Section I: General Terms and Conditions

1 Applicability and scope
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between Swiss Association of Market Technicians (SAMT) (hereinafter referred to as “SAMT”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or “you”) for physical products (hereinafter referred to as “physical products” or “goods”) and/or digital products (hereinafter referred to as “digital products”), both together (hereinafter referred to as “products”), purchased via our website [www.samt-org.ch] (hereinafter referred to as “online store” or “website”).
The Website and the Online Shop are operated by:

Swiss Association of Market Technicians (SAMT)
c/o LGR Consulting GmbH
Chrummwisstrasse 28
8700 Küsnacht
CHE-342.275.610
admin@samt-org.ch

Individual agreements concluded with the customer shall take precedence over these GTC. Conflicting terms and conditions of the customer shall not be recognized.
SAMT reserves the right to amend these GTC at any time. All amendments shall become effective upon publication of the new GTC on the website. When purchasing a product, the relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us. Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions and our privacy policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.

2. conclusion of a purchase contract
The presentation of the products in the online store does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. SAMT expressly reserves the right to change the products themselves as well as the content, e.g. images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, podcasts, brochures, advertising and other information in connection with our products are for information purposes only and are not binding on SAMT. The customer can place a binding order for the products selected by him via our online store. The customer can place the products he selects in the “shopping cart”. This does not yet constitute a binding order. An order is only considered binding when the customer clicks on the button [“order subject to payment”] on the order page at the end of the order process. Before sending the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.

An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of your order and our General Terms and Conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By sending the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of the online order and your documentation. After you have placed a binding order, SAMT is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties.

Any payment already made will be refunded when the order is canceled. Reasons for rejecting an order may be, for example, if a product is no longer available, if we are unable to obtain authorization for the customer's payment or if there is reason to believe that the customer is acting in breach of these GTC, individual contracts, fraudulent or other criminal activities or for any other important reason. Acceptance of the order creates a binding purchase contract with the customer. This acceptance takes place through the dispatch of the ordered goods or the provision of the digital product for download. Any commercial distribution or resale of our products is strictly prohibited.

3 Availability and reservation of performance for non-deliverable products
All information about the availability of our products and the dispatch and delivery of our goods is provisional information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipment or delivery of the goods is expressly excluded.
Our goods are available as long as our stocks last. If SAMT discovers during the processing of your order that the goods you have ordered are not available, we will inform you immediately. In this case, a contract for the unavailable goods will not be concluded, as the ordered goods cannot be delivered.
Our digital products are generally available as long as they are offered in the online store. If SAMT discovers during the processing of your order that the digital products you have ordered are not available, for whatever reason, we will inform you immediately. In this case, no contract will be concluded for the unavailable products.
Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.

4 Prices and shipping costs
Our products and prices correspond to those indicated on the Website. All prices are quoted in CHF (Swiss Francs) [or in Euro or USD, if applicable] and include the statutory value added tax (VAT). The total price of your order, including all ancillary and shipping costs and the VAT payable for the respective country, will be displayed at the end of the order process. Additional customs duties may be incurred for shipments to countries outside Switzerland. These are not included in the price and must be paid by the customer.
By placing a binding order, you declare that you agree to the total price for the products ordered. Once a binding order has been placed, the price can no longer be adjusted.
SAMT reserves the right to change prices at any time. The products will be invoiced on the basis of the prices offered at the time the binding order is placed.

5 Terms of payment/credit check
Orders are generally due for payment immediately.
The customer has the option of paying using the means of payment displayed on the website or during the order process. These may change from time to time and from country to country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk, only those corresponding to the respective credit rating). SAMT is expressly authorized by the customer to carry out credit checks at its own discretion and, if necessary, to pass on customer data to third parties for this purpose.

By selecting the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes SAMT to collect payments by the appropriate means. In the event of chargebacks, SAMT shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, SAMT shall not be liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address data and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, SAMT reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
In the case of payment by invoice, the customer will receive the invoice with payment slip with the delivery of the goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, SAMT shall be entitled to charge its expenses for each reminder of at least CHF 50 and other costs associated with collection as well as the statutory default interest. Should it become necessary to initiate debt collection proceedings, we will charge an additional processing fee of at least CHF 200.

6 Delivery conditions for goods
Deliveries are always made via the Swiss Post AG delivery service. For deliveries to Switzerland, the shipping costs are borne by SAMT. Delivery services are used for deliveries to the EU: Swiss Post AG or couriers such as DHL, TNT. The desired delivery service can be defined during the ordering process. The costs incurred must be paid in advance by the buyer. The goods that you order in our online store and that are in stock will be sent to you within [6-8] working days of receipt of full payment, depending on the destination. You can use the tracking number to track the current location of your order. If the goods are marked as not in stock when the order is placed, SAMT will endeavor to deliver the goods as quickly as possible. SAMT will make every effort to meet the stated delivery times. However, SAMT is not responsible for delays in delivery, regardless of their cause. We will inform you immediately of any delays in delivery. If the delay in performance lasts more than 4 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded. Should the delivery of the goods fail through the fault of the customer, SAMT may withdraw from the contract. Any payments made shall be refunded immediately.

