GTC

Last update: 31.10.2024

These General Terms and Conditions of Business of NIKIN AG as the seller and you as the customer apply to all orders in the NIKIN online shop (www.nikin.ch) as well as to those purchases for which NIKIN AG declares these General Terms and Conditions to be applicable.

Scope of application

The GTC apply to all services provided by NIKIN AG in the online store (www.nikin.ch) and become valid upon conclusion of a contract. The deliveries, services and offers of NIKIN AG are made exclusively on the basis of these GTC, even if they are not expressly agreed again. By sending an order to NIKIN AG, you confirm that you have read these GTC and expressly declare your agreement with them.

Conclusion of a contract

All information on goods and prices within the ordering process is subject to change and non-binding. Orders are binding for customers. Accordingly, orders can neither be changed nor canceled. Customers receive a non-binding confirmation of orders from the seller. Before the notification of dispatch, by which the contract with the seller is concluded, NIKIN AG can revoke its offer without further ado. By placing your order, you confirm that you are aware of the scope and content of your order. Questions in this connection can therefore be clarified with us in advance.

Delivery

The goods are always delivered by post or courier. The delivery time in Switzerland is usually 1 to 5 working days, unless otherwise stated for the respective product. This information is without guarantee.
If the sender does not give the correct address or gives an address at which the post office cannot locate the person, the return costs charged by the post office must be borne by the customer. Once the goods have been handed over to the post office, NIKIN AG is no longer liable. Therefore, NIKIN AG does not bear the transport risk.

If an item in the range is exceptionally not available, we will inform you as soon as possible by e-mail. In principle, NIKIN AG reserves the right to make a partial delivery if this appears to be conducive to the efficient processing of the overall delivery. Of course, in such cases no further shipping costs will be charged for the subsequent delivery. In addition, NIKIN AG reserves the right to demand an advance payment of 100% for deliveries abroad.

Prices

All prices on www.nikin.ch include the statutory value added tax in Switzerland (currently 8.1%) and exclude shipping costs. The actual shipping costs are displayed in the shopping cart before the order is completed. NIKIN AG expressly reserves the right to adjust the prices shown online at any time without prior notice and without further explanation. The time of the order on the website applies to the calculation of prices.

Shipping costs

Are calculated on the basis of the current prices of Swiss Post at:
http://www.post.ch/
And additionally all costs incurred for packaging.

Terms of payment

The following payment options are available to you:
Purchase on account (POWERPAY)*, Paypal, credit card (via SIX). We also reserve the right to offer prepayment by bank transfer.
For prepayment by bank transfer, the payment period is usually 7 days. If payment is not received within this period, NIKIN AG reserves the right to cancel the order and release the goods for sale again. Any transfer fees are to be borne by you.

*Purchase on account with installment facility (POWERPAY)
MF Group / POWERPAY offers the payment method "Purchase on account" as an external payment service provider. With the single invoice, you can simply pay for your online purchase by invoice. If you decide not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim and processes the corresponding payment modalities. When purchasing on account, you accept POWERPAY's GTC in addition to our GTC.

Retention of title; offsetting; right of retention

(1) In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(2) You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.

Guarantee and warranty

The warranty for goods corresponds to generally accepted standards and is 24 months, unless a longer or shorter warranty period is expressly stated on the delivered goods. Defective goods must be reported in writing to the company address within 10 days of delivery or after the damage has occurred, otherwise the warranty claim shall lapse completely. The warranty claim is valid from the date of delivery. It expires in the event of improper use or natural wear and tear. The bag should not be loaded with more than 5 kilograms. NIKIN AG reserves the right to make individual decisions in the event of a warranty claim. The guarantee and warranty is excluded for articles declared as outlet goods. 

