General Terms and Conditions for End Users
These General Terms and Conditions govern the relationship between novis electronics AG (hereinafter referred to as novis) as the Supplier and the Customer (hereinafter referred to as the Customer). These GTC form an integral part of all contracts for the supply of products and services or other services by novis.
novis reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply and may not be modified unilaterally for this order. Any terms and conditions of the Customers that conflict with or deviate from these GTC shall not be recognised. Deliveries shall be made exclusively to addresses in Switzerland or Liechtenstein.
Deviations from these Terms and Conditions shall only be effective if novis confirms them in writing.
2) PRODUCTS AND PRICES
Images of products in the online shop, on catalogues etc. are for illustration purposes and are not binding.
The information about products in the online shop is compiled in the most Customer-friendly manner possible, but is not binding. The manufacturer's information (e.g., manufacturer's warranty) is decisive insofar as it is valid in Switzerland.
The prices stated in our order confirmation are decisive. Unless otherwise agreed, prices are exclusive of transport costs, inclusive of statutory value added tax and, where applicable, inclusive of advance recycling charge (vRG). novis reserves the right to change prices at any time.
Ordered additional services subject to a charge, such as assembly, disposal, warranty extensions, insurance, etc., shall be listed separately in the shopping basket and on the invoice.
3) OFFER AND CONCLUSION OF CONTRACT
The offers made by novis in price lists and advertisements are subject to change and non-binding and apply only to Customers in Switzerland and the Principality of Liechtenstein. If a buyer exceeds their credit limit by placing an order, we shall be released from our obligation to deliver.
The prices in our offers and order confirmations are generally binding. However, errors and technical changes are reserved. Any delivery dates stated are non-binding. We strive to state them to the best of our knowledge.
The Customer is notified of the arrival of an online order via an automatically generated order confirmation sent to the e-mail address provided by the Customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the Customer that the submitted order has been received by the online shop and that the contract has thus been concluded subject to the delivery option and the correct price information.
Subsequently, the Customer will be informed of a provisional delivery date via a separate order confirmation.
There is no right of return for articles with a purchase obligation.
Terms of delivery/delivery periods
Items available from stock are usually delivered immediately. If the order is received by us by 15:00hrs, the Customer will normally receive the ordered goods on the following day. In no case do delays in delivery justify claims for damages and/or a right to withdraw from the contract. All products and orders will be delivered to the address provided by the Customer. The delivery address must be in Switzerland or Liechtenstein and easily accessible by truck. If this is not the case, the Customer shall bear any cost generated.
The delivery date is given to the best of our knowledge, but without guarantee. This applies in particular in the event of delays in delivery, for example, as a result of supply problems at the manufacturer.
If nothing to the contrary is stated on the Customer's order, novis reserves the right to make either complete or partial deliveries. A one-off freight charge of CHF 60 shall be levied for orders and orders weighing 30 kg or more, and CHF 15 for orders weighing less than 30 kg.
Should a delivery be delayed beyond a delivery date expressly guaranteed by novis in writing, the Customer may, after expiry of an additional period of at least three weeks to be set by them in writing, notify novis of default and, after unused expiry of a reasonable additional period, subsequently withdraw from the order concerned (exception: goods explicitly ordered for the Customer). novis rejects any liability for delayed deliveries.
Particularly in the case of furniture, delivery periods can be up to 8 weeks.
5) Acceptance and inspection / return of goods
Upon receipt, the Customer shall immediately inspect the goods for correctness, completeness and functionality and report any delivery defects in writing within 5 calendar days. Thereafter, only hidden defects may be claimed, which must also be brought to novis' attention in writing 5 calendar days after the defect has been discovered. In the case of deliveries with transport damage, the Customer must also immediately record a damage report, which the carrier must sign (see also delivery conditions).
There is no general right of return or exchange. Only in exceptional cases and after consultation with novis may a return be made for important reasons. An exchange is only possible if the goods and the original packaging are undamaged, the packaging has not been opened and the goods have not been used. In the case of a return, the original invoice must be presented. The exchange will be made at the daily price valid on the day of the exchange processing or at a maximum of the amount paid by the Customer. The balance of the goods will be settled by a credit note. In any event, a fee of CHF 18.00 may be charged for exchanges/returns. Any shipping costs or additional costs incurred will not be refunded.
Returns may only be made by mutual agreement and with the returns number (RMA) issued by novis. Returns shall be made for the account and at the risk of the Customer. The Customer shall be responsible for proper and insured transport. This must take place within 5 days of receipt of the return number. Goods returned later may be rejected by novis. A return slip with a valid return number and a copy of the delivery note or invoice must always be enclosed.
Excluded from return are in particular:
- Products which were not purchased from novis
- products without original packaging
- damaged products
- products that have been put into operation
products which have been explicitly manufactured for the Customer (articles with an obligation to purchase)
novis shall make a deduction for products or packaging that are no longer as good as new.
