General terms and conditions

Bailey – General terms and conditions

§1 Membership

Bailey offers a personalized subscription service where members can store personal information on NFC tags and retrieve it using NFC-enabled devices. The Service is provided by BaileyFindeMich GmbH and these Terms and Conditions govern your use of it. “Bailey Service,” “our Service,” or “the Service” refers to BaileyFindeMich GmbH’s personalized digital service that provides information and functionality on our websites and user interfaces. “You” refers to the member who creates the account and whose payment method is charged.

1. Your Bailey membership will automatically continue until terminated. To use the service, all you need is Internet access and an NFC-enabled smartphone, as well as one or more payment methods. These methods must be current, valid and accepted, and may be updated from time to time. If you do not cancel your membership before the billing date, we will deduct the membership fee for the next billing cycle from your payment method. We may offer special deals, plans or memberships from time to time. We reserve the right to withdraw an offer and block your account if we determine that you are not eligible.
2. You may cancel your membership at any time, but you will continue to have access to your account until the end of your billing cycle. Payments are non-refundable and we do not issue refunds or credits for incomplete membership periods or unused features. To cancel, go to the “Account” page and follow the instructions. Your account will be automatically closed at the end of the current billing period.
3. Changes in prices and subscription plans. We reserve the right to change our subscription plans and prices from time to time. However, price changes or changes to your subscription plans will not take effect until at least 30 days after we notify you.

§2 Purchase of goods

1. The presentation of goods in our Internet store is a non-binding invitation to you to order goods and does not constitute a legally binding contract offer on our part. The purchase contract is concluded only after you have successfully completed the ordering procedure.
2. The prices include the statutory value added tax and other price components. Shipping costs and customs/export fees may apply.
3. Unless otherwise specified, all items are ready for immediate shipment and will be delivered within 5 business days at the latest. The delivery period begins on the day after payment in advance and on the day after the conclusion of the contract for all other payment methods. If the deadline falls on a Saturday, Sunday or public holiday, the deadline ends on the next working day.
4. The ownership of the goods remains with us until full payment of the purchase price.

§3 Warranty

1. We do not guarantee that the service will meet the user’s expectations or that the user will achieve any particular goal with the service.
2. We do not guarantee that the offer will be available at certain times. In particular, we do not guarantee for disturbances, interruptions or failures of the offer.
3. By ordering a tag, the customer expressly confirms that he is in possession of an NFC-readable smartphone and is able to read the NFC tag properly.

§4 Limitation of liability

1. We shall only be liable for intent or gross negligence on the part of our legal representatives, employees or other vicarious agents. This shall also apply if we violate pre-contractual or ancillary contractual obligations or in the case of tort as well as in the case of damage caused by a defect or consequential damage caused by a defect. An exception exists only in the event of a breach of obligations that are essential for the achievement of the purpose of the contract.
2. We assume no liability in the event that a dog equipped with an NFC tag cannot be found. You acknowledge that locating dogs using NFC technology is dependent on various factors beyond our control and that the use of the NFC tag does not guarantee the successful location of the dog. You release us from any liability in relation to the location and return of the dog using the NFC tag.
3. In case of overwriting or tampering with the NFC tag, we do not assume any liability. In addition, any redemption obligation with respect to the affected NFC tag shall expire. The user/owner of the NFC tag bears full responsibility for any changes or manipulations to this tag and is liable for any resulting consequences or damages.
4. We assume no liability for damage or loss that may occur due to improper attachment or improper use of the trailers. It is your responsibility to ensure that the tags are firmly and securely attached to the dog collar and cannot fall off unexpectedly during use. We recommend that you check the trailers regularly to ensure that they are in good working order and show no signs of wear or damage.
5. Our liability is limited to foreseeable damages and in these cases is limited to CHF 500,- per case of damage. This limitation of liability shall not apply if one of our legal representatives or executive employees acts with intent or gross negligence or if another vicarious agent violates an obligation that is essential for achieving the purpose of the contract with intent or gross negligence.
6. The above exclusions or limitations of liability shall not apply to the absence of warranties or to damages due to injury to life, body or health.
7. The exclusions and limitations of liability in this section also apply to claims against our affiliated companies and data suppliers as well as our legal representatives, executive employees and other vicarious agents.

§5 Personal data

With regard to personal data, our privacy policy applies....

§6 Other regulations

1. These General Terms of Use and the relationship between the user and us shall be governed exclusively by Swiss law.
2. Should one or more provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
3. We reserve the right to change these Terms of Use at any time with effect for the future.

Last Updated: September 3, 2023