8. Customer complaints
8.1. In accordance with international guarantee introduced by NORQAIN, for a period of two (2) years from the date of purchase any defective products that are purchased via this website or an official point of sale / NORQAIN dealer, will be repaired or if necessary replaced at the sole discretion of NORQAIN, regardless of the place of purchase of this product. Any other warranty claims are not permissible. Warranty claims must be accompanied by a document confirming the purchase date. The following documents are accepted as proof of purchase:
– an international guarantee certificate with stamp and date;
– the original copy of the sales receipt or delivery note;
– a bank or credit card statement (together with the above-mentioned documents).
Returns of products on the basis of this guarantee shall be sent by reg-istered post to the headquarters of NORQAIN in Switzerland (current address given on the website) or handed in at an official point of sale / NORQAIN dealer.
8.2. Delivery costs for the shipment in either direction will not be covered by NORQAIN.
8.3. Defects caused by improper, abusive or abnormal use are not covered by the warranty.
9. Liability of NORQAIN
9.1. Liability of any kind (including contractual liability and liability) by NORQAIN pursuant to or in connection with this contract is excluded, except in the case of unlawful intent or gross negligence on the part of NORQAIN. Liability of any kind (including contractual liability and lia-bility) by NORQAIN for its auxiliary persons and their acts or omissions is excluded. NORQAIN may not have obligations other than those set out in this agreement and that are expressly designated as such.
9.2. Notwithstanding the general nature of the foregoing, if NORQAIN has a right, discretion or room for manoeuvre (including, but not restricted thereto, if NORQAIN can reject or revoke consent or approval, reject or cancel an order, terminate a contract or a relationship or halt the deliv-eries of goods), NORQAIN has no liability whatsoever in connection with this right, its discretion or its room for manoeuvre or the execution thereof.
9.3. NORQAIN shall under no circumstances be held liable for consequen-tial loss and foregone profits.
10. Transfer of benefit and risk
Risk and benefit are transferred on the date of the delivery of the prod-uct to the customer or to the carrier (in the case of delivery to the transport company, this takes precedence) to the customer. Risk within the meaning of this provision means, among other things, responsibil-ity for damage to the product through the use, handling or storage thereof.
11. Contractual obligations of the customer
11.1. By placing an order via the website of NORQAIN, the customer guarantees that he was legally competent to make legally binding con-tracts and was at least 18 years old.
11.2. The customer is not permitted to trade with goods from NORQAIN.
12. Payment obligations of the customer
12.1. The price becomes due at the latest on dispatch of the order confirma-tion or acceptance by the sales staff. Payment must be made in ad-vance.
12.2. If the transaction does not go through, the purchaser must compensate NORQAIN for any damage incurred.
12.3. Until full payment of the purchase price, as well as all other amounts owed such as, in particular, shipping and transport costs and value-added tax, the goods remain the property of NORQAIN. The customer may not pledge, sell, process or remodel the goods or otherwise dis-pose of them in any way until that time. In the event of any delay to payment, NORQAIN is entitled to retention of title at the expense of the customer via the Debt Enforcement Office in the retention of title regis-ter.
12.4. In case of delay by the customer for the payment of any amount owed to NORQAIN, without a reminder by NORQAIN interest on arrears of seven percent (7%) per year on this amount will become due from the due date of the amount until the date of actual receipt of the amount by NORQAIN.
13.1. NORQAIN may offset its claims against counter-claims of the custom-er.
13.2. The customer is not entitled to offset its own claims with claims of NORQAIN.
14.1. NORQAIN reserves the right not to deliver to certain countries.
14.2. The customer is responsible for ensuring that he sends a correct delivery address to NORQAIN. If the information supplied by the cus-tomer is not inaccurate or incorrect, NORQAIN is not liable for the ina-bility to deliver the order or for keeping to any deadlines. In the event of loss of the product, the customer payment will not be refunded.
14.3. As a general rule, the ordered product will be released for dispatch 7 working days from the order confirmation from NORQAIN to the ad-dress given by the customer, unless otherwise stipulated in the order confirmation.
14.4. If personalisation of the product is desired, namely engraving of the NORQAIN plate, an additional 10 days for the creation and assembly of the desired NORQAIN plate is to be expected.
14.5. If NORQAIN cannot respect the estimated delivery date specified in the order confirmation, NORQAIN will contact the customer immedi-ately and inform him of the new delivery date. If the customer refuses the revised delivery date and NORQAIN is not capable of delivering the product(s) within 30 days of the original date of the order or, where appropriate, before the specifically agreed delivery date, the customer may cancel the order without costs and receive a full refund of the pur-chase price paid. This provision does not apply to personalised prod-ucts.
15. Intellectual property
NORQAIN reserves all intellectual property rights to the full extent, and in particular all patent, design, copyright, name and corporate rights.
16. Partial invalidity
If one or more provisions of these General terms and conditions or any other contractual provisions as agreed between the parties become void or invalid, the remaining provisions of these General terms and conditions or of any other agreed provisions shall not be affected thereby. They will remain unchanged and retain their validity. Void or invalid provisions are to be replaced with economically equivalent, lawful provisions which come as close as possible to the purpose of the contract.
17. Applicable law and jurisdiction
17.1. All contracts between the parties shall be governed by Swiss law to the exclusion of the Vienna Sales Convention (United Nations Con-vention on Contracts for the International Sale of Goods) and under exclusion of any conflict of law provisions.
17.2. For any disputes arising directly or indirectly from the contractual relationship between the parties, the court at the headquarters of NORQAIN shall have exclusive jurisdiction. Compulsory courts of ju-risdiction remain reserved. NORQAIN is entitled to sue the customer at his place of residence or headquarters.
18. Agreement with the General terms and conditions
Upon conclusion of a purchase contract, the customer declares that he has read, understood and agreed to these General terms and condi-tions.