General terms and conditions of sale

General Terms and Conditions of Sale

  1. PRICES
    • Prices are quoted in Swiss Francs, exclusive of tax, and stated ex-works, packaging included. Shipping costs will be specified on the invoice.
    • Agreed prices are based on the price list valid at the time the order is placed. Climkit SA reserves the right to adjust prices without prior notice.
    • In the event of changes by our suppliers, price revisions may be contemplated. Prices that are not detailed or relate to products not listed in the catalogue must be subject to a prior agreement and confirmed in writing before any shipment.
  2. PAYMENT CONDITIONS
    • Our invoices are payable within 30 days, net and without deduction, from the invoice date, by bank transfer to the account indicated on the invoice.
    • Any other payment arrangement must be subject to prior agreement and is subject to our approval.
    • In case of non-payment, Climkit SA reserves the right to use all legal remedies to assert its rights.
  3. SHIPMENT / TRANSPORT
    • Shipping costs are borne by the consignee.
    • 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 issues to the carrier by issuing 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 their benefit. The buyer has the option to cancel the order after a period of 120 days without delivery.
    • No claim will be considered beyond 30 days from the receipt of the goods.
  5. ITEMS NOT LISTED IN THE CURRENT CATALOGUE
    • Items not listed in the catalogue will be supplied at updated rates, communicated in advance 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 “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
    • Transfer of ownership to the buyer occurs upon handover of the goods to the carrier. Transport risks are borne by the buyer.
    • In case of damage during transport, it is the buyer's responsibility to file 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 replace or refund at their discretion.
    • Shipping costs for warranty-covered items are borne by the seller once the right to warranty has been recognized.
  9. TECHNICAL CHARACTERISTICS
    • Technical specifications may be changed during the catalogue validity period, except for changes to the basic characteristics.
    • The customer is responsible for the recovery and disposal of electrical and electronic waste.
  10. ORDER FULFILLMENT
    • In case of force majeure, Climkit SA is exempt from the obligation to ship. Orders are accepted subject to the nullity of clauses and only become binding after order confirmation.
    • Each item included in an order is considered an independent sale. Special services must be coordinated in advance with the seller.
  11. PERSONAL DATA PROCESSING
    • Climkit SA collects and processes data in compliance 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
    • If some provisions are null and void, the other clauses remain valid.
  13. JURISDICTION
    • The place of performance is Vevey, and all disputes are governed by Swiss law.

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

Warranty

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

  • Any claim must be formally addressed to Climkit SA, under penalty of forfeiture, by electronic means to the following address: service@climkit.io, within a strict period of 30 calendar days following receipt of the products in case of apparent vices or defects. In case of hidden vices or defects, the claim must be made within thirty calendar days following their discovery. No claim will be considered after this period (i.e., 30 days after receipt of the goods at the address specified by the buyer).
  • In case of validation, both contractual and judicial, of any claim by the buyer, the seller undertakes, at their sole discretion, to replace the determined quantity of goods or to refund or cancel the corresponding invoiced amount.
  • Shipping and/or return costs for warranty-covered items are exclusively borne by the seller, provided that the claim has been previously recognized as founded, and 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 them against any action for damages, direct and/or indirect, resulting from vices and/or defects in the goods, as well as any other claim or exception arising from the buyer.
  • Even in the event of a legitimate claim, the buyer cannot initiate actions or assert exceptions without having previously settled outstanding payments, nor delay or suspend payments on the agreed due dates.
  • Damage resulting from normal wear and tear, improper use, and lack of maintenance is not covered by the warranty.
  • Before any use of the product, the customer must carry out, under their own responsibility, all necessary checks to ensure that the purchased products are fit for the intended use and do not present any risk to persons or property.

Limitation of Liability: In no event shall Climkit SA be liable for consequential, incidental, indirect, special, or punitive damages arising from the use or performance of the product, even if Climkit has been advised 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.

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

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

Warranty Amendments: No modification or amendment to this warranty shall 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 such modifications shall be effective upon publication on the website https://climkit.io. It is the buyer's responsibility to regularly consult these terms to be informed of any updates.

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