TERMS & CONDITIONS
Terms & Conditions (AGB)
Online Shop – www.nivays.ch
Scope and Contract Partner
These Terms and Conditions apply to all contracts concluded between you as the customer and us as the operator of the online shop www.nivays.ch (hereinafter “Seller”). By placing an order, you accept the Terms and Conditions valid at the time of your order. All verbal or telephone agreements must be confirmed in writing to be binding, including confirmation by email.
The operator of the online shop www.nivays.ch (hereinafter “Online Shop”) and your contract partner is:
NIVAYS GmbH, Föhrenstrasse 17, 9631 Ulisbach, SG, Switzerland / support@nivays.com
Our product offerings are exclusively directed at customers with residence or habitual residence and delivery addresses within Switzerland.
Conclusion of Contract
The product presentation on our Online Shop is not a binding offer. By clicking the “pay now” button during the order process, you make a binding purchase offer valid for one week. Unilateral cancellation by you (e.g., due to error) is excluded. This does not affect your right of return (see below). Shipping costs for returns are borne by you, unless otherwise explicitly agreed.
The contract is concluded when we accept your order within the binding period, confirmed by invoice, shipping confirmation, or delivery of goods. For PayPal or prepayment, the contract is concluded upon payment confirmation; for credit card payment, upon authorization.
The contract applies only to items explicitly listed in the invoice, order confirmation, or shipping confirmation.
Contracts are concluded in German. Stored data serve as evidence of contract and transaction.
You may print or view your order details at any time during the process or in your customer account.
Prices and Shipping Costs
All prices include statutory VAT and are quoted in Swiss Francs (CHF). Additional shipping costs apply based on standard postal rates within Switzerland.
Customs Duties and Taxes
All customs duties, import fees, taxes, and related charges are your responsibility. NIVAYS assumes no liability for these costs or delays due to non-payment.
Payment / Retention of Title / Credit Checks
Payment methods include prepayment, PayPal, Twint, credit card, and PostFinance (if available).
We retain ownership of delivered goods until full payment is received. You are not allowed to pledge or assign goods under retention of title as security before full payment.
Delivery and Transfer of Risk
We deliver only to Switzerland, Liechtenstein, and Germany.
Shipping costs are regulated in the Terms & Conditions.
Goods ship from our warehouse in Mitlödi (GL), which is also the place of performance.
Partial deliveries are permitted.
Delivery is considered fulfilled upon handing goods to the shipping company.
Delivery times start from order confirmation.
Force majeure events (e.g., war, strikes, pandemics) may delay deliveries. We will inform you and refund payments if we cannot fulfill the order.
If you delay acceptance or breach cooperation duties, we may claim damages.
Return Policy
You may return products within 100 days of receipt in the original packaging and bags, unopened and in resalable condition.
Returns must be sent at your own risk and expense to:
NIVAYS GmbH, Föhrenstrasse 17, 9631 Ulisbach, SG, Switzerland
We do not refund money for returns. Instead, you will receive a voucher equal to the returned product’s value.
Excluded from returns are:
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Used items
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Items with missing or damaged original packaging or accessories
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Gift cards and vouchers
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Sale or clearance items
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Items used outdoors
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Socks, underwear, and food for hygiene reasons
If a returned product is not in a resalable condition, we reserve the right to reject the return or deduct a minimum 10% restocking fee (CHF 10 minimum).
Warranty and Complaints
You must inspect goods promptly upon receipt and report defects within 14 days to support@nivays.com.
We remedy defects by repair or replacement at our discretion. If unsuccessful, you may withdraw from the contract except for minor defects.
Manufacturer warranties remain unaffected.
Liability
Liability is limited to damages related to the product itself, up to the order value, except in cases of gross negligence or intent.
Data Protection
Personal data handling is governed by our Privacy Policy available at https://www.nivays.ch.
Severability Clause and Amendments
If parts of these Terms are invalid, the rest remains effective. Amendments require written form (including email). Using the service after changes implies acceptance.
Applicable Law and Jurisdiction
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Disputes are settled at the seller’s registered office.
