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General Terms and Conditions

Terms of Service
BIBBI AG (hereinafter referred to as BIBBI) for using the "Berta app" (hereinafter referred to as the application)

These general terms and conditions apply in the version current at the time the contract is concluded.

1. Important
Please read these terms and conditions carefully before using the application. By using the application, you confirm that you have read and agree to these terms and conditions. If you do not agree to the terms and conditions, do not use the application.

2. Disclaimer
This device (hardware) or the application (software) is not a medical device. Use of the Application is not intended for medical purposes or to diagnose, treat, cure, or prevent any disease or condition.

BIBBI shall have no liability whatsoever in the event of: Any claim, demand or action, regardless of the cause of the claim, demand or action, for any loss, injury or damage caused directly or indirectly by the use or possession of the Application , loss of revenue, profits, contracts or savings, or any other direct, indirect, incidental, special or consequential damages as a result of the use of or inability to use the Application, errors in the Application or any breach of these Terms and Conditions, whether or not such is an action based in contract or tort, or the claim, demand or cause of action is based on a warranty; this also applies if BIBBI has been informed of the possibility of such damage. The maximum total liability recognized by BIBBI with regard to the obligations arising under this agreement or otherwise in relation to the application is CHF 1.00.

THIS DISCLAIMER IS AN ESSENTIAL PART OF THE TERMS AND CONDITIONS.

3. Disclaimer of Warranties and Guarantees
With regard to devices (hardware) sold by BIBBI, all warranty claims expire after six months.
The Application is provided "as is" and you agree to use it at your own risk. BIBBI makes no guarantees, representations or warranties of any kind, express or implied, arising under statute or otherwise, including but not limited to guarantees, representations and warranties as to content, quality, accuracy, effectiveness, reliability, suitability for a specific purpose, benefit, use, or results of the Application, or for the Application to function uninterrupted or error-free.

4. User Instruction
You can find user instructions on our homepage.

5. Privacy
BIBBI uses the data you provide to provide the service. BIBBI exchanges information with the payment method provider to process payments. Your payment data can be passed on to the payment method provider (e.g. PayPal).

With the payment, the user enters into an agreement with the payment agent (e.g. PayPal), who will also ask for personal data (e.g. bank details) in order to carry out the payment. This data will not be passed on to BIBBI.

Your data will not be passed on to other third parties or used for advertising purposes. Once the contract has been completed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the statutory retention periods have expired. BIBBI uses technical and organizational measures to secure our website and other systems against the loss, destruction, access, modification or dissemination of your data by unauthorized persons. Despite regular checks, complete protection against all dangers is not possible.

You can visit our site without providing any personal information.

Personal data is only collected if you voluntarily provide it to us when ordering goods, opening a customer account or registering for our newsletter.

In principle, BIBBI does not store any access data.
Without your separate consent, we use the data you provide exclusively to fulfill and process your order. Once the contract has been completed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the statutory retention periods have expired, unless you have expressly consented to the further use of your data.

You can revoke any consent you may have given to the reminder of orders that have not been completed at any time with effect for the future.

The use of customer data is regulated in our data protection declaration.

6. Cookies
We use cookies on various pages to make visiting our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive after the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognize you on your next visit (so-called permanent cookies). Our partner companies are not permitted to obtain or process personal data via our website using cookies. You can prevent the storage of cookies in your browser by restricting or switching off the storage and reading of cookies via the menu bar "Extras > Internet options > Data protection" (Internet Explorer) or "Settings > Data protection" (Firefox).

Please note that you cannot use certain functions of our website without cookies.

7. Final Provisions
7.1 Modification of Terms and Conditions
We reserve the right to change these general terms and conditions at any time. The changes come into effect when they are activated. With the first use of the application after the new terms and conditions have been activated, you accept the new provisions.

7.2 Severability Clause
If any part of these terms and conditions is found to be unenforceable or invalid, this will not affect the validity of the remaining provisions.

7.3 Governing Law and Jurisdiction
Swiss law applies exclusively, to the exclusion of conflict-of-law provisions of private international law and the UN Sales Convention. The place of jurisdiction for natural and legal persons is Salenstein, Canton Thurgau, Switzerland.

As of August 19, 2021