T&C

1.Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as "T&C") apply to all business relations between SUNAS Sopi (hereinafter referred to as "SUNAS," "we," or "us") and the customers (hereinafter referred to as "customer," "buyer," or "you") for products (hereinafter referred to as "products" or "goods") purchased through our website (hereinafter referred to as "Online Shop" or "website").

The online shop is operated by:

SUNAS Sopi

Vialstrasse 1, 7205 Zizers

info@sunas.ch

Individual agreements concluded with the customer take precedence over these T&C. Contrary conditions from the customer are not recognized.

SUNAS reserves the right to change these T&C at any time. All changes become effective with the publication of the new T&C on the website. The relevant point for the application of the valid T&C is the date of placing a binding order for a product.

Please carefully read these T&C before placing a binding order. By placing a binding order for our products, you agree to the following conditions as well as our Privacy Policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.

2.Conclusion of a Purchase Agreement

The representation of products on the online shop is not a legally binding offer but rather an informal online catalog or an invitation for customers to order the product through the online shop. SUNAS explicitly reserves the right to change the products, as well as the content such as images, range, prices, and product descriptions, at any time and without prior notice. Images, pictures, brochures, advertisements, and other product-related information serve solely for informational purposes and are not binding on SUNAS. Variations in color, structure, and processing are possible due to differences in screen settings.

Customers can place a binding order for the selected products through our online shop. Adding products to the "shopping cart" does not constitute a binding order. An order is considered binding only when the customer clicks on the "order" button at the end of the ordering process. Before submitting the order, customers can amend and review the details, identify any input errors, and correct them before the final binding order is placed.

An order confirmation will be promptly and automatically sent to the customer via email. This confirmation email includes the data of your order and our T&C, which you accepted during the ordering process. The confirmation email serves only as an acknowledgment that we have received your order. The automatic order confirmation does not constitute a purchase agreement. By submitting the order, you confirm that you have read and unconditionally agree to the T&C. We recommend printing or saving the T&C for online ordering purposes and documentation.

Once a binding order is placed, SUNAS has the discretion to either accept the order or decline it by sending a corresponding notification via email, without any liability to you or any third party. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order might include unavailability of a product, inability to obtain customer payment authorization, or suspicion of the customer violating these T&C, individual contracts, engaging in fraudulent or other criminal activities, or for any other significant reason.

Upon acceptance of the order, a binding purchase agreement is established with the customer. This acceptance occurs by shipping the ordered products.

Commercial distribution or resale of our products to private customers is prohibited.

3. Availability and Reservation of Performance for Non-Deliverable Products

All information regarding the availability, shipping, and delivery of a product are provisional and approximate estimates. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or delays in shipping or delivery is expressly excluded.

Our products are available as long as our stocks last. If SUNAS determines during the processing of your order that the products you've ordered are unavailable, we will promptly inform you. In such a case, a contract for the non-deliverable products will not be established since the ordered products cannot be delivered.

Additionally, we reserve the right to limit the number of items that can be purchased by a customer. In such cases, we will inform the customer via email accordingly.

4. Prices and Shipping Costs

Our products and prices correspond to those stated on the website. All prices are listed in CHF (Swiss Francs) and include the statutory value-added tax (VAT) of 7.7%.

SUNAS reserves the right to change prices at any time. The products will be charged based on the prices offered at the time of the binding order.

5. Payment Terms/Credit Check

Orders are generally due for immediate payment.

Customers have the option to pay using the payment methods displayed on the website or during the order process. These methods may change from time to time. Additionally, we reserve the right to, in specific cases, not offer certain payment methods and refer to other payment methods we utilize (for instance, to safeguard our credit risk according to the respective creditworthiness). SUNAS is explicitly authorized by the customer to, at its own discretion, conduct credit checks and potentially disclose customer data to third parties for this purpose.

By selecting the payment method, the customer authorizes payment either by entering credit card details or access credentials of a payment service provider. The customer authorizes SUNAS to receive or collect payments through the respective means. In case of chargebacks, SUNAS is entitled to reimbursement for associated costs and bank processing fees. Moreover, SUNAS is not liable for any potential fees or other amounts charged by your card issuer or bank as a result of processing your payment according to your order.

When paying with a credit card or an alternative payment method, we reserve the right to verify the card's validity, check the availability parameters for withdrawal, inspect address details, and request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the entered payment data is correct. If the payment is declined, SUNAS reserves the right to cancel the order and cease product shipment. In such a case, we will promptly get in touch with you.

6. Delivery Terms

Deliveries are primarily carried out using the services of the Swiss Post AG. The applicable shipping costs must be paid in advance by the buyer.

For products ordered through our online shop that are in stock, they will typically be delivered to you within 3–4 working days following the receipt of the full payment, depending on the destination.

