Our General Terms and Conditions (GTC)
Preamble
In the event of any discrepancy between the German version of these GTC's and a translated version, the German version shall prevail.
1 Scope
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded by the customer (hereinafter referred to as "Customer") through the Online Shop www. lenotra.com (hereinafter referred to as "Online Shop"). The Online Shop is operated by Lenotra AG (hereinafter referred to as "Lenotra"). The Customer and Lenotra are hereinafter referred to individually as a "Party" and collectively as the "Parties". Furthermore, these GTC's apply to all legal transactions that are performed by Lenotra for and on behalf of the Customer as part of support and one-off Services (all legal transactions performed by Lenotra collectively referred to below as the "Contract").
The Customer may be an individual or a company, the following regulations are to be understood and applied in the appropriate context.
If the Customer agrees to the GTC on behalf of a company or other legal entity, he declares that he is authorized to bind that organization, its affiliates and all users accessing the Online Shop to these Terms and Conditions.
Lenotra reserves the right to change these GTC at any time. The relevant version of these GTC applicable at the time of the order, which cannot be changed unilaterally for this order or for the purchase of a support and one-time Service. Any general terms and conditions of the customer are hereby expressly contradicted.
Deliveries are made exclusively to countries that can be selected in the Online Shop.
2 Conclusion of the Contract, duration and termination
The Contract is concluded with Lenotra for Lenotra Products or Services as soon as the Customer places his order in the Online Shop.
The arrival of an online order is notified to the Customer by means of an order confirmation from Lenotra to the e-mail address registered by the Customer during the ordering process.
The automatically generated order confirmation in the Online Shop does not contain any assurance that the Product can actually be delivered. It merely indicates to the Customer that the placed order has arrived at the Online Shop and thus the Contract with Lenotra has been concluded subject to the possibility of delivery and the correct indication of the price.
The duration of the respective subscription term is displayed to the Customer in the Privacy-Widget of the Mobile. The Contract ends if the Customer does not renew the subscription terms before they expire. During current subscription terms, the Contract cannot be terminated.
Termination for cause is reserved at any time. Lenotra is in particular entitled to terminate the Contract without notice if the Customer (I) is in default with payments, (II) has provided false information during the conclusion of the Contract (e. g. during registration), (III) uses the Services or Products of Lenotra inappropriately or (IV) violates any other material provision of the Contract or these GTC.
The termination of the Contract results in access to Lenotra's Services being blocked for the Customer. Upon termination of the Contract, Lenotra deletes the customer account including the data/documents contained in the applications. The assertion of damages resulting from this by the Customer is excluded.
3 Products and Services
3.1 General: Products and Services offered
Images of Products on the Lenotra website, in the Online Shop, in the Lenotra FAQ, social media, etc. are for illustrative purposes only and are non-binding.
Lenotra offers various Products in its Online Shop, some with selectable options and runtimes:
• mobile phones (hereinafter referred to as "Mobile or Mobiles")
• Cloud Services (hereinafter referred to as "Nescht")
• Subscriptions for Mobile and Nescht consisting of Services and licenses
• Product bundles such as mobile phone & cloud Services (hereinafter referred to as "myLeny"), Mobile+Nescht=myLeny
• Term extensions for Mobile subscription and for Nescht subscription
• Increase of the memory rate for Nescht
The specific provisions for these Products are set out below (Clause 3.2-3.3).
Lenotra provides its Services in accordance with the provisions of these GTC, the descriptions published on the website and in the Online Shop of Lenotra at the time of purchase. Lenotra provides its Services professionally and carefully.
Lenotra may use auxiliary persons (particularly subcontractors) in Switzerland and abroad to provide its Services.
3.2 Mobile – Mobile phone
3.2.1 Receipt and commissioning
Upon receipt of the Mobile, the Customer shall comply with the obligations set out in Clause 7.
The Mobiles offered by Lenotra are delivered pre-configured to the Customer. A commissioning is only possible with information that has been delivered to the Customer.
