General terms and conditions – B2C
February 10, 2022 version
1. General
1.1 Definitions and purpose The purpose of these Terms and Conditions is to define the terms and conditions under which Gentianes Group offers and sells/leases its products to its customers. These General Terms and Conditions shall prevail over any other conditions appearing in any other document, unless expressly waived in advance in writing. These General Terms and Conditions contain important provisions concerning the warranty and services offered by Gentianes Group. Please read these conditions carefully. A remote alarm is a network-connected device that enables you to call for help from a distance.
1.2 Scope of application These terms and conditions apply to direct end customers of Gentianes Group Sàrl. Intermediary customers such as wholesalers, resellers, middlemen, health or care establishments who offer the service to their own customers, are subject to the rules set out in the “B2B” general terms and conditions.
2. Product
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products sold/leased are not contractual. As a result, Gentianes Group cannot be held responsible for any errors or omissions in any of the presentations, or for any changes in product characteristics by suppliers. Product documentation is written and supplied by the manufacturers. Gentianes Group cannot be held responsible for any errors. The products offered comply with current Swiss legislation and the standards applicable in Switzerland. Products are defined in the contract.
3. Purpose of the contract
These conditions apply to the services provided by Gentianes Group Sàrl to the Customer. The service offer is specified on the Service Contract delivered to the Customer. These General Terms and Conditions govern, on the one hand, the supply, installation and maintenance of an Alarm System (including any hardware extensions) and, on the other hand, the remote monitoring subscription. The Alarm System can be sold or rented (only certain models).
4. Alarm system supply Rates and installation times are specified in the Service Contract.
4.1 Alarm system rental a.
Upon termination of the subscription, for whatever reason, the Customer shall authorize Gentianes Group personnel or any other person appointed by Gentianes Group to dismantle the installed Alarm System and return it in good condition. Failing this, the latter will be entitled to invoice the Alarm System at its replacement value. The Customer must accept Gentianes Group’s intervention within thirty days of the end of the contract, failing which the system will be invoiced. Any repair work, such as filling in drill holes or other consequences resulting from the alarm system, will be the sole responsibility of the customer.
b. The Alarm System is made available to the Customer for his exclusive use. Ownership of this Alarm System is in no way transferred to the Customer. Consequently, it may not be seized or apprehended by a third party, nor may it be assigned, leased or made available to a third party. As soon as the Customer rents the alarm system, he is not allowed to use the services of a company other than Gentianes Group for maintenance and alerting; failing this, Gentianes Group reserves the right to terminate the contract without delay. For the rest, the rules of the lease contract (art. 253 ff CO) apply.
4.2 Sale of the Alarm System a.
Retention of title Gentianes Group retains full and complete title to the products sold until full payment has been received.
b. Relocation In the event of relocation to a region not covered by Gentianes Group, the latter may propose an alternative solution or terminate the Contract by operation of law, and the Customer shall not be entitled to claim any compensation.
c. Miscellaneous
The sale of the product by Gentianes Group does not impose any obligation to offer a maintenance or alarm service to the Customer.
4.3 Alarm system installation and commissioning services
Installation and commissioning costs are indicated on the Service Contract.
a. Installation time
The installation date is normally indicated in the Contract. In exceptional cases, this date may be omitted if the customer does not know the exact date on which he or she will be moving in at the time of subscription. Delays in delivery do not entitle the customer to claim damages or to cancel the order. This provision also applies to all delays, whether ordinary or due to exceptional reasons (unforeseen product shortage at our supplier, strikes, bad weather, natural disasters, etc.).
b. Installation sequence
The installation service consists, in the presence of the Customer or an authorized third party, of :
– Arrange for a technical advisor to visit the site where the alarm system is to be installed,
– Prior to installation, carry out a safety diagnosis to determine the best configuration and location of the various elements according to the customer’s home, lifestyle and wishes,
– Propose the necessary extensions and settings to adapt the configuration to the required level of security, so that the customer can make informed decisions,
– Install the components and configure the alarm system in accordance with the customer’s instructions,
– Test and commission the alarm system and connect it to the monitoring center,
– Provide training for users present during installation.
4.4 Return and refund of the alarm system
Certain appliances (indicated by Gentianes Group) may be taken back by the company and reimbursed in whole or in part after sale, subject to the following cumulative conditions.
– the device is returned in perfect working order and appearance, in its original packaging,
– replacement of the transmitter is deducted from the trade-in price.
The amount reimbursed is 75% of the sale price for a return up to one month after the sale, 50% for a return between 2 and 5 months, and 25% for a return between 6 and 12 months. After one year, no refund will be granted. The period begins on delivery of the equipment.
