Terms of service

TERMS & CONDITIONS CONSUMERS (B2C)

Article 1: Company Information

1.1. Company Name

Kandes Gmbh

1.2. Registered Address

Im Unterrengg 19, 8135 Langnau am Albis, Switzerland

Showroom: Hochwert partner showroom, Rotbuchstrasse 83, 8037 Zürich (Wipkingen) — on appointment only

1.3. Contact Details

Phone Number: +41 (0) 76 673 7211
Email Address: info@kandes.ch
Website: www.kandes.ch
WhatsApp Chat: https://wa.me/41766737211
Contact Form on the website: https://kandes.ch/pages/contact

Customer Service Hours: 9.00-18.00 Monday - Friday

1.4. Trade Register Number:

CHE-491.907.114

1.5. VAT Number:

052.0383.6136

1.6. Managing Director

Petar Angelov Angelov

Article 2: Scope of Application

2.1. Applicability

These General Terms and Conditions (hereinafter referred to as the "Terms") apply to all orders placed by consumers with Kandes Gmbh via its websites www.kandes.ch, all order confirmations issued by the Company, and all invoices issued by the Company.

2.2. Consumers Only

These Terms apply exclusively to consumers, defined as individuals acting for purposes outside their trade, business, craft, or profession. If the purchaser is a company, please refer to our Business Terms and Conditions further below on this page.

2.3. Acceptance of Terms

By accessing and using the Company's website, or by confirming an order, the Consumer acknowledges and agrees to be bound by these Terms without any reservations. The Terms are made available on the Company's website, where they can be viewed, saved, or printed by the Consumer at any time. Use of the website or confirmation of an order constitutes the Consumer's acceptance of these Terms in their entirety.

2.4. Conflict with Other Terms

In case of a conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly agreed upon in writing by the Company.

Article 3: Products and Services

3.1. Product Description

The Company provides detailed descriptions of each Product on the website. While every effort is made to ensure the accuracy of these descriptions, the Company does not guarantee that the descriptions are free of errors. The Consumer should contact the Company's customer service for clarification if there are any questions or uncertainties about a Product's features, components, or compatibility.

3.2. Availability

Product availability can change without prior notice. The Company endeavors to fulfill all orders but cannot guarantee that every Product will be in stock at the time of order placement. Should a Product be unavailable, the Consumer will be informed promptly, and the Company will either propose an alternative or process a refund for the unavailable item.

3.3. Customization requests

Consumers may request customization for certain Products when placing their order. The Company will evaluate the feasibility of these requests and provide information on any additional costs and revised delivery times. Customization requests may lead to changes in the order price and delivery schedule.

3.4. Service Conditions

The Company provides certain services related to the Products, such as installation guidance and customer support. These services are offered under the following conditions:

Installation Guidance: The Company may provide installation manuals, videos, or other resources to assist the Purchaser with the installation of the Products. These resources are provided for informational purposes only and the Company does not guarantee the results of any installation.
Customer Support: Customer support is available during business hours to assist with any questions or issues related to the Products. The Company strives to provide timely and effective support but does not guarantee the resolution of all issues.

Article 4: Ordering Process

4.1. Order Placement

Orders can be placed through the Company's website www.kandes.ch. The Consumer must provide accurate and complete information when placing an order. Any errors in the information provided may result in delays or inability to process the order.

4.2. Order Confirmation

Upon receiving an order, the Company will first acknowledge receipt by sending an Order Confirmation email to the email address provided by the Consumer. This email confirms that the Company has received the order request but does not constitute acceptance of the order.

The contract between the Company and the Consumer is formed only when the Company sends a second email, the Fulfillment Confirmation. This Fulfillment Confirmation signifies that the order has been accepted and that production and/or order fulfillment has commenced. Once this email has been sent, cancellation of the order is no longer possible, except as outlined in the Cancellation Policy.

4.3. Error Correction

Before submitting an order, the Consumer can review and correct any input errors by navigating back through the order process on the website. It is the Consumer's responsibility to ensure all information is accurate before final submission.

4.4. Modification and Cancellation

Modification: The Consumer may request modifications to their order by contacting the Company as soon as possible. The Company will make reasonable efforts to accommodate such requests but cannot guarantee that modifications will be possible once the order has been processed. Any changes requested by the Consumer may result in additional charges and adjustments to the delivery schedule, at the Company’s discretion.
Cancellation: The Consumer may cancel an order by notifying the Company prior to the issuance of the fulfillment confirmation email. The fulfillment confirmation email signifies that the production and/or fulfillment of the order has commenced. Once the production and/or fulfillment of the order has begun, or if the goods have been dispatched, cancellation is no longer possible. In such cases, the Consumer must accept delivery of the goods and follow the returns procedure outlined in Article 7. The Company reserves the right to cancel any order at its discretion, providing a full refund to the Consumer for any payments made.

Article 5: Prices and Payment Terms

5.1. Price Indication

All prices listed on the Company's website www.kandes.ch are in CHF and include VAT.

Shipping is quoted individually together with your quotation, based on the order size, destination and delivery timeline. There are no fixed shipping tiers and no free-shipping thresholds. For Swiss deliveries handled by the Company, all customs and import duties are taken care of by the Company — no additional customs or duty fees apply.

Samples (quarter-panel cuts) can be purchased directly online at CHF 9 per standard sample and CHF 3 per INCA tile. Sample shipping is a single flat fee based on the total weight of the samples in the order, shown at checkout: CHF 4 (up to 0.45 kg), CHF 7 (0.46–1.45 kg), CHF 14 (1.46–3.55 kg), or CHF 20 (3.56–5.65 kg). A maximum of 8 samples can be ordered per order; for larger sample requests, please contact our customer service. For private customers, both the sample price and the sample shipping are credited toward the first panel order.

For markets outside of Switzerland Consumers can reach out to the customer service team for a detailed quote and price indication.

5.2. Additional Costs

Any additional costs, if such occur, will be clearly indicated before the Consumer completes the order.

5.3. Payment Methods

The Company accepts various payment methods:

Visa
Master Card
American Express
Maestro
Union Pay
Apple Pay
Google Pay
PayPal

The available payment methods will be displayed during the order process. If you have any questions regarding payment methods, please do not hesitate to reach out at info@kandes.ch

5.4. Payment Terms

Payment is due at the time the order is placed. The Consumer must ensure that they have sufficient funds available to complete the transaction. The Company reserves the right to cancel the order if the payment is not successfully processed.

