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GTCs

Last Update: October 19, 2019

These Terms and Conditions by NIKIN GmbH as seller and you as customer apply to all orders placed in the NIKIN online shop (www.nikin.ch) as well as for all sales NIKIN GmbH has declared these terms and conditions applicable.

Applicability
These terms and conditions apply to all services provided and obtain validity when a contract is concluded. Delivery, services and offers by NIKIN GmbH take place exclusively based on these terms, even if the terms have not been explicitly agreed again. By placing an order with NIKIN GmbH, you confirm to have read the terms and conditions at hand and agree to their contents.

Conclusion of a contract
All information about the goods and prices while placing the order are subject to alteration and non-binding. A contract is concluded when NIKIN GmbH receives your order. You will receive an e-mail by NIKIN to confirm the receipt of your order, which is binding for you from that moment onwards. You will be informed as soon as possible via e-mail about any delays in delivery. By placing your order, you confirm that you are aware of the size and content of your order. Any questions relating to your order should be addressed to us in advance.

Delivery
The delivery is always carried out via post or courier service. In Switzerland, goods will be delivered within 1 to 5 work days, if not stated otherwise on individual products. All information is subject to change. Delivery time for international deliveries depend on the recipient’s location. All fees and custom costs are already covered for deliveries to the EU (we send the goods DDP). However, for deliveries to other countries additional tax and customs might arise at the border and have to be carried by the customer.
If the sender does not provide the correct address or an address at which the post office cannot find the person, the return costs invoiced by the post office must be borne by the customer.

We will inform you immediately via e-mail if an article is not available. NIKIN GmbH reserved the right to carry out part delivery given that this leads to a more efficient execution of the complete delivery. In this case, there will be no additional shipping costs for the customer. NIKIN GmbH also reserves the right to demand an up-front payment of 100% of the total amount.

Prices
All prices on www.nikin.ch include the legal value added tax (currently 7.7%) required by law and exclude any shipping costs. The effective shipping costs will be shown in the shopping basket before checkout. NIKIN GmbH may change the prices displayed online at any time and without notice or further explanation. The price is calculated depending on when the order is placed on the website.

Shipping costs
Shipping costs are based on current prices of the post on:
http://www.post.ch/
as well as on all additional costs arising with the packaging.

Terms of payment
You may choose between the following payment methods:
Purchase on account (we reserve the right to execute a credit assessment), PayPal, credit card (via Stripe). We also reserve the right to offer payment in advance via bank transfer.
When paying in advance via bank transfer, the payment term normally is 7 days. If we have not received the payment within this period, NIKIN GmbH reserves the right to cancel the order and release the goods again for sale. Any arising transaction costs must be carried by you.
When buying on account, the amount must be paid before the due date (normally 14 days) onto the account stated in the invoice.
With the expiry of the payment term, no further warning is needed for you to be in default, and you must pay default interest of 8%. NIKIN GmbH may demand a fine of CHF 20.00 per payment reminder as well as additional costs, in particular for a collection process.
NIKIN GmbH may also demand advance payment despite requesting payment on account.

NIKIN GmbH commits to transfer all payment information related to his business electronically into the Payment Database of CRIF. Negative payment information has to be delivered at least weekly, positive payment information at least monthly. Orange commits not deliver this data to any other credit bureau.

Both parties commit themselves to respect the Swiss Data Protection Law and in particularly to principles of recognisability, data correctness and commensurability. CRIF AG can use the transferred data also after cancellation of this contract. The data on a data subject provided by the client in the course of a request is stored in the CRIF database for the purpose of operating the credit agency and ensuring the accuracy of the data.