3.2.2 Access and restoration of access
To be able to access the Mobile, an authentication with a PIN code is required. The initial PIN code will be provided to the Customer after the purchase and must be immediately replaced by a new PIN code chosen by the Customer. The data stored on the Mobile is encrypted. The decryption can only be done by means of the valid PIN code. Lenotra and its employees cannot unlock the Mobile without permanently deleting all the data on it. Lenotra and its employees have no access to the data at any time before or during this process.
In order to be able to restore access by the Customer in the event of loss of the PIN code, methods and information are available to the Customer which allow the Customer to regain access. Lenotra, its employees and any subcontractors commissioned by Lenotra do not have the Customer’s information to enable them to regain access.
3.2.3 Distribution and installation of updates and (security) patches
So that innovations, fixes and adaptations (to improve security and/or user experience, but not limited to) can be installed on the Mobile, the Mobile can be "delivered" remotely by means of appropriate software updates. A subsequent installation, should this lead to the momentary impairment of the use of the Mobile, will be displayed to the Customer and must be initiated by the Customer manually.
3.2.4 Mobile-Subscription
When purchasing a Mobile (as part of the purchase of a myLeny or as an additional Mobile), the Customer acquires a Mobile subscription for the duration selected by the Customer during the purchase process in the Online Shop. This includes:
• The right to receive updates provided by Lenotra (see Clause 3.2.3)
• Licenses for licensed apps installed on delivery
• The right to use the VPN Service installed upon delivery (see Clause 3.2.5)
Upon expiry of the subscription, the above rights and licenses expire. If a Mobile is purchased as an additional Mobile or as a replacement for a Mobile originally purchased as part of the purchase of a myLeny, the term of the Mobile subscription is independent of the Nescht subscription.
The Mobile subscription can be extended accordingly in the Online Shop of Lenotra. The expiration date of the Mobile subscription will be displayed to the Customer on the Mobile. The Mobile subscription is personal and cannot be transferred to third parties.
3.2.5 VPN-Service
The VPN Service, which can be used via Mobile, is a no-log VPN Service. When the Customer uses the Service, Lenotra and its data processor will not perform any of the following actions:
• Log user traffic or the content of any communications
• Discrimination of protocols or applications.
The correct functioning of e.g. streaming Services cannot be guaranteed, as these Services are not within Lenotra's sphere of influence and some of its providers use measures against the use of VPN Services.
• Throttling of the Customer's internet connection.
The VPN Service of the Mobile allows the Customer to bypass government and ISP censorship (ISP=Internet Service Provider, the Internet provider that the Customer uses, mobile [WWAN] and/or stationary [WLAN]). If you use the Service from a country that uses censorship by law, the Customer understands and accepts that by using the VPN Service censorship he is at his own risk. Lenotra and the VPN Provider may not recognize the jurisdiction of the country in which the Customer lives/uses the Product, and/or Lenotra and the VPN Provider may not be able and/or authorized and/or willing to monitor the Customer’s communications.
The VPN Service of the Mobile allows the Customer to use applications that are not allowed by their ISP and/or their government. If the Customer uses the VPN Service from a country that prohibits the Applications by law and/or uses an ISP that discriminates against the Service and/or Protocols and/or Applications and/or Data Packet Sender and/or Data Packet Recipient, the Customer acknowledges that it is acting at its own risk. Lenotra and the VPN provider may not accept the jurisdiction of the country where the Customer lives/use the Product. Lenotra and the VPN provider are not able and/or authorized and/or willing to monitor the Customer's communications. Lenotra and the VPN provider may not be bound by any contractual agreement with the Customer's ISP or any other private party.
By using Lenotra Mobile and the VPN Service, the Customer agrees to:
• Not to use the VPN Service to violate in any way, directly or indirectly, the European Convention on Human Rights (https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=005) .
Should the Customer live in a country with laws / use the Product that allow such violations, the Customer nevertheless agrees to comply with the European Convention on Human Rights.
• Not to use the VPN Service to damage and/or endanger the business and/or reputation of Lenotra, the VPN provider, employees, subscribers, facilities of the aforementioned and/or any other person.
• Not to rent, lease, lend, sell, resell, sublicense, distribute or otherwise transfer the Mobile and/or the VPN Service without the prior written consent of Lenotra and the VPN Provider.