5.5. Goods Sent from the EU

Some Products will be sent from the EU and will pass through customs. The Company will handle all necessary customs documentation and duty fees for orders from Switzerland and the EU. Any additional customs-related costs will be included in the delivery charges. The Consumer is responsible for providing any necessary information required for customs clearance.

5.6. Late Payment

If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at a rate of 5% per annum above the Swiss Average Rate Overnight (SARON), accruing daily until payment is made in full. The Consumer will also be liable for any reasonable costs incurred by the Company in recovering the overdue payment, including legal fees and collection agency charges.

5.7. Payment Security

All payments on the Company's website are processed through Shopify's secure platform, which is PCI DSS Level 1 compliant. The Company ensures that all payment transactions are encrypted using Secure Socket Layer (SSL) technology to protect the Consumer's personal and payment information. Shopify's payment gateways are equipped with fraud prevention tools, and the Company may request pre-authorization of the Consumer’s payment method or a deposit before processing the order. The Consumer’s payment information will be handled in accordance with Swiss data protection regulations.

Article 6: Delivery and Shipping

6.1. Delivery Time

Estimated handling and delivery times for the Products will be communicated at the time of receiving Fulfillment Confirmation email. These lead times are indicative and not binding. The Company will make reasonable efforts to adhere to the estimated delivery times but shall not be liable for any delays.

For deliveries to Switzerland: typical Handling time varies from 2-4 working days (Monday to Friday). Transit time varies from 5-8 working days (Monday to Friday).

6.2. Delivery Methods

Products are delivered to the location specified by the Consumer according to the delivery method chosen at the time of order. The Company uses reputable carriers (such as SwissPost, GSL, UPS, DHL, Rhemus, GEL, DHL Freight, UPS Freight) and will provide tracking information where available.

6.3. Customs and Duty Fees

For shipments to Switzerland (CH), the Company will handle all necessary customs documentation and duty fees. These costs are included in the prices listed on the website, and no additional customs or duty fees will be charged to the Consumer for these regions. The Consumer is responsible for providing any necessary information required for customs clearance.

For shipments to other markets outside of CH, customs duties, taxes, and any additional fees may apply. These costs will be calculated separately and will be the responsibility of the Consumer. The Consumer is also responsible for providing any necessary information required for customs clearance in these markets.

6.4. Delivery Error and Visible Defect

Upon receipt of the Products, the Consumer must inspect them for any visible defects or errors. If any issues are found, the Consumer must inform the Company via email with accompanying pictures within five (5) business days from the date of delivery. The Company will verify the defect and, within reasonable time, offer a replacement or refund as appropriate. In case of refund, it will be issued within 14 days after the Company receives back the damaged goods.

6.5. Damage and Partial Loss

If the Products are damaged or partially lost during transit, the Consumer must notify the Company immediately upon discovery, and no later than five (5) business days after delivery. The notification should include detailed information and pictures of the damage. The Company will assess the situation and arrange for a replacement or compensation. In case of the refund it will be issued within 14 days after the Company receives back the damaged goods.

6.6. Late Delivery

If the delivery is delayed, the Company will notify the Consumer accordingly. Delays do not give rise to any liability on the part of the Company and do not constitute a reason for the cancellation of the order.

6.7. Pick-up Option

With prior approval, the Consumer may arrange to pick up the Products from the Company’s warehouse during business hours on business days, excluding official holidays. If the Consumer or their carrier fails to collect the Products on the agreed date, the Company will store the Products for a maximum of one (1) month, and storage fees may apply. Storage fees may range from 15 to 35 CHF per cubic meter per day. After this period, the Company may cancel the order at the Consumer’s expense.

6.8. Transfer of Ownership and Risk

Ownership of the Products transfers to the Consumer upon full payment of the purchase price. The risk of loss or damage to the Products remains with the Company until the Products are physically delivered to the Consumer at the agreed delivery point, in accordance with Swiss consumer protection laws.

Delivery Point: The Company is responsible for delivering the Products to the location specified in the order. Risk passes to the Consumer only after the Products have been received by the Consumer.
Customs Clearance: The Company will handle all customs formalities and pay any import duties and taxes required to deliver the Products to the Consumer.
Transport and Insurance: The Company is responsible for arranging and paying for the transport and insurance of the Products until they are delivered to the Consumer.
Risk Transfer: The risk of loss or damage to the Products passes to the Consumer upon successful delivery of the Products at the specified delivery point.
Unloading Responsibility: The Consumer is responsible for unloading the Products after delivery and assumes any risk of damage during the unloading process.

Article 7: Returns and Exchanges

7.1. Right to Withdraw

The Consumer has the right to cancel the purchase contract within 14 days without needing to provide a reason. This period begins on the day the Consumer, or an appointed third party, takes physical possession of the goods. To exercise this right, the Consumer must notify the Company via email or by using the contact form available on the Company’s website.

7.2. Withdrawal Period

The right to withdraw lasts for 14 days from the day the Consumer, or a designated third party, takes physical possession of the Products. If the order includes multiple lots or pieces delivered separately, the withdrawal period starts on the day the last lot or piece is received.

7.3. Consumer’s Responsibility

The Consumer must handle the Products and their packaging with care. They are responsible for any decrease in value resulting from handling the Products in a manner beyond what is necessary to ascertain their nature and functionality. Products must be returned in their original condition and packaging.

7.4. Reimbursement

Upon withdrawal, the Company will refund all payments received from the Consumer within 14 days. Refunds will be issued using the same payment method as the original transaction unless otherwise agreed. The Company will not cover return shipping costs unless the Products are defective or incorrect.

7.5. Return of Products

The Consumer must return the Products within 14 days of notifying the Company of the withdrawal. Reimbursement may be withheld until the Company has received the returned Products or the Consumer provides proof of shipment.

7.6. Return Costs

The Consumer bears the cost of returning the Products and may choose a carrier of their choice. The Consumer is responsible for paying all fees associated with the return shipment, including but not limited to shipping and packaging. The Company will not cover any additional costs incurred during the return process.

