GENERAL TERMS AND CONDITIONS

1. Scope of application

The following General Terms and Conditions (hereinafter referred to as “GTC”) govern the business relationship between INOSENT Gaswarntechnik AG, Eichwatt 5, 8105 Regensdorf (hereinafter referred to as “INOSENT”, “us” or “we”) and its customers (hereinafter referred to as “customer”, or “you”) for the purchase of our products and services in our online store or by other means (e.g. by e-mail or on the basis of a telephone inquiry), unless otherwise agreed. Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer are not recognized. INOSENT reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the website at www.inosent.ch. When a product is purchased, the version of the General Terms and Conditions in force on the date the binding order is submitted to us shall apply. By submitting the order, you confirm that you have read the GTC and agree to them without reservation and that you are capable of acting and over 18 years of age.

2. Binding conclusion of contract

The presentation of the products on our website does not constitute a legally binding offer, but a non-binding online catalog or a non-binding invitation to order. The customer can place a binding order for the products selected via our online store. The order only becomes binding when the customer completes the order process and clicks on the “Order with obligation to pay” button on the order page. An order confirmation is sent to the customer by e-mail. This confirmation e-mail contains the details of your order and our GTC, which you accepted during the ordering process. The confirmation e-mail only serves as information that we have received your order. The order confirmation does not constitute a binding contract. A binding contract is only concluded when INOSENT accepts the order. This acceptance takes place either through an express confirmation of dispatch or through the dispatch of the ordered goods. In the case of an order based on an offer from us, a binding contract is concluded with the customer if the customer accepts the offer within the period specified therein. Our offers are valid for 90 days from the date of issue, unless a different period of validity is expressly stated in the offer.

3. Prices and shipping costs

Our prices, products as well as the service packages and the services included therein – including, where applicable, any instalment payments and their due dates – correspond to those stated on the website, in the order process, or in the offer, which form an integral part of these GTC. Prices are ex works Regensdorf, excluding VAT, transportation costs and packaging, unless otherwise stated in the order process or specifically agreed. The total price of the order, including all possible additional and shipping costs and the VAT to be paid, is displayed at the end of the order process. INOSENT reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time the binding order is placed.

4. Availability and delivery

All information on the availability and delivery of our products is approximate. They do not constitute binding or guaranteed delivery dates. Liability for unavailable goods or for delays in the delivery of goods is expressly excluded. Our products are available as long as our stocks last. Should we discover during the processing of your order that the products you have ordered are not available, we will inform you immediately. In this case, your order will be canceled and any payment already made will be refunded.

5. Terms of delivery

Delivery is carried out by courier services such as FedEx, DHL, TNT or the Swiss Post delivery service. The shipping costs shall be borne by the customer, unless otherwise agreed. Shipping costs are shown and invoiced separately. The goods that you order from us and that are in stock will be delivered to you within 6-8 working days, depending on the destination, unless otherwise agreed. If the products are marked as not in stock when the order is placed, INOSENT will endeavor to deliver the goods as quickly as possible. However, INOSENT is not responsible for delays in delivery, regardless of their cause. We will inform you immediately of any delays in delivery.

6. Payment terms

The means of payment specified in the online store or specially agreed with the customer apply. INOSENT may exclude individual means of payment in general or for individual customers without further justification. INOSENT reserves the right to carry out credit checks on customers and to pass on customer data required for this purpose to authorized third parties. In the case of payment on account, the customer will receive the invoice by e-mail after placing the order. The invoice amount is due immediately upon receipt of the invoice and must be paid within 30 days, unless otherwise agreed. For companies not registered in Switzerland or in justified cases (e.g. following a credit check), we reserve the right to demand payment in advance. For orders over CHF 10’000.– the following payment terms apply, unless otherwise agreed:

• ½ when the order is placed,
• ½ upon delivery.

7. Retention of title

The delivered goods remain the property of INOSENT until full payment including the services rendered. The transfer by way of security or pledging of the reserved goods is not permitted. INOSENT is entitled to have the delivered goods entered in the retention of title register in accordance with Art. 715 SCC (Swiss Civil Code; ZGB).

8. Guarantee

INOSENT grants customers a guarantee for certain products, depending on the sales model. Depending on the product and the selected sales model, the warranty period is two to five years from receipt of the product. The warranty conditions for the respective product and sales model stated in the online store or specially agreed with the customer are decisive. In the event of a warranty claim, the customer is only entitled to rectification or replacement. If a repair or replacement is carried out, the warranty period shall not be extended. All other statutory warranty rights, in particular reduction, rescission and compensation, are excluded. The choice of the type of defect rectification lies solely with INOSENT. If rectification or replacement delivery fails, the customer is entitled to withdraw from the contract in the event of significant defects. The statutory warranty is fully excluded in the event of a warranty claim – insofar as legally permissible. Excluded from the warranty are

• Non-compliance with the maintenance, installation or operating instructions;
• general wear and tear and consumable parts;
• excessive use and defects or damage resulting from tampering, alterations or other modifications to the product;
• operating errors or other improper use of the goods;
• replacement of parts or consumables that do not comply with the original specifications;
• any other improper use or damage caused by the customer’s own fault;
• damage caused by external influences, such as in particular natural disasters, force majeure or comparable circumstances.

