General Terms and Conditions
It Piece Club GmbH
1. Scope and General Provisions
These General Terms and Conditions (GTC) of It Piece Club GmbH, Ahornstrasse 8, CH-6300 Zug (hereinafter referred to as "It Piece Club"), apply to all business relationships between It Piece Club and its customers.
It Piece Club offers its customers new and used items for rent (rental items) through the website www.itpiececlub.com, which it owns and operates.
A customer is defined as any natural or legal person engaging in business relations with It Piece Club. Natural persons must be at least 18 years old.
The offerings of It Piece Club are exclusively directed to natural and legal persons with a residence or domicile in Switzerland.
These GTC apply exclusively. Any conflicting, supplementary, or divergent conditions require explicit written confirmation from It Piece Club to be valid.
By availing themselves of It Piece Club's services and using www.itpiececlub.com or entering into a contract, customers confirm comprehensive acceptance of these GTC.
For the sake of readability, masculine forms are used in these GTC for personal designations and specific nouns. Corresponding terms generally apply to all genders in the interest of equal treatment. The shortened language form is for editorial purposes and does not imply a bias.
2. Information from It Piece Club
The website www.itpiececlub.com, as well as prospectuses and promotional material from It Piece Club, contain information about new and used items available for rent. Price and assortment changes, as well as technical modifications, are reserved. All information (item descriptions, images, videos, dimensions, weights, technical specifications, and other details) is to be understood as approximate and does not constitute a guarantee of characteristics or warranties unless explicitly stated otherwise. It Piece Club strives to provide all information correctly, completely, up-to-date, and clearly, but It Piece Club cannot explicitly or implicitly guarantee this.
It Piece Club cannot guarantee that the offered items will be available at the time of order. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time without notice.
3. Prices
The price information on www.itpiececlub.com, in offers, as well as in prospectuses and promotional material from It Piece Club, is gross in CHF. It Piece Club is not subject to value-added tax.
Shipping costs are included in the rental price.
4. Conclusion of Contract
The offers on www.itpiececlub.com constitute an invitation to the customer to order items for rent. Offers from It Piece Club are binding when the respective item is displayed on www.itpiececlub.com. By ordering through www.itpiececlub.com, including accepting these GTC, the rental contract is concluded. It Piece Club then sends an automatic order confirmation via email, confirming the conclusion of the contract.
If, after the contract is concluded, the rental item cannot be delivered or delivered in full, It Piece Club is entitled to withdraw from the entire contract or part of the contract. If the customer's payment has already been received by It Piece Club, the payment will be refunded to the customer accordingly. If no payment has been made, the customer is released from the payment obligation. In the event of contract termination, It Piece Club is not obligated to provide replacement delivery or compensation.
Orders placed and completed rental contracts are binding for the customer. There is no right of termination for the customer. Accordingly, there is no refund of the rental price, even proportionally, for early return of the rental item.
Ownership of the rental item remains with It Piece Club.
5. Payment Terms and Rental Terms
The first monthly rent is due at the time of ordering.
The customer can choose from the payment methods provided during the ordering process. The general terms and conditions of the respective payment service provider apply.
By choosing an online payment method, the customer authorizes It Piece Club to collect the payment in the corresponding manner.
If a monthly installment cannot be debited, It Piece Club first sends a payment reminder and subsequent reminders, with It Piece Club being entitled to charge reminder fees.
In the event of loss of the rented item, the customer is required to pay a flat value or the replacement value of the rented item, at the discretion of It Piece Club. Both the flat value and the replacement value will be conclusively determined by It Piece Club, with the flat value not exceeding the replacement value.
For the loss of provided accessories (e.g., eyeglasses case), the customer owes It Piece Club a flat fee of CHF 20,00.
Normal wear and tear is included in the rental price and will not be not invoiced. In case of other accidental damage or excessive wear, the customer owes It Piece Club a repair fee of 20% of the replacement value.
6. Delivery, Inspection Obligation, and Complaints
The delivery times specified on www.itpiececlub.com are without guarantee and may change at any time.
Deliveries are sent to the address specified by the customer in the order. The delivery address may differ from the billing address.
The delivery period is usually 1-3 working days. With shipping, the benefits and risks pass to the customer.
If the delivery is undeliverable or the customer refuses to accept the delivery, It Piece Club can terminate the contract after notifying the customer via email and setting a reasonable deadline, as well as invoice the costs for the efforts.
The customer is obliged to inspect the delivered rental item immediately upon receipt and report any defects, for which It Piece Club provides a guarantee, in writing by email within 12 hours, including photos of the defects.
Returns to It Piece Club are at the expense of It Piece Club but at the customer's risk. The customer must send the respective rental item in its original packaging, complete with all accessories, along with the delivery note and a description of the defects to It Piece Club.