7.7. Return Conditions

Returns are accepted under the following conditions:

Visible Defects: The Consumer must report any visible defects within five (5) business days of delivery, including a detailed description and photos of the defects.
Hidden Defects: For defects not immediately noticeable, the Consumer must notify the Company within five (5) business days of discovering the defect, but no later than two (2) years after the delivery date.
Wrong Products: If incorrect Products are delivered, the Consumer must inform the Company within five (5) business days of delivery.
Change of Mind: If the Consumer wishes to return the Products due to a change of mind, they may do so in accordance with the Company’s right of withdrawal policy. The Products must be in their original condition, unused, and in their original packaging.

Customized Products are non-returnable and non-refundable, except in cases of manufacturing defects or errors made by the Company. The Consumer is encouraged to review and confirm all customization details carefully before finalizing the order.

7.8. Return Procedure

To return Products, the Consumer should:

Contact the Company's customer service to obtain a return authorization via email or through the contact form on the Company’s website.
Provide necessary details, including the order number, product description, and reason for return.
Include detailed descriptions and photos of any defects.
Follow the shipping instructions provided by the Company to return the Products.

7.9. Reimbursement

Once we receive your return, our team will inspect the items. If everything is in good condition, we'll process your refund through your original payment method within 14 days.

7.10. Replacement of Damaged/Wrong Goods

If the Products are received by the Consumer damaged or incorrect, the Company will bear the cost of shipping for the replacement Products. The Company will evaluate the issue and provide a suitable resolution, which may include sending a replacement, arranging for a repair, or offering another appropriate solution.

Article 8: Warranty and Liability

8.1. Warranty Period

The Products are covered by a warranty against hidden defects for a period of two (2) years from the date of delivery. This warranty covers only hidden defects that are not immediately noticeable upon delivery.

8.2. Warranty Claims

To make a warranty claim, the Consumer must notify the Company within five (5) business days of discovering the hidden defect. The notification should include a detailed description and photos of the defect. The Company will assess the situation and determine the appropriate resolution, which may include repair, replacement, or refund.

Samples are not subject to warranty claims.

8.3. Liability for Defects

The Company’s liability for defects in the Products is limited to the warranty provided. The Company is not liable for any indirect or consequential damages resulting from the use of the Products.

8.4. Exclusions

The warranty does not cover defects or damages resulting from:

Improper use or installation of the Products.
Normal wear and tear.
Modifications or alterations made by the Consumer or a third party.
Lack of proper maintenance or care.

8.5. Limitation of Liability

The Company’s liability is limited to the purchase price paid for the Products. The Company is not liable for special, indirect, exemplary, punitive, incidental, or consequential damages, including but not limited to loss of profits or revenue, loss of use, or any other economic advantage.

Article 9: Use of the Website

9.1. Account Creation

The Consumer can create an account by providing accurate personal details. The Consumer is responsible for maintaining the confidentiality of their account login details and must inform the Company of any unauthorized access immediately.

9.2. Order Placement

Orders can be placed through the Company’s website. The Consumer must ensure that all information provided is accurate and complete. Any errors in the information provided may result in delays or inability to process the order.

9.3. Email Confirmations

The Consumer must ensure the accuracy of the provided email address and the technical ability to receive emails. All communications regarding order confirmations, shipping notifications, and customer service inquiries will be sent to the email address provided.

9.4. Use of the Website

The Company grants the Consumer a limited, revocable, non-exclusive, and non-transferable right to use the Website. The Consumer agrees not to use the Website for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Website. The Company reserves the right to restrict or block access to the Website at any time without notice if it determines that the Consumer has violated these terms or engaged in unlawful or prohibited activities.

9.5. Indemnification

The Consumer indemnifies the Company against any claims, damages, or losses resulting from the Consumer’s breach of these terms, misuse of the Website, or violation of any law or the rights of a third party.

9.6. Confidentiality of Account Login

The Consumer is responsible for maintaining the confidentiality of their account login details and must inform the Company of any unauthorized access immediately.

9.7. Content

Product images are intended to be illustrative and may contain elements that are not included in the price or that differ from the actual Products. In order to avoid any misunderstanding, the Consumer is requested to contact the Company’s Customer Service in advance in the event of questions, unclarities, or doubts regarding the accuracy of the price. The Company is not liable for any material errors, typographical or printing errors on the Website.

Article 10: Data Protection

10.1. Data Collection

The Company collects personal data from the Consumer when they create an account, place an order, or interact with the Company’s website. The types of data collected may include name, address, email address, phone number, payment information, and browsing behavior.

10.2. Data Use

The Company uses the collected personal data for the following purposes:

To process and fulfill orders.
To communicate with the Consumer regarding their order, including order confirmation, shipping notifications, and customer service inquiries.
To improve the website and the Company’s services.
To comply with legal obligations.
With separate explicit consent, to send promotional materials and offers.
For analytics purposes, to understand consumer behavior and improve the Company’s products and services.

Personal data will not be used for promotional purposes unless the Consumer has provided explicit consent. The Consumer has the right to withdraw this consent at any time.

10.3. Data Protection Measures

The Company implements appropriate technical and organizational measures to protect the Consumer’s personal data against unauthorized access, loss, alteration, or destruction. These measures include secure data storage, encryption, and access controls.

10.4. Consumer Rights

The Consumer has the right to access, correct, delete, or restrict the processing of their personal data. The Consumer can exercise these rights by contacting the Company’s customer service. The Company will respond to such requests in accordance with applicable data protection laws. The Consumer also has the right to object to the use of their data for analytics or marketing purposes.

10.5. Privacy Policy

The Privacy Policy provides comprehensive details on data collection, use, protection measures, and the rights of data subjects in line with Swiss Federal act of Data Protection. The Consumer is encouraged to review the Privacy Policy to understand their rights and the Company’s practices regarding personal data.

10.6. Data Sharing

The Company may share the Consumer’s personal data with third parties only in the following circumstances:

With service providers who assist in fulfilling orders and improving services.
With third-party analytical tools to understand consumer behavior and improve the Company’s products and services.
When required by law or to comply with legal obligations.
With the Consumer’s separate explicit consent, for promotional purposes.

