(CONDITIONS)

Online shop – www.nivays.ch

• The prices stated in our online shop include VAT and are given in Swiss francs (CHF).

• All prices quoted are exclusive of shipping costs, where applicable.

• Shipping prices are in accordance with the normal postal rates for A-Post and B-Post prices for different package sizes. All shipments are in accordance with Post AG - domestic shipments.

Customs costs and duties

• All applicable customs costs, import fees, taxes and related charges in connection with the delivery of products by NIVAYS are to be borne solely by the buyer. NIVAYS cannot accept any responsibility for these costs.

• Buyer's Responsibility - The buyer is responsible for making all necessary payments for customs duties and other taxes in a timely manner. This includes compliance with all relevant laws and regulations in the importing country.

• Obligation to pay - Customs fees and duties are not included in the product prices or shipping costs and must be paid separately by the buyer to the relevant authorities. NIVAYS is not obliged to pay or cover these costs in advance.

• Consequences of non-payment - Failure to pay customs fees due may result in delays in delivery, additional costs or confiscation of the goods by customs authorities. The buyer is solely responsible for such consequences.

• Assistance from NIVAYS - NIVAYS will provide the Buyer with all the necessary information and documentation required to complete customs formalities, but the final responsibility for compliance with customs regulations and payment of the relevant fees rests with the Buyer.

• Disclaimer - NIVAYS shall not be liable for any loss, damage or delay caused by the buyer's non-payment or late payment of customs fees and duties. The buyer bears full risk and responsibility for all customs matters.

Payment / Retention of title / Credit check

• Payment of the purchase price can be made either in advance, via PayPal, Twint, credit card or PostFinance, as provided for on the website.

• You are only entitled to rights of set-off or retention to the extent that your claim has been legally established or is undisputed.

• We retain title to the goods delivered in any case until the respective invoice amount for a delivery has been paid in full (final and unconditional credit of the total purchase price). We are entitled to make a corresponding entry in the retention of title register before or after the handover of the products.

• As a customer, you are not entitled to pledge the reserved goods or to transfer them as security before full payment. You may only resell the reserved goods as part of the proper course of business. In the event of resale, you hereby assign to us all claims against your customer arising from this in full as security for our claim. You will notify us immediately of any third-party access to the reserved goods or the claims assigned to us and inform third parties of our rights.

Delivery and transfer of risk

• We only deliver to delivery addresses in Switzerland, Liechtenstein and Germany.

• The shipping costs are regulated in the General Terms and Conditions of Nivays GmbH.

• The goods are dispatched from our warehouse in Mitlödi (GL). This is also the place of fulfillment.

• If not all ordered products are in stock, we are entitled to make partial deliveries.

• Our service is a contractual obligation and is fulfilled upon handover to the transport person.

• The delivery times stated in the online shop or in our order confirmation in accordance with Nivays GmbH's General Terms and Conditions are calculated from the time of our order confirmation.

• As an exception, we are not obliged to deliver the ordered goods if we have ordered the goods correctly but have not been delivered correctly or on time. The same applies in the event of events beyond our control, such as war, strikes, natural disasters, pandemics and epidemics or government measures in this context that prevent us from fulfilling our obligations on time or at all or lead to uncertainty about this. In this case, we will inform you and refund any payments already made. Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's obligation. The objection of non-fulfillment of the contract remains reserved.

• If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. We reserve the right to assert further claims.

refund policy

If you should ever decide to return an item, you can do so under the following conditions:

• You can return the products to us within 14 days, stating the reason, at your own expense and risk. Free returns are to be determined by NIVAYS. IMPORTANT: Labels and packaging must be returned to us in their original and resalable condition. Compensation will be made by means of an exchange or voucher for the value of the goods. The deadline begins on the day the goods are received. To meet the deadline, it is sufficient to send the goods on time. The return must be sent to:

NIVAYS GmbH, Im Park 2, CH - 8756 Mitlödi, Switzerland

The return policy relates solely to the size of the product and not to the color.

The following are excluded from the right of return (but not from warranty claims):

• Used articles

• Items missing their original packaging, are damaged or are missing accessories

• Damaged items (subject to warranty regulations)

• Gift vouchers and coupons cannot be returned or exchanged for money (cash/bank transfer, etc.).

