor to provide all data and information on the B2B platforms correctly, completely, up-to- date and clearly, but HOGALOG and the suppliers can neither expressly nor implicitly guarantee this. Likewise, HOGALOG cannot guarantee that the B2B Platforms will be available at all times.
Any claims against HOGALOG arising from the unavailability of the B2B Platforms are excluded to the extent set out in clause 13 below.

All offers on the B2B platforms are subject to change and are not to be understood as binding offers from the providers.

HOGALOG and the suppliers cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is subject to change at any time and without notice.

The providers on the B2B platforms are obliged to keep the data they provide up to date to the best of their ability. The data is transmitted automatically; the provider is responsible for checking it after each transmission. HOGALOG can provide suitable means (e-mail, logs, online administration) for this purpose.

b. Prices
The price information on the B2B platforms is the sole responsibility of the suppliers. The exact structure of VAT, any advance recycling fees (VRG) and copyright levies for electronic devices are part of the contract between the supplier and buyer. Any shipping costs are agreed between the supplier and the customer and are not necessarily shown in the order process. HOGALOG is not obliged to check these prices of the suppliers or to ensure price transparency on the B2B platform and assumes no responsibility for this.

The provider reserves the right to make technical changes, errors and misprints; in particular, the provider may make price changes at any time and without prior notice.

c. Conclusion of contract
By logging into the B2B platforms, offering products as a supplier or ordering products as a buyer, using the B2B platforms in any other way or using the website, users of the B2B platform or the website accept these GTC.

The offers on the B2B platforms represent a non-binding invitation from the suppliers to the buyers to order goods and/or services. By ordering products, the customer accepts a legally binding offer to conclude a contract. The orders placed are binding for the customer. The contract is concluded as soon as the supplier sends a declaration of acceptance by e-mail or other means of communication confirming the dispatch of the ordered goods or services.

All other details of product delivery, for example the right of withdrawal, warranty (see below), terms of payment (see below), delivery periods, obligation to inspect, notification of defects (see below) or returns are governed by bilateral contracts between the suppliers and buyers.

d. Payment options
Suppliers are free to define certain payment methods for customers or to insist on payment in advance. Interest on arrears and reminder fees are not excluded in the event of delays in payment by the customer. The goods delivered to the customer remain the property of the supplier until full payment has been made.

HOGALOG’s consulting and support services are not included in the suppliers’ sales prices.

e. Warranty
Suppliers are obliged to endeavor to deliver products of impeccable quality. The specific regulations on the warranty of deliveries or services of the supplier can be found in the bilateral contracts between supplier and customer.

Claims against HOGALOG are excluded.

10. Operation of the B2B-Plattformen

HOGALOG designs the B2B platforms (software, hardware, infrastructure) for uninterrupted 24/7/365 operation. The application is operated on a fully redundant software and hardware architecture, so that failures of individual components do not affect the availability of the system over a longer period of time.

Daily external backups enable data to be restored even in the event of operating errors.

HOGALOG continues to develop the B2B platform software, both the online solution and the applications for mobile ordering devices. As part of further development, individual functions may also be modified, removed and/or replaced by other functions. HOGALOG informs affected customers about such changes in good time, is however, is not obliged to obtain authorization or to wait for confirmation of receipt.

We always endeavor to ensure that the B2B platforms are available without interruptions and that transmissions are error-free. However, this cannot be guaranteed. Your access to the B2B Platforms may also be interrupted or restricted from time to time, for example to allow for repairs, maintenance or the introduction of new facilities or services. We will try to limit the frequency and duration of any such temporary interruption or restriction.

HOGALOG cannot guarantee a recovery time, among other things because the processing depends on the complexity of the request and on influences of third parties over which HOGALOG has no influence.

Maintenance work is carried out at times when visitor numbers are low (usually between 4:00 and 6:00 a.m. Swiss time). Occasionally, however, work may also be carried out at other times, particularly to rectify faults.

HOGALOG chooses companies that offer equivalent or better availability as partners for hosting and developing the B2B platforms. Nevertheless, HOGALOG cannot influence the provision of services by these external providers. Likewise, human error in the development and support of the platforms cannot be completely ruled out.

