General Sales Terms and Conditions and Warranty

Aleksia Stravinskaite Updated by Aleksia Stravinskaite

General Sales Terms and Conditions

  1. PRICES
    • Prices are quoted in Swiss Francs, excluding taxes, and are stated ex works, packaging included. Shipping costs will be specified on the invoice.
    • Agreed prices are based on the price list in effect at the time of ordering. Climkit SA reserves the right to make price adjustments without prior notice.
    • In case of modification by our suppliers, price revisions may be considered. Prices not detailed or related to products not listed in the catalog must be agreed upon in advance and confirmed in writing before any shipment.
  2. PAYMENT TERMS
    • Our invoices are payable within 30 days, net and without deduction, from the date of invoicing, by bank transfer to the account specified on the invoice.
    • Any other payment terms must be subject to prior agreement and are subject to our approval.
    • In case of default in payment, Climkit SA reserves the right to use all legal remedies to enforce 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 issues to the carrier by issuing specific reservations on the delivery note.
  4. SHIPPING / DELIVERY TIMES
    • Shipping/delivery times are not a binding commitment for the seller and are to its benefit. The buyer has the option to cancel the order after a period of 120 days without delivery.
    • No claims will be considered beyond 30 days from the receipt of the goods.
  5. ITEMS NOT LISTED IN THE CURRENT CATALOG
    • Items not listed in the catalog will be provided at updated prices, communicated prior to finalizing the order.
  6. RETURNS
    • In accordance with our policy, no product returns will be accepted except in cases of manufacturing defects.
    • In case of a 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 to send the new product at our expense.
  7. TRANSFER OF OWNERSHIP
    • Ownership transfers to the buyer upon delivery of the goods to the carrier. Risks associated with transportation are the responsibility of the buyer.
    • In case of damage during transport, it is the buyer's responsibility to lodge claims directly with the carrier.
  8. WARRANTY
    • Products listed in the catalog are covered by a 24-month warranty from the date of shipment, excluding damages 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 its discretion.
    • Shipping costs for items covered by the warranty are borne by the seller once the warranty claim has been recognized.
  9. TECHNICAL SPECIFICATIONS
    • Technical specifications may be changed during the validity period of the catalog, except for changes to basic specifications.
    • The customer is responsible for the recovery and disposal of electrical and electronic product waste.
  10. ORDER EXECUTION
    • In case of force majeure, Climkit SA is exempt from the obligation of shipment. Orders are accepted subject to the nullity of clauses and become binding only after order confirmation.
    • Each item comprising an order is considered an independent sale. Special services must be coordinated with the seller in advance.
  11. PROCESSING OF PERSONAL DATA
    • Climkit SA collects and processes data in accordance with Swiss law and the General Data Protection Regulation EU 2016/679.
    • Data will be processed in the context of fulfilling contractual obligations.
  12. SEVERABILITY
    • If any provision of this warranty is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable.
  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 maintaining the quality of our products.

Warranty

Only items listed in the current catalog are covered by a warranty against any defect and/or quality and/or manufacturing defect 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 foreclosure, by electronic means to the following address: "service@climkit.io", within a strict period of 30 calendar days following the receipt of the products in case of apparent defects or faults. In 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 case of validation, both conventional and judicial, of any claim by the buyer, the seller undertakes, at its exclusive discretion, to replace the determined quantity of goods or to refund or cancel the corresponding invoiced amount.
  • Shipping and/or return costs for items under warranty are exclusively covered by the seller, provided that the validity of the warranty claim has been recognized in advance, and this exclusively with the carrier designated by the seller.
  • The buyer acknowledges that the warranty offered by the seller covers all of its potential liabilities, in order to protect it against any action for damages, direct and/or indirect, resulting from defects and/or faults of the goods, as well as any other claim or exception arising from the buyer.
  • Even in the case of a legitimate claim, the buyer may not initiate actions or raise objections without first having honored overdue payments, nor may it delay or suspend payments at the agreed upon deadlines.
  • Damages resulting from normal wear and tear, improper use, and lack of maintenance are not covered by the warranty.
  • Before using the product, the customer must, under their own responsibility, carry out all necessary checks to ensure that the purchased products are suitable for the intended use and pose no risk to persons or property.

Limitation of Liability: Under no circumstances 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 informed of the possibility of such damages. Climkit SA's total liability 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 of Switzerland. Any dispute arising out of or in connection with this warranty, including any contractual or tort claims or disputes, shall be resolved 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 found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable.

Modification of the Warranty: 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 changes shall be effective upon publication on the website https://climkit.io. It is the buyer's responsibility to regularly review these terms to be informed of any updates.

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