Terms and Conditions

These general terms and conditions ("GTC") apply to all business relationships of Novidarte AG, Fabrikweg 16, 5033 Buchs AG, Switzerland with its customers for all products or services of NOVIDARTE.

The application of the customer's general terms and conditions or general terms and conditions of purchase
is excluded.

NOVIDARTE may amend the GTC at any time and without prior notice, whereby the PDF version published on the website www.novidarte.ch at the time of conclusion of the contract shall apply.

2 Non-binding product information

The presentation of NOVIDARTE's product range on websites, in catalogues, in advertising or in other media is for illustrative purposes only and is always non-binding or does not constitute an offer to conclude contracts.

All information in NOVIDARTE's sales documents regarding the design and nature of the products (e.g. drawings, illustrations, dimensions, weights and other services) are to be understood only as guidelines and do not constitute a guarantee of properties of the products concerned, unless they are expressly designated as binding in writing.

Information in NOVIDARTE's sales documents regarding the quality of products, compliance with certain safety standards or other standards does not constitute a guarantee of properties of the products concerned, unless they are expressly designated as binding in writing.

The relevant product information is provided to NOVIDARTE by the respective product manufacturer. However, NOVIDARTE cannot check the correctness of this product information and therefore fully excludes any warranty for the correctness of this product information.

However, the customer can always order a paid sample of the product concerned in advance and check the relevant properties themselves.

3 Conclusion of a contract

If the customer has a customer account on the NOVIDARTE website, they can place orders directly via the website. During the ordering process, the costs and contractual terms associated with an order as well as the available payment terms are transparently displayed. By clicking the "Order with obligation to pay" button, the customer can finally submit a binding offer to conclude a contract to NOVIDARTE.

If the customer does not have a customer account, they can submit an offer to conclude a contract to NOVIDARTE by e-mail or by letter. The product name, the exact item number, the color, the desired order quantity as well as the invoice and delivery address must be stated. NOVIDARTE will then send the customer an offer for the products specified by the customer in the order. The customer must check the offer immediately and, if necessary, explicitly send their consent to NOVIDARTE by e-mail or by letter. Until the customer's consent, NOVIDARTE can revoke the offer at any time. An offer is valid for a maximum of three days in any case.

After conclusion of the contract, NOVIDARTE will send the customer an order confirmation with the agreed payment options, unless the customer has already made the payment. The customer must check the order confirmation immediately and report any errors to NOVIDARTE immediately in writing or by e-mail. Otherwise, the content of the order confirmation shall be deemed accepted by the customer.

If NOVIDARTE cannot accept a customer request, they will be informed immediately of the unavailability of the products or the rejection of the request, and any payment already made will be refunded to the customer. Orders for products or services that are only temporarily unavailable remain valid and will be executed as soon as possible. In the case of partial deliveries, NOVIDARTE bears the additional costs incurred.

4 Customized products

Insofar as products can be provided with individual engravings and prints of logos and texts, the customer can send up to three files in EPS, AI or PDF format per order. NOVIDARTE will then select the most optimal file for the customer. NOVIDARTE recommends ordering a sample of the product concerned in advance.

For products with individual engravings and prints, NOVIDARTE is entitled to deviate by up to a maximum of 10% from the ordered quantity. In the event of corresponding excess or short deliveries, the costs are based on the quantity actually delivered. A return of customized products is excluded in any case.

5 Prices, additional and shipping costs

All prices published on websites, in catalogues or via other media are subject to change and are in Swiss francs and exclusive of VAT, shipping costs or any other additional costs. The price stated in NOVIDARTE's order confirmation is generally decisive. However, NOVIDARTE may adjust prices in the event of price and cost increases, changes in freight, customs duties and other charges occurring after conclusion of the contract. For the procurement of original products, NOVIDARTE charges additional costs of CHF 60.00 per item. For the creation of neutral shipping documents and accompanying documents, additional costs of CHF 20.00 per address are incurred.

NOVIDARTE standardly ships products within Switzerland as well as to EU and EFTA member states. NOVIDARTE will check deliveries to other countries upon corresponding customer request. Shipping is carried out by Swiss Post (www.post.ch) or GLS (www.gls-pakete.de) according to the general contractual conditions of the respective supplier, which are published on their websites.

When ordering via a customer account, the shipping costs and estimated delivery times are indicated in the shopping cart or can be calculated using the shipping cost calculator. When ordering without a customer account, the shipping costs and estimated delivery times result from the offer or the order confirmation.

6 Payment terms

The purchase price and shipping costs are due upon conclusion of the contract. NOVIDARTE only accepts the payment methods specified or agreed upon during the ordering process. Invoices are to be paid net within 15 days from the invoice date. Payment by invoice requires excellent creditworthiness. NOVIDARTE may also demand advance payment at any time. In this case, the order will only be processed after receipt of payment. Discount charges, exchange fees and other payment costs are borne by the buyer.

If the customer is in default with the settlement of a claim, NOVIDARTE may claim default interest of five percent as well as further expenses, particularly in the event of enforcement of the claim by a collection agency or a lawyer. In addition, NOVIDARTE may charge an expense fee of CHF 30.00 per reminder.

7 Delivery times and delay in delivery

NOVIDARTE places great importance on providing up-to-date and accurate availability and delivery times. However, due to production or delivery bottlenecks, delivery delays may occur at NOVIDARTE as well as at dealers or producers. All information regarding availability and delivery time is therefore without guarantee and may change at any time. Delivery periods also only begin when the customer has provided all documents to be procured by them.