Personal data will not be shared with third parties for promotional purposes unless the Consumer has provided explicit consent. The Consumer has the right to withdraw this consent at any time.

Article 11: Intellectual Property

11.1. Rights Reserved

All intellectual property rights, including copyrights, trademarks, and patents related to the Products, website content, and any other materials provided by the Company, are the exclusive property of the Company. The Consumer is granted a limited, non-exclusive, non-transferable license to use these materials solely for personal, non-commercial purposes.

11.2. Usage Restrictions

The Consumer agrees not to:

Reproduce, distribute, or modify any part of the website or the Products without prior written consent from the Company.
Use the Company’s trademarks, logos, or other proprietary graphics without explicit written permission.
Engage in any activities that infringe upon the intellectual property rights of the Company or third parties.

11.3. Website Content

All content available on the Company’s website, including but not limited to text, graphics, images, audio, video, and software, is protected by copyright laws. While the Company strives to ensure the accuracy of this content, it does not guarantee that the content is error-free. Consumers are advised to contact customer service for any questions or clarifications regarding the website content.

11.4. Improvements and Feedback

Any suggestions, ideas, or feedback provided by the Consumer regarding the Products or website will be treated as non-confidential. By submitting feedback, the Consumer grants the Company a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to utilize, reproduce, adapt, distribute, and display such feedback for any purpose, without any restrictions.

Article 12: Governing Law and Jurisdiction

12.1. Applicable Law

These Terms and Conditions are governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law principles.

12.2. Jurisdiction

Any disputes arising out of or in connection with these Terms and Conditions, including any questions regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts located in Zurich, Switzerland.

12.3. Exclusion of UN Convention

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

12.4. Legal Compliance

The Consumer agrees to comply with all applicable laws and regulations of Switzerland and their own country in connection with the use of the Company’s website and the purchase of Products.

Article 13: Changes to the Terms and Conditions

13.1. Modification of Terms

The Company reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Company's website. It is the Consumer's responsibility to review the Terms and Conditions periodically to stay informed of any updates.

13.2. Notification of Changes

If the Company makes any material changes to these Terms and Conditions, it will notify the Consumer by email or by posting a notice on the Company's website. The Consumer's continued use of the website and purchase of Products following the posting of changes constitutes acceptance of those changes.

13.3. Binding Agreement

The Consumer agrees to be bound by any modifications to these Terms and Conditions. If the Consumer does not agree to the revised Terms, they must stop using the website and should not place any further orders.

13.4. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable. The invalid, illegal, or unenforceable provision will be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

13.5. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Consumer and the Company regarding the use of the website and the purchase of Products and supersede all prior and contemporaneous agreements, proposals, or communications, written or oral, between the Consumer and the Company.

Article 14: Customer Service

14.1. Contact Information

For any questions, concerns, or complaints regarding the Products or these Terms and Conditions, the Consumer can contact the Company’s customer service department using the following details:

Email: info@kandes.ch
Phone: +41 (0) 76 673 7211
Address: Im Unterrengg 19, 8135 Langnau am Albis, Switzerland
Showroom: Hochwert partner showroom, Rotbuchstrasse 83, 8037 Zürich (Wipkingen) — on appointment only

14.2. Complaint Handling

The Company is committed to providing high-quality customer service and will make every effort to address any complaints promptly and efficiently. The Consumer can submit complaints via email, phone, or mail. The Company will acknowledge receipt of the complaint as soon as possible and will provide a response or resolution as soon as possible.

14.3. Dispute Resolution

If the Consumer is not satisfied with the resolution provided by the Company, they may seek to resolve the dispute through mediation or arbitration. Consumers can contact the following dispute resolution body for assistance:

Swiss Federal Consumer Affairs Bureau (Eidgenössisches Büro für Konsumentenfragen, BFK)

14.4. Response Time

The Company will respond to consumer’s inquiries and complaints as soon as possible.

14.5. Language of Support

Customer service is provided in the following languages: English, German.

Article 15: Compliance with Construction Laws

15.1. Building Code Compliance

The Company ensures that all Products comply with the relevant building codes and standards applicable in Switzerland. The Consumer is responsible for ensuring that the use of the Products complies with local building regulations and standards.

15.2. Certification

The Company provides necessary certifications and conformity assessments for the Products to meet the applicable building standards. Copies of these certifications can be requested by the Consumer.

The fire safety certification verifies that the panels are completely non-combustible. They hold the highest fire safety rating of A1 according to EN 13501-1 and have passed the EN ISO 1182 combustibility test, ensuring they do not contribute to fire spread or release hazardous substances in the event of a fire.

15.3. Safe Use of Products

The Consumer must use the Products in accordance with the provided instructions and guidelines. The Company is not liable for any damages resulting from improper use or installation of the Products.

15.4. Legal Compliance

The Consumer is responsible for complying with all applicable laws and regulations related to the use and installation of the Products in their respective location.

Article 16: Environmental Responsibility

16.1. Sustainable Practices

The Company is committed to sustainable practices and strives to minimize the environmental impact of its operations and products. This includes sourcing materials responsibly, reducing waste, and improving energy efficiency.

16.2. Product Disposal

The Consumer is encouraged to dispose of Products in an environmentally responsible manner. Information on proper disposal methods and recycling options is available upon request.

16.3. Packaging

The Company uses environmentally friendly packaging materials wherever possible. The Consumer is encouraged to recycle packaging materials in accordance with local recycling programs.

16.4. Certifications

Kandes 3D panels come with several important certifications. The fire safety certification verifies that the panels are completely non-combustible. They hold the highest fire safety rating of A1 according to EN 13501-1 and have passed the EN ISO 1182 combustibility test, ensuring they do not contribute to fire spread or release hazardous substances in the event of a fire.

Article 17: Final Provisions

17.1. Severability

17.2. Force Majeure

The Company is not liable for any failure to perform its obligations under these Terms and Conditions if such failure is caused by events beyond the Company's reasonable control, including but not limited to natural disasters, wars, strikes, epidemics, interruptions in transportation or communication, or government actions.

17.3. Entire Agreement

17.4. Waiver

No waiver by the Company of any breach or default by the Consumer under these Terms and Conditions will be considered a waiver of any subsequent breach or default. The Company's failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.

