Terms and Conditions of Sale and Warranty

General Terms and Conditions of Sale

1. PRICE
   • Prices are expressed in Swiss Francs, excluding taxes, and are stated ex-works, including packaging. Shipping costs will be specified on the invoice.
   • The agreed prices are based on the applicable price list at the time of order placement. Climkit SA reserves the right to make price adjustments without prior notice.
   • In the event of modifications from our suppliers, price revisions may be considered. Prices not detailed or related to products not listed in the catalog must be subject to prior agreement and confirmed in writing before any shipment.
2. PAYMENT TERMS
   • Our invoices are to be paid within 30 days, net and without deduction, from the date of invoicing, by bank transfer to the 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 non-payment, Climkit SA reserves the right to exercise all legal remedies to assert its rights.
3. SHIPPING / TRANSPORT
   • Shipping costs are borne by the recipient.
   • Delivery costs are detailed on the invoice and are valid exclusively for Switzerland.
   • Upon receipt, the buyer is required to inspect the goods and report any issues to the carrier by issuing specific reservations on the delivery note.
4. SHIPPING / DELIVERY TIME
   • Shipping/delivery times are not a binding commitment for the seller and are for 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 supplied at updated rates, communicated beforehand before the order is finalized.
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 notify 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 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. The risks associated with transport are borne by the buyer.
   • In case of deterioration during transport, it is the buyer’s responsibility to make claims directly to the carrier.
8. WARRANTY
   • Products listed in the catalog come with 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 from 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 warranty claim is acknowledged as valid.
9. TECHNICAL SPECIFICATIONS
   • Technical specifications may be modified during the validity of the catalog, except for changes to the basic features.
   • The customer is responsible for the recovery and treatment of waste from electrical and electronic products.
10. ORDER FULFILLMENT
    • In the event of force majeure, Climkit SA is exempt from the obligation to ship. Orders are accepted under the nullity of clauses and only become binding upon order confirmation.
    • Each item in an order is considered an independent sale. Special services must be coordinated with the seller in advance.
11. PERSONAL DATA PROCESSING
    • Climkit SA collects and processes data in accordance with Swiss legislation and the General Data Protection Regulation (GDPR) 2016/679.
    • The data will be utilized as part of fulfilling contractual obligations.
12. SEVERABILITY
    • In the event of nullity of certain provisions, the remaining 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 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 mandatory conditions of this warranty are as follows:

• Any claim must be formally addressed to Climkit SA, under penalty of forfeiture, electronically at the following address: service@climkit.io, within a strict deadline of 30 calendar days following the receipt of the products in case of apparent defects or faults. In the case of hidden defects, the claim must be made within thirty calendar days from their discovery. No claims 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 contractually and judicially, of any claim by the buyer, the seller commits, at its exclusive discretion, to replace the determined quantity of goods or to refund or cancel the corresponding invoiced amount.
• The shipping and/or return costs of items under warranty are exclusively borne by the seller, provided that it has beforehand acknowledged the validity of the warranty claim, and only with the carrier designated by the seller.
• The buyer acknowledges that the warranty offered by the seller covers all its potential liabilities to protect against any claim 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 defenses without having first honored the due payments or delay or suspend payments at the agreed deadlines.
• The warranty does not cover damages resulting from normal wear and tear, inappropriate use, and lack of maintenance.
• Before using the product, the customer must conduct all necessary checks at their own responsibility 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 had been advised 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.

Governing 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 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. The arbitration costs shall be borne in accordance with the arbitration rules of the CVCI.

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

Modifications to 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 modifications shall take effect 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.