5. Technical services
5.1 Use
The supplier’s operating and maintenance instructions and guidelines for proper use must be strictly observed. The Customer undertakes not to modify the installation himself and is required to inform Gentianes Group of any substantial modification to his dwelling, failing which the efficiency of the installation may be diminished, without engaging the liability of Gentianes Group.
5.2 Maintenance
The customer must immediately arrange for the supplier to carry out any repairs that may become necessary in the course of time. Repairs may only be carried out by the customer himself or by a third party with the written consent of the supplier, failing which the customer shall bear all costs and liability. In addition, he will be liable for all direct or indirect damage resulting from improper repairs. Spare parts must always be ordered from the supplier. Maintenance costs are borne by the customer.The warranty and maintenance of the Alarm System exclude the following services, which are invoiced at the current rate:
– Repair costs resulting from: lightning, power surges, flooding, fire,
– Intervention on equipment not supplied or installed by Gentianes Group,
– Damage caused by the intervention of personnel not authorized by Gentianes Group or by abnormal use of the Alarm System, as well as by any deliberate deterioration,
– The intervention of a technical advisor at the customer’s request is not part of normal maintenance,
– Troubleshooting resulting from the customer disconnecting the device,
– A specific request from the customer for urgent repairs,
– A request from the customer to inspect the installation,
– Breakdowns related to accessories (power cable, telephone line, etc.),
– In the event of misuse by the Customer.
– The same provisions apply if the Alarm System is sold.
6. Customer obligations (rental and sale)
On receipt of the equipment, the Customer must check it and immediately notify the supplier in writing of any defects. If no complaint is received by the supplier within 8 working days of installation, the equipment is deemed to have been accepted by the Customer. Subsequent complaints will only be taken into consideration if, at the time of installation, the defects were not perceptible, despite conscientious checking, and if the customer submits a written complaint within one week of noticing the defect in question.Complaints relating to a defect in the equipment which does not lead to an interruption in the use of the said equipment do not exempt the customer from paying the subscription on time. To ensure proper operation of the Alarm System and to benefit from its warranty and maintenance, the user also undertakes to :
– Agree to the installation, on its premises, of the Alarm System sold or rented by Gentianes Group and not to modify its operating characteristics,
– Test equipment by simulating an alarm at least once a month,
– Follow Gentianes Group instructions,
– Do not add any parts or devices not supplied or approved by Gentianes Group,
– Do not modify the installed configuration without express instruction from Gentianes Group,
– Do not damage the Alarm System.In the event of failure to comply with the above obligations, which may jeopardize the reliability and efficiency of the Alarm System and service, Gentianes Group may terminate its warranty, maintenance and repair obligations and/or the Contract, and the Customer shall not be entitled to any compensation.
7. Warranty
Most products supplied by Gentianes Group come with a 2-year warranty from the date of delivery.This warranty is limited to the replacement of the defective part or product. Repair, exchange or replacement does not modify the initial warranty date. The Customer is expressly informed that Gentianes Group is not the producer of the products presented with regard to liability for defective products. Consequently, in the event of damage caused to a person or property by a product defect, the Customer may only seek to hold the producer liable, on the basis of the information provided on the product packaging.If the Alarm System is rented, maintenance services are included in the price, with the exception of the services mentioned in section 5.2 above. If the Alarm System is sold during the warranty period, maintenance services are included in the price, with the exception of the services mentioned in 5.2 below. Upon expiry of the warranty, all repairs are at the customer’s expense.
8. Responsibility of Gentianes Group
Gentianes Group shall not be held liable for any of the following damages or events:
– Non-compliance by the Customer and/or the persons for whom he/she is responsible with the obligations set out in article 6,
– Use that does not comply with the alarm system’s technical specifications,
– Deliberate damage to the alarm system,
– Accidents of any kind affecting the Alarm System or the telephone or electrical networks, such as shock, power surges, lightning, flood, fire and, in general, all events resulting from abnormal use or conditions,
– Failure of the telephone networks due to the operator of said networks or due to the Customer,
– Failure of electrical networks due to the operator of said networks or due to the Customer, as well as their consequences on the Customer’s electrical installations,
– Act of God or force majeure,
– Consequences of erroneous information provided by the customer,
– Possible damage caused by the operator after an alarm if he has to force entry to reach the Customer.