7 Retention of title
SAMT shall remain the owner of the delivered goods until they have been paid for in full. For digital products, the rights of use apply in accordance with Section II.

8. right of withdrawal and return of goods
Preconditions
For all purchases of our goods via our online store (with the exception of certain products; see the withdrawal restrictions below), you as a consumer have a right of withdrawal without giving reasons within 14 days of receipt of the goods. You or a third party named by you, who is not the carrier, can withdraw from the contract within 14 days of receipt of the goods by returning the goods to us.

Swiss Association of Market Technicians (SAMT)
c/o LGR Consulting GmbH
Chrummwisstrasse 28
8700 Küsnacht
Switzerland

or inform us in writing (e.g. a letter sent by post or e-mail) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of withdrawal are handed over to the post office or another transport company for return or dispatch on the last day.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods, together with the completed return slip, must be returned to the following address:

Swiss Association of Market Technicians (SAMT)
c/o LGR Consulting GmbH
Chrummwisstrasse 28
8700 Küsnacht
Switzerland
admin@samt-org.ch

Consequences of withdrawal
If you withdraw from the contract and return the goods in the proper manner, we will refund the total price paid by you, including delivery costs (with the exception of the costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest 14 days from the day on which we received notification of your withdrawal from this contract or the goods were received by us. The refund will be based on the payment method originally used and will always be made to the account used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as SAMT accepts no liability in this respect.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Restrictions on withdrawal
The right of withdrawal is excluded for the following contracts:

Delivery of products that have been customized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products);
if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.

9. notice of defects/warranty
SAMT warrants that the goods comply with the warranted characteristics and have no defects that impair their value or suitability for the intended use.
Upon receipt of the products, the customer must check them immediately for correctness, completeness and any damage. Defects or damage must be reported to SAMT within [5] working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the product shall be deemed approved and you shall no longer be entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects shall apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the fault of the buyer.

The customer's warranty claims shall be limited to replacement delivery or rectification of defects/rework to the exclusion of all other claims, in particular compensation for indirect and consequential damage. SAMT shall decide at its own discretion on replacement delivery or rectification of defects. If subsequent delivery or rectification fails, the customer shall be entitled to withdraw from the contract in the event of significant defects.

Please contact us at the following address with the order number, the customer number, a description of the fault and other helpful information if you have a complaint or service questions:
Swiss Association of Market Technicians (SAMT)
c/o LGR Consulting GmbH
Chrummwisstrasse 28
8700 Küsnacht
Switzerland
admin@samt-org.ch

The defective product must be returned to the SAMT address given above with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return shipment confirmed and keep this confirmation, as your warranty claim cannot be processed if the package is lost: [for digital products where applicable].

10. registration for an account
By registering for a customer account, you can download digital products, view information about your completed, open and recently sent orders and manage and save your address details, any payment details and any newsletter. As your data is saved, you do not have to enter it again when you make another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. SAMT guarantees to treat your data confidentially and not to pass it on to unauthorized third parties. Further information on data protection can be found in our privacy policy.

Registration is free of charge, unless it is a registration for a paid subscription (see Section II). Each customer is only authorized to maintain one customer account. We reserve the right to delete several applications and to admonish, block or delete or change the content of registered customers who violate these GTC or individual agreements.
SAMT is not obliged to accept the registration or order of a registered customer.

11 Complaints and grievances
We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided at the beginning of this document. We will endeavor to review your inquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have a complaint or complaint, please help us by telling us the exact problem or error and, if necessary, providing a copy of the order documents or at least the order number, customer number, etc. We will endeavor to respond to you within [5] working days.

12 Liability
SAMT shall be liable in the event of a breach of its own obligations under these GTC and the contractual relationships based on them for damage caused and proven by it through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on contract, tort or for any other reason. Indirect damage includes, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairments or interruptions to the availability of SAMT's services. Furthermore, SAMT accepts no contractual or non-contractual liability for damage caused by auxiliary persons used to provide the service.

The above exclusions and limitations of liability shall not apply in the event of culpable injury to life, limb or health caused directly by SAMT or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act. Subject to the foregoing, the total liability under these GTC shall be limited to the price of the goods ordered from us by the customer, irrespective of the cause and to the extent permitted by law.

Event beyond our control
If an event occurs which is beyond our control and influence (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations arising from these GTC and the contractual relationship based on them. An event beyond our control exists, for example, in the following cases
strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pan-demics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor vehicle routes or other means of public or private transportation. Should an event beyond our control occur which affects the fulfillment of our obligations under the contract, we will inform you at the earliest opportunity.

13. data protection
SAMT collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our privacy policy, which forms an integral part of these GTC.

14 Copyright
The information and content published on the website are protected by copyright and are the property of SAMT or the respective rights holder. Reproduction, editing, distribution or any other form of utilization is not permitted and requires the prior written consent of the respective rights holder. SAMT and the relevant rights holder expressly reserve all rights in this respect.