• Remove, circumvent, disable, damage, or otherwise interfere with non-security features of the VPN Service or its features that constitute restrictions on the use of the Service.
• Not to intentionally disrupt or damage the operation of the VPN Service by using any means, including uploading or otherwise spreading e.g. spam, viruses, adware, spyware, worms, etc. or other malicious code.
• Not to use the VPN Service to compromise security measures and/or gain (or attempt to obtain) unauthorized access to any device or system on the Internet (including attempting to obtain the full port scan).
• Not to use the VPN Service for the direct or indirect purpose of instigating, assisting or enabling copyright infringement and/or any breach of privacy by obtaining and/or storing any data.
• Access to websites and web Services may be blocked by the provider of these and/or the Internet Service Provider (ISP) chosen by the Customer for VPN connections. Such measures are beyond the influence and responsibility of Lenotra.
If the Customer chooses to access websites, Services or content and/or purchase Products from third parties while using the VPN Service, the Customer's personal data may be disclosed in accordance with the Customer's choice. Lenotra and the VPN provider cannot prevent the transmission of personal data if the Customer actively chooses to do so. How third parties process and use data and personal information of the Customer when using their Internet offer is governed by the security, privacy and other policies (if any) of the third party and not those of Lenotra and/or the VPN provider. Lenotra and the VPN provider are not responsible for third parties, their policies or compliance with them.
The VPN Service is personal and cannot be transferred to third parties.
3.2.6 Country-specific restrictions on acquiring a Mobile
The Mobiles offered by Lenotra contain technical protection measures such as, but not limited to: encryption of the data on the device, encryption of Internet traffic, function for setting the GPS location of the device.
The Online Shop of Lenotra only allows orders with delivery to countries where Lenotra knows that the import of the above technical protection measures is not prohibited. However, Lenotra assumes no responsibility for the completeness and correctness of the offered country selection list. Before purchasing a Product with mentioned or other technical protection measures, the Customer is responsible for clarifying the legally compliant import into the country of his choice.
Lenotra does not provide any compensation for goods retained by authorities in the importing country. Lenotra rejects any further consequences and/or claims of any kind, whether by the Customer, foreign authorities or third Parties, since the responsibility for the import of the goods lies solely with the Customer.
3.2.7 Retention of title
Products ordered remain the property of Lenotra until full payment has been made to Lenotra. Lenotra is entitled to make a corresponding entry in the retention of title register. Prior to transfer of ownership, a pledge, transfer by way of security, processing or alteration is not permitted without the express consent of Lenotra.
3.3 Nescht – Cloud Services
Nescht is a personal cloud environment that serves the Customer to store, view, partially edit and synchronize his data in Nescht, his Mobile and, at the Customer’s choice, his PC and/or other IT devices.
3.3.1 Authentication
In order to access the data stored by the Customer in Nescht, it is necessary to authenticate with a Nescht ID, password and a second factor, which is available via the Mobile. Appropriate secure authentication methods are implemented for the access of applications and apps, e. g. for the purpose of background synchronization.
In the event of a loss of information required for the Customer to access Nescht, the Customer shall have at his disposal methods and information that will allow the Customer to regain access. Lenotra, its employees and any subcontractors commissioned by Lenotra do not have the information of the Customer that would allow the regaining of access.
3.3.2 Encryption
The data stored by the Customer is stored on Nescht in encrypted form. Lenotra and its employees cannot access the data stored by the Customer or, in the case of synchronized backup data of the Mobile on Nescht, decrypted. If Lenotra is required by a court order by law enforcement authorities in accordance with Swiss law to hand over data stored by the Customer in his Nescht, Lenotra will comply. Lenotra can only release this data in encrypted form.
3.3.3 Nescht-Subscription
When purchasing a myLeny, the Customer acquires a Nescht subscription for the duration selected by him during the purchase process in the Online Shop. This includes:
• The right to use the Nescht functionality provided to the Customer (corresponding to the scope of Services indicated during the purchase in the Online Shop), as well as possible function extensions and function/security updates.