17.5. Assignment

The Consumer may not assign or transfer any of their rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms and Conditions without the Consumer’s consent.

17.6. Warranties and Guarantees in Case of Insolvency

In the event that the Company ceases trading or becomes insolvent, any warranties or guarantees provided directly by the Company will no longer be enforceable.

17.7. Language

These Terms and Conditions are drafted in English, and any translations provided are for convenience only. In the event of any discrepancies between the original English version and a translated version, the original English version shall prevail.

TERMS & CONDITIONS COMPANIES (B2B)

Article 1: Company Information

1.1. Company Name

Kandes Gmbh

1.2. Registered Address

Im Unterrengg 19, 8135 Langnau am Albis, Switzerland

Showroom: Hochwert partner showroom, Rotbuchstrasse 83, 8037 Zürich (Wipkingen) — on appointment only

1.3. Contact Details

Phone Number: +41 (0) 76 673 7211
Email Address: info@kandes.ch
Websites: www.kandes.ch, www.kandes.eu

1.4. Trade Register Number:

CHE-491.907.114

1.5. VAT Number:

052.0383.6136

1.6. Managing Director

Petar Angelov Angelov

Article 2: Scope of Application

2.1. Applicability

These General Terms and Conditions (hereinafter, "Terms") apply to all business relationships and interactions between Kandes Gmbh (hereinafter, "Company") and its business customers (hereinafter, "Purchaser").

2.2. Transactions Covered:

These Terms cover:

All offers made by the Company to the Purchaser.
All orders placed by the Purchaser with the Company, including those made via email or through the Company’s website at www.kandes.ch ("Webshop").
All order confirmations issued by the Company.
All invoices issued by the Company.
All agreements concluded between the Purchaser and the Company.

2.3. Exclusivity for Business Customers

Business Customers Only: These Terms are strictly applicable to companies as defined by Swiss commercial laws and regulations, and do not apply to individual consumers.

Article 3: Application of Terms

3.1. Acceptance of Terms

By placing an order (regardless of the ordering method used), paying an invoice, signing these Terms, using the Company’s websites, or concluding an agreement referring to these Terms, the Purchaser confirms their understanding and acceptance of these Terms without any reservation. The Purchaser acknowledges having had the opportunity to read and understand these Terms before acceptance.

3.2. Precedence Over Purchaser’s Terms

Unless otherwise agreed in writing, these Terms shall prevail over any terms and conditions of the Purchaser. The Purchaser’s terms and conditions are hereby explicitly rejected and shall be wholly inapplicable. Any conflicting terms from the Purchaser shall not apply, and the knock-out rule shall be explicitly waived.

Article 4: Products and Services

4.1. Product Description

The Company offers a range of decorative panels (hereinafter, "Products"). Detailed descriptions of the Products, including specifications, materials, dimensions, and other relevant information, are provided on the Company’s website and in product catalogs. While every effort is made to ensure the accuracy of these descriptions, the Company does not guarantee that the descriptions are free of errors. The Purchaser should contact the Company's customer service for clarification if there are any questions or uncertainties about a Product's features, components, or compatibility.

4.2. Availability

Product availability is subject to change without notice. The Company will make every effort to fulfill orders placed by the Purchaser but cannot guarantee the availability of any Product. If a Product is not available, the Purchaser will be notified as soon as possible, and the Company may offer a substitute Product or a refund of the purchase price for the unavailable Product.

4.3. Lead Times

Estimated lead times for the delivery of Products will be communicated at the time of Fulfillment confirmation. These lead times are indicative and not binding. The Company will make reasonable efforts to adhere to the estimated lead times but shall not be liable for any delays. If the lead times change, the Purchaser will be informed as soon as possible.

For deliveries to Switzerland: typical Handling time varies from 2-4 working days (Monday to Friday). Transit time varies from 5-8 working days (Monday to Friday).

4.4. Service Conditions

The Company provides certain services related to the Products, such as installation guidance and customer support. These services are offered under the following conditions:

Installation Guidance: The Company may provide installation manuals, videos, or other resources to assist the Purchaser with the installation of the Products. These resources are provided for informational purposes only, and the Company does not guarantee the results of any installation.
Customer Support: Customer support is available during business hours to assist with any questions or issues related to the Products. The Company strives to provide timely and effective support but does not guarantee the resolution of all issues.

4.5. Customization Policies

The Company offers customization services for certain Products upon request. The following terms apply to all customization requests:

Request Submission: Customization requests must be submitted at the time of order placement. The Purchaser must provide detailed specifications and any relevant documents or designs necessary for the customization.
Confirmation and Approval: The Company will review the customization request and provide a confirmation along with an estimated cost and lead time for the customized order. Customization will only proceed once the Purchaser approves the cost and lead time in writing.
Additional Costs: Customization may incur additional charges. These costs will be communicated to the Purchaser for approval before the customization process begins.
Extended Lead Times: Customized Products typically require longer lead times. The estimated delivery time for customized orders will be communicated to the Purchaser at the time of order confirmation.
Non-returnable: Customized Products are non-returnable and non-refundable, except in cases of manufacturing defects or errors made by the Company. The Purchaser is encouraged to review and confirm all customization details carefully before finalizing the order.
Changes to Customization: Any changes to the customization details after the order has been processed may result in additional costs and extended lead times. The Company will accommodate such changes only if feasible.
Quality Assurance: The Company ensures that customized Products meet the specified requirements and quality standards. Any deviations must be reported within five (5) business days of receipt, following the standard procedure for reporting defects.

Article 5: Ordering Process

5.1. Order Placement

Orders can be placed through the Company's webshop www.kandes.ch or via email. The Purchaser must provide accurate and complete information when placing an order. Any errors in the information provided may result in delays or inability to process the order.

5.2. Order Confirmation

When an order is placed, the Company will acknowledge receipt via email ‘order confirmation’. This acknowledgment does not signify acceptance of the order. The contract is only established when the Company explicitly confirms the order via email ‘fulfillment confirmation’ or dispatches the Products.

5.3. Error Correction

The Purchaser has the opportunity to review and correct any mistakes before submitting an order. This can be done by navigating back through the order process on the website or revising the details in the email. It is the Purchaser’s responsibility to ensure all information is accurate before final submission.

