Leftclick AG, referred to as LEFTCLICK, operates in the information and communication technology sector and offers its clients—hereinafter referred to as "customers"—a broad portfolio of products and services.
These GTC take precedence over any customer terms and conditions unless LEFTCLICK has explicitly agreed to them in writing.
The GTC apply to all deliveries and services provided by LEFTCLICK. They are shared with the customer before any contract is concluded via documentation, offers, order confirmations, delivery notes, or references to LEFTCLICK’s website (www.leftclick.ch/unternehmen/rechtliches/). The most recent version replaces all previous versions.
"Products" comprise all software, hardware, and services offered or distributed by LEFTCLICK.
"Third-party products" are goods and services sourced from external manufacturers or suppliers and resold or deployed by LEFTCLICK as part of its services, including software, hardware, and any other services not developed directly by LEFTCLICK.
If any provision of these GTC proves invalid or unenforceable, the remaining provisions remain unaffected. The invalid clause is interpreted or supplemented to best achieve the intended purpose.
Until a new version is acknowledged, these GTC apply to all future services between LEFTCLICK and the customer.
Intellectual works such as documents, quotations, and diagrams supplied by LEFTCLICK remain its property and must not be shared with third parties—especially competitors. Infringements entitle LEFTCLICK to claim a contractual penalty equal to 10% of the quoted amount. LEFTCLICK informs customers about available services and may, at its sole discretion, decline to offer services, even to individual customers, without providing reasons.
Orders may be submitted in writing (letter, fax) or digitally (email). A legally valid order requires a signed confirmation. Digital documents need a digital signature; paper documents must be signed originals or scanned copies bearing the signature.
Scope of supply and delivery details follow LEFTCLICK’s confirmed order acceptance and are subject to product availability at the manufacturer.
LEFTCLICK may implement technical modifications to products or services after contract conclusion as long as usability is not impaired. Only written offers issued by LEFTCLICK are binding and remain valid for 10 days unless stated otherwise.
Oral quotations issued by LEFTCLICK are non-binding.
Customer orders submitted without a prior LEFTCLICK offer count as binding purchase offers. If no price is stated, LEFTCLICK may define it, charging on a time-and-material basis.
Changes or cancellations requested by the customer require written agreement with LEFTCLICK. Costs incurred may be billed to the customer. For specific rules on altering or cancelling goods, additional warranties, or custom configurations, see Section 8 "Exchange and Return of Goods".
LEFTCLICK may execute partial deliveries.
All prices quoted by LEFTCLICK are net, exclusive of VAT, and stated in Swiss francs (CHF). Technical changes, price adjustments, and corrections of errors are reserved.
LEFTCLICK may charge any taxes, duties, or fees—especially VAT—on top of the stated price.
Flat-rate agreements cover all expenses incurred by LEFTCLICK. No deductions such as cash discounts are permitted.
Flat rates are based on the conditions known at contract signing. If significant, unforeseeable changes occur, LEFTCLICK may request an adjustment.
Changed conditions or insufficient customer cooperation can generate additional costs, which will be billed according to actual effort.
Price adjustments by third-party suppliers after contract signing—especially due to currency fluctuations—are passed on to the customer.
Unless explicitly agreed otherwise, travel expenses, packaging, transport, insurance, unpacking, and disposal are not included in the prices.
Payments are due within 10 days net from the invoice date. From day 11, LEFTCLICK may charge 5% default interest plus dunning, collection, legal, and court fees. LEFTCLICK may immediately suspend all services and/or withdraw from the contract.
In the event of default, LEFTCLICK may suspend further services until outstanding claims are settled. Customers bear all consequences arising from suspension and reactivation.
Ownership of products and licenses transfers to the customer only after full payment of the purchase price. LEFTCLICK may register the retention of title with the competent authority at the customer’s expense.
LEFTCLICK undertakes to deliver the services defined in contracts and orders.
Services not specified in the contractual documents are outside the agreed scope and are billed according to actual effort unless a flat rate was agreed.
Supporting documents (e.g., drawings, brochures) form part of the contract only if explicitly confirmed by LEFTCLICK.
Specific work performances are binding only when expressly designated as such in the contract or order.
LEFTCLICK guarantees professional and diligent execution of the agreed services in line with their description.