• Specially marked products from clearance or sales promotions

• Items that have been placed or used outdoors (warranty claims are no longer valid)

• Socks or underwear, as well as food, cannot be returned due to hygiene regulations.

Consequences of return

• If the goods are returned correctly, we will refund the price you paid for the returned goods (excluding shipping costs, invoice fees, service fees for assembly, etc. and promotional and discount vouchers) by voucher after checking the products. The buyer can make the choice. A refund in cash is not possible. This will be handled by exchange or voucher.

• If the goods are not returned in the correct condition, we will inform you of this and, if possible, give you the opportunity to restore the goods to their correct condition (e.g. by supplying the original packaging or the missing accessories). If restoration is not possible or fails, we have the right to return the products at your expense and risk or to refund the purchase price less the loss in value of the product (particularly through use of the product) and to keep the products. In any case, the loss in value is at least 10% of the value of the goods in question, especially if the original packaging is damaged, with CHF 10 being the minimum deduction.

Obligation to inspect and give notice of defects, liability for defects

• You are obliged to inspect the delivered products as soon as possible in the normal course of business and to immediately report any defects to our customer service at support@nivays.com . If you fail to do so, the products are deemed to have been approved. Approval is deemed to have been given in any case unless the customer has submitted a written complaint of defects within 14 days of delivery.

• Defects that were not apparent during proper inspection in accordance with the previous paragraph must be reported to our customer service immediately after discovery by sending a message to support@nivays.com , otherwise the ordered products will be deemed to have been approved even with regard to these defects.

• We provide a guarantee by remedying defects. This is done at our discretion either by subsequent performance, namely removal of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

• If subsequent performance by repair or replacement delivery fails several times, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer is not entitled to a reduction in price. This exclusion of liability also extends to all claims that compete with the warranty rights, be they those arising from a contract (Art. 97 ff. OR), tort (Art. 41 ff. OR), contesting the contract due to error (Art. 23 ff. OR), etc.

• The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected by this. Advertising, public statements and praise by the manufacturer or seller do not constitute contractual assurances of the goods.

• We as sellers assume no liability for the descriptions of third parties, in particular customers in the context of customer reviews published in the online shop or our social media presences.

Liability

• Unless otherwise stated, all items offered are intended exclusively for use and application in the private sector (home fitness). For other uses, written consent must be obtained in advance.

• All cases of breach of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis on which they are made, are conclusively regulated in these terms and conditions. Under no circumstances shall the customer be entitled to compensation for damage that has not occurred on the product itself. A liability claim that exceeds the value of the order is excluded. Insofar as the seller's liability is excluded, this exclusion also applies to the liability of the seller's legal representatives, employees and vicarious agents.

• The exclusion of liability according to paragraph 2 above does not apply if it would violate mandatory provisions of the applicable law, e.g. for unlawful intent (intention) or for gross negligence or liability under the Product Liability Act.

data protection

• The Seller's handling of customers' personal data is regulated in the Privacy Policy, which forms an integral part of these Terms and Conditions.

• The privacy policy is contained on the website https://www.Nivays.ch.

Severability clause, right to change

• Should individual provisions of these General Terms and Conditions be invalid or incomplete or should their fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible, effective provision that, in terms of its content, comes closest to the original intention and the economic purpose pursued thereby.

• All changes or additions to these terms and conditions must be made in a form that allows proof by text, such as email. This also applies to a change to the written form requirement. As soon as the customer uses the seller's services after the change, he or she implicitly agrees to the new terms and conditions. The currently binding version of the terms and conditions can be viewed and printed at https://www.nivays.ch.

• Any other contractual terms and conditions of the customer, including those which the customer declares to be applicable when accepting the contract, do not become part of the contract. They are only valid if and to the extent that they have been expressly accepted by the seller in writing.

Applicable Law and Jurisdiction

• Swiss law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

• Unless mandatory consumer regulations apply, the place of jurisdiction for disputes arising from this contractual relationship is the registered office of the seller.

Changes to the Terms and Conditions

• You can view the most current version of the General Terms and Conditions at any time on this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

contact details

• Questions about the Terms and Conditions should be directed to us at support@nivays.com.