• The right to the storage of data to the extent of the included storage quota indicated in the Online Shop during the purchase (hereinafter referred to as "Nescht-quota").
Upon expiry of the subscription, the above rights and licenses expire. The expiration date of the Nescht subscription is displayed to the Customer on the mobile device.
The data stored by the Customer in Nescht will be irrevocably deleted after the subscription has expired. The Customer is responsible for an appropriate prior data backup.
Nescht subscriptions are personal and cannot be transferred to third parties.
3.3.4 Nescht-Quota
The Nescht quota displayed by the Customer when purchasing in the Online Shop (including quota or extended Nescht quota) is displayed to the Customer in gigabytes ("GB"), (see definition: https://techterms.com/definition/gigabyte).
The Nescht-quota, which is available to the Customer, can be increased by the Customer at any time by purchasing a quota increase in the Lenotra Online Shop, but not reduced.
The Nescht-quota currently selected and paid by the Customer as well as the Nescht-quota currently used by the Customer are displayed to the Customer on the Mobile.
An increase in the Nescht-quota shall take effect immediately after receipt of payment. The costs are calculated for the remainder of the Nescht subscription period. Renewal of the Nescht subscription always includes the Nescht-quota previously paid by the Customer at the time of renewal.
The Customer accepts that protective and/or functional mechanisms of the Mobile account for part of its Nescht-quota.
4 Prices and terms of payment
4.1 Principles
All total sales prices published in the Online Shop represent final prices, which include all taxes (in particular Swiss VAT), any advance recycling charges (ARF), packaging costs, any further duties, fees, or costs. In the case of deliveries to delivery addresses outside Switzerland, Services that are not provided in Switzerland are exempt from Swiss VAT. In the case of deliveries abroad, VAT, customs duties and other fees may be payable by the Customer in accordance with the regulations in force in the country of import. Lenotra reserves the right to change the prices of the Products and Services offered at any time. Decisive is the price in the Online Shop at the time of the order.
4.2 Prices for additional Services
Charged additional Services ordered from Lenotra, such as support, one-time recovery and extended support Services, etc., are offered to the Customer in advance (offer via e-mail and payment link). Payment by the Customer means acceptance of the offer by the Customer. After the execution of the activities specified in the order, the Customer receives an invoice by e-mail, which lists the expenses according to the offer and additionally any additional Services/extra expenses incurred. Any additional Services/expenses are submitted to the Customer for approval prior to execution (e-mail) and are deemed to have been placed after payment (via the received payment link).
4.3 Payment conditions
In the Online Shop, the Customer can select the desired currency (from the options available in the Online Shop) for payment as well as the desired means of payment (from the options available in the Online Shop). The conversion of exchange rates is carried out by means of an average exchange rate stored in the Online Shop which is regularly adjusted by Lenotra and is considered accepted upon payment by the Customer. The Customer is obliged to make all payments exclusively to Lenotra.
The payment options offered as a means of payment in the Online Shop under "Payment Options" are available to the Customer. The current payment fees, which may be charged by Lenotra, are visible under "Payment Options" and are shown in detail during the order process. When paying by credit card or other means of immediate payment, the charge will be made at the time of placement of the order.
4.4 Shipping costs
The shipping costs are calculated on the basis of the shipping address entered by the Customer during the ordering process and shown in the shopping cart.
4.5 Late payment by the Customer
If the Customer fails to meet his payment obligations in whole or in part, the Customer will be in default upon expiry of the payment period without further reminder. At the same time, all outstanding amounts owed by the Customer to Lenotra under any title shall become due immediately and Lenotra can demand immediate payment of these amounts and suspend further deliveries of Products and/or Services to the Customer.
Lenotra will charge a collection fee of CHF 20.—for the second reminder and CHF 100.—for the third reminder.. In the event of unsuccessful reminders, the claims may be assigned to a company entrusted with debt collection. Effective annual interest (default interest) of up to 15% on the outstanding invoice amount may also be charged from the time of the default. The company entrusted with the collection will enforce the outstanding amounts in its own name and on its own account and may charge additional processing fees.
