Terms

Scope

These general terms and conditions (GTC) apply to all services of Quartiero GmbH (Quartiero) towards its customers. A customer is in particular a property management as recipient of the screens and the building info, and an advertising client who books advertising slots on the network. Differing terms of the customer apply only where Quartiero agrees to them in writing. Quartiero addresses business customers, not consumers.

Definitions

• Platform: the software operated by Quartiero, consisting of the portals, the device connection and the associated services.
• Portal: the web interface through which the customer manages content, devices and settings (management portal on quartiero.ch, advertising portal for advertising clients).
• Device: the touch screen in the stairwell together with its software.
• Screen placement: the place in the stairwell where a device is operated. The customer creates it in the portal and assigns a device to it. The monthly services and the activation fee attach to the screen placement and not to the individual device.
• Supply model: the way the customer obtains a screen, that is purchase or all-inclusive package.
• Order: the order for one or more screens placed through the shopping cart on quartiero.ch.
• Playlist: the control object that determines which content plays on which device and when.

Services

Quartiero provides touch screens for the stairwell together with the platform through which the management maintains and plays its content. There are two supply models for the screen, purchase and the all-inclusive package. What applies to both is set out in the section “Supply models: purchase or all-inclusive package”.

The licence for the platform entitles the customer to use the portals and to receive updates. It also includes Quartiero's right to play advertising on the devices. Whether and which advertising runs is decided by Quartiero as the operator of the advertising network.

Quartiero develops the platform on an ongoing basis and may adapt, extend or replace individual features, as long as the agreed scope of services is preserved in substance.

Supply models: purchase or all-inclusive package

Purchase. The customer buys the screen for a one-off price. It passes into the customer's ownership upon delivery. Alongside runs the monthly licence for the platform, which includes the device's internet connection. Without a running licence the device stays in the customer's ownership but no longer plays any content.

All-inclusive package. Quartiero makes the screen available to the customer for the term of the contract and carries maintenance and replacement for it. Device, licence and internet connection are combined into one monthly charge, and no one-off purchase applies. The device remains the property of Quartiero and does not pass into the customer's ownership at any time. In legal terms, letting the customer use the device is a lease under art. 253 et seq. of the Swiss Code of Obligations; it is neither a leasing arrangement nor a purchase by instalments. Everything else that applies in the all-inclusive package is set out in the section “Device in the all-inclusive package”.

The supply model is chosen per screen, and the customer may mix both within one order. A change from the all-inclusive package to a purchase during the term is possible on request; Quartiero states the price for it in advance.

Ordering through the website

The prices for the devices, for the licence, for the all-inclusive package and for the activation fee are published on the price page of quartiero.ch and can be viewed in the portal. They apply to every order the customer places through the shopping cart.

An order can be placed by a customer who has an account and an organisation in the portal and whose billing details and choice of payment method are complete. When the order is submitted, Quartiero freezes the prices of the ordered items. If Quartiero changes the price page afterwards, what the customer saw continues to apply to that order.

The order is a binding offer by the customer. The contract comes into existence when Quartiero confirms the order; there is no obligation to confirm. As long as no confirmation has been given, the customer may withdraw the order in the portal.

Where a one-off amount applies, the document evidencing it is issued upon confirmation and the amount falls due. There is no down payment. Which document it is depends on the chosen payment method: an invoice with a QR payment part where payment is by invoice, and a receipt for the charge where a payment method is stored. At most one such document is issued per order. An order consisting only of all-inclusive devices has no one-off amount; it is billed monthly from activation onwards.

All amounts on the order and on the document are net, and value added tax is shown separately. The one-off amount covers the purchased devices together with any discount granted. Activation fee, licence and all-inclusive package are not included in it and are billed monthly.

The order does not promise a delivery date. Quartiero states an expected date with the confirmation where one is foreseeable; it is an estimate and not a commitment.

Quartiero may cancel an order as long as it has not been delivered, stating the reason. If the one-off amount has already been paid, Quartiero credits it in full. Goods already dispatched are returned in accordance with the section “Returning a device owned by Quartiero”.

Where an order comes about not through the shopping cart but through a quote or an individual contract, what is agreed there prevails over these GTC.

Delivery, mounting and passing of risk

Quartiero delivers the screens to the delivery address stated in the order, pre-assembled and with a mount. Mounting it at the screen placement is the customer's task. The customer provides a power connection at the location. No internet connection in the building is needed, the device brings its own.

Quartiero bears the cost of delivery unless the order shows otherwise.

Delivery only takes place while the customer's billing details and chosen payment method are complete. Days to weeks pass between confirmation and delivery, and if either of the two lapses in that time, Quartiero holds the delivery and contacts the customer.

Benefit and risk pass to the customer upon delivery to the customer. In the case of a purchase, ownership of the device also passes at that moment, and Quartiero does not reserve title. In the all-inclusive package the device remains the property of Quartiero.

