General Terms and Conditions (GTC) for private customers

1. Validity of the GTCs

These General Terms and Conditions (GTC) apply to contracts concluded between INFINIRI AG ("INFINIRI") and private customers ("Customers"). The sale and delivery of the goods offered by us, and the provision of services are subject to these GTC and other special conditions. These form an integral part of the respective contract. We do not recognize any deviating general terms and conditions or other conditions of the Customer ("customer conditions") unless we have agreed to them in writing. This will also apply if we perform our services without reservation in the knowledge of conflicting or deviating Customer terms and conditions. The GTC in the version valid on the order date are applicable. By placing an order, the Customer accepts these GTC in full and without restriction.

INFINIRI reserves the right to amend these GTC at any time. Changes will be communicated to the Customer in an appropriate form and will be deemed approved when the Customer places his next order with INFINIRI after notification of the changes.

2. Order and Conclusion of Contract

The information on our offers contained in catalogues and price lists are for explanatory purposes only and are not binding. The presentation of products in the INFINIRI online shop do not constitute a legally binding offer, but merely a non-binding online catalogue. An order is not finalized until it has been accepted by INFINIRI. We reserve the right to refuse any order placed by a Customer.

You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button "order subject to payment" you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been placed. Such a confirmation does not constitute a binding acceptance of the order unless acceptance is declared in addition to the confirmation of receipt. A contract is only concluded when we accept your order separately by e-mail (dispatch confirmation) or by delivering the ordered items.

3. Instructions regarding revocation rights / Right of Revocation (Distance Contract)

As a consumer resident in the EU, you have a statutory right of cancellation when concluding a distance selling contract, about which we inform you below in accordance with the statutory model.

Instructions regarding revocation rights / Right of Revocation: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us (INFINIRI AG, Mariahilfgasse 2a, 6004 Luzern, E-Mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, which is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of Cancellation: If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract to

INFINIRI AG, Mariahilfgasse 2a, 6004 Luzern, Switzerland

The deadline is met if you dispatch the goods before the period of fourteen days has expired. We will bear the costs of returning the goods. You only must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.

Sample - Cancellation form

4. Price and Shipping Costs

Prices for deliveries to Switzerland are shown exclusively in Swiss francs. For deliveries to the EU and outside the EU, prices are shown in Euros The prices quoted include the statutory VAT. For deliveries to Switzerland, this is 8.1% of the value of the goods. For deliveries to the EU, the applicable VAT rate in the country of delivery applies. No VAT is charged for deliveries outside Switzerland and the EU. The goods are dispatched with a customs declaration, which means that, depending on the recipient country, the applicable customs duties and import tax rates apply, the payment of which is the responsibility of the buyer.

The prices are based on the current price lists, offers and order confirmations, unless there are typing, printing or calculation errors. Processing fees, packaging and shipping costs are not included. Small quantity surcharge and free domicile regulation as well as any other delivery costs are regulated according to the current price list. We reserve the right to change our prices at any time. For goods ordered by Customers, however, the prices valid on the order date or stated on the order confirmation or pro-forma invoice (advance payment) will always apply.

The shipping costs incurred will be displayed during the presentation of our products and during the ordering process. These may vary depending on the delivery location you specify.

5. Terms of Delivery

The goods are generally delivered as quickly as possible, depending on receipt and scope of the order. INFINIRI reserves the right to make partial deliveries and to limit the delivery quantity for a specific product. The stated delivery times are not binding. Failure to meet delivery deadlines will not constitute grounds for cancellation of the order, compensation, or any other deduction from the price. However, if the announced delay in delivery is more than 30 days, the Customer may cancel his order in writing and thus withdraw from the contract. In this case, any payments already made will be refunded immediately. INFINIRI's statutory rights of cancellation and termination as well as the statutory provisions on the performance of the contract in the event of an exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance and/or subsequent performance) will remain unaffected.

In all cases, INFINIRI will not be liable for delays in delivery caused by force majeure, industrial action for which one of the contracting parties is not responsible and other operational disruptions and official measures for which it is not responsible or for which third-party manufacturers or our logistics partners are responsible.

6. Place of Fulfilment, Transport Risk and Insurance

Unless a specific place of fulfilment is expressly agreed on, delivery will be deemed to be the provision of the goods at INFINIRI's warehouse (EXW; Ex Works; Incoterms 2020), whereby benefit and risk will pass to the Customer upon dispatch of the goods "Ex Works" (warehouse) from INFINIRI. Transport from the place of delivery is therefore carried out on behalf of, at the risk and peril of the Customer. INFINIRI will only take out transport insurance at the written request and expense of the Customer. The goods delivered to the Customer must be checked immediately for transport damage. If such damage is found, a damage report must be requested from the carrier (post office, railway, or freight forwarder) and completed immediately. Only with this protocol it is possible to claim this damage from the transport company.

Shipping method regulation Normal / Express / Delivery times Consequences of non-compliance with the delivery time - Right of return for express charges.