5 Change of order or cancellation
Orders oblige the Customer to accept the Products and Services. Subsequent changes or cancellations of Customer’s orders may be accepted by Lenotra at its sole discretion and charge a sales compensation of 20% of the value of the cancelled order, but at least CHF 60 (or, if paid in another currency, the same equivalent in the Customer’s choice currency), as well as any loss in value of the cancelled Products since their order.
If after an order or the conclusion of the Contract according to Clause 2 a (partial) impossibility of delivery (resolutory condition) occurs, the Customer will be informed immediately by e-mail. If the Customer has already paid, this amount will be refunded. If no payment has yet been made, the Customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
6 Availability, delivery time and delivery
Lenotra attaches great importance to providing current and accurate availability and delivery times in the Online Shop. Delivery delays may occur, in particular due to production or delivery bottlenecks. All information regarding availability and delivery time is therefore without guarantee and may change at any time. In the case of Lenotra Products, the Customer has the option of having them delivered to an address specified by the Customer during the ordering process, or to a parcel forwarding Service chosen by the Customer (a Service provided by a third Party outside the responsibility of Lenotra and not included in the Product price or delivery costs).
If the Customer does not accept the ordered Products on the agreed or indicated delivery date, Lenotra may terminate (cancel) the Contract and invoice the Customer for the incurred delivery costs and any loss of value.
7 Duty to inspect
The Customer must immediately check delivered Products for correctness, completeness and delivery damage.
Since the Mobile is an integral part of maintaining the data security and anonymity of the Customer, the packaging must be carefully checked outside and inside for manipulation by the Customer, in case of suspicion or obvious opening of the packaging during transport, the Customer must immediately report this to Lenotra (using the online form offered in the Lenotra FAQs). Commissioning must be refrained from until the incident has been clarified and written confirmation (e-mail) has been received from Lenotra.
Delivery damage, incorrect and incomplete deliveries must be reported to Lenotra within 5 calendar days from the time of delivery. Such a notification must be made via the online form offered in the FAQs of Lenotra. The Customer may not put such a Product into operation. Keep it as received in the original packaging and follow the instructions of the return and returns process as noted in the Lenotra's FAQ's.
8 Return of defect-free goods
8.1 Principle
Lenotra grants the right to return the Products ordered under the conditions listed in the Return Policy.
The Customer must register the return of the Products using the online form offered in the Lenotra FAQs and return them in accordance with the instructions described there. The Products must be professionally packaged with all accessories in the original packaging. Damaged Products will not be taken back or refunded to the Customer.
When handing over a data carrier or a Product with a data storage device contained therein to Lenotra, a complete loss of data must be expected in any case. The Customer is responsible for proper data backup and protection of his data. Lenotra assumes no liability for any data loss.
If the Customer makes use of his right of return, Lenotra will refund the total purchase price minus the return costs listed in the return policy.
In this context, the Customer assures Lenotra that the information and listing of the returned Products according to the online form completed by the Customer are complete and correct, and that the return shipment actually contains the Products specified in the online form. The Customer shall indemnify Lenotra in full against all third Party claims relating to an incomplete or incorrect customs declaration caused by the Customer. Lenotra reserves the right to check the information provided by the Customer on a random basis.
8.2 Deadline for return
The deadline for returning an order is 14 calendar days from receipt of the order.
8.3 Costs for returning an order
The Customer bears the costs of a return/return shipment in full.
8.4 Compensation for expenses
• Unopened undamaged original packaging: none
• Opened packaging or used Product: at least 10% of the order value excluding shipping costs or a minimum deduction of CHF 50 (or, if paid in another currency, the same value in the Customer's chosen currency)
8.5 Registration of the return
The return must be registered online using the online form provided in the Lenotra FAQs as follows:
• List the reason for return and packaging condition
• Indicate how the Customer will return the Product (specify shipping route / company)
• Note the return sender, their e-mail address and order number on the packaging
• Pack the returns in protected packaging
• Post the return shipment (registered mail)
• As soon as the goods arrive at Lenotra, they are inspected and a possible refund is initiated.
The Customer can report a damaged, defective or non-functioning Product online using the online form provided in the FAQs of Lenotra.