The customer inspects the delivery upon receipt. Transport damage, missing parts and openly recognisable defects are reported to Quartiero within ten days of delivery. Hidden defects are reported as soon as they appear.

Device in the all-inclusive package

In the all-inclusive package Quartiero lets the customer use the screen for the term of the contract. The device remains the property of Quartiero and does not pass into the customer's ownership at any time.

The customer grants Quartiero, or the people instructed by Quartiero, access to the location as far as this is needed for service or for taking the device back.

The customer treats the device with care. The customer does not open it, does not modify it, does not pass it on to third parties, and informs Quartiero before moving it to another location. The software and the settings of the device remain with Quartiero.

The customer reports damage, loss and theft without delay. Normal wear is borne by Quartiero. For damage caused by the customer or by people the customer has instructed, the customer bears the cost of repair, up to the current value of the device at most. For damage or theft by unknown third parties Quartiero provides a replacement, provided the customer reports the incident to the police and sends Quartiero a copy of the report. The customer does not have to take out insurance of their own.

Returning a device owned by Quartiero

A purchased device stays with the customer, even if the customer closes the screen placement or terminates the licence. It comes back only in a warranty case, and then as an exchange.

A device from the all-inclusive package comes back as soon as the screen placement is closed, the device is released, or the contract ends. The same applies to goods from a cancelled order that had already been dispatched. The customer starts the return in the portal or reports it to Quartiero. Quartiero then authorises the return, stating the return number and the address; before this authorisation the customer does not send the device back, so that it can be matched on arrival.

The return only falls due after the end of use; until the last day of the current month the device stays with the customer for use. Until then the customer may withdraw the termination and the return is called off; the device is then in no screen slot, but the customer can assign it to one again at any time. Once the device has arrived at Quartiero, the return is complete. Quartiero then states the deadline by which the device should arrive; it is short and is shown on the device in the portal. The return is at Quartiero's cost: either Quartiero collects the device, or the customer arranges the shipment and Quartiero bears the ordinary cost of the return shipment.

The device is to be returned complete, with mount and accessories, in usable condition. Normal wear is borne by Quartiero, and for damage beyond that the section “Device in the all-inclusive package” applies. After receipt, Quartiero resets the device and erases the customer's content on it.

As long as a device owned by Quartiero remains with the customer after the end of use, Quartiero bills the charge for providing the hardware without service as set out on the price page.

If the device does not arrive after the deadline has passed and a reminder has been sent, or if it is lost while with the customer, Quartiero invoices the replacement value. The replacement value is the purchase price of a device of the same size as shown on the pricing page. It is damages and not a purchase: ownership stays with Quartiero, and if the device does arrive later, Quartiero takes it back and credits the replacement value.

This section applies only to devices from the all-inclusive package. A device that was bought belongs to the customer; the customer bears its loss, and there is neither a return nor a replacement value for it.

Account and customer obligations

To use the portals, the customer creates an account. The customer keeps the access credentials confidential, does not pass them to unauthorised parties and reports any suspicion of misuse to Quartiero without delay. The customer ensures that only authorised persons of its business access the account and keeps the stored details current.

The customer uses the platform only within these GTC and the law. The customer does nothing that disrupts the operation of the platform or the devices and does not attempt to circumvent security measures.

Customer content

The customer remains responsible for the content it maintains. The customer ensures that it holds the necessary rights and that the content violates neither the law nor the rights of third parties. Quartiero does not review the management's content in advance and does not adopt it as its own.

Where content contains personal data, Quartiero processes it on behalf of the customer. The data processing agreement applies to this. If Quartiero becomes aware of unlawful content, Quartiero may block or remove it and inform the customer.

Advertising

Advertising clients book campaigns via the advertising portal. A booked campaign runs only after Quartiero, as operator, has approved it. Quartiero may refuse approval or stop a running campaign if a campaign violates these GTC, the law or the interests of the buildings. In particular, unlawful, misleading or unfair advertising, political and religious advertising, pornographic or youth-endangering content, and advertising for tobacco products, addictive substances and gambling are not permitted; responsibility for admissibility remains with the advertising client. A particular reach or a particular advertising success is not guaranteed. Reach and click measurement is anonymous, as described in the privacy policy.

Prices and payment

Prices follow from the price page of quartiero.ch, in the version applicable at the time of the order or of the assignment of a screen, or from a quote or an individual contract. All prices are exclusive of statutory VAT where it applies.

The one-off amount of an order falls due upon its confirmation. Monthly services are billed per screen placement. The first month is calculated pro rata by days, including the day of assignment; after that, full months are billed. The activation fee applies once per screen placement, namely in the month in which a screen is activated there for the first time. A replacement device at an existing screen placement does not trigger it again, and it is not refunded.

Invoices are payable within 30 days of the invoice date without deduction, unless the invoice states otherwise.