6) Guarantee / warranty periods
The warranty for products supplied by novis in Switzerland and the Principality of Liechtenstein shall be governed by Swiss law and shall be 2 years unless expressly agreed otherwise in writing. The warranty period shall be deemed to commence on the date of delivery. Any further warranty claims by novis shall be governed in all respects by the warranty provisions of the respective manufacturer/supplier in Switzerland and the Principality of Liechtenstein. The Customer waives any further warranty claims against novis and the manufacturer/supplier. The only obligation of novis shall be to assign any own warranty claims against the manufacturer/supplier to the Customer.
novis shall only supply brand-new products of original brand quality. Used products or demonstration models are specially identified and marked accordingly. The warranty does not cover normal wear and tear or the consequences of improper handling or damage by the Buyer or third parties. Also not covered by the warrantyy are defects that are due to external circumstances. novis accepts no liability of any kind for indirect damage or consequential damage caused by a defect on the part of the Buyer.
novis may provide the guarantee/warranty either by repair free of charge or by replacement of equivalent value. Further claims are excluded. The decision to repair or replace a device lies with novis. The Customer is not entitled to commission a third party with a repair. In such a case, there shall be no entitlement to a refund of costs. The replacement or exchange items do not entitle the Customer to any extension of the warranty period. For any modification of the products, the warranty period remains binding from the first date of purchase. In the event of defects in hard disks or other storage media, novis shall not be liable for loss of data. The Customer is personally responsible for an appropriate backup.
Other warranty conditions, which are, for example, noted on the packaging of the articles, may be declared country-specific by the manufacturer. These guarantee provisions cannot be used and are therefore considered null and void. Any liability of novis for direct or indirect damages as well as for loss of property in case of defects or improper handling is excluded. Products must be sent to Uster (zhd. RMA department) for warranty claims.
Warranty for exchange devices:
If, in the event of a warranty or guarantee claim, the defective product is exchanged for an identical new product free of charge, the warranty/guarantee period shall not start anew.
Warranty for repairs:
In the case of repairs carried out by novis, the statutory warranty is waived and a guarantee of 6 months is given on the replaced components.
Warranty for used equipment:
In the case of used devices (demo devices, refurbished devices), the statutory warranty is waived and a warranty of 12 months is given (conversion or refund of the purchase price).
7) Limitation of liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded both against novis and against our vicarious agents or assistants, except in the case of wilful intent or gross negligence. No liability shall be accepted for consequential damage arising from the use of the products.
Furthermore, novis shall not be liable for damages that can be traced back to one of the following causes:
- improper storage, adjustment or use of the Products in breach of contract or unlawful use of the Products
- use of incompatible spare parts or accessories (e.g. power supply)
- failure to maintain and/or improper modification or repair of the products by the Customer or a third party
- force majeure, in particular damage caused by natural hazards, moisture, falls, impacts, etc., for which novis is not responsible, and official directives
8) Daten und Unterlagen
Technical data and documents such as descriptions, illustrations, data relating to dimensions and properties as well as information on standards serve purely for informative purposes and should not to be regarded as guaranteed quality. novis reserves the right to make the necessary changes at any time due to technical developments. novis furthermore reserves the right to remove individual products and services listed in the sales documentation and price lists from the product range. All information is without guarantee.
9) Payment options
Payments must be made in Swiss francs.
Payment in advance or by credit card (Visa, Mastercard) is accepted. If payment is made by credit card, the amount will be debited when the order is placed.
In the case of payment in advance, delivery shall only be made after receipt of payment. Products in stock at novis shall be reserved until expiry of the payment period of at least 10 calendar days. Products which must first be delivered or manufactured by an external supplier shall only be ordered or commissioned upon receipt of payment.
10) Support hotline
Support and consulting services are not included in the price for goods. If support or consulting services are required by the Partner or its Customers, these shall be agreed individually with novis.
The Customer may not transfer the rights and obligations of this Agreement to third parties. These Terms and Conditions shall replace all previous agreements between the Parties in this respect. Amendments and supplements to these Terms and Conditions as well as collateral agreements must be made in writing.
These terms and conditions are subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12) Data protection
novis shall ensure compliance with the provisions of the Swiss Data Protection Act and the relevant legal standards when collecting, processing and using personal data. The Customer data generated during the order processing shall only be used for internal purposes. Data will only be passed on to third parties if this is absolutely necessary for the proper provision of services. The Customer agrees to this use of his data. Furthermore, the Customer has the right to inspect the data stored about him/her at any time upon request and to prohibit its use for internal marketing purposes.
All obligations are subject to Swiss law. The place of performance and exclusive place of jurisdiction is Uster.
Uster, 1 September 2022