These general terms and conditions («GTC») apply to all business relationships Novidarte Welt der Werbeartikel AG, Fabrikweg 16, 5033 Buchs AG, Switzerland with its customers about all products or services of NOVIDARTE.

The application of the customer's general terms and conditions or their general terms and conditions of purchase
is excluded.

NOVIDARTE can change the GTC at any time and without prior notice, whereby the PDF version published on the website www.novidarte.ch upon conclusion of the contract is decisive.

2 Non-binding product information

The presentation of the NOVIDARTE range on websites, in catalogues, in advertising or in other media is for illustration purposes only and is always non-binding and does not constitute an offer to conclude contracts.

All information in NOVIDARTE's sales documents about the design and quality of the products (e.g. drawings, illustrations, dimensions, weights and other services) are only to be understood as guide values ​​and do not represent any assurance of the properties of the products in question, unless they are expressly designated as binding in writing.

Information in NOVIDARTE's sales documents about the quality of products, compliance with certain safety standards or other standards does not constitute a guarantee of the properties of the products in question, unless they are expressly designated as binding in writing.

The relevant product information is transmitted to NOVIDARTE by the respective product manufacturer. However, NOVIDARTE cannot check the correctness of this product information and therefore completely excludes any guarantee for the correctness of this product information.

However, the customer can always order a chargeable sample of the product in question in advance and check the relevant properties himself.

3 Formation of a Contract

If the customer has a customer account on the NOVIDARTE website, he can place orders directly via the website. As part of the ordering process, the costs and contractual conditions associated with an order as well as the available payment terms are presented to him in a transparent manner. By selecting the “Order with costs” button, the customer can finally send a binding application to NOVIDARTE to conclude a contract.

If the customer does not have a customer account, he can send NOVIDARTE an application to conclude a contract by email or letter. The product name, the exact article number, the colour, the desired order quantity as well as the billing and delivery address must be specified. NOVIDARTE then sends the customer an offer for the products specified by the customer in the order. The customer must check the offer immediately and, if necessary, expressly send NOVIDARTE his consent by e-mail or letter. NOVIDARTE can revoke the offer at any time until the customer agrees. In any case, an offer is valid for a maximum of three days.

After conclusion of the contract, NOVIDARTE sends the customer an order confirmation with the agreed payment options if the customer has not already made the payment. The customer must check the order confirmation immediately and report any errors to NOVIDARTE immediately in writing or by email. Otherwise, the content of the order confirmation is deemed to have been accepted by the customer.

If NOVIDARTE cannot accept a customer application, it will be informed immediately about the unavailability of the products or the rejection of the application and any payment already made will be refunded to the customer. Orders for products or services that are only temporarily unavailable remain in place and will be executed as soon as possible. In the case of partial deliveries, NOVIDARTE bears the additional costs incurred.

4 Customized Products

If products can be provided with individual engravings and printing of logos and texts, the customer can send up to three files in the formats EPS, AI or PDF per order. NOVIDARTE will then select the most optimal file for the customer. NOVIDARTE recommends ordering a sample of the product in question in advance.

In the case of products with individual engravings and printing, NOVIDARTE is entitled to deviate from the ordered quantity by up to a maximum of 10%. In the case of corresponding excess or short deliveries, the costs are based on the actually delivered quantity. A return of individualized products is excluded in any case.

5 Prices, additional and shipping costs

All prices published on websites, in catalogs or via other media are subject to change and are in Swiss francs and exclusive of VAT, shipping costs or any other additional costs. The price stated in the order confirmation from NOVIDARTE is decisive. However, NOVIDARTE can correct the prices in the event of price and cost increases, changes in freight, customs duties and other charges occurring after the conclusion of the contract. NOVIDARTE charges additional costs of CHF 60.00 per item for the procurement of original products. Additional costs of CHF 20.00 per address are incurred for the creation of neutral shipping documents and accompanying documents.

NOVIDARTE ships products as standard within Switzerland and to the member states of the EU and EFTA. Deliveries to other countries will be checked by NOVIDARTE upon customer request. Shipping is via Swiss Post ( www.post.ch ) or via GLS ( www.gls-pakete.de ) in accordance with the general terms and conditions of the relevant supplier, which are published on their website.

When ordering via a customer account, the shipping costs and expected delivery times are specified in the shopping cart or can be calculated using the shipping cost calculator. When ordering without a customer account, the shipping costs and the expected delivery times result from the offer or the order confirmation.

6 terms of payment

The purchase price and the shipping costs are due upon conclusion of the contract. NOVIDARTE only accepts the payment methods specified or agreed during the ordering process. Invoices are to be paid net within 15 days of the invoice date. Payment by invoice requires excellent creditworthiness. NOVIDARTE can also request advance payment at any time. In this case, the order will only be processed after receipt of payment. Discount charges, exchange costs and other payment costs shall be borne by the buyer.

If the customer is in arrears with the settlement of a claim, NOVIDARTE can claim interest on arrears of five percent as well as additional expenses, especially if the claim is enforced by a debt collection agency or a lawyer. In addition, NOVIDARTE can charge a fee of CHF 30.00 for each reminder.

7 Delivery times and delays in delivery

NOVIDARTE attaches great importance to providing up-to-date and accurate information on availability and delivery times. However, due to production or delivery bottlenecks in particular, delivery delays may occur both at NOVIDARTE and at dealers or producers. All information on availability and delivery time is therefore without guarantee and can change at any time. In addition, delivery periods only begin when the customer has submitted all the documents to be procured by him.