LEFTCLICK may engage external specialists or third parties (e.g., subcontractors) and is responsible for selecting and instructing them properly.
Only deadlines confirmed in writing by LEFTCLICK are binding.
Such deadlines extend appropriately if the customer makes subsequent changes, fails to provide necessary information, breaches official requirements, or if circumstances beyond LEFTCLICK’s control arise (strikes, delivery delays, force majeure).
If delays become apparent, LEFTCLICK informs the customer.
Except in cases of unlawful intent or gross negligence by LEFTCLICK or its agents, customers have no further claims for non-performance or delays. Liability of auxiliary persons is excluded where legally permissible.
Delivery times for any products—especially computers—can only be approximate because they depend on the manufacturer and may change at short notice. If LEFTCLICK is in default, the customer may withdraw from the contract after granting a reasonable grace period. Further claims are excluded. LEFTCLICK is not liable for positive or negative contractual interest or any additional damages.
The customer authorizes LEFTCLICK to arrange product transport on the customer’s behalf and account.
LEFTCLICK assumes no liability for the choice of carrier. Transport insurance is taken out only upon the customer’s explicit written request.
The customer acknowledges that intellectual property rights for third-party products do not belong to LEFTCLICK. Use of such products is subject to statutory provisions and any contractual conditions imposed by the rights holder. The customer must comply and indemnify LEFTCLICK against third-party claims arising from violations.
Under Swiss law there is generally no right of return or exchange. LEFTCLICK nevertheless grants a goodwill return option under specific conditions: products may be returned within 5 days of delivery if unused and in unopened, undamaged original packaging. Opening the packaging excludes return or exchange. LEFTCLICK charges a 20% handling fee plus return shipping costs. If the distributor refuses to accept the goods, the customer bears the full costs and material value. These rules protect efficiency and both parties’ interests.
Products that have been used are excluded from return. This includes any signs of use such as removed seals, opened packaging, broken seals, or having placed the product in operation. Customers should verify product conformity before use to preserve return rights.
Products configured to customer specifications—including but not limited to device commissioning, software installation, or unpacking—are non-returnable.
Extended warranties purchased as add-on services are excluded from exchange or return. These warranties provide additional protection tailored to the purchased goods and, once acquired, are invoiced in full without cancellation or refund.
Shipment of goods and devices is at the customer’s risk. Customers must inspect products immediately upon receipt or pickup and report defects in writing without delay. Failure to inspect or notify implies unconditional acceptance.
In case of legitimate defect claims, LEFTCLICK may, at its discretion, deliver defect-free replacements within a reasonable time against return of the goods, rescind the contract in exchange for refunding the purchase price, or compensate any reduction in value. Once opened or with broken seals, software cannot be returned or refunded. A restocking fee of 15% of the goods’ value, at least CHF 50, is charged for any return. For third-party components, the manufacturer’s warranty regarding scope and duration applies. Further claims—particularly consequential damages, data loss, installation/removal costs, or transport—are expressly excluded.
Unless otherwise agreed, the warranty period is 24 months from order or delivery date. Replacement or repaired products within this period receive the same warranty duration as the original product, with a minimum of one month from the replacement or repair date.
Warranty claims lapse after expiry of the warranty period, after customer or third-party interventions in hardware or software, in the event of external damage, misuse, or deviations from the operating conditions specified in the product documentation.
Warranty is void if the customer or persons commissioned by them make changes or repairs without LEFTCLICK’s consent.
LEFTCLICK assumes no warranty for products sold as pre-owned unless otherwise agreed in writing.
Defect remediation preferably occurs within maintenance contracts. If no maintenance agreement exists, customers bear the cost of removal, transport, reinstallation, and necessary adjustments. If significant functional defects remain after replacement or repair, the customer may withdraw from the contract after granting a reasonable grace period.
For all services (e.g., installation of hardware/software or multi-user solutions), LEFTCLICK is liable only for due care, not for specific outcomes, and solely for direct property or personal damage caused intentionally or by gross negligence. Further claims are excluded. LEFTCLICK does not compensate positive or negative contractual interest or any consequential damages such as lost profits or data loss. Customer claims for reduction or damages expire one year after the service ends and immediately if the customer or third parties make changes or manipulations without LEFTCLICK’s consent.