Customers – both suppliers and buyers – are themselves responsible for keeping an emergency scenario ready on their side in the event of possible disruptions on the part of HOGALOG or third party suppliers (see above). This can be, for example, an order acceptance by e-mail or telephone. HOGALOG offers suitable concepts and order lists as PDF files for such scenarios on request.

All liability on the part of HOGALOG for errors, non-availability or limited availability of the B2B Platforms is expressly excluded to the extent permitted by law.

11.   Use of ordering devices and device management

HOGALOG can provide mobile ordering devices in consultation with customers and suppliers. Users of the equipment are obliged to handle the equipment with care. Damage may be charged by HOGALOG. Depending on the specific case, HOGALOG is either the seller or the lender of the mobile ordering devices. The provisions of the Swiss Code of Obligations on the contract of sale and/or loan apply in addition to these GTC. Unless it is expressly stated that the contract is a purchase contract, ownership of the mobile ordering devices remains with HOGALOG.

On all mobile ordering devices, HOGALOG only provides a warranty to the extent and in the scope granted to HOGALOG by the product manufacturer and/or supplier and insofar as HOGALOG is the seller of the corresponding devices. Defective devices are checked by HOGALOG for the manufacturer’s warranty claim. If this is not the case, the repair costs will be charged to the user.

HOGALOG carries out the maintenance of the mobile ordering devices sold or rented using remote software. The manufacturers usually reserve the right not to support the hardware indefinitely (e.g. no further updates of the iOS operating system). In such cases, HOGALOG can no longer provide maintenance.

The HOGALOG customer determines which apps may and may not be installed. HOGALOG blocks the apps explicitly excluded by the customer and is guided by the options offered by the management program (currently “JAMF”) or others. Blocks requested by the customer that go beyond this cannot be implemented. Even if HOGALOG takes over the maintenance of the mobile ordering devices sold or loaned, the user/customer is responsible for the use of these devices, i.e. in particular for Internet and data use and the corresponding costs of the operator (e.g. mobile phone provider), for any damage resulting from data loss or for liability for physical injury, etc., regardless of whether and how HOGALOG has implemented the above-mentioned blocking and regardless of whether and how it has worked.

The customer is also responsible for the WLAN connection and/or the mobile Internet connection (including all resulting costs) at the usage location and/or on the device.

It is the User’s responsibility to ensure that HOGALOG can carry out the agreed updates and checks. If an update carried out by HOGALOG on the ordering device is postponed to a later date or not accepted, possible subsequent errors caused by updates to the platform, third-party software or other HOGALOG services are the responsibility of the User.

All liability of HOGALOG for the defectiveness (of hardware or software) of mobile ordering devices is expressly excluded to the extent permitted by law. The User/Customer shall fully indemnify HOGALOG for any non-contractual, unlawful, immoral or improper use of mobile ordering devices sold or loaned.

Details regarding the manufacturer’s warranty and the device characteristics are governed by the applicable General Terms and Conditions of Apple Inc., Cupertino (CA), USA for the Apple hardware and of Bison Schweiz AG, Sursee, Switzerland for the scanners.

12.   Obligation of confidentiality
 
 

“Confidential Information” includes all information related to a party’s business that is not publicly known, including specific business information, technical processes and formulas, software, customer lists, lists of potential customers, names, addresses and other information about customers and potential customers, product designs, sales, costs (including any relevant processing fees), price lists and other unpublished financial information, business plans and marketing data, and other confidential and proprietary information, whether marked confidential or proprietary. Confidential information includes all information you receive in connection with us, the products and the use of the B2B Platform that is not known to the general public, including information about our suppliers and customers.
The customer undertakes to use the other party’s confidential information only in such a way as is necessary to fulfill its obligations under these GTC and in compliance with any other obligations in these GTC, including this Section 12. The Customer agrees to take all reasonable steps that are at least substantially equivalent to the steps taken to protect its own proprietary information in order to prevent the duplication, disclosure or use of such confidential information.