8.6 Unallocable returns
Returns that cannot be allocated to any Customer or returned to the Customer will be kept by Lenotra for six months and then disposed of.
9 Warranty
9.1 Basic provisions
Lenotra guarantees that the ordered hardware Product (Mobile) is free of defects and functional for 2 years after the delivery of Products. No warranty is given for Services (such as providing cloud Services, update Services for devices, VPN Services, help and support sites, etc.), as well as for software/licenses. The warranty period continues regardless of the provision of any warranty Services. Lenotra can choose to fulfil the warranty by:
• free repair (original warranty period continues on all Products);
• partial or complete replacement with an equivalent used Product. (For replacement in the 1st year of warranty, the original warranty period continues, in case of replacement in the 2nd year of warranty, the warranty period is 1 year from the date of exchange);
• Replacement with a new Product by Lenotra (new warranty period of 2 years from replacement)
• credit at the daily price, (not higher than the selling price at the time of the order); or
• reductions.
9.2 Restrictions
Excluded from the warranty are in particular but not exhaustive:
• Operating materials and consumables such as batteries, rechargeable batteries, chargers, cables, adapters, user manuals, etc.;
• Defects due to normal wear and tear, improper handling and intentional or negligent damage by the Customer or third parties;
• Defects where there are concrete signs that they are due to the action of fluid, moisture or other external effects (fall, pressure, impact or transport damage);
• In the case of devices sold as “water-proof”, “water-repellent” or the like, the scope of protection against water damage depends on the manufacturer’s specifications. If this protection decreases as a result of wear and tear or external influences, the warranty in the event of liquid and moisture damage is excluded.
• The warranty expires in the case of interventions not performed by Lenotra or by a company authorized by Lenotra;
• Furthermore, the exclusions of liability according to Clause 11 apply.
When transferring a data carrier or a Product with a data storage device contained therein to Lenotra, a complete loss of data must be expected in any case. The Customer is responsible for proper data backup and protection of his data. Lenotra assumes no liability for any data loss.
Lenotra may, at its own discretion, provide the Customer with a replacement device / replacement device during the examination of the warranty claim (replacement subject to reservation). This takes place under the (suspensive) condition that a warranty claim actually exists. Thus, the Customer only acquires ownership of the replacement Product at the time of Lenotra's guarantee commitment. If Lenotra rejects a warranty claim, the Customer may purchase the replacement device at the value of the goods at the time of delivery, or he is obliged to return the replacement device at his own expense. Before the delivery of a replacement device / replacement device, a security payment must be made by the Customer, which corresponds to the value of the replacement device / replacement device plus the shipping costs.
All further and in particular the statutory provisions for warranty are excluded.
The mobile phones sold by Lenotra are not subject to the warranties and warranty terms of the Original Equipment Manufacturer (OEM), but only to the warranties and warranty terms of Lenotra.
9.3 Additional provisions for second-hand goods
Different provisions apply to the already discounted Products, which are marked as "New + Tested", "Used + Tested" or "Refurbished" in the Online Shop. They may have slight optical defects or be repaired Products. These optical defects are excluded from the warranty and are mentioned in the item details. Otherwise, the warranty period of at least one year after delivery applies to these Products.
The Customer is aware that he is purchasing a used electronic Product which may contain personal data of the previous owner/user and Lenotra declines any liability in this regard.
9.4 Non-deliverable guarantee goods
If goods related to the provision of the warranty cannot be returned within six months of dispatch of the shipping confirmation (e-mail to the mail address registered by the Customer), Lenotra shall be entitled to make use of the goods, in particular to dispose of them.
10 Repair outside of warranty
The costs for a repair outside the warranty according to these GTC shall be borne by the Customer. Lenotra reserves the right to charge the Customer the costs of examining the alleged defect as well as the shipping costs in advance in the case of devices which do not show any identifiable defects or where the defect is not covered by the warranty according to these GTC.
11 Liability and indemnity
11.1 Liability
Liability is based on the applicable statutory provisions. However, in no event shall Lenotra be liable for (I) slight negligence, (II) indirect damages and consequential damages and lost profits, (III) unrealized savings, (IV) damages resulting from delay in delivery and (V) any acts and omissions of Lenotra’s auxiliary persons, whether contractual or non-contractual.