In the event of default, Quartiero may suspend access to paid services after a prior reminder and terminate it after an unsuccessful grace period. During a suspension the customer's content is no longer played out on the screens. The current month nevertheless remains payable in full, because termination takes effect at the end of a month. Where devices owned by Quartiero are with the customer, Quartiero bills the charge for providing the hardware without service as set out on the price page for the duration of the suspension. Amounts already due remain payable, and fees already paid are not refunded unless mandatory law provides otherwise.

Quartiero may change the monthly prices and announces a change at least one month in advance. The customer may terminate the affected service at the end of a month up to the moment the change takes effect. Prices frozen with an order remain unaffected.

Payment method

For payment, the customer chooses between payment by invoice with a QR payment part and a stored payment method (card or TWINT via the payment service provider wallee). Payment by invoice requires that the customer has entered their billing details completely in the portal. With a stored payment method, Quartiero charges the amount automatically via the payment service provider as soon as the document is raised. In that case the customer receives no invoice with a payment part, but a receipt, and only once the charge is confirmed; before that it would state a payment that is not yet certain. All documents can be viewed in the portal at any time.

If the charge fails, or if the payment service provider's confirmation does not arrive, Quartiero removes the stored payment method and sends the customer the invoice with a QR payment part, stating the reason. The payment term runs from that moment.

The customer may withdraw the choice of payment method at any time; the stored payment details are then deleted. Invoices already issued remain payable. Until a new choice is made, the service is suspended: during this time content is not played out on the devices, and the assignment of devices is paused. The rules on payment terms, default and suspension in the section Prices and payment remain unchanged.

Term and termination

There is no minimum term. Paid monthly services run per screen placement for as long as the customer receives them.

The customer may terminate at any time without observing a notice period. Termination takes effect at the end of the current month, and that month is billed in full; the service remains usable until the last day. The same applies where the customer closes a screen placement, releases a device or deletes its organisation.

In the case of a purchase, the purchase of the device remains unaffected by a termination of the licence. In the all-inclusive package, termination also ends the provision of the device, and it is returned in accordance with the section “Returning a device owned by Quartiero”.

The right to extraordinary termination for good cause remains reserved for both parties. Where a quote or an individual contract deviates from this section, what is agreed there applies.

Availability, maintenance and support

Quartiero operates the platform with reasonable care and strives for high availability. For interruptions due to maintenance, faults at upstream providers or failures of the internet connection at the location, uninterrupted availability is not guaranteed. Quartiero schedules maintenance in low-usage periods where possible. In the all-inclusive package Quartiero replaces a defective device with a device of the same screen size and keeps spare devices ready for this. A different size requires the customer's consent, because the monthly fee depends on the size.

Warranty and liability

Quartiero renders its services professionally.

For a purchased screen a warranty period of two years from delivery to the customer applies. For every purchased device Quartiero issues a warranty certificate stating the serial number and the end of the period. If a defect appears within this period, Quartiero repairs the device or replaces it with a device of the same screen size. A different size requires the customer's consent, because the monthly fee depends on the size. A replacement device carries over the purchase date and the purchase document of the original device, so the period continues from the original purchase and does not start again. Because the replacement device bears a different serial number, Quartiero issues a new warranty certificate for it. A more extensive manufacturer warranty remains reserved.

In the all-inclusive package there is no such period, because the device is not sold to the customer. Quartiero keeps it fit for use throughout the entire term and replaces a defective device.

Quartiero is liable for damages only in cases of intent or gross negligence. Liability for slight negligence is excluded to the extent permitted by law, as is liability for indirect damage, consequential damage, loss of data and lost profit. Mandatory statutory liability, in particular under the Product Liability Act, remains reserved.

Intellectual property

The platform, the software and the Quartiero brand are owned by Quartiero or its licensors. For the term of the contract, the customer receives a simple, non-transferable right to use them within the agreed scope. The customer retains its rights to the content it uploads and grants Quartiero only the use necessary to provide the service.

Force majeure

Events beyond Quartiero's control that make performance impossible or materially more difficult, such as natural events, power outages, disruptions of networks or upstream providers, official measures or industrial action, release Quartiero from its obligation to perform for their duration.

Changes to these GTC

Quartiero may amend these GTC when the services, the operation or the legal requirements change. The customer is informed of material changes in advance. If the customer does not object within the communicated period and continues to use the services, the amended GTC are deemed accepted.

Final provisions

The customer may transfer rights and obligations under the contract to third parties only with Quartiero's written consent. Should a provision of these GTC be invalid, the rest of the contract remains valid, and the invalid provision is replaced by a rule that comes closest to the intended purpose. Side agreements require the written form.

Data protection

How Quartiero processes personal data is set out in the privacy policy. For processing on behalf of the customer, the data processing agreement applies.

Applicable law and jurisdiction

Swiss law applies exclusively, excluding the UN Sales Convention. The exclusive place of jurisdiction is the registered seat of Quartiero GmbH.