Disclosure is permitted to our employees, agents and subcontractors to the extent they need to have access to such Confidential Information in order to fulfill their obligations under these Terms, they treat such Confidential Information as described herein and they are subject to confidentiality obligations at least as stringent as those contained herein; or to the extent disclosure is required by applicable law, regulation or order of a court or governmental agency, provided that, to the extent permitted by law, prompt written notice is given to the disclosing party and commercially reasonable efforts are made to ensure that such disclosure is kept confidential.
The term Confidential Information does not include information which, according to the evidence of the party concerned, is

(A) was already publicly known or already known to or in the possession of the party concerned at the time of disclosure of such information;
(B) was independently discovered by the party concerned without using or referring to the other party’s Confidential Information and without breaching any provision of these GTC; or
(C) thereafter lawfully obtained from a source other than the disclosing party without violating any provision of these GTC.

13. Limitation of liability
  
 

HOGALOG excludes, to the extent permitted by law, any liability, regardless of its legal basis, as well as claims for damages in connection with the use of the B2B platforms and/or the website and/or any auxiliary persons and/or vicarious agents.

You expressly acknowledge and agree that HOGALOG is not liable to the extent permitted by law, in particular for direct, indirect, direct, consequential or consequential damages resulting from loss of profit, goodwill, impossibility of use, loss of data, other personal injury, property damage and pure financial loss of the user or other material or immaterial damage resulting from the use or inability to use the B2B platform or the website.

Further mandatory statutory liability remains reserved, in particular for gross negligence or unlawful intent or personal injury.

HOGALOG only uses hyperlinks to simplify the Customer’s access to other websites. HOGALOG cannot know the content of these websites in detail, nor can it assume liability or other responsibility for the content of these websites. This also applies to documents linked by providers.

HOGALOG is not a contracting party with regard to the sale or offering of products, but merely an intermediary via the B2B platforms. The corresponding contract is concluded exclusively between the suppliers and the buyers. HOGALOG assumes Accordingly, we accept no responsibility or liability whatsoever in connection with the products or the transfer of ownership thereof.

The following restrictions also apply:

1. You use the B2B Platforms at your own risk. The B2B Platforms Service is provided “as is” and “as available” without any express, implied or statutory warranty or guarantee on the part of HOGALOG.

2. You expressly acknowledge and agree that HOGALOG is under no obligation to implement any requests or requests for changes or individual customization requests regarding the B2B platforms.

3. Customers expressly acknowledge and agree that there is no entitlement to “goodwill” or consideration from HOGALOG for the sales volume generated by the customer on the B2B platforms.

4. HOGALOG does not guarantee that the B2B platforms and/or the website will function without interruption, promptly, securely or error-free. The highest possible availability of 99 percent (based on a 7x24x365 operation) is aimed for but not assured or guaranteed.

5. HOGALOG does not promise that the results that can be achieved by using the B2B platforms are correct or reliable.

6. HOGALOG does not promise that wishes or requests for changes or individual customization requests relating to the software of the B2B platforms will be implemented (e.g. new modules/services, without additional remuneration).

7. HOGALOG does not promise that the quality of products, information or other materials purchased or acquired by suppliers or customers via the B2B Platforms will meet their expectations, be in accordance with the contract or free from defects, or that errors in the B2B Platforms will be corrected.

8. HOGALOG assumes no liability for changes, blocking or settings of the B2B platforms.

In addition to HOGALOG AG, this exclusion of liability also exempts all possible subsidiaries and branch companies of HOGALOG AG as well as their partners, directors, organs, employees and representatives.

14. Costs of the B2B platform  
 

The use of the B2B platforms to enter orders is free of charge for customers. Additional services can be charged and invoiced individually by HOGALOG.

The use of the B2B platforms as a supplier is subject to a fee. The ongoing operation, further development and support of suppliers and customers are financed by these fees. The fees are determined individually and are defined in more detail in a separate agreement between HOGALOG and the provider.

HOGALOG invoices the fee-based services and fee-based use of the B2B platforms to the providers in accordance with the separate agreement mentioned. Invoices must be paid by the 30th day after invoicing.

HOGALOG reserves the right to charge suppliers a reminder fee of CHF 20 from the first reminder.