5.4. Modification and Cancellation

Modification: The Purchaser may request modifications to their order by contacting the Company as soon as possible. The Company will make reasonable efforts to accommodate such requests but cannot guarantee that modifications will be possible once the order has been processed. Any changes requested by the Purchaser may result in additional charges, increased prices, and adjustments to the delivery schedule, at the Company’s discretion.
Cancellation: The Purchaser may cancel an order by notifying the Company prior to the issuance of the fulfillment confirmation email. The fulfillment confirmation email signifies that the production and/or fulfillment of the order has commenced. Once production and/or fulfillment has started, or if the goods have been dispatched, cancellation is no longer possible. The Company reserves the right to cancel any order at its discretion, and in such instances, will provide a full refund to the Purchaser for any payments made.

Article 6: Prices and Payment Terms

6.1. Price Indication

All prices for the Products listed on the website www.kandes.ch are indicated in CHF and are inclusive of VAT, import and export duties, handling, and insurance costs for orders shipped to Switzerland (CH).

Shipping is quoted individually together with each quotation, based on the order size, destination and delivery timeline. There are no fixed shipping tiers and no free-shipping thresholds.

Samples and sample shipping are complimentary for trade customers.

Costs associated with specific online payment mechanisms or currency exchange rates are also included, unless otherwise specified.

For shipments to countries outside of Switzerland, a custom offer will be made, and shipping, handling, customs duties, and any applicable taxes may vary. The Purchaser will be informed of all additional charges prior to order confirmation.

For custom-made products, special orders, or any additional services requested by the Purchaser, pricing will be quoted separately, including any applicable duties, handling, transport, and insurance costs. The Purchaser will be informed of all additional charges prior to order confirmation.

6.2. Payment Methods

The Company accepts the following payment methods:

Visa
Master Card
American Express
Maestro
Union Pay
Apple Pay
Google Pay
PayPal

If you have any questions regarding payment methods, please do not hesitate to reach out to info@kandes.ch

6.3. Payment Terms for B2B

The Company’s invoices are payable no later than thirty (30) calendar days from the invoice date unless agreed otherwise. The Company reserves the right to request 50% advance payment before delivery.

6.4. Price Quotations

The Company will communicate a price quotation in writing to the Purchaser based on the information received in the order. Unless otherwise agreed in writing, price quotations shall remain effective for thirty (30) days from the date of quotation.

6.5. Discounts

Any discount communicated by the Company relates solely to the net price of a product and not to any of the additional costs listed in Section 6.1. Discounts may depend on the turnover achieved from the Purchaser and are only valid if communicated in writing by an authorized representative of the Company. The Company can cancel a commercial promotion at any time.

6.6. Price Changes

The Company will inform the Purchaser of any price changes with one (1) month prior notice. Any change in price will apply to orders confirmed by the Company one (1) month after such notification. In the event of exceptional and unforeseen circumstances that influence the prices of the Products, the Company may charge the Purchaser a proportional price increase.

6.7. Late Payment

In the event of non-payment by the due date of an invoice, the Company is entitled, after prior notice of default, to claim:

Interest calculated by the number of days of delay at a rate of twelve percent (12%) per year.
An administrative fine of ten percent (10%) of the amount of the invoice, with a minimum of one hundred (100) CHF.
Full reimbursement of any bailiff, lawyer, and court fees.

6.8. Dispute of Invoices

The Purchaser shall notify the Company in writing of any dispute with any invoice (along with substantiating documentation and a reasonably detailed description of the dispute) within five (5) business days from the Purchaser’s receipt of such invoice. The Purchaser will be deemed to have accepted all invoices for which the Company does not receive timely notification of dispute and shall pay all undisputed amounts due under such invoices within the period set forth.

6.9. Suspension of Orders

In the event of non-payment or delayed payment, the Company is entitled, without any prior notice of default or compensation demand, to suspend any further orders of the Purchaser until the entire payment of such invoice. All other payment claims from the Purchaser that are not yet due shall become automatically payable immediately and without prior notice of default.

Article 7: Delivery and Shipping

7.1. Delivery Time

Estimated delivery times for the Products will be communicated at the time of order confirmation.

For deliveries to Switzerland: typical Handling time varies from 2-4 working days (Monday to Friday). Transit time varies from 5-8 working days (Monday to Friday).

These lead times are indicative and not binding. While we strive to meet these estimated delivery times, they may be affected by conditions such as public holidays or unforeseen circumstances. The Company will make reasonable efforts to adhere to the estimated delivery times but shall not be liable for any delays.

7.2. Delivery Methods

Products will be delivered by a carrier of the Company's choice, unless otherwise agreed with the Purchaser. We use carriers such as SwissPost, GSL, UPS, DHL, Rhemus, GEL, DHL Freight, UPS Freight. Products can be shipped worldwide. Delivery costs are quoted individually together with each quotation and vary depending on the destination; they are charged per delivery or individual order. For shipments outside Switzerland and the European Union, the Purchaser bears any additional import duties, VAT and customs clearance fees.

The Purchaser is responsible for ensuring that the delivery location is accessible. If additional handling, storage, or transport costs occur due to accessibility issues, these costs will be charged to the Purchaser.

7.3. Customs and Duty Fees

For shipments to Switzerland (CH), the Company will handle all necessary customs documentation and duty fees. These costs are included in the prices listed on the website, and no additional customs or duty fees will be charged to the Purchaser for these regions. The Purchaser is responsible for providing any necessary information required for customs clearance.

For shipments to other markets outside of CH, customs duties, taxes, and any additional fees may apply. These costs will be calculated separately and will be the responsibility of the Purchaser. The Purchaser is also responsible for providing any necessary information required for customs clearance in these markets.

7.4. Delivery Error and Visible Defect

Upon receipt of the Products, the Purchaser must inspect them for any visible defects or errors. If any issues are found, the Purchaser must inform the Company via email with accompanying pictures within five (5) business days from the date of delivery. The Company will verify the defect and offer a replacement or refund as appropriate.

7.5. Damage and Partial Loss

If the Products are damaged or partially lost during transit, the Purchaser must notify the Company immediately upon discovery, and no later than five (5) business days after delivery. The notification should include detailed information and pictures of the damage. The Company will assess the situation and arrange for a replacement or compensation.