Return guarantee

Every buyer has the right to return the items received(exception: TreeMask, TreeSocks, TreeBoxers, TreeBottle, TreeMug & vouchers) to NIKIN within 20 days. For returns, the items must be sent back in a hygienically perfect condition, otherwise the right to return expires. For returns, the shipping costs incurred by NIKIN will be charged to the buyer or deducted from the refund amount. The return costs must be borne by the buyer. By accepting the terms and conditions, you also automatically accept our return policy. Items declared as outlet goods, TreeBottles, TreeMugs and TreeBoxers are explicitly excluded from the return guarantee.

Minor model deviations

The design of individual items may change slightly. Naturally, NIKIN AG cannot accept any liability for such modifications made by manufacturers and suppliers.

Care/handling

NIKIN AG accepts no liability whatsoever for the customer's misconduct in the care and/or handling of the items supplied.

Plant trees

We have a Tree planted for almost every one of our products. Each month, an amount is passed on to OneTreePlanted and any other tree partners. The Tree is usually planted where it is most urgently needed. Therefore, the buyer's Tree is planted at the location where One Tree Planted or another tree planting partner is organizing their next tree planting campaign.

Buybackprogram for circular products

The buyback program from NIKIN called "Circular Cashback" includes all circular products made from 100% biodegradable polyester/elastane (naNea material). We have developed the system to bring materials back into the cycle and extend the life of the products.

The reward for wearing a circular product is limited to 5 years from the date of purchase. After 5 years from the date of purchase, the buyer's resale claim against NIKIN AG expires.

The buyer can register with us on the homepage when purchasing the product and then receives the right to return (i.e. sell) this T-shirt to us within the current five years.
Buyers receive a fixed amount each year for wearing the T-shirt for a long time, which results in e.g. CHF 10 for a T-shirt, spread over 5 years (= CHF 2 per year). The entitlement to the first payment arises at the end of the first year. Subsequently, a claim for a further year can be made after the expiry of at least six months of a current year and for a maximum of 5 years from the date of purchase.

Please note that we do not offer circular products at a discount at any time. We have therefore programmed our online store in such a way that general discount codes are not applicable to circular products. If you still purchase the product with a discount code, we reserve the right to reduce the Circular Cashback amount at our discretion.

Further information and explanations about the Circular Cashback system and the process can be found here: https://nikin.ch/pages/circular-faqs

 

Data protection

NIKIN AG undertakes to process your customer data carefully and to comply with the provisions of the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be accepted for the security of data transmitted via the Internet.

Marketing

NIKIN AG reserves the right to reuse the e-mail address and telephone number provided when ordering for its own marketing purposes (newsletter & other). You can opt out of this by sending a personal e-mail to team(at)nikin.ch.

Reviews of products

NIKIN sends automated e-mails after the purchase, which ask customers to rate the purchased products. NIKIN reserves the right to use these as well as all other ratings (without e-mail request) for marketing purposes.

Vouchers

Personal vouchers that have been created only for a specific person or for a specific group may not be passed on and may only be redeemed by NIKIN AG authorized persons. NIKIN AG reserves the right to cancel all unauthorized orders without comment. Only one discount code may be used per order.

General liability

It is hereby expressly stated that no liability claims whatsoever can be asserted against NIKIN AG by the customer for direct and indirect damage, including consequential damage, insofar as there is no intent or gross negligence on the part of NIKIN AG for the damage incurred. For example, damages from accidents, falls, etc., which result from handling NIKIN products (bags, etc.) are your own responsibility.

Change AGB

NIKIN AG expressly reserves the right to unilaterally amend these GTC at any time without prior notice.

Applicable law/jurisdiction

In any case, the relationship between you and NIKIN AG shall be governed by Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The place of jurisdiction is Switzerland. The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.

Severability clause 

Should individual provisions of this agreement prove to be invalid, this shall not affect the the remaining provisions of this agreement shall not be affected thereby. In this case invalid provision shall be replaced by a new provision which corresponds to the intended purpose or, if this is not possible, comes as close as possible to it. comes as close as possible.