If NOVIDARTE is in default of delivery, the customer (except for customized orders or special orders) may withdraw from the contract in writing or by e-mail from the 30th calendar day after the announced delivery date. In this case, NOVIDARTE will refund any amounts already paid by the customer. Further claims against NOVIDARTE are excluded.

8 Impossibility of delivery

If a partial or complete impossibility of delivery occurs after an order or the conclusion of the contract, the contract is thereby dissolved to the corresponding extent. The customer will be informed by e-mail as soon as possible.

If the impossibility occurs before the transfer of risk to the customer, the customer is released from the obligation to pay to the corresponding extent, and NOVIDARTE refunds any payments already made. Further claims due to delay in delivery or failure of delivery are excluded.

9 Export restrictions and import duties

When shipping products or providing services to countries outside Switzerland, export restrictions may apply. In this case, it is an impossibility of delivery according to section 8.

Furthermore, country-specific customs duties, taxes and fees may apply, which are not shipping costs and must be borne separately by the customer. The customer is responsible for the proper payment of the necessary customs duties, taxes and fees. Information on the amount of fees can be obtained from the local customs authorities.

10 Order changes or cancellations

Orders oblige the customer to accept the products and services. Subsequent changes or cancellations of orders may be accepted by NOVIDARTE at its sole discretion, and NOVIDARTE may charge a processing fee of 20% of the cancelled order value, but at least CHF 60, as well as any loss of value of the cancelled products since their order.

11 Obligation to inspect and give notice of defects

The customer must immediately check services rendered and products delivered or collected for correctness, completeness and transport damage.

In the case of freight deliveries, any delivery damage must be noted on the delivery note. Visible delivery damages, incorrect or incomplete deliveries or other defects must be reported by e-mail or in writing within 5 calendar days of acceptance of the service or collection or delivery of the product. Otherwise, the customer's warranty claim is forfeited. Hidden defects
must be reported by email or in writing within 5 calendar days of discovery.

12 Warranty

NOVIDARTE warrants that its services are rendered with care and that its products are free of defects at the time the risk passes. The risk passes to the customer when the products are dispatched by NOVIDARTE, and when collected by the customer, upon separation of the products.

If a product or service is demonstrably defective at the time of the transfer of risk, NOVIDARTE will, at its own discretion, remedy the defect by (i) free repair, (ii) supplying the customer with partial or complete replacement by an equivalent product, or (iii) granting the customer a credit note taking into account the current value of the affected product.

Defects or damages resulting from culpable or improper handling, improper installation, natural wear and tear, use of unsuitable accessories or modification of original parts by the customer or third parties not authorised by us are excluded from the warranty.

13 Limitation of Liability

NOVIDARTE is exclusively liable for demonstrably grossly negligent or intentionally caused damages and otherwise excludes all liability - as far as legally permissible - whereby the legal presumption according to Art. 97 para. 1 OR is waived. This also applies with regard to the personal liability for damages of employees, representatives and vicarious agents of NOVIDARTE.

In particular, NOVIDARTE is in no case liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealized savings, (iv) damages from delay in delivery, and (v) any acts and omissions of NOVIDARTE's auxiliary persons, whether contractual or non-contractual.

14 Data Protection

NOVIDARTE processes personal data exclusively in accordance with legal provisions and the data protection declaration published on NOVIDARTE's website. By placing an order, the customer agrees to the inclusion of their data in the customer database
for delivery, advertising and the collection of internal statistics. They can revoke their consent at any time with effect for the future.

15 Use of customer reviews

If the customer writes a customer review, NOVIDARTE may display this text in all of NOVIDARTE's distribution channels, web shops, apps and social media presences. NOVIDARTE reserves the right not to display a review or to display it only for a limited period and may also shorten it if this is necessary for legal or technical reasons. Customer reviews always only reflect the opinion of the customer concerned and do not indicate NOVIDARTE's views.

16 Right of withdrawal

The customer can withdraw from contracts for physical products within 14 days without giving reasons in text form or by returning them. The period begins with receipt of the instruction in text form, but not before receipt of the goods by the customer. Timely dispatch of the withdrawal or the products to NOVIDARTE is sufficient to meet the deadline.

In the event of timely withdrawal, the mutually received services must be returned and any benefits derived (e.g. interest) must be surrendered. For partial or complete returns or returns in deteriorated condition, compensation for value must be paid, insofar as the deterioration of the item is solely due to its inspection - as would have been possible in a retail store. The costs of the return are to be borne by the customer, insofar as the delivered goods corresponded to the ordered goods.

There is no right of withdrawal for digital products or products and services produced or customized specifically for the customer by NOVIDARTE.

17 Set-off and Retention

The customer is only entitled to set off claims if their counterclaims have been legally established, are undisputed or acknowledged. The customer is only authorised to exercise a right of retention if their counterclaim is based on the same purchase or service contract.

18 Partial Invalidity

Should one or more provisions of these GTC prove to be invalid, the validity of the remaining provisions shall not be affected thereby. In this case, the parties shall adapt the contract in such a way that the intended contractual purpose is achieved as far as possible.

19 Applicable Law and Place of Jurisdiction

The contract is subject to Swiss law, to the exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

Subject to mandatory statutory provisions, the exclusive place of jurisdiction for all legal disputes is Buchs, Canton Aargau.