§ 1 Business scope

(1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the online business relationship between AirMarker AG (hereinafter referred to as "We") and the customer (hereinafter referred to as "You") in the version valid at the time of the order. We do not recognise any deviating terms and conditions from your end.

(2) We are entitled to amend, modify or delete without prior notice the GTC at any time.

§ 2 Quotation and Conclusion of Contract

(1) By ordering the requested goods and clicking the "buy" button, you submit a binding quotation for the conclusion of a contract, which is accepted by us without further confirmation by dispatching the goods.

(2) The conditions specified and selected by you are decisive for the scope and execution of the delivery. The contract shall be concluded under the conditions (price, shipping costs) applicable in the respective quotation.

(3) The order quantity is limited to the order of a total of 8 AirMarkers at one time. We reserve the right not to accept incoming orders exceeding this quantity and/or to cancel them unilaterally. You will be informed of this separately.

(4) You acquire the products for personal use. It is prohibited to resell the purchased goods commercially. We reserve the right to take appropriate (trademark) legal measures. If you wish to order a larger quantity of goods or goods for commercial distribution, please contact us (basecamp@airmarker.swiss), or contact one of our Professional Partners (https://www.airmarker.swiss/en/discover/storefinder). If no contact is made or if several large orders are placed over a short period of time, we reserve the right to cancel the orders unilaterally.

(5) The website www.airmarker.swiss contains information about products and services. All information on www.airmarker.swiss (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) is for illustrative purposes and is not binding. In particular, they do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. We endeavour to ensure that all details and information on this website are correct, complete, up-to-date and clearly arranged, but we can neither expressly nor implicitly guarantee this. We do not guarantee that the listed products will be available at the time of ordering. Therefore, all information on availability and delivery times is provided without guarantee and is subject to change at any time and without notice.

(6) The contract shall be concluded in German or English. The text of the contract (consisting of the purchase order and the General Terms and Conditions) is stored by the Seller in compliance with the applicable provisions of the laws on data protection and sent to the Customer by e-mail. If the customer is registered in the online store, they can also view their current orders in their personal customer area "My Basecamp".

(7) You are required to fill out the fields provided in the order completely and truthfully.

§ 3 Prices and Payment

(1) Prices are quoted in Swiss francs, euros or US dollars. The currency of an order depends on the country of destination of the order.

(2) Orders delivered to the EU area are invoiced in euros. Orders delivered to Switzerland or Liechtenstein will be invoiced in Swiss francs. Orders delivered to the USA will be invoiced in US dollars. Orders that are delivered to a country other than the explicitly named countries and country associations will also be invoiced in euros.

(3) Deliveries are only made against payment with the accepted means of payment Visa, Mastercard, American Express, TWINT (CH), Apple Pay, Samsung Pay, Google Pay and PayPal.

(4) For deliveries to Switzerland, Liechtenstein and the EU area, any sales taxes are already charged by AirMarker and are shown in the shopping cart "My Backpack". If the delivery address is not in the EU area or in Switzerland or Liechtenstein, import duties and VAT charges of the respective country are at your expense.

§ 4 Delivery Conditions and Dates

(1) For the regions listed below, the following delivery terms apply without obligation (working days: Monday-Friday): Switzerland: 2–4 working days, Europe: 5–8 working days, All other countries: 10–14 working days

(2) Shipping price
The shipping price depends on the country of delivery as well as the shopping basket and is calculated and displayed in the check-out at the 2nd step "Delivery and Invoice".

(3) Import, taxes and customs duties
Delivery to the EU, Switzerland and Liechtenstein: no additional costs. All import taxes and customs duties are already included in the purchase price. In the case of delivery to a country not mentioned above, customs duties, VAT and import taxes will be charged. These are to be paid by the recipient upon acceptance of the delivery.

(4) Mode of delivery
For the following regions, the indicated shipping service applies in principle:

Switzerland & Liechtenstein: Swiss Post
Austria: Austrian Post
Germany: German Post
EU: DHL
Other countries: we choose the best partner for your delivery.

(5) Questions
If you have any further questions, please do not hesitate to contact us at basecamp@AirMarker.swiss from Monday to Friday.