If products ordered are marked as out of stock, SUNAS will make every effort to deliver the products as quickly as possible. Although SUNAS strives to meet the specified delivery times, we cannot be held responsible for delivery delays, regardless of their cause. You will be promptly informed of any occurring delivery delays.

Should the inability to perform the delivery persist for more than 3 weeks after the original delivery date, the customer is entitled to cancel their order. Further claims, particularly claims for damages, are excluded.

In the event that product delivery fails due to the fault of the customer despite three attempted deliveries, SUNAS reserves the right to withdraw from the contract. Any payments made will be promptly refunded, if applicable.

7. Retention of Title

SUNAS retains ownership of the delivered products until they have been fully paid for.

8. Notification of Defects/Warranty

SUNAS ensures that the goods correspond to the agreed specifications and do not have any defects impairing their value or fitness for the intended use.

Upon receipt of the products, the customer is required to promptly check for accuracy, completeness, and any potential damages. Any errors or damages should be reported to SUNAS within 3 working days. Defects that could not be discovered during a proper examination but arise later should be reported immediately upon discovery. Failure to examine or promptly report defects implies the approval of the product, forfeiting your right to claim against us.

Legal warranty regulations apply to manufacturing faults, material, or production defects. The warranty period is 2 years from the receipt of the product. Excluded from the warranty are products damaged due to the buyer's fault.

The customer's warranty claims are limited to replacement delivery or rectification/repair, excluding all other claims, notably reduction or compensation for consequential damages. SUNAS determines, at its discretion, whether to proceed with replacement or rectification. In case of unsuccessful replacement or rectification and substantial defects, the customer is entitled to cancel the contract.

For reporting complaints or service inquiries, please contact us at the following address, providing the order number, customer ID, a description of the fault, and any other helpful information:

SUNAS Sopi, Vialstrasse 1, 7205 Zizers, info@sunas.ch

The defective product, along with a copy of the invoice and a detailed description of the fault, should be returned to the above-mentioned address. The return of a product is at the customer's expense and risk. Please ensure you receive confirmation of your return and keep this confirmation, as the loss of the package might impede your warranty claim.

9.Data Security

We employ appropriate technical and organizational security measures to protect your personal data against unauthorized access and misuse. These measures include providing guidelines, training, IT and network security solutions, access controls and restrictions, password encryption, data storage and transmission encryption, pseudonymization, and routine checks. However, we cannot guarantee the security of data transmission over the internet, especially concerning email, as there is a risk of third-party access.

10.Liability

SUNAS is liable only for damages proven to have been caused by its unlawful intent or gross negligence in violation of its obligations under these terms and the contractual relationships based upon them. Liability for minor and moderate negligence, as well as for indirect and consequential damages, is expressly excluded, irrespective of whether arising from a contract, tort, or any other cause. Indirect damages include but are not limited to lost profits, financial losses, damage to reputation, or data loss due to temporary impairments or interruptions in SUNAS services. Additionally, SUNAS assumes no contractual or non-contractual liability for damages caused by auxiliary personnel engaged in service provision.

The above exclusions and limitations of SUNAS's liability do not apply in the event of SUNAS's directly culpable violation of life, body, and health or under mandatory legal regulations, including those governed by product liability laws.

Subject to the aforementioned, the total liability based on these terms, irrespective of the cause and to the extent legally permissible, is limited to the price of the goods ordered by the customer.

Events Beyond Our Control

In instances where events occur outside our sphere of influence and control (known as force majeure), we disclaim any liability or responsibility for non-performance or delayed performance of obligations outlined in these terms and the corresponding contractual relationships. Such events outside our control include, but are not limited to, strikes, blockades, or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks. In the event of occurrences beyond our control that affect our obligation fulfillment under the contract, we will inform you at the earliest possible time.

11.Data Protection

SUNAS collects and processes personal data only in compliance with legal provisions, particularly adhering to the applicable data protection laws.

12.Copyright

The information and content published on the website are protected by copyright and are the property of SUNAS or the respective rights holder. Reproduction, alteration, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. SUNAS and the corresponding rights holder explicitly reserve all relevant rights.

13.Severability Clause

Should any provision of these terms and conditions become unlawful, invalid, or unenforceable for any reason, this does not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that largely corresponds to the economic purpose of the provision and the intent of the parties at the time of contracting. The same applies to any potential gaps in these terms and conditions.

14.Applicable Law and Jurisdiction

These terms and conditions, the resulting contractual relationships, and any disputes are governed exclusively by Swiss substantive law, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For natural persons, the place of jurisdiction is the domicile of SUNAS or the customer's place of residence. For legal entities, exclusively the domicile of SUNAS serves as the place of jurisdiction.