15. severability clause
Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

16. Applicable law and place of jurisdiction
These General Terms and Conditions, the contractual relationships based on them and any disputes are subject exclusively to Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of SAMT in Küsnacht ZH, unless the law provides for mandatory places of jurisdiction.
For legal persons, the registered office of SAMT is the sole place of jurisdiction.

These provisions shall only apply to the extent that there are no mandatory provisions of the law of the country in which the consumer has his or her habitual residence which take precedence over these General Terms and Conditions.

Section II: Additional terms and conditions for digital products
1. Digital products
The following digital products are offered in our online shop for digital content [e.g. eBook, video podcast, etc.]. Depending on the description, digital products can be purchased in the online shop for a fee or free of charge.

2. Subscription, contract duration, termination
To download certain digital products, the customer must take out a subscription. Subscriptions are concluded for a specific period of time and are not transferable. This period is normally 12 months. Unless otherwise agreed, each subscription entitles a person to unrestricted use of certain digital products during the term of the contract in accordance with these terms and conditions. Termination must be notified to SAMT in writing at least 30 days ahead of the end of this period. At the same time as termination, access authorization expires.

When registering on our website, the customer undertakes to treat the access data provided to the system and the passwords set up for it as strictly confidential and with the utmost care. SAMT reserves the right to immediately terminate the right of use if it discovers that an individual authorized person has used access data multiple times.
Otherwise, the provisions for registration in Section I, Item 10 apply.

3. Granting of usage rights
The customer can acquire the usage rights to the digital products in the online shop for a fee or free of charge, depending on the description, and save them on devices of their choice [e.g. PC, smartphone, etc.]. The granting of usage rights only takes effect when the customer has paid the contractually owed remuneration in full.

4. Copyright for downloaded digital products
The digital products are protected by copyright. Unless otherwise stated in the content description in the SAMT online shop, SAMT grants the customer the simple, non-exclusive, non-transferable and non-sublicensable right to the content of the digital products provided for download, to use them exclusively for personal use in accordance with copyright law in the manner offered.

The customer is permitted to download downloads once and to save them on various local storage devices, copy them or burn them to data carriers exclusively for their own personal use. Any further use that goes beyond the rights granted is not permitted. For example, it is not permitted to change the content or editorial content of the link to a download or the download itself in any way, or to use modified versions, to make them available to third parties or to copy them for third parties, to make them publicly available or to forward them, to post them on the Internet or in other networks for a fee or free of charge, to imitate them, to resell them or to use them for commercial purposes.
SAMT is entitled to change, interrupt or stop the download option at any time, either temporarily or permanently. In addition, SAMT is authorized to delete individual downloads from the customer's account if there is an important reason. This is particularly the case in the event of disputes about possible violations of law. The possibility of deletion is excluded for downloads that are already stored in the customer's own storage location, e.g. their PC or smartphone, after the customer has downloaded them.
To protect against unauthorized use, SAMT can individually mark downloads with digital watermarks so that the original purchaser can be identified and tracked down in the event of improper use.

5. Delivery
As soon as the selected digital product is paid for, it will be sent to the customer.
The email download link can only be used once. Further downloads are not possible using the link provided. SAMT is free to make the download link available again at its own discretion upon request from the customer. Any claim to the transmission of further download links for the product already purchased is excluded.
The customer is responsible for having the appropriate software available so that the digital product can be opened properly and in a legible form and, for example, printed out. SAMT expressly excludes any liability for the provision of suitable software by the customer.

6. Right of withdrawal and return
Requirements
For all purchases of our digital products via our online shop, you as a consumer have a right of withdrawal within 14 days of concluding the contract for the digital product without giving any reasons. You can withdraw from the contract within 14 days of concluding the contract by informing us Swiss Association of Market Technicians (SAMT), c/o LGR Consulting GmbH, Chrummwisstrasse 28, 8700 Küsnacht. admin@samt-org.ch of your decision to withdraw from the contract in a clear statement in text form (e.g. a letter sent by post or email). To comply with the 14-day withdrawal period, it is sufficient if you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. You can use the sample withdrawal form, but this is not mandatory.

Consequences of cancellation
If you cancel the contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. The refund will be based on the payment method originally used and will always be made to the associated account that was used for the payment, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. Please ensure that you have access to the specified account, as SAMT assumes no liability in this regard.

Early expiration/waiver of the right of withdrawal
The right of withdrawal expires prematurely if we have begun to execute the contract after you have expressly agreed that we may begin to execute the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by giving your consent you will lose your right of withdrawal when the contract begins to be executed.

7. Liability for the online connection
SAMT undertakes to ensure security in systems, programs, etc. that belong to it and over which it has influence, in accordance with the latest technical standards and to comply with data protection regulations.

Customers must ensure the security of the systems, programs and data that are within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.

In addition, SAMT is not liable for force majeure, improper actions and disregard of risks on the part of the customer or third parties, excessive use, unsuitable operating equipment of the customer or third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions. In all other respects, the liability provisions in Section I, Item 12 apply.

SAMT, Küsnacht 04. December 2024