9. Interventions
Gentianes Group Sàrl can offer an alarm response service, depending on the contract. The intervention procedure is determined by the contract. This normally begins with contact between the service center and the customer, and continues, if necessary, with on-site intervention. Gentianes Group’s intervention does not replace that of the official rescue services, which may be alerted if necessary, at the customer’s expense. Interventions are billed to the customer according to the rates set out in the contract. Gentianes Group reserves the right to use non-professional service providers in the vicinity of the customer for reasons of cost and speed of intervention (e.g. relatives or neighbors). The interventions of these latter persons constitute acts of convenience; no contract is concluded between Gentianes Group and these persons, who act under their own responsibility. However, the customer undertakes to inform Gentianes Group immediately of any problem encountered during such an intervention. Gentianes Group staff usually travel by motorized vehicle. In the event of force majeure, in particular if road access is cut off, Gentianes Group reserves the right to cancel the work and will inform the customer as far as possible.
10. Data protection
Gentianes Group complies with Swiss data protection law. No personal data of Gentianes Group’s co-contractors will be communicated to third parties. However, in order to enable Gentianes Group to meet its contractual obligations, the Customer expressly accepts that Gentianes Group may transmit to third parties, particularly in the field of emergency services, his contact details and the reasons justifying the intervention, as well as any data useful for the intervention. In particular, the Customer’s attention is expressly drawn to the fact that some devices allow geolocation. This may be communicated, in the customer’s interest, in the context of rescue or search operations. Gentianes Group is authorized to retain data relating to interventions carried out for medical purposes on behalf of the Customer and in order to improve its services. In order to improve the quality of its services and for purposes of proof, Gentianes Group may record telephone calls made to it in connection with alarms; the Customer declares that he is aware of this and expressly accepts it. Gentianes Group has no activities outside Switzerland and does not intend to offer services outside the country. It is therefore not subject to the RGPD.
11. Subscription prices and payment terms .
Installation, commissioning and service charges The installation, commissioning and service charges specified in the service contract are not included in the agreed subscription amounts and are billed separately.
b. Subscription The Customer undertakes to pay the subscription amount in advance, according to the duration of the service contract and the agreement between the parties, every month, every three months, every six months or every year. Gentianes Group reserves the right to conclude other agreements for short-term subscriptions. The first rent, of an amount to be defined by the parties, will be payable when the equipment is made available. If a machine is not in working order or does not conform to the contract for reasons attributable to the supplier, the subscription will only be payable when the supplier has remedied the defects in question, unless a loan machine is made available to the customer pending final delivery. Any month begun is payable in full if the subscription is interrupted for any reason whatsoever.
c. Demeure In the event of late payment of the subscription for more than 15 days, Gentianes Group may, without further notice, suspend the supply of its services for all contracts with the Customer and/or terminate the contract with immediate effect and without compensation. All costs incurred by Gentianes Group as a result of late payment shall be borne by the customer.
12. Duration – termination
a. Duration
The Service Contract is concluded for an indefinite period after an initial firm period of 12 months from the signing of the Service Contract.
b. Termination at the customer’s initiative After the initial firm period referred to in article 12.a., the customer may terminate the contract at any time, with two months’ notice to the end of the month, regardless of the formula subscribed to. Cancellation shall be effected by registered mail. The decisive date for giving notice is the postmark. Any monthly instalments already paid will be reimbursed to the Customer, subject to possible deductions in the event of damage to the Alarm System. In the event of early termination of the Contract during the initial firm period referred to in article 12.a., all subscription instalments remaining until the expiry of this period will be due. However, the Customer may terminate the Contract at any time and before the initial firm period referred to in article 12.a., without penalty, by registered letter, in the event of legitimate, duly justified reasons arising after the Contract was signed and preventing it from continuing. The following are considered legitimate reasons:
– Significant financial difficulties (proven lawsuits),
– Moving outside Switzerland,
– Retirement home,
– Death of the Customer or his/her spouse,
– Detention for a minimum of 3 months – Force majeure
c. Termination at the initiative of Gentianes Group
Failure by the Customer to comply with any of its obligations under article 6 of these General Terms and Conditions shall automatically and without notice result in the termination of the Contract in its entirety, which shall be effective upon receipt of a registered letter by the Customer. In all other cases, Gentianes Group may terminate the contract after the initial fixed period specified in article 10.a, giving two months’ notice by the end of the month.
13. Applicable law
These General Terms and Conditions and all contracts arising from their acceptance are governed by Swiss law. In the event of a dispute or claim, the Customer should first contact Gentianes Group for an amicable solution. In the second instance, the Customer may apply to the courts at the supplier’s head office.
14. Disability clause
In the event that any clause of these General Terms and Conditions should prove invalid, all other clauses shall remain valid and applicable. In the event that one or more of the aforementioned clauses should prove to be invalid, void or unenforceable, such clause(s) shall be replaced by an applicable clause(s) that is (are) as close as possible to the content and meaning of the original clause(s). Similarly, any inaccuracies in these General Terms and Conditions must be corrected.