If, upon inspection by It Piece Club, it is determined that the rental item has a defect or that the defect is not covered by the manufacturer's warranty, It Piece Club can invoice the customer for the efforts, return, or possible disposal.
7. Duties of It Piece Club
It Piece Club is obliged to hand over the rental item in a condition suitable for the intended use at the agreed-upon time and to maintain it in the same condition. Deviations within industry-standard tolerances and wear and tear are to be tolerated by the customer and do not justify warranty claims. It Piece Club does not provide warranty for damages due to careless handling, ordinary wear and tear, non-compliance with applicable standards by the customer, inappropriate or improper use or maintenance, or excessive weather and other excessive physical influences. Consumables do not justify warranty claims.
Furthermore, the provisions of the Swiss Code of Obligations (particularly Art. 256 ff. OR) apply.
Warranty cases do not entitle the customer to compensation.
8. Tenant’s Duties
The tenant undertakes to provide only their own name and address data during registration or when placing orders and to order items for rent only in their own name. The tenant must promptly inform It Piece Club of any changes.
The tenant is liable for the consequences of the culpable misuse of their access data.
The tenant must use the rental item carefully and must not allow third parties to use it. Exceptions are persons in the same household, for whom the tenant assumes full responsibility.
If, despite a written warning from It Piece Club, the tenant breaches their duty of care to the extent that It Piece Club can no longer reasonably continue the lease, It Piece Club can terminate the contract without notice. The rent due until then must be paid by the customer.
The tenant must promptly report defects that they are not able to remedy themselves to It Piece Club. If the tenant fails to report the defect, they are liable for the damage incurred by It Piece Club.
Furthermore, the provisions of the Swiss Code of Obligations (particularly Art. 257f ff. OR) apply.
9. Rental Period and Return
The rental duration can be chosen for a period ranging from one to four weeks, commencing on the selected start date at the check out. The rental item must be returned to It Piece Club in a cleaned and flawless condition no later than the last day of the rental period. The postmark is decisive. In the case of late or omitted return, the rental is extended by one additional week, with the customer's credit card specified during the order being charged for an additional weekly rent and a penalty fee of CHF 50 per item. The customer expressly agrees to this. It Piece Club is entitled to declare, in case of late or omitted return of the rental item, not to extend the contract any further. It Piece Club will extend late returns up to four times and charge each time the penalty fee as well as the weekly additional rent before terminating the contract and charging the full replacement value.
In case of late or omitted return, It Piece Club is also entitled to terminate the extended rental contract with the customer without notice.
If the customer returns the rental item prematurely, there is no refund of the paid rental fee, even proportionally.
10. Liability
Furthermore, It Piece Club excludes any liability, regardless of its legal basis, as well as claims for damages against It Piece Club and any assistants and agents. In particular, It Piece Club is not liable for indirect damages and consequential damages, loss of profit, or other personal, material, and pure financial damages of the customer or third parties. Any further mandatory legal liability, such as for gross negligence or unlawful intent, remains reserved.
11. Changes to the GTC
These General Terms and Conditions can be changed by It Piece Club at any time. The new version becomes effective by notifying the customer via email, unless the customer objects in writing within 14 calendar days (email is sufficient).
12. Force Majeure
If timely fulfillment by It Piece Club, its suppliers, or third parties involved is rendered impossible due to force majeure, It Piece Club is exempt from fulfilling the affected obligations for the duration of the force majeure and a reasonable grace period after its end. If force majeure lasts longer than 30 days, It Piece Club can withdraw from the contract. It Piece Club reimburses the customer for any already paid compensation for services not yet performed.
Any further claims, especially claims for damages due to force majeure, are excluded.
13. Data Protection
The protection of customer data is important to It Piece Club. It Piece Club takes data protection seriously and ensures appropriate security measures. It Piece Club processes and maintains personal data in accordance with the provisions of the Federal Data Protection Act (DSG), the Ordinance to the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG), and, where applicable, other data protection regulations, especially the General Data Protection Regulation of the European Union (GDPR).
The customer agrees that It Piece Club uses their data for advertising purposes (online or print), in particular, to provide information about offers.
The customer has the option to object to these advertising purposes at any time by notifying It Piece Club (email is sufficient).
The data protection declaration of It Piece Club, available at www.itpiececlub.com, is referred to for further details.
14. Other Provisions
It Piece Club is entitled to transfer this contract or individual obligations therefrom to a third party at any time.
Should individual provisions of these GTC be wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions remain unaffected. The invalid and/or ineffective provisions are replaced by those that economically come closest to the purpose and intent of the invalid and/or ineffective provisions in legally effective ways. The same applies in the event of possible gaps in the regulation.
Furthermore, the provisions of the Swiss code of obligations apply.
In the event of disputes, only substantive Swiss law applies, excluding conflict of law norms.
The place of jurisdiction is Zug, to the extent that the law does not provide for mandatory places of jurisdiction.
Zug, January 31, 2024