Retention of title; set-off; right of retention
(1) When it comes to consumers, we reserve the ownership of the purchased item until full payment of the invoiced amount. If you are an entrepreneur exercising your commercial or independent work, a legal entity or a special public fund, we reserve the ownership until all open claims from the business relation with the customer have been balanced. The corresponding security interests may be transferred to third parties.
(2) You may only exercise the right to set-off if your counterclaims are recognised by declaratory judgement or undisputed or recognised by us. Furthermore, you only have the right of retention if and as long as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default due to unfulfilled payment obligations, all existing claims are due immediately.

Guarantee and warranty
The guarantee corresponds to generally acknowledged standards and is 12 months, unless a longer or shorter guarantee period has been clearly stated on the delivered goods. Damaged goods must be reported in written form within 10 days after the delivery or appearance of the damage and addressed to the company’s address, otherwise your guarantee claim becomes invalid. It expires with improper usage or natural wear. The bag should not be loaded with more than 5 kilograms. NIKIN GmbH reserves the right make an individual decision in case of warranty.

Return policy
Every buyer has the right to return their received goods to NIKIN within 14 days (effective date: receipt of the goods). In order to return your goods, they must be in perfect sanitary condition, otherwise your claim on exchange or return becomes invalid. When returning goods to NIKIN, the buyer must pay all shipping costs arising for NIKIN or the costs may be deducted from the refund amount. All costs to send back goods must be carried by the buyer. By accepting these terms and conditions, you automatically agree to our return policy.

Slight differences from the model
The design of individual goods may change slightly. NIKIN GmbH cannot assume any liability for modifications made by the manufacturer or suppliers.

Maintenance/Usage
NIKIN GmbH does not assume liability for faulty maintenance and/or usage of delivered goods on behalf of the customer.

Planting trees
For each of our products we have a tree planted. Each month an amount will be given to OneTreePlanted and other tree planting partners we have. The tree is usually planted where it is most needed. Therefore, the buyer's tree is planted at the location where OneTreePlanted or another tree planting partner organizes their next tree planting campaign.

Data protection
NIKIN GmbH is committed to process your customer data with diligence and meet the requirements of the relevant data protection legislation. We do not pass on data to third parties. However, we cannot assume liability for the security of data transmitted online.

Marketing
NIKIN GmbH reserves the right to make use of the e-mail address and phone number entered during the process of ordering again for own marketing purposes (such as newsletters). If you wish to be excluded from marketing approaches, please send a personal e-mail to info(at)nikin.ch.

Product reviews
After the purchase, you will receive an automated e-mail asking you to review your purchased items. NIKIN reserves the right to make further use of these and all other reviews (without request per e-mail) for marketing purposes.

Vouchers
Personal vouchers created only for specific persons or groups, must not be passed on and may only be redeemed by persons authorised by NIKIN GmbH. NIKIN GmbH reserves the right to cancel all unauthorised orders without giving an explanation. You may only use one voucher code per order.

Charges for late payment
Processing fee (at the earliest on the 70th day after the invoice date, with transfer to the collection service provider) depends on the amount of the claim in CHF 37 (up to 19); 58 (up to 59); 145 (up to 344); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19'999); 2,600 (up to 49,999); 6% of the claim (from 50,000).

Liability in general
It is hereby clearly stated that the customer cannot exercise any liability claims for indirect or consequential damages towards NIKIN GmbH, unless intentional damage or damage resulting from gross negligence caused by NIKIN GmbH are present. This means that all damage due to accidents etc. resulting from handling hardware (e.g. bags) are your own responsibility.

Amendments to the Terms and Conditions
NIKIN GmbH reserves the right to alter the present Terms and Conditions at any time and without notice.

Applicable right/Place of jurisdiction
The relations between you and NIKIN GmbH are always subject to Swiss legislation according to the requirements of the Swiss Code of Obligations (Schweizerisches Obligationenrecht, OR) and the Swiss Civil Code (Schweizerisches Zivilgesetzbuch, ZGB). The place of jurisdiction is Switzerland. The application of the requirements included in the Vienna Sales Convention (“United Nations Convention on Contracts for the International Sale of Goods”) is explicitly excluded.
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