General terms and conditions of sale

General Terms and Conditions of Sale

1. PRICE
   • Prices are expressed in Swiss Francs, excluding taxes, and are stipulated ex-factory, including packaging. Shipping costs will be specified on the invoice.
   • Agreed prices are based on the price list in effect at the time the order is placed. Climkit SA reserves the right to make price adjustments without prior notice.
   • In the event of changes from our suppliers, price revisions may be considered. Prices not listed or relating to products not included in the catalogue must be subject to a prior agreement and confirmed in writing before any shipment.
2. PAYMENT CONDITIONS
   • Our invoices are to be paid within 30 days, net and without deduction, from the billing date, by bank transfer to the bank account indicated on the invoice.
   • Any other payment method must be subject to prior agreement and is subject to our approval.
   • In the event of default of payment, Climkit SA reserves the right to use all legal remedies to assert its rights.
3. SHIPPING / TRANSPORT
   • Shipping costs are the responsibility of the recipient.
   • Delivery costs are detailed on the invoice and are valid exclusively for Switzerland.
   • Upon receipt, the buyer is required to check the goods and report any problems to the carrier by making specific reservations on the delivery note.
4. SHIPPING / DELIVERY TIMES
   • Shipping/delivery times do not constitute a binding commitment for the seller and are for the seller's benefit. The buyer has the possibility To cancel the order after a period of 120 days without delivery.
   • No claim will be taken into consideration beyond 30 days from receipt of the goods.
5. ITEMS NOT LISTED IN THE CURRENT CATALOGUE
   • Items not appearing in the catalogue will be supplied at updated prices, previously communicated before the finalization of the order.
6. RETURNS
   • In accordance with our policy, no product returns will be accepted, except in the case of manufacturing defects.
   • In case of defect, please inform Climkit SA by email attaching a photograph of the defective product to the address “service@climkit.io”. Once the request is approved, please dispose of the defective product, and we will proceed with sending the new product at our expense.
7. TRANSFER OF OWNERSHIP
   • The transfer of ownership to the buyer occurs upon delivery of the goods to the carrier. Transport-related risks are the responsibility of the buyer.
   • In case of damage during transport, it is the buyer's responsibility to formulate claims directly with the carrier.
8. WARRANTY
   • Products listed in the catalogue benefit from a 24-month warranty from the date of shipment, excluding damage resulting from normal wear and tear.
   • Any claim must be made within 30 days of receipt. The seller reserves the right to proceed with replacement or refund, at its discretion.
   • Shipping costs for items covered by the warranty are borne by the seller once the right to the warranty has been recognized.
9. TECHNICAL CHARACTERISTICS
   • Technical characteristics may be modified during the validity period of the catalogue, except for changes to basic characteristics.
   • The customer is responsible for the recovery and treatment of electrical and electronic product waste.
10. EXECUTION OF ORDERS
    • In cases of force majeure, Climkit SA is exempt from the obligation to ship. Orders are accepted subject to the invalidity of clauses and only become binding after order confirmation.
    • Each item forming part of an order is considered an independent sale. Special services must be previously coordinated with the seller.
11. PERSONAL DATA PROCESSING
    • Climkit SA collects and processes data in accordance with Swiss legislation and the European General Data Protection Regulation 2016/679.
    • Data will be used in the context of fulfilling contractual obligations.
12. SEVERABILITY
    • In the event of the invalidity of certain provisions, the other clauses remain valid.
    • If any provision of this warranty is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
13. JUDICIAL JURISDICTION
    • The place of execution is Vevey, and all disputes are governed by Swiss law.

We thank you for your understanding and cooperation. This policy aims to guarantee a satisfactory experience for our customers while preserving the quality of our products.

Warranty

Only items listed in the current catalogue carry a warranty against any defect and/or quality and/or manufacturing defect for a period of 24 months from the date of shipment. The mandatory conditions of this warranty are as follows:

• Any claim must be formally addressed to Climkit SA, under penalty of forfeiture, electronically to the following address: service@climkit.io, within a strict period of 30 calendar days following receipt of the products in the event of visible defects or faults. In the case of hidden defects or faults, the claim must be made within thirty calendar days following their discovery. No claim will be considered beyond this period (i.e., 30 days after receipt of the goods at the address specified by the buyer).
• In the event of validation, both conventional and judicial, of any buyer claim, the seller undertakes, at its sole discretion, to replace the determined quantity of goods or to refund or cancel the corresponding invoiced amount.
• The costs of shipping and/or returning items under warranty are exclusively borne by the seller, provided that it has previously recognized the validity of the warranty claim, and this only with the carrier designated by the seller.
• The buyer acknowledges that the warranty offered by the seller covers the entirety of its potential liabilities, in order to protect it against any action for damages, direct and/or indirect, resulting from defects and/or faults in the goods, as well as any other claim or exception emanating from the buyer.
• Even in the event of a legitimate claim, the buyer cannot initiate actions or raise exceptions without first having honored overdue payments, nor delay or suspend payments at the agreed due dates.
• Damage resulting from normal wear and tear, inappropriate use, and lack of maintenance are not included in the warranty.
• Before any use of the product, the customer must carry out, under their own responsibility, all necessary checks to ensure that the products purchased are fit for the intended use and present no risk to persons or property.

Limitation of Liability: In no case shall Climkit SA be held responsible for consequential, incidental, indirect, special, or punitive damages arising from the use or performance of the product, even if Climkit has been informed of the possibility of such damages. The total liability of Climkit SA for any claim under this warranty shall not exceed the purchase price of the product.

Applicable Law and Dispute Resolution: This warranty is governed by the laws in force in Switzerland. Any dispute arising from this warranty or in relation to it, including any contractual or tortious dispute or claim, shall be submitted to resolution by arbitration in accordance with the arbitration rules of the Chamber of Commerce and Industry of Vaud (CVCI). The arbitrator's decision will be final and binding on all parties. Any arbitration will take place in Vevey, Switzerland. Arbitration costs will be borne in accordance with the CVCI arbitration rules.

Severability: If any provision of this warranty is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable.

Warranty Modifications: No modification or amendment to this warranty will be valid unless made in writing and duly signed by both parties. Climkit reserves the right to update or modify the terms of this warranty, and these modifications will be effective upon their publication on the website https://climkit.io. It is the buyer's responsibility to regularly consult these terms to be informed of any updates.