If NOVIDARTE is in default of delivery, the customer (except for individualized orders or special orders) can withdraw from the contract in writing or by e-mail from the 30th calendar day after the announced delivery date. In this case, NOVIDARTE will reimburse the customer for amounts already paid in advance. Any further claims against NOVIDARTE do not exist.

8 Impossibility to deliver

If a partial or complete delivery impossibility occurs after an order has been placed or the contract has been concluded, the contract will be dissolved to the corresponding extent. The customer will be informed as soon as possible by e-mail.

If the impossibility occurs before the risk passes to the customer, the customer will be released from the payment obligation to the appropriate extent and NOVIDARTE will reimburse payments already made. Further claims due to delay in delivery or delivery failure are excluded.

9 Export barriers and import duties

Export restrictions may apply when products are shipped or services are provided to countries outside of Switzerland. In this case, it is a case of an impossibility of delivery according to clause 8.

Country-specific customs duties, taxes and fees may also apply, which do not constitute shipping costs and are to be borne separately by the customer. The customer is responsible for the proper payment of the necessary duties, taxes and fees. The local customs offices will provide information about the amount of the fees.

10 Order Change or Cancellation

Orders oblige the customer to accept the products and services. NOVIDARTE can accept subsequent changes or cancellations of orders at its own discretion and charge a processing fee of 20% of the canceled order value, but at least CHF 60, as well as any loss in value of the canceled products since they were ordered.

11 Obligation to examine and give notice of defects

The customer must immediately check the services rendered and the products delivered or collected for correctness, completeness and delivery damage.

In the case of forwarding deliveries, any delivery damage must be noted on the delivery note. Recognizable delivery damage, incorrect and incomplete deliveries or other defects must be reported within 5 calendar days of acceptance of service or product collection or delivery by email or in writing. Otherwise the customer's warranty claim is void. Hidden flaws
must be reported within 5 calendar days of discovery by email or in writing.

12 Warranty

NOVIDARTE guarantees that its services are provided with care and that its products are free of defects at the time of the transfer of risk. In the case of collection by the customer, the risk passes to the customer when the products are discarded and in the case of deliveries by NOVIDARTE when the products are dispatched.

If a product or service is demonstrably defective at the time of the transfer of risk, NOVIDARTE will, at its own discretion, remedy the defect by (i) repairing it free of charge, (ii) providing the customer with a partial or complete replacement with an equivalent product or (iii) giving the customer a credit note grant taking into account the current value of the affected product.

Defects or damage due to culpable or improper handling, improper installation, natural wear and tear or the use of unsuitable accessories or modifications to the original parts by the customer or third parties not commissioned by us are excluded from the warranty.

13 Limitation of Liability

NOVIDARTE is only liable for proven grossly negligent or intentionally caused damage and otherwise excludes any liability - to the extent permitted by law - whereby the legal presumption according to Art. 97 Para. 1 OR is waived. This also applies with regard to the personal liability for damages of employees, representatives and vicarious agents of NOVIDARTE.

In particular, NOVIDARTE is not liable under any circumstances for (i) slight negligence, (ii) indirect and indirect damage and consequential damage and loss of profit, (iii) unrealized savings, (iv) damage from delay in delivery and (v) any acts and omissions of the auxiliary persons of NOVIDARTE, be it contractual or non-contractual.

14 Privacy Policy

NOVIDARTE processes personal data exclusively in accordance with the legal provisions and the data protection declaration published on the NOVIDARTE website. With the order, the customer agrees to the inclusion of his data in the customer database
for supplying, advertising and collecting internal statistics. He can revoke his consent at any time with effect for the future.

15 Use of Customer Reviews

If the customer writes a customer review, NOVIDARTE may display this text in all NOVIDARTE sales channels, web shops, apps and social media sites. NOVIDARTE reserves the right not to display a review or only for a limited period of time and can also shorten it if this is necessary for legal or technical reasons. Customer reviews always reflect the opinion of the customer concerned and do not indicate the views of NOVIDARTE.

16 Right of Withdrawal

The customer can revoke contracts for physical products within 14 days without giving reasons in text form or by returning them. The period begins upon receipt of the instruction in text form, but not before the goods have been received by the customer. To meet the deadline, it is sufficient to send the cancellation or the products to NOVIDARTE in due time.

In the event of timely revocation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. Compensation for the value is to be paid for whole or partial returns or returns in a deteriorated condition, insofar as the deterioration of the item is exclusively due to its inspection - as it would have been possible in a retail shop. The costs of the return are to be borne by the customer if the delivered goods corresponded to the ordered ones.

There is no right of withdrawal for NOVIDARTE products and services that are digital or specially produced or customized for the customer.

17 Settlement and Retention

The customer is only entitled to offset if his counterclaims have been legally established, are undisputed or recognized. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract or service contract.

18 Severability

If one or more provisions of these General Terms and Conditions prove to be ineffective, this does not affect the validity of the remaining provisions. In this case, the parties will adapt the contract in such a way that the intended purpose of the contract is achieved as far as possible.

19 Governing Law and Jurisdiction

The contract is subject to Swiss law to the exclusion of international conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.

Subject to mandatory legal provisions, the exclusive place of jurisdiction for all legal disputes is Buchs, Canton Aargau.