Terms & Conditions.
General Terms and Conditions of The Low Mencius Advisory, hereby referred to as The Mencius Advisory.
1. General
1.1 The present General Terms and Conditions (GTC) contain the terms and conditions exclusively applicable between us, The Mencius Advisory, Schifflände 22, 8001 Zürich (hereinafter referred to as "Seller" or "we") and a consumer (hereinafter referred to as "Customer") for the purchase of the offered goods and services, unless they are modified by written agreements between the parties.
1.2 Amendments to these Terms and Conditions shall be notified to the Customer in writing, by letter or by e-mail. If the customer does not object to this change within four weeks after receipt of the notification, the changes are considered accepted by the customer.
2. Conclusion of contract
2.1 The presentation of the offered goods and services does not constitute a binding offer by the seller. Only the order of goods or services by the customer represents a binding offer. In case of acceptance of the purchase offer by the seller, the seller sends an order confirmation to the customer by e-mail.
2.2 After the submission of the offer and successful completion of the order, the customer receives a purchase confirmation by e-mail with the relevant data. The Customer shall ensure that the e-mail address entered by her or him is correct.
2.3 The conclusion of the contract takes place in English.
2.4 Contact with the customer by the seller is usually by e-mail, phone call or text message.
2.5 Regulations for advisory consultation sessions: 24 hours’ notice is required to reschedule or cancel an appointment. If not, the full charge will apply.
2.6 In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in time and place, to use the digital content provided for private and business purposes. A transfer of the contents to third parties, as well as a reproduction for third parties is not permitted, unless permission has been granted by the seller.
3. Terms of payment
3.1 Our purchase prices are in Swiss Francs (CHF) unless stated otherwise. Payment is due within 14 days of receiving an invoice from us. Invoices are sent after each session has taken place, unless stated otherwise.
3.2 The prices stated at the time of the order shall apply.
3.3 The customer can only set off against claims of the seller with undisputed or legally established counterclaims or counterclaims that are ready for decision.
4. Shipping conditions
4.1 Digital goods are made available to the customer in electronic form either as a download or by e-mail.
5. Warranty
Insofar as the delivered goods are defective, the customer is entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or terminate the contract, to reduce the purchase price, to demand damages or the reimbursement of futile expenses. Defects notified before purchase do not constitute a warranty case. The limitation period of warranty claims for the delivered goods is two years from receipt of the goods.
6. Limitation of liability
6.1 The Seller shall be liable for intent and gross negligence. Furthermore, the Seller shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the compliance with which a customer regularly relies on. In the latter case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
6.2 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the Seller shall not be liable for the constant and uninterrupted availability of the online trading system and the online offers.
7. Final provisions
7.1 Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
7.2 The place of jurisdiction for all disputes shall be the Seller's place of business.
7.3 Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The foregoing provision shall apply mutatis mutandis in the event of loopholes in the provisions.