7. Terms of Payment

Payment for all orders is accepted exclusively in Swiss Francs or Euros, depending on the Customer's place of residence. In the case of partial deliveries, only the costs for the goods dispatched and the shipping costs will be charged. Our invoices are due for payment from the date of invoice and must be paid no later than 30 days after the invoice date, without any deductions. Unauthorized deductions will be charged subsequently. In the event of non-compliance with this payment deadline, we are entitled to charge default interest of 5.0% as well as processing fees (e.g. for payment reminders).

Depending on the billing address you specify, different payment options are available to you (e.g. by credit card, PayPal or on account). The different payment options will be displayed during the order process allowing you to choose one of them.

Your payment data will be transmitted to the relevant payment service provider depending on the payment method you have selected. The financial service provider is responsible for your payment data.

The following payment methods are available in our shop, although additional payment options can be agreed with private Customers:

1. WALLEE

   The payment provider Wallee Group AG (hereinafter "WALLEE") offers various payment options for our Swiss customers as an external service provider. After placing your order, you will be redirected to the Wallee website in an integrated payment field (web window). To pay the invoice amount via a payment service provider offered by WALLEE, you must complete the respective mandatory fields, including personal and address information, contact information, and payment details. You must accept the Terms and Conditions and Privacy Policy.

   Further information will be provided during the ordering process. The payment transaction will be processed immediately by WALLEE, and your account with your payment service provider will be debited.

   If you pay using the "WALLEE" payment option, additional terms and conditions of Wallee Group AG apply to the selected payment method, which you accept in addition to our Terms and Conditions. All terms and conditions of Wallee Group AG can be found at the following link: https://de.wallee.com/legal/agb

2. Credit Card

   When you place your order, you also send us your credit card details. Once you have been legitimized as the rightful cardholder, we will ask your credit card company to initiate the payment transaction immediately after you place the order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.

3. Klarna Purchase by Invoice / «Pay Later»

   Our invoices are due for payment from the invoice date and must be paid no later than 30 days after the invoice date, without any deductions. Unauthorized deductions will be charged subsequently.

   Klarna Bank AB (publ), Sveavägen 46, Stockholm, Sweden, (hereinafter referred to as "Klarna") offers the payment option "Purchase by Invoice" for our Customers as an external service provider. Upon conclusion of your purchase contract, Klarna assumes the resulting invoice claim. The payment of the purchase price is made to Klarna.

   If you pay with the payment option "Purchase by Invoice" from Klarna, additional terms and conditions from Klarna apply to the selected payment method, which you accept in addition to our terms and conditions. You can find all of Klarna's terms and conditions under the following link: https://www.klarna.com/international/terms-and-conditions, including the general terms and conditions for purchasing on invoice with Klarna.

4. Sofort by Klarna / «Pay Now»

   Klarna offers the "Sofort" payment option from Sofort GmbH for our Customers as an external service provider (https://www.klarna.com/pay-now/customer-service) . Payment is made directly after completion of the order with your usual online banking data as a direct transfer procedure. By selecting "Sofort by Klarna", the order is finalised with your online banking data. For further information on the payment process, please refer to the following Klarna website: https://www.klarna.com/sofort/.

   If you pay with the payment option "Sofort by Klarna", additional terms and conditions of Klarna apply to the selected payment method, which you accept in addition to our terms and conditions. You can find all of Klarna's terms and conditions under the following link: https://www.klarna.com/international/terms-and-conditions, including the general terms and conditions for the payment option "Sofort by Klarna" (https://www.klarna.com/pay-now/terms-and-conditions)

5. TWINT

   TWINT AG (hereinafter referred to as "TWINT AG") offers the "TWINT" payment option for our Swiss Customers as an external service provider. After placing the order, you will be redirected to the TWINT website ("TWINT"). In order to be able to pay the invoice amount via TWINT, you must have an online banking account with PIN/TAN procedure activated for participation in TWINT or a credit balance with TWINT, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by TWINT and your account will be debited.

   If you pay with the "TWINT" payment option, additional terms, and terms and conditions of TWINT AG will apply for the selected payment method, which you accept in addition to our GTC. All TWINT AG terms and conditions can be found at the following link: https://www.twint.ch/agb-app/.

6. Paypal

   The company PayPal Pte. Ltd. 5 Temasek Boulevard, #09-01 Suntec Tower Five, Singapore 038985 and other affiliated companies (hereinafter jointly referred to as "PayPal") offer the "PayPal" payment option for our Customers as external service providers. During the ordering process, you will be redirected to the website of the online provider responsible for you, PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

   If you pay with the payment option "PayPal", additional terms and conditions of your contractual partner PayPal apply to the selected payment method, which you accept in addition to our General Terms and Conditions. You can find all PayPal terms and conditions under the following link: https://www.paypal.com/.

8. Retention of Title

The delivered goods remain our property until the total claim has been paid in full. The Customer authorizes INFINIRI to enter the retention of title in the reservation of ownership register at the buyer's domicile (Art. 715 ZGB) from the time of conclusion of the contract (see clause 2). As long as the retention of title lasts, the Customer may not dispose of the delivered goods, and in particular may not sell, rent, or pledge them. INFINIRI is also entitled to assert its right of ownership by taking back the delivered goods if the agreed terms of payment are not met. The Customer will be responsible for any associated handling and shipping costs.

