GTC eAmt GmbH
1. Scope of application
These General Terms and Conditions ("GTC") regulate the contractual relationship between EAMT GmbH, Brügglistrasse 7a, 8852 Altendorf ("eAmt"), and registered visitors ("Users") of the homepage and service platform eAmt ("eAmt.ch"). These GTC apply to any use of the service platform as well as to all services offered by eAmt in connection with the homepage, except where separately agreed.
eAmt offers the digitised procurement of forms, confirmations and documents. eAmt does not itself produce any of these documents, but enables the user to obtain them in digitised form and/or, where necessary, in the original version. eAmt acts on behalf of the user in an agency relationship.
2. Establishment / termination of the contractual relationship between eAmt and the user
The contractual relationship between eAmt and the user is established:
- by registering the user, i.e. creating a user account; or
- by placing a one-time order (variant without registration of the user).
The contractual relationship between eAmt and the user will expire automatically upon deletion of the user account or (in the case of the variant without registration) upon delivery of the documents ordered by the user. It can be terminated at any time with immediate effect and without giving reasons by deleting the user account and/or sending a corresponding email to info@eAmt.ch (confirmation of receipt required).
3. Services of eAmt
3.1 In general
eAmt is available to persons resident or domiciled in Switzerland.
eAmt is a service platform and does not itself create any of the documents ordered. eAmt is entitled to make changes to its platform at any time for any reason and without prior notice. In particular, eAmt may expand, change, interrupt, restrict or discontinue in whole or in part the scope of services, the functionalities, the design or the contents of the platform at its own discretion. The user has no claim to continuation or maintenance of the scope of services, the functionalities, the design or the contents of the platform. The user also has no claims in the event of temporary or complete functional failure of the platform.
eAmt will make every effort to execute orders as quickly as possible. The user has no claim to delivery of the documents within a certain period of time.
3.2 Further services
3.2.1 eAmt may provide the user with additional services that are subject to a charge and which are regulated in separate contracts. Unless such a separate contract contains specific rules, these GTC shall apply.
3.2.2 The user agrees that eAmt may send him/her a newsletter by email with further offers that may be of interest to him/her. The newsletter can be cancelled at any time using the link provided therein.
3.3 Right of withdrawal
Confirmed orders are legally binding. There is no right of withdrawal.
The debt collection office may reject the order for the reasons listed below;
- Incorrect personal details (first name and surname not identical as on the identity card)
- Weekly residence address given instead of domicile address (official address at which one is registered)
- Address given in the order where one is not yet officially registered
- Signature (which was given when ordering) differs to a large part from the signature on the identity document
- Invalid or expired identity document
The rejection with fees (appealable order incl. instructions on how to appeal from the debt collection office) costs up to CHF 26.30. The rejection fees will be charged in full to the customer plus a processing fee of CHF 6. eAmt reserves the right in such a case to regard the order as having been fulfilled for the rejection as well as the expenses incurred as a result.
3.5 Fees refunds
A flat handling fee of CHF 6.00 will be charged for refunds.
4. Legal ownership and right of usage
4.1 Legal ownership
All rights to the service platform and to the information contained or available therein, in particular rights to the software, equipment, trademarks, companies and to all materials related to the service platform, are exclusively owned by eAmt and/or eAmt's licensors. No rights in the service platform or in the information contained therein are transferred to users of or visitors of the service platform.
4.2 Right of usage
eAmt establishes a one-off contractual relationship with the user, i.e. the user gives eAmt the mandate and power of attorney to carry out a legal transaction for him/her on a one-off basis, e.g. to request an extract from the debt collection register or another official document on behalf of the user. Even when a user account is created, the order and the power of attorney are limited to requesting the specific documents ordered with each individual order.
eAmt is entitled to block or delete user accounts at any time, without prior notice and without stating reasons, in particular if there is suspicion that a user is using the service platform in violation of these GTC, unlawfully or immorally, or that his user account is being used without authorisation.
5. Further obligations of the user
The user is obliged to prevent unauthorised persons from accessing the access data to his user account.
The user is obliged to provide correct and complete information.
The user is obliged to report all violations of these GTC to eAmt without delay. In particular, the user is obliged to report to eAmt any unauthorised use of his user account.
The user is obliged to ensure at his own expense that he has the technical equipment required to use the service platform and he must use the latest technologies when using the service platform, in particular the latest version of the respective web browser. If older technologies or technologies not in general use are used, it is possible that the service platform cannot be used or can only be used to a limited extent. Furthermore, it is the responsibility of the user to take the necessary precautions to secure his own systems at his own expense.
In case of violations of the above regulations, eAmt is entitled to immediately block or delete the user account.
6. Exclusion of warranty, liability and indemnity
eAmt makes no assurances, guarantees or warranties in connection with the service platform and its use, in particular not for the availability, service quality, correctness, completeness and up-to-dateness of the service platform or the information contained or available therein. The use of the Service Platform is at the sole risk and responsibility of the User.
Since eAmt itself does not produce any of the ordered documents, eAmt assumes no liability for the accuracy, completeness and timeliness of the information contained in the ordered documents.
The liability of eAmt for all direct and indirect damage in connection with the use of the service platform is excluded in full. The exclusion of liability applies in particular to damage caused by unauthorised access to a user account, by unlawful or immoral conduct on the part of users or third parties, namely by loss or deletion of data. The exclusion of liability does not apply to damage caused by intent or gross negligence on the part of eAmt.
The user is obliged to fully indemnify eAmt in the event that eAmt is held liable by third parties for damages resulting from the user's actions in connection with the service platform. This obligation to indemnify exists irrespective of any fault on the part of the user.
eAmt accepts no liability for the late delivery of a debt collection register extract and will not reimburse any costs or any refunds in the event of late preparation, processing or dispatch if the debt collection office is responsible for the delay. As a rule, the delivery of a debt collection statement takes between 1 - 3 working days ( except for weekends and public holidays, as well as the respective opening hours of the debt collection office concerned). eAmt accepts no liability for reminder costs in the case of a debt collection office unusually sending the invoice to our user instead of eAmt. If, despite all due care by eAmt, the user receives an invoice for the preparation of an extract from the debt collection register from a debt collection office, we ask the user to send this invoice to email@example.com without delay.
7. Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).
8. Multiple orders
Confirmed orders are binding and cannot be refunded. In the case of multiple orders, it is at the user's discretion to find out which debt collection office is responsible for which residential address. We would like to point out that the eSchKG self-disclosure is a digitally signed PDF document and can be passed on an unlimited number of times.
9. Amendments to the GTC
eAmt is entitled to change these GTC at any time. The currently valid version of the GTC is available at www.eAmt.ch. Users shall be notified of any changes in an appropriate form. If the user does not agree to the changes, he must terminate the contractual relationship with eAmt within two weeks of notification of the changes and delete his user account. Otherwise, the changes shall be considered accepted.
10. Applicable law and place of jurisdiction
The ordinary courts at the registered office of eAmt shall have exclusive jurisdiction for all disputes in connection with the contractual relationship between eAmt and the user. This is without prejudice to actions brought by eAmt against the user before another court in cases of recourse and warranty. The contractual relationship between eAmt and the user shall be regulated by Swiss law.