Any liability of LEFTCLICK beyond the explicit warranty for products or services is excluded, including but not limited to production downtime, data loss, or lost profit.
LEFTCLICK assumes no responsibility for the quality or warranty of products from external manufacturers or suppliers. Customers must assert warranty claims directly with those providers; LEFTCLICK may assist upon request and at the customer’s expense.
LEFTCLICK’s liability is limited to direct damages demonstrably caused by gross negligence or intentional acts of LEFTCLICK or its authorized third parties and is capped at the value of the affected delivery or service.
All additional liabilities—especially for indirect or consequential damages such as business interruptions or lost profit—are fully excluded.
LEFTCLICK is not liable for damages arising from the customer’s non-compliance with contractual obligations.
Customer changes to hardware or software that cause defects release LEFTCLICK from warranty obligations unless the customer proves the changes did not cause the defect.
LEFTCLICK assumes no liability for delays or service interruptions caused by force majeure such as natural disasters or unforeseen regulatory restrictions. Contractual performance is postponed accordingly without liability for resulting damages.
Hardware maintenance covers only components supplied by LEFTCLICK and consists of upkeep (preventive maintenance) pursuant to separate maintenance agreements or individual orders, as well as troubleshooting. Rectifying defects caused by improper handling, external influences, or non-LEFTCLICK equipment and replacing wear-and-tear materials are not maintenance services and are billed separately at current rates. Software maintenance (adjustments, new releases, further development) is defined in separate support agreements. Functional enhancements are not part of maintenance and are invoiced additionally.
LEFTCLICK provides complimentary technical support (by phone or at LEFTCLICK’s premises) for sold goods (hardware and software) in line with customary practice and relative to the purchase price.
Extended maintenance and support are available at the company site, via remote support (base fee: 15 minutes), or at the customer’s premises by arrangement at the applicable rates. Remote support services are additionally subject to the General Terms and Conditions for Remote Maintenance.
Monday to Friday, 08:00–17:00: standard rates (vary depending on responsibility and role).
Weekdays 17:00–08:00 and Saturdays: 25% surcharge.
Sundays and public holidays: 50% surcharge.
On-call duty: provided outside business hours and on holidays. The usual rates apply in addition to a base fee of CHF 200.00 (excl. VAT).
Travel time is always borne by the customer.
LEFTCLICK complies with data protection regulations and processes customer data carefully. Customers must treat all information received from LEFTCLICK—especially codes, login names, and passwords—as strictly confidential. For security reasons, all written documents and hard- & software must be protected from third-party access wherever appropriate.
Both parties comply with statutory regulations on intellectual property and data protection. The customer acknowledges LEFTCLICK’s proprietary rights and undertakes to respect them.
LEFTCLICK resells and administers third-party software licenses. Customers are responsible for complying with the separately provided license terms of the software vendor and confirm that they have read and understood them. LEFTCLICK is not liable for third-party claims resulting from non-compliance with those terms.
A license agreement is formed when LEFTCLICK confirms the customer’s order in writing or delivers the software license. Receipt of the software license constitutes acceptance of these GTC.
Unless otherwise agreed, licenses are valid for one year and renew automatically for another year unless cancelled in writing at least one month before expiry.
The customer may use the software on the agreed systems during the license term. Transferring the software to third parties is prohibited.
Software developed by LEFTCLICK for a customer may only be used by that customer. Any onward transfer to third parties—whether for payment or free of charge—is prohibited without LEFTCLICK’s explicit written authorization.
Customers must refrain from activities that negatively affect LEFTCLICK’s specialist staff or operational capacity. This especially includes, but is not limited to, attempts to hire or otherwise engage LEFTCLICK employees.
Customers undertake not to actively solicit LEFTCLICK employees. This includes direct offers and encouragement to apply elsewhere. Breaches trigger a contractual penalty.
In the event of a breach, the customer owes a contractual penalty equal to the employee’s annual salary, at least CHF 100,000. LEFTCLICK also reserves the right to claim further damages. Payment of the penalty does not release the customer from complying with the non-solicitation obligation.
In the event of disagreements or disputes related to these GTC, the parties first seek mediation through an independent arbitration body that operates in accordance with statutory regulations.
For all disputes arising from LEFTCLICK’s business operations, the place of jurisdiction is Arlesheim, Switzerland. Swiss law applies.