General terms and conditions
Effective: December 2018
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded through our online shop on our website www.9tlabs.com (hereinafter referred to as “Online Shop”) between 9T Labs AG (hereinafter referred to as “9T Labs” or “we” or “us”) and our Customer (hereinafter referred to as “Customer”).
By ordering our products and services, the Customer consents to these GTC and states that he is competent to enter into legally-binding contracts and is at least 18 years old. Other terms and conditions will not be accepted, unless they are confirmed by 9T Labs in writing.
The Customer is solely responsible for ensuring that all information provided during the purchase process is correct and complete.
9T Labs reserves the right to change these GTC unilaterally at any time. The version of the GTC valid at the time of the contract conclusion applies.
This Online Shop is operated by 9T Labs AG, Technoparkstrasse 1, CH-8005 Zurich, Switzerland.
For any questions about our products and services, a purchase or any other issues or complaints, the Customer can contact us via email on email@example.com.
Conclusion of Contract
The products and services published in our Online Shop do not represent an offer to conclude a purchase agreement with us. They are not binding and constitute an invitation for an offer only. When the Customer places an order via our Online Shop, by placing our products in the shopping basket, by telephone or in writing (email or post), he submits a binding offer to enter into a purchase agreement with 9T Labs. The Customer receives an automatically generated information of receipt of the order by email (order receipt information). This order receipt information does not mean that the order has been accepted. It merely serves to inform the Customer that the order has been received by 9T Labs.
9T Labs will confirm if the order has been accepted in a separate confirmation email within 10 business days upon receipt of the binding offer (order confirmation). When this order confirmation email is sent, a contract between 9T Labs and the Customer under these conditions of purchase for the delivery of the products set out in the confirmation email will come into effect.
All orders are subject to our acceptance. 9T Labs reserves the right to reject an order without giving a reason.
Prices and Advanced Payment Conditions
All prices and charges must be paid by the Customer in advance.
Unless specified otherwise, all prices are in Swiss Francs (CHF) and are net prices, exclusive of any VAT. VAT will be charged in addition.
Any additional costs, if applicable (e.g. shipping costs, advance recycling fee etc.) will be charged separately during the online purchase checkout process or the purchase process via email.
We will charge the valid prices displayed in the Online Shop at the time of the order; obvious errors, misprints and suchlike are expressly reserved and are not binding.
We reserve the right to change the prices in the Online Shop at any time without giving prior notice. Such Changes do not affect orders, which we have already been placed. Notwithstanding the foregoing, in cases of changes of the applicable VAT rate or any other statutory charges we reserve the right to adjust the rate of VAT and/or the charge unless the Customer has already paid for his order in full before such a change.
Following conclusion of the contract, the Customer receives the advance payment invoice by email. Unless specified otherwise payment must be made in Swiss Francs. Products are not dispatched until the payment amount has been credited to the 9T Labs account. This may take longer in certain circumstances. If the Customer requires his order urgently and has paid for it in advance, he can contact us via email on firstname.lastname@example.org and provide a confirmation of the payment in order to accelerate the delivery process.
Additional Equipment and Specifications
By ordering a product the Customer acknowledges and accepts that most of our products require certain additional equipment and/or software in order to operate properly. Any of these additional requirements are not part of, and will not automatically be delivered together with, the product. If, by way of example, the Customer orders a print head or printer, he will also have to buy feedstock material and will require a software and/or subscribe to a software as a service to convert documents/files into a format which can be executed by the printer. The Customer is obliged to check the equipment requirements and dependencies in the product description carefully in advance and check what additional equipment, software and/or services he may need for the orderly operation of the product.
Product specifications and images, technical changes
The images of our products in our Online Shop are for information and illustrative purposes only and do not form part of any contract. Although we have made every effort to provide correct and complete information, including accurate colors or dimensions of certain products, we cannot guarantee that a delivered product accurately reflects the information and/or color displayed in the Online Shop. Delivered products may vary slightly from those product specifications and images.
Availability, Place and Time of Delivery
Products are available for as long as they are displayed in our Online Shop and/or while stock lasts.
Unless agreed otherwise, delivery will be made to the address specified by the Customer. Delivery will be made within 10 business days after cleared payment has been received on the 9T Labs bank account. 9T Labs only enters into contracts with persons domiciled in, and will only deliver products to, the following countries: Austria, Belgium, Bulgaria, Canada, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
We are committed to providing up-to-date and precise information on availability and delivery dates in the Online Shop or in the confirmation email accepting the order. However, production and delivery shortages in particular may cause delivery delays for 9T Labs. All information on availability and delivery dates are estimates only. They are non-binding and may be subject to change.
If the delivery of the products within a specific period is prevented due to unforeseen circumstances or any reasons outside of the control of 9T Labs, 9T Labs is entitled to withdraw from the contract. 9T Labs will inform the Customer of such circumstances. Any Damages and claims arising out of such circumstances are explicitly excluded.
