GENERAL TERMS AND CONDITIONS OF SALE SWISSFEARLESS LLC

1. Generalities / Conclusion of the contract
All transactions concluded with swissfearless sagl are governed by these General Terms and Conditions (GTC). These GTC shall apply to all orders. Substantial changes to these or special agreements that deviate from these are only possible if agreed in writing. Swissfearless sagl reserves the right to unilaterally change these GTC at any time, whereby the wording valid at the time of the order shall apply.
 
A sale contract is concluded as soon as the customer places an order, by acceptance of the offer (also by e-mail); payment of the invoiced goods or at the latest by sending the goods to the address provided by the customer. In the case of an online order, the customer receives confirmation of the order/invoice at the e-mail address provided. Offers are valid within the limits of available stock.
 
Orders are binding and the customer is obliged to accept the products and services. Modifications or cancellations of orders may be accepted at the customer's discretion, in which case the right is reserved to charge the customer 20% of the value of the cancelled order (for a minimum of CHF 60), as well as any depreciation of the products since the order was placed.
 
2. Communications

To ensure equal treatment between customers and our employees, we respond to messages or orders that clearly identify the sender. The sender's first and last name (plus company name for companies) and place of residence (or registered office) must be indicated.
 
3. Prices

We can provide our customers with the best purchasing advantages according to the quantity of products ordered. Therefore, the prices indicated in each individual offer, respectively those agreed with the customer for customised goods, apply. The prices are generally indicated net (+VAT + shipping costs).
 
4. Minimum order amount

The minimum order amount is 39 CHF.
 
5. Customisation
Customised products, supplied at the customer's request, are ordered in writing. As these are customised supplies, insofar as they comply with the agreements with the customer, the products cannot be returned.
 
6. Shipping costs
Shipping costs are fixed for each offer and are determined on a case-by-case basis. Unless otherwise specified, a minimum of CHF 10.- shall be charged.
 
7. Delivery, delivery times
All orders are processed according to these GTC. Changes or comments on the delivery method shall not be taken into account unless agreed in writing. Delivery is made by Swiss Post or by courier. In principle, products are dispatched, subject to stock availability, within 5 working days of order confirmation. However, it is understood that depending on special situations (such as production requirements or a particular demand for products), this deadline is to be considered without guarantee and is intended as approximative.
 
If a completed order proves impossible to deliver (in part or in full), the customer shall be informed by e-mail. If the payment has already been made, this shall be refunded up to the amount of the parts of the order that cannot be delivered. If the payment has not yet been made, the customer is released from the obligation to pay for those parts of the order that cannot be delivered. Any further claims in the event of delay or non-delivery are excluded.
 
8. Collection of goods
Unless otherwise agreed in writing, products shall only be delivered by post and cannot be collected on site.

9. Payments and invoices
The ordered products are payable within 20 days. For new customers or special situations it may be discretionary for the seller to ask for an advanced payment. For public institutions, schools or hospitals, products can also be supplied on invoice for first orders. The customer agrees to validly receive invoices, reminders or communications in writing, also exclusively electronically.
 
10. Default of payment
In the event of payment arrears, default interest at the rate of 8% plus reminder fees (CHF 10 per reminder) shall be due. In the event of non-payment despite a reminder, the collection procedure will be continued.
 
11. Bank details
swissfearless sagl 
Credit Suisse (Switzerland) AG
IBAN: CH76 0483 5110 9854 6100 0
Clearing: 4835
BIC / SWIFT: CRESCHZZ80A
Number: 110985461000
 
12. Retention of title
Until the complete payment of the goods, the products remain in the property of the seller.
 
13. Obligation to check and transport damage
The customer is obliged to immediately and accurately check the conformity, completeness and possible delivery damage of the products delivered or collected.
 
Transport is carried out at the risk of the recipient, this from the moment the goods leave the seller's warehouses. This procedure, which is in accordance with commercial practice, means that claims for damage against the carrier (post office, courier) must be made by the recipient. Transport damage must be notified to us in writing within 3 days of delivery.
 
14. Defects
Defects in the products must be notified in writing within 3 days of receipt. The statutory provisions are otherwise applicable.
 
15. Right of return without defects
Products may be returned within two weeks of receipt. For each returned product, the reason for return must be indicated on the delivery note next to the item in question. As these are disposable devices or devices whose effectiveness is determined by their integrity, products may only be returned in their original, unopened and unsealed packaging to: 
 
SuspireSwiss SA
Via Penate 16
6850 Mendrisio
 
The customer is responsible for the cost of the return. The customer shall be responsible for choosing the most appropriate method of return as long as he/she can prove that the return has been received by the seller. Returned items that are damaged or in open packaging cannot be refunded. The provisions of Art. 5 of these GTC remain applicable.
 
Once the returned products have been correctly received, the amounts corresponding to the articles in question will be credited back to the customer. The refund processing time may vary and take several days.
 
16. Jurisdiction and applicable law
The place of jurisdiction for any dispute relating to the supplies covered by these GTC shall be Swiss law, with the place of jurisdiction being Lugano.
 
17. Partial nullity

Should one or more provisions of the GTC prove to be void or ineffective, these GTC shall remain valid for the rest.

 

version 2021                           in case of discrepancies, the Italian text shall prevail                      pag.1/1