15. Data protection
  

HOGALOG and the Suppliers on the B2B Platforms may process and use the data of the Buyers collected in the context of the orders to fulfill the obligations arising from the purchase contract between the Suppliers and the Buyers and for marketing purposes. The Customer warrants that, where legally required, it has obtained the relevant consent from data subjects and has transparently disclosed the processing of personal data to the data subjects in accordance with these GTC. The data required to fulfill the service may also be passed on to contracted service partners (logistics partners, cloud providers, software providers) or other third parties.

For further details, please refer to the HOGALOG privacy policy.

16. No waiver
   

If you breach these Terms and Conditions and we do nothing about it, we will continue to be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions.

17. Further rights of HOGALOG
    

1. We reserve the right to refuse a customer the use of the B2B platforms at any time for any reason.

2. We may, but are not obligated to, remove materials and suspend or terminate accounts if we determine, in our sole discretion, that the goods or services offered by a Vendor or the materials uploaded or posted in an Assortment violate our Terms of Use or these TOS.

3. Verbal or written abuse of any kind (including threats of abuse or retaliation) by customers, employees, members or executives will result in immediate termination of the account and, at HOGALOG’s sole discretion, immediate termination of the contractual relationship with HOGALOG.

4. Materials are not pre-screened by HOGALOG and it is at our sole discretion to refuse or remove any Materials from the B2B Platforms, including the Uploaded Assortment.

5. We reserve the right to make the B2B Platforms available to your competitors and do not make any promise of exclusivity in any particular market segment or commit to any non-compete obligation. In the event of a dispute regarding account eligibility, we reserve the right to request documentation to establish or confirm account eligibility. Such documentation includes, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of a business, etc.

6. HOGALOG reserves the right to determine the rightful account authorization at its own discretion and to transfer an account to the rightful account holder. If we are unable to determine the rightful account holder, regardless of our other legal options, HOGALOG reserves the right to do so, temporarily deactivate an account until the parties to the dispute have reached a solution.

18. Additional license and terms of use for the B2B-Platforms   

a. Use of the software
You may only use the B2B Platforms to the extent permitted by these Terms. You may not incorporate parts of the B2B Platforms into your own computer programs or compile them in connection with your own computer programs, transfer them for use with another service relationship or sell, rent, lend, distribute or sublicense or otherwise transfer any rights to the B2B Platforms or parts thereof. You may not use the B2B Platforms or the ordering devices provided by HOGALOG for illegal purposes or for purposes not provided for in these GTC. The right to use the B2B Platforms ends automatically without the need for termination if these GTC are not complied with. Additional third party software terms of use included in or distributed with certain HOGALOG services and referred to in the associated documentation may additionally apply to the B2B Platforms and shall prevail over the use of such software/hardware in the event of any conflict with these GTC. Any software used by you is the property of HOGALOG or its licensors and is protected by Swiss and international copyright law and other regulations.

b. Use of third party services
If you use the B2B Platforms or related services, you may also use services provided by one or more third parties, such as a network provider or mobile service provider. Your use of such third party services may be subject to separate terms, conditions and fee obligations of such third party providers. The Customer acknowledges and agrees that these fees are additional and are owed directly to the relevant third party providers and that HOGALOG assumes no liability whatsoever for such third party services.

c. No reverse engineering
You may not, and may not encourage, assist or authorize others to, copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with HOGALOG Software, the B2B Platforms or any part thereof, or create derivative works thereof.

d. Updates
In order to keep the B2B platforms up to date, we may carry out automatic or manual updates at any time and without prior notice.

e. Functions within the platform
Suppliers, customers or third parties who use HOGASHOP have no right to individual adjustments in the menu navigation or to show or hide functions.

f. «add suppliers»
Customers can request further suppliers on the HOGASHOP platform to set up a connection. This is done via the HOGASHOP function “Add suppliers”.
The customer can ask his suppliers about activation and they decide on this individually. The supplier cannot restrict its visibility in the HOGASHOP vis-à-vis the buyers and the possibility of the buyers making contact via the HOGASHOP. Nor can the provider prevent or restrict the customer from searching for, finding and contacting other providers via HOGASHOP.