7.6. Late Delivery

If the delivery is delayed, the Company will notify the Purchaser accordingly. Delays do not give rise to any liability on the part of the Company and do not constitute a reason for the cancellation of the order.

7.7. Pick-up Option

With prior approval, the Purchaser may arrange to pick up the Products from the Company’s warehouse during business hours on business days, excluding official holidays. If the Purchaser or their carrier fails to collect the Products on the agreed date, the Company will store the Products for a maximum of one (1) month, and storage fees may apply. Storage fees may apply, ranging from 15 to 35 CHF per cubic meter per day. After this period, the Company may cancel the order at the Purchaser’s expense.

7.8. Reception of Products

The Company is entitled to deliver the Products to any person present at the delivery location who presents themselves for reception. This person is deemed to represent the Purchaser.

7.9. Transfer of Ownership and Risk

The Products delivered remain the property of the Company until full payment of their price, including interest and costs, has been received. The Purchaser undertakes not to sell, process, pledge, or dispose of the Products as long as they remain the property of the Company. The Purchaser shall notify the Company without delay of any seizure, theft, or other circumstances that may infringe the Company’s property rights in the goods.

Risk of loss or damage to the Products passes to the Purchaser according to the principle of Delivered at Place (DAP Incoterms 2020), unless otherwise agreed. The Purchaser is responsible for any damage resulting from or during loading, transport, and unloading of the Products.

Article 8: Returns and Exchanges

8.1. Return Conditions

Returns are accepted under the following conditions:

Visible Defects: The Purchaser must report any visible defects within five (5) business days of delivery, including a detailed description and photographs of the defects.
Hidden Manufacturing Defects: For defects not immediately noticeable, the Purchaser must notify the Company within five (5) business days of discovering the defect, but no later than two (2) years from the delivery date. These are covered under the warranty terms outlined in Article 10: Warranty and Liability.
Incorrect Products: If incorrect Products are delivered, the Purchaser must inform the Company within five (5) business days of delivery.

8.2. Return Procedure

To return Products, follow these steps:

Contact the Company's customer service to obtain a return authorization.
Provide necessary details, including order number, product description, and reason for return.
Include detailed descriptions and photos of any defects.
Follow the shipping instructions provided by the Company to return the Products.
Return shipping costs from the Purchaser to the Company are the Company’s responsibility.

8.3. Refund and Replacement

If the return is due to a defect or error on the part of the Company:

The Company will verify the defect and offer a replacement or refund as appropriate.

8.4. Complaints

Complaints about hidden manufacturing defects must be made by registered letter within a period of five (5) business days after discovery and at the latest two (2) years after the date of delivery. Complaints must include sufficient evidence to substantiate the claim, such as photos, a description of the problem, and samples of the defective Products. These complaints are handled in accordance with the warranty terms outlined in Article 10.

Article 9: Exclusion of Consumer Rights

9.1. Non-applicability of Consumer Rights

Certain consumer rights that apply to individual consumers do not apply to business-to-business (B2B) transactions. These Terms and Conditions are specifically tailored for transactions between the Company and professional business customers, and as such, consumer protection laws and regulations that are designed for private consumers are not applicable.

9.2. Professional Buyer Assumptions

The Purchaser is assumed to have the necessary professional knowledge, expertise, and resources to evaluate and select the Products that meet their specific requirements. As a professional buyer, the Purchaser acknowledges that the legal framework for B2B transactions differs from that of consumer transactions. The Purchaser agrees to be bound by these Terms and Conditions, recognizing the distinction from consumer rights and protections.

Article 10: Warranty and Liability

10.1. Warranty Period

The Company provides a warranty for its Products for a period of 2 years from the date of delivery. This warranty covers manufacturing defects and defects in materials. The warranty does not cover normal wear and tear, damage caused by improper use or installation, or modifications made by the Purchaser or a third party.

10.2. Warranty Claims

To make a warranty claim, the Purchaser must follow these steps:

Notify the Company in writing of the defect within the warranty period.
Provide detailed information about the defect, including photos and a description of the issue.
Submit proof of purchase, such as an invoice or receipt.
Follow any additional instructions provided by the Company for the return or inspection of the defective Product.

Upon receipt of the warranty claim, the Company will verify the defect and, if covered under the warranty, will repair or replace the defective Product at no cost to the Purchaser.

Samples are not subject to warranty and no claims can be made.

10.3. Liability for Defects

The Company’s liability for defects is limited to the repair or replacement of the defective Product. If the Company determines that repair or replacement is not feasible, the Purchaser will be entitled to a refund of the purchase price. The Company is not liable for any indirect or consequential damages arising from defects in the Products.

10.4. Limitations for B2B

For business customers, the Company’s liability is more stringent and includes the following limitations:

The Company is not liable for indirect or consequential damages, including but not limited to loss of profit, loss of business, or loss of goodwill.
The total liability of the Company for any claims arising out of or related to the sale of Products is limited to the purchase price of the Products.

Article 11: Data Protection

11.1. Data Collection

The Company collects personal data from the Purchaser in the course of business transactions. This includes, but is not limited to, the Purchaser’s name, contact details, payment information, and any other information necessary for processing orders and providing services.

11.2. Data Use

The collected data is used for the following purposes:

Processing and fulfilling orders.
Managing customer accounts and providing customer support.
Communicating with the Purchaser regarding orders, services, and promotional offers.
Complying with legal obligations and regulations.

11.3. Data Protection Measures

The Company implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or damage. These measures include data encryption, secure storage, and access controls.

11.4. Privacy Policy

For more detailed information on how the Company handles personal data, please refer to the Company’s Privacy Policy. The Privacy Policy provides comprehensive details on data collection, use, protection measures, and the rights of data subjects in line with Swiss Federal act of Data Protection.

Article 12: Intellectual Property

12.1. Rights Reserved

The Company retains all intellectual property rights related to its Products, website content, trademarks, and any other proprietary materials. This includes, but is not limited to, copyrights, trademarks, design rights, patents, and any other intellectual property rights recognized under Swiss law.

12.2. Usage Restrictions

The Purchaser is granted a limited, non-exclusive, non-transferable right to use the Products and related materials for their intended purpose. The Purchaser is not permitted to:

Reproduce, distribute, or create derivative works based on the Company's intellectual property without prior written consent.
Use the Company's trademarks, logos, or other proprietary graphics without authorization.
Reverse engineer, decompile, or disassemble any of the Products or related materials.