Customer’s obligation to inspect
The Customer is obliged to inspect the delivered products for their correctness and completeness, for potential transport damage and for the absence of defects immediately after receipt of the delivery.
If the delivery is carried out by a service partner, the Customer must state the defect on the delivery note.
The Customer shall inform 9T Labs of any defects, or false or incomplete deliveries, immediately within 5 business days after receipt of the delivery at the latest, otherwise the delivery is considered approved and accepted.
In cases of non-acceptance of the product the Customer must retain the product in the condition it was delivered to him and is not permitted to use it. The Customer must follow the instructions for the returns process as described in our Online Shop under section “Returns and Warranty”, or as otherwise provided by 9T Labs.
Consumer right of return and refund
Customers that are considered a consumer in the European Economic Area (which means they are not purchasing products in the course of their trade, business, craft or profession, but for private purposes only) have the right to change their mind and cancel their contract within 14 days after receipt of the products. In order to exercise that right to cancel the contract, the Customer must notify 9T Labs within the cancellation period by sending an email to email@example.com.
If the Customer cancels the contract, he will be responsible for returning the products to us to the address stated under Point 8.1 above. The Customer must return the products to us within 14 days. The products must be in their original condition with their original packaging and the return note must be attached to the products.
We will refund the price paid for the cancelled products including any charges paid for delivery of the products (although the maximum refund for delivery charges will be the least expensive delivery method we offer to the Customer’s delivery destination). We will pay this refund within a) 14 days after the day we receive the products back from the Customer or b) 14 days after the Customer has given us notice about the cancellation of the contract (if we have not started the delivery process). However, we may reduce the refund to reflect any reduction in the value of the products, if this has been caused by the Customer’s handling of them in a way which was not permitted or in cases of abuse or misuse of the products.
Representations and Warranties
All products must be used and maintained in accordance with any and all operating and safety instructions. Any other use or maintenance may result in damage to the products or other property. These damages do not constitute defects according to the warranty obligations herein and 9T Labs excludes any and all liability or warranty for such damages.
Where not otherwise addressed or specified, 9T Labs warrants during a period of three months from the delivery date that the ordered products are, at the time of delivery, free from defects in material and workmanship and functional in all material respects in accordance with the product description. For the avoidance of doubt, in cases where 9T Labs has to provide the warranty according to clause 10.3, the original warranty period, starting from the date of the delivery of the products, shall apply to the repaired or replaced products.
9T Labs shall provide the warranty at its sole option and discretion either by:
repairing the product free of charge;
replacing the product through 9T Labs;
providing a partial or full replacement with an equivalent product; or
giving a price reduction.
9T Labs explicitly excludes any other warranty and liability to the maximum extent permitted by law, whether contractual, statutory or otherwise. In particular, 9T Labs explicitly excludes, without limitation, any warranty or liability if
changes or repairs have been performed on the product;
the product has been damaged due to improper operation or mechanical damage;
the product has been used together with software or equipment other than those set forth in the product description;
the defect was caused by storage, setting or use of products that is improper, unlawful or contrary to contract;
the defect was caused by incompatible spare parts (e.g. power supply); or
a defect has been caused by any influence outside of the control of 9T Labs.
When returning a product containing data storage to 9T Labs, it is the Customer’s sole responsibility to ensure an appropriate data backup is carried out beforehand and that the data is protected. 9T Labs assume no liability for potential loss of data.
For the avoidance of doubt, 9T Labs does not provide any services, such as maintenance and support services, except if the Customer has entered into a separate agreement with 9T Labs under which 9T Labs provides such services. The purchase of products as such does not entitle Customer to such services.
To the extent permitted by law, all claims for damages against 9T Labs are excluded entirely. In particular, without limitation, any liability for indirect or consequential damages, loss of profit or income etc. resulting from the installation or use of the products are excluded.
The invalidity or unenforceability of any provision of these GTC, or parts thereof, shall not invalidate or render illegal or unenforceable the remaining provisions. Invalid or unenforceable provisions shall be deemed to be severable. Unless otherwise agreed by the parties, the invalid, unlawful or unenforceable provision, or parts thereof, shall be deemed replaced by a provision that is valid, lawful and enforceable and takes into account (as far as possible and permitted by law) the economic purpose of the original provision and the intention of the parties at the time of contract conclusion.
Applicable law and place of jurisdiction
Nothing in these GTC shall affect the Customer’s mandatory rights as a consumer under the applicable law in the jurisdiction in which he is resident.
This GTC shall in all respects be governed by, and construed and interpreted in accordance with, the laws of Switzerland excluding its conflict of laws rules, to the extent that mandatory laws of the country in which the consumer is resident do not override Swiss law.
The provisions of the UN Sales Convention for the International Sale of Goods shall not apply.
15.4 The Parties submit to the exclusive jurisdiction of the competent courts in the City of Zurich, Switzerland, for all disputes arising out of, or in connection with, this GTC. However, nothing in this clause shall limit the Customer’s mandatory legal rights as a consumer to bring actions against us or to require proceedings to take place in the country in which he has his residence.