9. Goods Inspections

If no Customer-specific checks have been agreed, a container check (type, condition, and quantity) is carried out when the goods are dispatched.

10. Complaints, Exchange and Return

The goods must be inspected by the Customer immediately upon arrival of the goods at the agreed place of delivery. Obvious defects or deviations from the order must be reported to us in writing within 7 days of arrival of the goods at the agreed place of delivery. Otherwise, the delivery will be deemed accepted. Defective or faulty items will always be replaced. Third-party repairs at our expense may only be carried out with our written consent.

For all goods, INFINIRI grants a contractual right of return for a total of 14 days over and above the statutory right of cancellation (see section 3 above). Should the Customer wish to make use of this contractual right of return, it is therefore necessary that the goods and packaging have been handled well beforehand and that INFINIRI is sent back the complete and undamaged goods in the original packaging. Incomplete goods, goods damaged or soiled by the Customer are generally not taken back and are therefore excluded from the statutory and contractual right of return.

If the Customer exercises his right of return, he is obliged to return the goods in their original packaging, brand-new, undamaged, unworn and with a dispatch note within 14 days of their arrival at the agreed place of delivery. Returns must be made within the specified period as follows:

1. The return of the goods must be notified to INFINIRI in writing with a delivery note and photos of the goods for a visual inspection of their condition (e-mail: E-Mail Address for returns).
2. INFINIRI confirms to the Customer within 2-3 business-days if the visual inspection has been passed by e-mail together with the return slip.
3. The return slip must be printed out and affixed to the package.
4. The timely dispatch is sufficient to meet the deadline.
5. The return shipment will be at the Customer's expense and risk.
6. Upon arrival of the return shipment, an incoming goods inspection will be carried out and the Customer will be notified within 7 days of receipt of the return shipment as to whether the conditions for return are met from INFINIRI's point of view.
7. If the return conditions are met in full, the purchase price paid will be refunded in full to the Customers via the same payment channel.
8. If the return conditions are not completely fulfilled, the Customer will be informed by e-mail within 7 days of receipt of the return. In this case, no or only a partial refund of the purchase price will be made.

The statutory right of cancellation for consumers (see section 3 above) is not affected by our rules on the contractual right of return but applies independently of this.

https://infiniri.ch/en/delivery-returns

11. Warranty and Guarantee

The statutory provisions will apply to the Customer's rights in the event of material defects and defects of title.

An additional guarantee only applies to the goods delivered by us if this is expressly stated in the description of the product on the page of our online shop or in the order confirmation for the respective product. The goods offered by INFINIRI are expressly not medical or therapeutic products, which is why a guarantee for medical or therapeutic products or a guarantee for the achievement of medical or therapeutic purposes using the products is expressly excluded in any event.

The proof of purchase and the warranty certificate must be submitted with the rejected goods as confirmation of purchase. The warranty claim covers all manufacturing and material defects, but not damage resulting from improper handling (e.g. washing and care errors), improper use (e.g. wearing outside the home without shoes) or damage caused by the purchaser or third parties or by tampering by unauthorized persons. INFINIRI expressly disclaims any warranty for defects attributable to the above.

12. Liability in General

INFINIRI excludes all liability to the extent permitted by law. We accept no liability whatsoever, except in cases of gross negligence or intent on the part of our employees. Liability for improper handling of the goods is excluded. Any liability for direct and/or indirect consequential damage as well as loss of profit and/or loss of earnings is excluded. Claims for damages due to incorrect illustrations, texts, prices, or late deliveries are also excluded.

The products offered by INFINIRI are expressly not medical or therapeutic products, which is why INFINIRI expressly excludes any liability in this respect.

13. Intellectual Property

All rights (including copyrights, trademarks, designs, patents and other intellectual property rights and other rights) in, to and arising from all content (including all text, data, graphics, images, sound recordings, videos, logos, brands, trademarks, product names, company names, icons, or HTML codes) of all published media remain with INFINIRI or the respective rights holder. Content may not be modified, copied, duplicated, broadcast, transmitted, displayed, performed, reproduced, sold, rented, licensed, used, supplemented, or otherwise exploited without the prior written permission of INFINIRI..

14. Data and Data Protection

INFINIRI undertakes to comply with the rules of data protection. Your personal data will be treated confidentially and will not be passed on to third parties. We reserve the right to check your details for accuracy and, if necessary, to refuse delivery of the goods. Further details on the use of your data can be found in the Privacy Policy .

15. Partial Invalidity

Should one or more provisions of these GTC be invalid, unlawful, or otherwise ineffective, this will not result in the ineffectiveness of the entire contract. The invalid provision will be replaced by the relevant statutory provision.

16. Applicable Law and Place of Jurisdiction

These Terms and Conditions will be governed exclusively by the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). The competent courts at the registered office of INFINIRI AG will have exclusive jurisdictions for all disputes arising out of or in connection with these Terms and Conditions. Mandatory legal jurisdictions remain reserved.

Lucerne, January 1st, 2024