12.3. Improvements and Feedback

Any improvements, modifications, or suggestions made by the Purchaser regarding the Products or related materials shall be the exclusive property of the Company. The Purchaser agrees to assign any rights they may have in such improvements or feedback to the Company.

Article 13: Governing Law and Jurisdiction

13.1. Applicable Law

These General Terms and Conditions (Terms) are governed by and construed in accordance with Swiss law, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2. Jurisdiction

Any disputes arising out of or in connection with these Terms, including any questions regarding their existence, validity, or termination, shall be submitted to the exclusive jurisdiction of the competent courts in Zurich, Switzerland.

Article 14: Changes to the T&C

14.1. Modification Conditions

The Company reserves the right to modify these General Terms and Conditions (T&C) at any time. Modifications may be made to reflect changes in legal requirements, business practices, or the introduction of new services or products. Any changes will be effective upon publication of the revised T&C on the Company's website unless otherwise stated.

14.2. Customer Notification

The Company will inform customers of any significant changes to the T&C via email or a prominent notice on the Company’s website. Customers are advised to review the T&C regularly to stay informed about any updates. Continued use of the Company’s services or Products after changes have been made constitutes acceptance of the revised T&C.

Article 15: Customer Service

15.1. Contact Information

For any inquiries, assistance, or support, customers can contact our customer service team using the following details:

Phone Number: +41 (0) 76 673 7211
Email Address: info@kandes.ch
Business Hours: 9.00-17.00 (Mon-Fri)

15.2. Complaint Handling

We strive to provide excellent service, but if you have any complaints or disputes, please follow these steps:

Initial Contact: Contact our customer service team via phone or email with details of your complaint.
Complaint Review: Our team will review your complaint and may request additional information or documentation.
Resolution: We aim to resolve complaints promptly and will communicate our findings and proposed solution to you.

If the complaint cannot be resolved through our customer service team, it may be escalated to higher management for further review.

Article 16: Dispute Resolution

16.1. Initial Resolution

The Company aims to resolve any disputes quickly and efficiently. In the event of a dispute, the Purchaser should first contact the Company's customer service to attempt to resolve the issue informally.

16.2. Mediation

If the dispute cannot be resolved through initial contact, the Company and the Purchaser agree to attempt to resolve the dispute through mediation. Both parties will agree on a neutral mediator and will share the costs of mediation equally.

16.3. Arbitration

If mediation fails to resolve the dispute, it shall be settled by binding arbitration. The arbitration will be conducted in accordance with the rules of the Swiss Arbitration Association. The arbitration will take place in Zurich, Switzerland, and the language of the arbitration will be in German.

16.4. Court Proceedings

If arbitration is not an option, either party may bring the dispute to the competent courts of Zurich, Switzerland.

16.5. Governing Law

All disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with Swiss law.

Article 17: Use of the Webshop

17.1. Account Creation

To place orders through the Company’s webshop, the Purchaser can choose to create an account. During the account creation process, the Purchaser must provide accurate and complete information. The Purchaser is responsible for maintaining the confidentiality of their account login details and for all activities that occur under their account.

17.2. Confidentiality of Account Login

The Purchaser must keep their account login details confidential and not share them with any third party. Any unauthorized access or use of the account should be reported to the Company immediately. The Purchaser is responsible for any actions taken under their account, whether authorized or unauthorized.

17.3. Account Maintenance

The Purchaser must ensure that their account information is kept up-to-date. If any changes occur, such as a change in contact information or billing details, the Purchaser must update their account information promptly.

17.4. Security

The Purchaser must notify the Company immediately if they suspect any unauthorized use of their account or any other security breach. The Company will not be liable for any loss or damage arising from the Purchaser's failure to comply with these security obligations.

17.5. Content

The Company strives to provide accurate and up-to-date content on its webshop. However, the Company does not guarantee the accuracy, completeness, or reliability of any information provided. The Purchaser agrees that the use of any content or information provided on the webshop is at their own risk. The Company reserves the right to modify, update, or remove content at any time without prior notice.

Images of the Products are for illustrative purposes only and may show items not included in the price or that differ from the actual Products. To avoid any misunderstandings, the Purchaser is encouraged to contact the Company's Customer Service if they have any questions or doubts regarding the accuracy of the product descriptions or prices. The Company is not liable for any material, typographical, or printing errors that may occur on the webshop.

17.6. Termination of Account

The Company reserves the right to terminate or suspend the Purchaser’s account at any time if it believes the account is being used in violation of these Terms and Conditions or any applicable laws and regulations.

17.7. Sustainable Practices

17.8. Product Disposal

The Consumer is encouraged to dispose of Products in an environmentally responsible manner. Information on proper disposal methods and recycling options is available upon request.

17.9. Packaging

The Company uses environmentally friendly packaging materials wherever possible. The Consumer is encouraged to recycle packaging materials in accordance with local recycling programs.

18.0. Certifications

Article 18: Final Provisions

18.1. Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable. The invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

18.2. Force Majeure

The Company is not liable for any failure to perform, or delay in performing, any of its obligations under these Terms and Conditions if such failure or delay is caused by an event beyond its reasonable control (a "Force Majeure Event"). Force Majeure Events include, but are not limited to, natural disasters, war, riots, acts of terrorism, governmental actions, labor strikes, and disruptions in transportation or communication networks.

If a Force Majeure Event occurs, the Company will notify the Purchaser as soon as reasonably possible and make reasonable efforts to minimize the impact on the performance of its obligations.

18.3. Suspension and Termination

The Company reserves the right to suspend or terminate the contract with the Purchaser if the Purchaser breaches any of the terms or if the Company is unable to perform its obligations due to a Force Majeure Event. In such cases, the Purchaser will be notified in writing, and any payments made for undelivered goods will be refunded.

18.4. Miscellaneous Provisions

These Terms and Conditions, along with any documents expressly referred to in them, constitute the entire agreement between the Purchaser and the Company and supersede all previous agreements, arrangements, and understandings between them relating to the subject matter. No other terms, whether expressed or implied, shall apply unless agreed in writing by both parties.