Terms & Conditions
General Terms and Conditions for Online Sales
1) Scope
These Terms and Conditions of mhiuv GmbH, Zurich (“mhiuv”) shall apply to all orders submitted or to be submitted by you for any item, service or subscription offered to you on or via the splitfish.com website (referred to in these Terms and Conditions as the "Products"), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software ("Hardware") and (ii) services offered by mhiuv from time to time ("Services"), which may include (separately or bundled) Internet-based services or location based services, data services, real time information services, or the provision of other data, information, (third party) functionality or content, whether offered to you on a subscription basis ("Subscription") or on a pre-paid basis and delivered in one or more parts.
2) Price and payment
a) Prices indicated on the website are excluding VAT. Shipping and handling charges (if any) may apply in addition to the price indicated on the website. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect orders for Hardware, (pre-installed) software ("Software") or Services made prior to the date of the change.
b) All orders must be paid for through the payment service as made available by mhiuv ("Payment Service"). In order to submit orders and use the Payment Service you must supply details of your payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order.
c) If, for whichever reason, collection through the Payment Service should fail mhiuv will invoice you by post or e-mail for the amount payable, which must be paid by bank transfer, PayPal or credit card within 14 days from the date of invoice.
3) Orders
a) Any order submitted is subject to acceptance by mhiuv. Only upon acceptance by mhiuv by way of an order confirmation the agreement is concluded.
b) mhiuv reserves the right to reject any orders in full or in part or to apply a maximum order amount.
c) All orders for Hardware are subject to stock availability.
4) Delivery and risk of loss
a) mhiuv will endeavour to deliver the Product within 30 days of order acceptance. If multiple Products are ordered, mhiuv reserves the right to deliver each Product separately.
b) Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you.
c) If you refuse or neglect to take delivery of the Products, mhiuv reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.
d) If delivery to you should fail for any reason outside of mhiuv's control, mhiuv reserves the right to cancel the agreement and refund part of any monies paid.
e) If mhiuv delivers a Product to you a Product on your device by mistake, you shall immediately inform mhiuv of its mistake by mail and you shall, at mhiuv's request, immediately arrange for the return of the Product (the costs of which shall be met by mhiuv).
f) Acceptance of a non-ordered Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with mhiuv.
5) Cancellation Policy Hardware
a) mhiuv allows you to cancel a purchase agreement for Hardware for any reason provided that it has not yet been used at any time during the 14 working days following the date of delivery to your delivery address, and will refund the purchase price actually paid. If you choose to cancel the purchase agreement for Hardware, you must contact mhiuv during the 14 working days following delivery by mail to obtain a RMA (Return Materials Authorisation) number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by mhiuv. mhiuv may charge you for any directly associated shipping or postage costs incurred.
b) You agree that the performance of Services by mhiuv will commence immediately on mhiuv's acceptance of your order. You will not be able to cancel such Services after such performance commences, which may include, but is not limited to, downloading, installing or activation of the Service by you.
6) Other Restrictions
Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyse it by means of reverse engineering, to decompile or disassemble the Products, to break or circumvent encryption or to allow or enable third parties to do so.
7) Limited Warranty
a) mhiuv does not and cannot warrant that the Products operate in a manner that is completely error-free nor that any information provided is always accurate.
b) mhiuv offers a limited warranty that the Hardware will be free from defects in workmanship and materials under normal use ("Defects") for a period of one (1) year from the date the Hardware was purchased, or from the date of purchase until such date as you breach any of these Terms and Conditions, whichever is the shorter period ("Warranty Period"). During the Warranty Period, the Hardware will be repaired or replaced by mhiuv ("Limited Warranty") without charge for either parts or labour. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. This warranty does not cover Services.
c) This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Hardware being opened or repaired by someone not authorized by mhiuv, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
d) mhiuv does not provide any warranties in respect of the Products in addition to the Limited Warranty stated in this clause 7. In particular, and to the maximum extent permitted by applicable law, mhiuv and its suppliers provide the Products "as is and with all faults", and hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Products, and the provision of or failure to provide support or other services, information, software, and related content through the Products or otherwise arising out of the use of the Products. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the Products. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
e) In order to make a claim under the Limited Warranty of a Defect, you must contact mhiuv by mail via during the Warranty Period to explain the Defect and to obtain a Return Materials Authorisation number if necessary. The Software or Hardware must be returned to mhiuv as soon as possible following your notification of the Defect, along with an explanation of the Defect, to the address provided by mhiuv. You must comply with any other return procedures stipulated by mhiuv, if any.
f) This Limited Warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
g) The provisions of this clause 7 do not affect any of your legal rights under applicable national legislation governing the sale of consumer goods.
h) This Limited Warranty is not transferable.
8) Limitation of Liability
a) To the maximum extent permitted by applicable law, neither mhiuv nor its suppliers and subcontractors shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the Products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Products, even if mhiuv has been advised of the possibility of such damages.
b) Notwithstanding any damages that you or any third party might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of mhiuv and any of its suppliers arising from or related to the use of the Products shall be limited to the amount actually paid by you for the Products concerned.
c) mhiuv shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
d) Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions shall limit either party's liability for death or personal injury resulting from its own negligence.
e) The above limitation of liability does not affect any legal rights under the applicable national legislation.
9) Privacy
mhiuv will not disclose information regarding your personal details, account or transactions to any third party other than in accordance with its Privacy Policy as indicated on the website. You hereby agree that you have read and accepted the Privacy Policy.
10) Links to Third Party Websites
mhiuv is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where mhiuv provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by mhiuv of the third-party site or service.
11) Third Party Rights
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
12) ForceMajeure
Force majeure means circumstances that impede the fulfilment of mhiuv's obligations under these Terms and Conditions which are not within mhiuv's reasonable control, including late and/or delayed deliveries and incomplete deliveries by mhiuv caused by circumstances beyond mhiuv's reasonable control. In a force majeure situation all of mhiuv's obligations shall be suspended. Should the period in which mhiuv cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
13) Survival
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
14) Severability
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and mhiuv are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
15) Governing law
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to Switzerland law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. Each party hereby submits to the non-exclusive jurisdiction of the courts of Switzerland in relation to any dispute arising under or in connection with this Agreement.
16) Translations
The English version of these terms and conditions is the prevailing version for your purchase.
Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact mhiuv for any reason, please do so by mail .
Please note that these terms and conditions may be amended from time to time without prior notice. You are advised to check it on a regular basis.
mhiuv Limited, 2023