9. Warranty

For products without a guarantee, the statutory warranty period of two years from receipt of the product applies, unless otherwise agreed. In the event of a warranty claim, the customer shall only be entitled to repair or replacement. A repair or replacement delivery does not lead to an extension of the warranty period. All other statutory warranty rights, in particular reduction, rescission and compensation, are excluded to the extent permitted by law. If rectification or replacement delivery fails, the customer shall be entitled to withdraw from the contract in the event of significant defects. The choice of the type of defect rectification lies exclusively with INOSENT. Excluded from the warranty are the same reasons for exclusion listed below as for the warranty (see section 8):

• Non-compliance with the maintenance, installation or operating instructions;
• general wear and tear and consumable parts;
• excessive use and defects or damage resulting from tampering, alterations or other modifications to the product;
• operating errors or other improper use of the goods;
• Replacement of parts or consumables that do not comply with the original specifications;
• any other improper use or damage caused by the customer’s own fault;
• damage caused by external influences, in particular natural disasters, force majeure or similar circumstances.

10. Obligation to inspect and procedure in the event of defects

Upon receipt of the goods, the customer must check them immediately for correctness, completeness and any damage. Defects or damage must be reported to INOSENT as soon as possible, but no later than 5 working days after receipt. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If the customer does not inspect the defect or report it immediately, the product is considered approved and the customer is no longer entitled to assert claims against INOSENT. Please contact us at the following address with the order number, the customer number, a description of the defect and other helpful information to report a complaint or for service questions: INOSENT, Eichwatt 5, 8105 Regensdorf, phone +41 (0) 44 556 83 00, e-mail: info@inosent.ch. The defective product must be returned to INOSENT at the above address with a copy of the invoice and a detailed description of the defect in the original packaging. The return of a product is at the expense and risk of the customer. Please have the return shipment confirmed and keep this confirmation. Without appropriate proof, a claim for defects cannot be processed in the event of a lost package. Refunds will be made using the same payment method as for the purchase.

11. Limitation of liability

Any liability of INOSENT under this contract, regardless of the legal basis, is excluded – subject to mandatory statutory provisions and provided that there is no intentional or grossly negligent behavior on the part of INOSENT. In particular, INOSENT also excludes any contractual or non-contractual liability for damages caused by auxiliary persons who are used to provide the service as well as for indirect damages. Indirect damages include, in particular, lost profits, pure financial losses and damages caused, for example, by computer viruses. Subject to the above, the total liability under these terms and conditions is limited to the price of the goods ordered by the customer from INOSENT, regardless of the reason and to the extent permitted by law.

12. Force majeure

If the timely fulfillment by INOSENT, its auxiliary persons or third parties involved is prevented due to force majeure, i.e. in the event of events beyond the control of INOSENT (such as official orders and measures, cyber-attacks, cases of natural disasters, epidemics or pandemics, wars, riots, sabotage or strikes). In the event of events beyond the control of INOSENT (such as official orders and measures, cyber-attacks, cases of natural disasters, epidemics or pandemics, wars, riots, sabotage or strikes), which significantly impair or prevent the fulfillment of services, INOSENT must inform the other party of the nature of the event in question and its expected duration as soon as possible in an appropriate form (such as in writing or in electronic form). In this case, INOSENT is entitled to postpone the fulfillment of its service to the extent of the duration of the hindrance and a reasonable start-up time, but must immediately resume the provision of services if the event in question does not occur. The parties shall endeavor in good faith to reduce the effects of a force majeure event as far as possible. Any further claims, in particular claims for damages due to force majeure, are excluded.

13. Copyrights / Software warranty

If software is included in the scope of delivery, it is provided to the customer exclusively for personal use. The customer is not entitled to copy or reproduce the software or to allow third parties to use it. There are no guarantee or warranty claims against INOSENT for the software. The provisions of the respective license agreement of the manufacturer apply exclusively.

14. Data protection

We collect and process personal data in accordance with the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related issues can be found in our privacy policy at [link], which forms an integral part of these GTC.

15. Severability clause

Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.

16. Applicable law and place of jurisdiction

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by substantive Swiss law to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the event of disputes arising from consumer contracts, the court at the domicile or registered office of one of the parties shall have jurisdiction for actions brought by the customer, and the court at the domicile of the defendant for actions brought by INOSENT. Consumer contracts are contracts for services that are intended for the personal or family needs of the customer. For all other disputes, the registered office of INOSENT shall be the exclusive place of jurisdiction.