the terms and conditions nirotechnics gmbh
General Terms and Conditions
1 Scope of application
The General Terms and Conditions (GTC) apply to all legal transactions concluded via the online shop “nirotechnics gmbh”.
These GTC apply exclusively to orders from business customers (B2B). Sales to consumers/private customers within the meaning of Swiss consumer protection law are not made. By placing an order, the buyer confirms that they are acting as an entrepreneur.
Nirotechnics gmbh reserves the right to change these GTC at any time. The version of these GTC valid at the time of the order is decisive and cannot be changed unilaterally for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC will not be recognized.
2 Information
2.1 Product and price
The information about products is compiled in the online shop in a customer-friendly manner, but is not binding. The manufacturer's specifications (e.g. manufacturer's warranty) are authoritative, provided they are valid in Switzerland.
All sales prices published in the online shop are final prices that include all taxes (in particular VAT), fees, and costs. The only exception to this are shipping costs, if these are charged. Nirotechnics gmbh reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of ordering is decisive for the conclusion of the purchase contract.
2.2 Availability and delivery time
Nirotechnics gmbh attaches great importance to providing up-to-date and accurate information on availability and delivery times in the online shop. All information on availability and delivery times is therefore subject to change and may change at any time.
2.3 Rights
Nirotechnics GmbH remains the exclusive owner of all intellectual property and usage rights in TwoFix. Any integration of TwoFix into third‑party machinery or automation technology, as well as any supply or resale of TwoFix to other machine manufacturers for the purpose of such integration, is strictly prohibited without a prior explicit written licence agreement with Nirotechnics GmbH.
3 Conclusion of contract
The products and prices in the online shop are considered an offer. However, this offer is always subject to the condition that the contract may be terminated in the event of delivery impossibility or incorrect price information.
The purchase contract for products from nirotechnics gmbh is concluded as soon as the customer places their order in the online shop, in a branch, by telephone, or by email (hereinafter referred to as the “purchase contract”).
The customer will be notified of the receipt of an online order by means of an automatically generated order confirmation from nirotechnics gmbh sent to the email address provided. 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 order placed has been received by the online shop and that the contract with nirotechnics gmbh or the retailer has therefore been concluded, subject to availability and the correct price being quoted.
4 Delivery date
The order confirmation will inform the customer of a provisional delivery date, or the customer will be contacted to arrange an individual delivery date.
If nirotechnics gmbh or the dealer is in default of delivery, the customer has the right to withdraw from the contract (except in the case of special orders) from the 30th calendar day after the originally announced delivery date. In this case, nirotechnics gmbh will refund any amounts already paid in advance by the customer. No further claims against nirotechnics gmbh or the dealer shall be accepted.
5 Delivery
For products and services from nirotechnics gmbh, customers may only choose parcel delivery within Switzerland.
6 Obligation to inspect
Customers must immediately inspect delivered or collected products for correctness, completeness, and delivery damage.
In the case of freight deliveries, any delivery damage must be noted on the delivery note.
Damage during delivery, incorrect and incomplete deliveries must be reported to nirotechnics gmbh within 5 calendar days of the date of collection or delivery, including for all products from a dealer. Customers are aware that such reports must be made by email to the contact address.
7 Warranty
7.1 Basic provisions
Nirotechnics gmbh warrants that the ordered product will be free of defects and fully functional for one year after delivery. Nirotechnics gmbh may choose to fulfill the warranty by
replacing the product with an equivalent product. If the product is replaced with a used product, the warranty period is 1 year
discount.
8 Liability and disclaimer
Liability is governed by the applicable statutory provisions. However, nirotechnics gmbh or the dealer shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delayed delivery, and (v) any actions or omissions on the part of nirotechnics gmbh's auxiliary persons, whether contractual or non-contractual.
Furthermore, nirotechnics gmbh shall not be liable for damages attributable to any of the following causes:
improper, non-contractual, or unlawful storage, adjustment, or use of the products;
use of incompatible replacement 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 forces, moisture, falls, impacts, etc., for which nirotechnics gmbh is not responsible, and official orders.
We accept no liability for damage caused by improper use or failure to follow the operating instructions. The service provider commissioned to carry out the work is liable for defects, delays in performance, and damage caused during the performance of services (e.g., on-site installations).
9 Payment
9.1 Payment options
All payment claims for products purchased via the nirotechnics gmbh online shop are asserted by nirotechnics gmbh directly against the customer. Payments must be made in Swiss francs.
Customers can choose from the payment options offered in the online shop under “Payment options.”
The current fees are listed under “Payment options” and are shown in detail during the ordering process.
When paying by credit card or other instant payment methods, the amount is charged when the order is placed.
In the case of prepayment, delivery will only take place after receipt of payment. The products in the central warehouse of nirotechnics gmbh will be reserved until the payment deadline of at least 40 calendar days has expired. In the case of purchase on account subject to a fee (only permitted for products and goods from Nirotechnics gmbh), the customer is obliged to pay the invoice amount within 20 calendar days of receipt of the delivery without any (discount) deduction. In the event of a partial return of the delivered products, the invoice amount may be reduced accordingly.
9.2 Late payment
If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed by the customer to nirotechnics gmbh under any title shall become due immediately (in the case of advance payment, within 8 calendar days of the first reminder) and nirotechnics gmbh may demand immediate payment and suspend further deliveries of products to the customer.
Nirotechnics gmbh charges an administrative fee of CHF 5 for the second reminder and CHF 20 for the third reminder. If reminders are unsuccessful, the invoice amounts may be assigned to a debt collection agency. In this case, an effective annual interest rate of up to 15% may be charged on the invoice amount owed from the due date. The debt collection agency will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.
9.3 Retention of title
Ordered products remain the property of nirotechnics gmbh or the dealer until full payment has been made to nirotechnics gmbh. Nirotechnics gmbh or the dealer is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or alteration is not permitted without the express consent of nirotechnics gmbh.
10 Changes to orders or cancellations
Orders commit customers to accepting the products and services. Subsequent changes or cancellations of orders by customers may be accepted or rejected by nirotechnics gmbh or the dealer at their discretion.
If, after an order has been placed or the contract has been concluded in accordance with clause 3, it becomes impossible to deliver (in whole or in part) (condition subsequent), the customer will be informed immediately by email. If the customer has already paid, this amount will be refunded. If no payment has yet been made, the customer will be released from the obligation to pay. Further claims due to delayed delivery or failure to deliver are excluded.
11 Further provisions
11.1 Unassignable returns
Returns that cannot be assigned to a customer or returned to the customer will be stored by nirotechnics gmbh or the dealer for six months and then disposed of.
11.2 Uncollected or undeliverable warranty goods
If goods related to the provision of warranty services in accordance with Section 7 are not collected from the stores within six months of the collection request being sent to the customer, nirotechnics gmbh is entitled to dispose of the goods, in particular to dispose of them.
11.3 Data protection
The privacy policy is an integral part of these GTC. By accepting these GTC, the customer also agrees to the privacy policy.
11.4 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
11.5 Place of jurisdiction and applicable law
All legal relationships between nirotechnics gmbh or a dealer and the customer are subject to Swiss substantive law. The Vienna Sales Convention does not apply.
The following exclusive places of jurisdiction apply:
The place of jurisdiction for all claims arising from purchase contracts to which nirotechnics gmbh is a party is Zurich.
