Subject Matter and Application of the Terms and Conditions

These general terms and conditions (hereinafter referred to as GTC) regulate the relationship between GIVERNYLABS and the customer (hereinafter referred to as customer). These terms and conditions are part of every contract between GIVERNyLABS and the customer. By accepting buying and delivery of Products from

GIVERNYLABS, Customer agrees to be bound and to accept these terms and conditions. These terms and conditions shall apply unless Customer and GIVERNyLABS have signed a separate purchase agreement with different terms and conditions which expressly control.

Offers

The prices in our offers and order confirmations are generally binding. Errors and technical changes are reserved.

Delivery and Shipping Charges

Items available from stock are usually shipped within 48 hours. In no case do delays in delivery justify claims for damages or the right to withdraw from the contract. Deliveries and shipping takes place at the expense and risk of the customer. The shipping costs are shown to the customer before the order is sent. Delivery within Switzerland and Liechtenstein is free of charge for a goods value of CHF 300.00 or more.

Prices / Payment / Retention of Title

Our prices are in Swiss Francs including VAT. Prices are subject to change without notice. The purchase prices are to be paid in advance, in cash or by credit card. Public institutions (authorities, universities, schools) can be supplied by invoice. The prerequisite for this is an order from an authorized person. Such invoices are payable within 30 days of the invoice date. Discounts are excluded. In the event of late payment, a standard bank default interest will be charged. Accepted orders are non-cancelable and Products are non-returnable. In the event that it becomes necessary for GIVERNyLABS to incur collection costs or institute a suit to collect any amount due and payable, Customer agrees to pay such additional collection costs, charges, and expenses, including attorney’s fees if the account is placed in the hands of an attorney or an agency for collection.

The delivered goods remain the property of GIVERNyLABS until they have been paid for in full. Prices, technical changes and errors excepted. The judges’ decision is final. There is no right of return.

Warranty

Unless otherwise stated, GIVERNyLABS only supplies brand new products. GIVERNyLABS assumes no guarantee or liability for the desired fulfillment of the intended purpose of certain products or their functionality within an existing system. Claims by the customer in this regard are limited to the scope of the manufacturer’s warranty.

Unless otherwise noted, GIVERNyLABS grants a warranty of 12 months from the date of purchase on all articles in the form of repair, exchange or conversion at the discretion of GIVERNyLABS. Products from the manufacturer Adafruit Industries (3 months warranty), as well as DIY kits, modules and components (no warranty) are excluded. After this time, the manufacturer’s guarantee that is noted on the invoice always applies to items with a longer period. In this case, this means that GIVERNyLABS receives the item from the customer and forwards it to the manufacturer for repair at the buyer’s expense. The right of return is excluded in any case.

Within the GIVERNyLABS warranty period, GIVERNyLABS reserves the right to hand over an equivalent replacement item to cover the warranty claims for items that can no longer be repaired or are no longer available. The replacement or exchange items do not entitle to an extension of the warranty period. The warranty period from the first date of purchase remains binding for any changes to the products.

Any other warranty provisions, such as those on the packaging, are declared by manufacturer (not GIVERNyLABS) in a country-specific manner. These guarantee provisions cannot be used and are therefore void. The place of performance for all guarantees and warranties is the headquarter of GIVERNyLABS.

GIVERNyLABS accepts no liability for direct or indirect damage or loss of assets in the event of defects or improper handling.

In the case of software products, the customer is responsible for compliance with the license terms.

Limitation of Warranty and Remedies

GIVERNyLABS LIABIITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL GIVERNyLABS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING GIVERNyLABS LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, GIVERNyLABS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.

CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES IT IS RESPONSIBLE FOR ANY NECESSARY MANUAL UPDATING OF PRODUCTS. THIS IS A CONDITION OF PRODUCT SALE BY GIVERNyLABS.

GIVERNyLABS has no liability for any claim, suit or action based in whole or in part upon or arising out of compliance with Customer’s designs, specifications or instructions, modification of the Hardware or Software, or the combination of the Hardware or Software with products or items not furnished by GIVERNyLABS.

THIS SECTION STATES GIVERNyLABS ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD PARTY PATENT OR COPYRIGHT.

Safety Instructions

All electrical and electronic products offered are intended exclusively as aids for specialists for development and for experimentation purposes under laboratory conditions, without an independent function, and are not aimed at end users. Expertise is required to put them together, to use them and / or to put them into operation. The customer takes full responsibility for compliant and safe use. We do not accept any liability.

Notification of Defects

In the event of technical problems, the instructions for use supplied in written or electronic form should be read first.

Every return must be approved in advance by GIVERNyLABS – returns without prior contact will not be processed.

Complaints must be made within 5 days of the purchase or Delivery date in writing.
In the event of defects within the warranty period, the customer must immediately return the product to GIVERNyLABS with the original purchase receipt and a precise description of the defects after becoming aware of the defect. When submitting the product, it must arrive at GIVERNyLABS either in the original packaging or in perfect packaging. Electronic products must be packed in an anti-static bag. Otherwise the guarantee will be void. There is no right of return.

The customer is obliged to make backup copies of his data before returning it. GIVERNyLABS is neither directly nor indirectly liable for data loss. 

Data Security

The customer data is collected, processed and used in accordance with the provisions of the Swiss Data Protection Act. The customer data will only be used within GIVERNyLABS and will not be passed on to third parties. 

Governing Law

All obligations are subject to Swiss law. The place of performance and exclusive place of jurisdiction is Pfäffikon/SZ.

Disputes

The parties agree that the courts of the Canton Schwyz shall have exclusive jurisdiction over any claim, or dispute or controversy (whether in contract, tort or otherwise) against GIVERNyLABS, its agents, employees, successors, assigns or affiliates arising out of or relating to this document, GIVERNyLABS Products advertising, or any related purchase. Customer agrees to appear in any such action and hereby consents to the jurisdiction of such court.

Force Majeure

GIVERNyLABS shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond GIVERNyLABS reasonable control, including, but not limited to, delay in transportation, unavailability of materials or delay in delivery by GIVERNyLABS vendors.

Export Restrictions

Customer agrees to comply with all applicable Switzerland and United States export control laws and regulations concerning export and re-export of Products, technology and documentation, including without limitation, the laws and regulations administered by the Switzerland and United States Department of Commerce and the United States Department of State.

Severability

Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by GIVERNyLABS. If any provision of these terms and conditions are held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this document (In the event of any inconsistency between these terms and conditions and any other related agreements between Customer and GIVERNyLABS, the terms of this document shall prevail unless any other agreement(s) are signed by both parties and state its/their terms and conditions control).

Entire Agreement

The terms and conditions set forth herein constitute the entire agreement between GIVERNyLABS and Customer. GIVERNyLABS offer to sell is expressly limited to the terms stated herein. GIVERNyLABS shall not be bound by any terms of Customer’s order which add to, modify, or are in any way different from the terms set forth in this document.

Last changed at September 2021