Furthermore, Lenotra also declines liability in the following cases:
• Improper, non-contractual or unlawful storage, discontinuation or use of the Products or improper, non-contractual or unlawful use of the Services;
• Use of incompatible spare parts or accessories (e.g. power supply) on the Products;
• failure to maintain and/or improper modification or repair of the Products by the Customer or a third party;
• damage caused by elements, moisture, falls and impact, etc. to Products, for which Lenotra is not responsible;
• force majeure, if the provision of Lenotra's Services is temporarily interrupted, partially or wholly limited or impossible. Force majeure includes natural events of particular intensity (avalanches, floods, landslides, etc.), acts of war, riots, sabotage, DDOS attacks, hacking, malware, ransomware, terrorism, unforeseeable official restrictions and pandemics.
Lenotra fully excludes any liability for loss or damage of any kind, whether direct, indirect or consequential, which might be incurred from the use of or access to the Lenotra websites or from any links to third party websites. Lenotra does not guarantee that the individual parts of its website will function correctly. Furthermore, Lenotra declines any liability for manipulation of the computer system of the Internet user by unauthorized persons.
Lenotra also declines any liability for all data stored on the Mobile and/or Nescht of the Customer, as well as for the loss of corresponding data.
11.2 Indemnity
The Customer shall indemnify Lenotra in the event of legal claims by third parties or authorities relating to data, content or operating resources provided by the Customer (especially software licenses) or the non-legally compliant use of the Services, and shall ensure and pay for an appropriate defence against such claims.
12 Availability and support
12.1 SLAs – Availability and Service level
The following Service level agreements ("SLAs") apply to the Products purchased by the Customer in the Lenotra Online Shop:
• For hardware components (e. g. Mobile), the associated operating system as well as the software components and functions installed upon delivery and renewed at a later date and/or additional software components and functions (including VPN) SLAs do not apply, the provisions of Clause 9 shall apply.
• The following SLAs apply to cloud Services (Nescht):
- Availability/accessibility of Nescht and all related Services : best effort
• For support Services:
- Time to resolution : best effort
12.2 Support
Finding solutions for the Products offered by Lenotra and purchased in the Online Shop is greatly facilitated by the self-help content in the FAQ of the Lenotra website.
Competent support staff are also available. They can be contacted as follows:
• Using the context-based support request forms available in the FAQ of the Lenotra website
• By means of the chat support available in the FAQ of the Lenotra website (please note the online times and availability indicated on the website)
There are no fixed support times.
13 Property rights and rights of use
13.1 Principle
Unless otherwise agreed in the Contract or in these GTC, no rights of ownership or use are transferred in connection with the provision of Services by Lenotra.
13.2 Rights of use to software
Where and to the extend as rights of use or licenses are transferred within the scope of the subscriptions between Lenotra and the Customer (to subscriptions or to the VPN Service), Lenotra grants the Customer a non-transferable and non-sublicensable right to use the Service in question, limited to the term of the Contract.
13.3 Property rights on Mobile
Ownership of Mobiles passes to the Customer upon full payment of the purchase price by the Customer.
The Customer is entitled to transfer ownership of the Mobile to third Parties. The Customer is obliged to inform Lenotra of any transfer of ownership. When ownership of the Mobile is transferred to a new owner, Lenotra removes or blocks the applications installed on the Mobile. The subscription is non-transferable and does not pass to the new owner together with the ownership of the Mobile. The Customer may not pass on his access data to the new owner.
13.4 Copyright on the Website
All rights, including copyrights, to these GTC are held by Lenotra.
Any reproduction, distribution or other use is prohibited and is only permitted with the express written consent of Lenotra. Lenotra reserves the right to take all legal action in the event of a breach of this provision.
14 Data protection
Responsible and legally compliant handling of personal data is important to Lenotra. Lenotra complies with applicable law at all times, in particular the Swiss Federal Data Protection Act (FADP) and the associated ordinance and, if and to the extent applicable, the European General Data Protection Regulation (EU-GDPR).
