These general terms and conditions (hereinafter referred to as T&Cs) of Nishta GmbH as the seller and you as the customer apply to all orders in the nishta.ch online shop (www.nishta.ch) as well as to those purchases for which Nishta GmbH declares these T&Cs to be applicable.

Good service is very important to us. We want you to be 100% satisfied with our services and products. So if you have any suggestions on how we can improve, send your suggestions to: hello@nishta.com.

Scope

The General Terms and Conditions apply to all services provided by Nishta GmbH in the online shop nishta.ch and become valid when a contract is concluded. The deliveries, services and offers of Nishta GmbH are made exclusively on the basis of these General Terms and Conditions, even if they are not expressly agreed again. By sending an order to Nishta GmbH, you confirm that you have read these General Terms and Conditions and expressly agree to them.

Formation of a contract

All information about goods and prices during the ordering process is non-binding and subject to change. Purchase contracts are concluded when Nishta GmbH accepts your order. Nishta GmbH will confirm acceptance of the order to you via email and is subsequently binding for you. By placing your order, you confirm that you are aware of the scope and content of your order. Questions in this context can therefore be clarified with us in advance (hello@nishta.ch). If Nishta GmbH subsequently discovers that an error has crept into the information about a product, price or availability, Nishta GmbH will inform you of this immediately. You can confirm the order again under the modified conditions. Otherwise, Nishta GmbH is entitled to withdraw from the contract.

Delivery

Ordered items are delivered as quickly as possible depending on availability. If an item cannot be delivered immediately, Nishta GmbH will notify the buyer by email. Goods are generally delivered by post. The delivery time in Switzerland is usually 3-5 working days. However, this information is not guaranteed. We always try to inform the buyer about the expected delivery date.

Prices

The prices are adjusted to the market and are specified by the individual manufacturers as recommended prices. All prices of Nishta GmbH on nishta.ch include the VAT required by law in Switzerland (currently 8.1%) and exclude shipping costs. The actual shipping costs are displayed in the shopping cart before completing the order. Nishta GmbH can change the prices at any time. The time of the order on the website applies for the calculation of the prices.

Shipping costs

We charge a flat shipping fee of 8 CHF per order. For orders over 100 CHF, shipping is free within Switzerland. We do not ship abroad.

Payment conditions

The following payment options are available to you:

Payment by credit card, Twint and Post Finance.

Retention of title; offsetting; right of retention

(1) For consumers, we retain ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(2) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(3) If the customer is in default with any payment obligations to us, all existing claims become due immediately.

Right of withdrawal

Exchanges or returns are possible within 14 days of receipt. The goods must be returned in their original packaging and unused. Reduced items and items that we have ordered specifically for you from our suppliers are excluded from the right of return. The 14-day period is granted if you declare the cancellation in writing or by email by then and send the goods back to:

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Nishta GmbH

Aarmühlestrasse 35

3800 Interlaken

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Transport damage must be reported to the post office within 5 days. Nishta GmbH will only reimburse you for the value of the goods after receipt of the returned goods in the described condition.

Guarantee and warranty

The guarantee for goods corresponds to generally accepted standards and is 12 months, unless a longer or shorter guarantee period is expressly stated on the goods delivered. Defective goods must be reported in writing to the address given above within 7 days of delivery or after the damage has occurred, otherwise the guarantee claim expires. The guarantee claim becomes valid from the delivery date. It expires in the event of improper use or natural wear. Nishta GmbH reserves the right to make individual decisions in the event of a guarantee.

Minor model deviations

It happens that the design of individual items changes slightly. Nishta GmbH cannot naturally accept any liability for such modifications by manufacturers and suppliers. However, you can exchange such items within 14 days if you wish, as stated above under the heading Right of Withdrawal.

Care/handling

Nishta GmbH assumes no liability for the customer's misconduct in the care and/or handling of the delivered items. We therefore ask you to observe the relevant instructions on the goods.

Data protection

Nishta GmbH undertakes not to pass on your personal data to third parties. All personal data is treated confidentially. The data necessary for business transactions is stored and, if necessary, passed on to affiliated companies as part of the order processing. However, no liability can be accepted for the security of data transmitted over the Internet.

Liability

It is hereby expressly pointed out that no liability claims can be made against Nishta GmbH for indirect damage or consequential damage suffered by the customer, unless damage was caused intentionally or through gross negligence by Nishta GmbH.

Changes to the General Terms and Conditions

We expressly reserve the right to unilaterally change these General Terms and Conditions at any time without prior notice. The General Terms and Conditions as published in the web shop apply.

Choice of law

In any case, the relationship between you and Nishta GmbH is subject to Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The application of the provisions of the Vienna Sales Convention ("United Nations Convention on Contracts for the International Sale of Goods") is expressly excluded.

The place of jurisdiction is the legal headquarters of Nishta GmbH, currently Interlaken, unless the place of jurisdiction is determined by the jurisdiction law. Nishta GmbH reserves the right to take legal action against the customer in the courts of his or her place of residence or in any other competent court.

Interlaken, 23.03.2024