Terms & Conditions | Baumgartner Capital | SFO, Venture Capital, Private Equity & Advisory

Here you will find information about the provider, the Terms and Conditions, and the legal framework. In case of doubt, the original German version shall take precedence in legal matters.

Contracting party
On the basis of these Terms and Conditions (T&C), a contract is concluded between the customer and the provider and its authorized representative, as provided in the legal notice (Impressum) (hereinafter referred to as the “provider”).

Subject matter of the contract
This contract governs the sale of services in the field(s) of consulting and marketing offered by the provider. For details of each specific offer, please refer to the product description on the respective offer page.

Conclusion of contract
The contract is concluded in electronic commerce or via other means of distance communication such as telephone and email. The offers presented constitute a non-binding invitation for the customer to submit an order (offer), which the provider may then accept.

Term of contract
Unless terminated, the contract generally has a term of 1 year. The total price for the services during the contract period can be found on the invoice. The contract has a minimum term, which is generally 1 year. Upon expiry of the minimum term, the contractual relationship ends automatically.

Retention of title
Until payment has been made in full, the goods delivered remain the property of the provider.

Reservations
The provider reserves the right not to perform the promised service in the event of non-availability.

Prices, shipping costs, return costs
All prices are final prices including value-added tax (VAT).

Payment terms
The customer may pay exclusively by advance bank transfer or against invoice.

The invoice amount must be transferred to the account specified therein after receipt of the invoice, which contains all information required for the transfer and is sent by email. The customer is obliged to deposit or transfer the stated amount to the account indicated on the invoice within 14 days of receipt of the invoice. Payment is due without deduction from the invoice date. After the payment period—determined on a calendar basis—expires, the customer is in default without a reminder. For consumers, interest of 5 percentage points (%) above the base rate applies; for business customers, 9% above the Swiss National Bank base rate applies, in each case plus a flat default fee of CHF 100.00. The customer’s right of retention that is not based on the same contractual relationship is excluded. Set-off against the customer’s claims is excluded unless such claims are undisputed or have been finally adjudicated.

Right of withdrawal and customer service
The provisions on distance-selling contracts do not apply to customers who are entrepreneurs. Such customers therefore have no corresponding right of withdrawal due to a distance-selling contract. The provider does not grant such a right either.

Disclaimer of liability
The customer’s claims for damages are excluded unless otherwise provided for below. This also applies to the provider’s representatives and vicarious agents if the customer asserts claims for damages against them. Excluded from this are claims for damages by the customer due to injury to life, body, or health, or due to essential contractual obligations that must necessarily be fulfilled to achieve the purpose of the contract. This also does not apply to claims for damages arising from grossly negligent or intentional breaches of duty by the provider, its legal representatives, or its vicarious agents.

Prohibition of assignment and pledge
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has proven a legitimate interest in the assignment or pledge.

Data protection
In connection with the initiation, conclusion, execution, and reversal of a purchase contract on the basis of these T&C, the provider collects, stores, and processes data. This is done within the scope of the statutory provisions. For all further details, please refer to the comprehensive Privacy Policy.

Language, place of jurisdiction, and applicable law
The contract is drawn up in German. The further execution of the contractual relationship also takes place in German. Exclusively the law at the provider’s registered office applies. For consumers, this applies only insofar as no mandatory provisions of the state in which the customer has their domicile or habitual residence are restricted. The place of jurisdiction for disputes with customers who are not consumers, or who are a legal entity under public law, or a special fund under public law, is the provider’s registered office.

Severability clause
The invalidity of any provision of the T&C, Privacy Policy, or other documents shall not affect the validity of the remaining provisions.