The Privacy Policy applies to the processing of personal data by Lenotra.
15 Duties of the Customer
The Customer is responsible for determining his access rights. The Customer acknowledges that his access rights cannot be transferred. The Customer is obliged to treat the authentication elements obtained in connection with the use of the Services of Lenotra confidentially and not to pass them on to third parties. The Customer will be charged for any unauthorized use and additional charges may apply. In the event of loss, misuse or suspected misuse of an authentication element, the authentication element concerned must be changed immediately.
The Customer is prohibited from using the data and software obtained or made available by Lenotra for free or for non-material purposes or purposes of third Parties, from collecting, copying, exploiting, publishing, disseminating, passing on, disassembling, decompiling, storing or otherwise duplicating the data.
The Customer is responsible for assessing and specifying the requirements of the laws and regulations applicable to his activity. Unless explicitly agreed upon by Contract, Lenotra assumes no responsibility for ensuring that its Products and Services are suitable for compliance with any laws and regulations applicable to the Customer or its industry.
With respect to the Products and Services purchased from Lenotra (goods, software and technology), the Customer complies with all applicable export/import control regulations (export, import or transit of goods), in particular of the USA, including sanctions and embargoes.
16 Termination of Services by Lenotra
In the event of detection or reasonable indications of security threats, illegal or abusive use or use of equipment causing disturbances, Lenotra reserves the right to take measures to prevent or reduce the threat of damage. Lenotra will inform the Customer immediately and if possible beforehand. The measures shall include in particular:
• The request for immediate and permanent resp. effective prevention of illegal or abusive use and removal of equipment causing disturbances; as well as extraordinary termination for good cause;
• The immediate and temporary interruption of the contractual Services concerned (e.g. temporary blocking of access Services).
The taking of such measures does not constitute a breach of contract by Lenotra, insofar as it is not responsible for the cause of the disturbance/threat itself.
Lenotra may also discontinue all Services immediately if the Customer violates an essential provision of these GTC or the Contract.
17 Terms of use Lenotra websites
17.1 Use of Lenotra websites
All content (design, text, graphics, etc. ) of the Lenotra websites is protected by copyright. The individual elements of the website belong exclusively to the website operator Lenotra. The storage or printing of individual pages and/or parts of the Lenotra websites is only permitted with a complete indication of the source. By storing or otherwise copying software or other data from the Lenotra websites, the respective terms of use are deemed to be accepted. All property rights remain with Lenotra. The reproduction (complete or partial), transmission (electronically or by other means), modification, linking or use of the Lenotra Websites is only permitted with the express and written consent of Lenotra.
Furthermore, the use of tools which systematically and automatically retrieve, index and/or transmit contents of the Lenotra websites (e.g. so-called spider, crawler and other automated tools) is prohibited. Lenotra expressly reserves the right to take action against the causers, namely the claim of damages.
17.2 Linked sites (links)
Certain links on the Lenotra websites lead to websites of third Parties. These are completely outside the influence of Lenotra, which is why Lenotra assumes no responsibility for the correctness, completeness and legality of the content of such websites as well as for any offers and (Services) contained therein.
18 Miscellaneous
18.1 Offsetting
The offsetting of claims is only permitted with the consent of the other Party. In the event of bankruptcy, offsetting by the creditor is possible without the consent of the creditor within the framework of the statutory provisions.
18.2 Assignment
The rights and obligations arising from the respective Contracts can only be assigned and transferred to third parties with the written consent of the other Party. However, Lenotra may at any time assign and transfer the rights and obligations to another company with its registered office in Switzerland with discharging effect.
18.3 Salvatory clause
Should parts of the Contracts prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions or the validity of the respective and other Contracts. The invalid or ineffective provision shall be replaced by a provision that comes closest to the intention of the Parties.
18.4 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
19 Jurisdiction and applicable law
All legal relationships between Lenotra and the Customer, including these GTC and all Contracts based on them, are exclusively governed by Swiss law. The Parties declare that the conflict-of-law rules of private international law and the United Nations Convention on the International Sale of Goods of 11 April 1980 do not apply.
The exclusive place of jurisdiction is CH-9100 Herisau.