As a supplier on HOGASHOP, you undertake to respond to inquiries from customers promptly within 2 working days. You also undertake to specify your delivery area, which is to be covered by HOGASHOP, accordingly.

In the event of a refusal of inquiries on the part of customers or the refusal to be visible in HOGASHOP as a provider, there is a risk of exclusion from the platform within the notice period specified in the contract, but within a maximum of six months.

19. Third-party services within and outside the B2B-platforms (Appstore and use of the public API)

1. HOGALOG may from time to time recommend, provide you with access to or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services“) for you to consider or use, including through the HOGALOG AppStore. If you purchase, access or use these Third Party Services, this is exclusively between you and the respective Third Party Provider (“Third Party Provider“). HOGALOG does not become a contracting party with regard to the Third Party Services. In addition to these GTC, you also agree to be bound by the additional service-specific terms and conditions that apply to the services you have purchased from or provided by Third Party Providers.

2. Any use of Third Party Services offered through various channels is solely at your own risk and discretion, and it is your responsibility to read the terms and/or privacy statements applicable to such Third Party Services before using the Third Party Services. In some cases, HOGALOG may receive a revenue share from Third Party Providers that HOGALOG recommends to you or that you otherwise engage through your use.

3. We make no warranties or assurances with respect to third party services. You acknowledge that HOGALOG has no control over Third Party Services and is not responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on HOGALOG Websites, including the HOGALOG AppStore or on the B2B Platforms or the integration or activation of these Third Party Services with the B2B Platforms does not constitute a recommendation or authorization and HOGALOG is financially and organizationally independent of such Third Party Service providers and does not form a simple partnership, joint venture or similar economic cooperation with them. HOGALOG does not guarantee the availability of third-party services and you acknowledge that HOGALOG AG may at any time at its own discretion and without notice to you deactivate access to third-party services. HOGALOG is not responsible or liable to anyone for discontinuing or blocking access to or deactivating Third Party Services. HOGALOG strongly recommends that you seek advice from specialists before using or accessing Third Party Services to ensure that your requirements are met.

4. If you install or enable a third party service for use with the B2B Platforms, you grant us permission to allow the relevant third party provider to access your data and other materials and to take other actions necessary for the compatibility of the third party services with the B2B Platforms, and any exchange of data or other interaction between you and the third party provider is solely between you and that third party provider. HOGALOG is not responsible for any disclosure, modification or deletion of your data or other materials or for any loss or damage you may suffer as a result of a third party service or third party provider accessing your data or other materials.

5. The contractual relationship regarding the third-party service is exclusively between you and this third-party provider, and HOGALOG is not a party to the contract and is not obliged to intervene in disputes between you and a third-party provider.

6. Under no circumstances shall HOGALOG be liable for any direct, indirect, incidental, consequential, lost profit or other damages arising out of third party services or your contractual relationship with a third party provider. These limitations apply even if HOGALOG has been advised of the possibility of such damages. The above limitations apply to the maximum extent permitted by law.

7. You agree to indemnify and hold us and (to the extent applicable) our parent company, subsidiaries, affiliates, HOGALOG partners, officers, directors, agents, employees and suppliers harmless from any claim or demand (including reasonable attorneys’ fees) arising out of your use of any Third Party Service or your relationship with any Third Party Provider.

20. Further provisions

In the event of disputes, Swiss substantive law shall apply exclusively to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is WINTERTHUR, Switzerland, unless the law provides for mandatory places of jurisdiction.

21. Contact

If you have any questions regarding these GTC, please contact us:

HOGALOG AG
Archstrasse 7
8400 Winterthur
Switzerland

Phone: +41 43 500 40 65
E-Mail: [email protected]

HOGALOG AG, succursale de Suisse Romande
Avenue Gratta-Paille 2
1018 Lausanne
Switzerland

Phone: +41 21 968 19 39
E-Mail: [email protected]

Data protection regulations of HOGALOG ag

The current data protection regulations of HOGALOG AG can be found under the following link: Data protection regulations