§ 5 Right of Withdrawal

(1) You have the right to cancel this contract within 14 days of receipt of the goods in accordance with the provisions of this section without giving any reason. In order to exercise your right of withdrawal, you must inform us (AirMarker AG, Industriestrasse 4, CH-7208 Malans GR, Switzerland; phone: +41 81 330 60 03; e-mail: basecamp@airmarker.swiss) of your decision to withdraw from this contract by means of a clear declaration. For this purpose, you can use the attached sample withdrawal form, send us an e-mail or letter by post, or register the return directly on our website (https://www.airmarker.swiss/en/returns-portal). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

(2) If you withdraw from this contract, we will refund the payments we have received from you immediately and at the latest within fourteen days from the date the notification of your withdrawal from this contract is received by us if delivery has not already taken place, or within 7 days from the day on which we received the goods to be returned. For the refund, we will use the same means of payment that you used for the original transaction. 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, depending on which of the two has occurred first.

(3) All items returned in this way will be checked by us. You shall bear the costs for the return transport. You must pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods that was not necessary for checking the condition, properties and functioning of the goods. The amount to be reimbursed by us may be reduced by us in particular if:

traces of improper use or any use other than intended, intentional or negligent, are visible.
the product is damaged due to the return transport
one or both security seals on the product are broken
force majeure, e.g. natural disasters
the protective film of the AirMarker has been removed

Sample cancellation form

If you wish to cancel your contract, please fill out and return this form or register the return on our website: https://www.airmarker.swiss/en/returns-portal

To AirMarker AG, Industriestrasse 4, CH-7208 Malans GR, Switzerland, Phone: +41 81 3306003; E-mail: basecamp@AirMarker.swiss
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods: (*)
ordered on (*) /received on (*)
Name of the customer(s)
Address of the customer(s)
Signature of customer(s) (only in case of paper communication)
Date(s)

(*) Delete where inapplicable.

§ 6 Return of Goods and Replacement

(1) If the product is found to be defective in quality or was not ordered by you, we will gladly replace it, notwithstanding your right of cancellation and warranty claims. If you did not purchase your AirMarker through our web shop, please contact the retailer with your claim. If you bought your AirMarker online via our web shop, you can register the return on our website: https://www.airmarker.swiss/en/returns-portal

However, products will not be accepted for return if:

traces of use are visible.
the product is damaged due to return transport.
one or both safety seals on the product are broken.
force majeure, for example natural disasters.
the protective film of the AirMarker has been removed.

(2) If the product gets lost during the return transport to AirMarker, no refund will be issued. We recommend sending the product via a supplier which offers Track & Trace.

(3) Once you have released the AirMarker, you can return it to us. Registration via https://www.airmarker.swiss/en/returns-portal. Upon receipt of the triggered AirMarker, we will gladly offer you a new device at special conditions.

§ 7 Liability

(1) In the event of a defect in the goods, you are entitled to the statutory warranty rights. You are free to demand a replacement product or to withdraw from the contract.

(2) The warranty period is 24 months, calculated from delivery. This period is a limitation period and also applies to claims for compensation for consequential harm caused by a defect, insofar as no claims are made in tort.

(3) Claims for damages are excluded. This excludes claims for damages arising from injury to life, body or health, as well as liability for other damages based on an intentional or negligent violation of duty on our part, on the part of our legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely, shall remain unaffected. In the event of a slightly negligent breach of these contractual obligations, we shall only be liable for the foreseeable damage typical of the contract, unless it is a matter of claims for damages arising from injury to life, body or health. The foregoing shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them. The provisions of the Product Liability Act shall remain unaffected.

§ 8 Notes on Data Processing

We will only process and store personal data in accordance with the applicable data protection regulations and applicable law. These data protection regulations are available in the web shop https://www.airmarker.swiss/en/privacy-policy.

§ 9 Protection of Intellectual Property

Our trademarks, commercial designations, designs, products and website content are protected by copyright. Modifications, reproductions, imitations of any kind are prohibited.

§ 10 Final Provisions

(1) For customers in Switzerland: These GTC and the contracts concluded on the basis of these GTC shall be subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Chur, Switzerland.

(2) For all other customers: Swiss law shall apply to all transactions. The place of jurisdiction is Chur, Switzerland. However, this only applies to you to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your usual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) In the event of any individual provisions of these General Terms and Conditions being wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provisions shall be replaced by provisions whose content is as close as possible to that of the invalid provisions.

§ 11 Contact

If you have any questions about these terms and conditions, please contact AirMarker AG, Industriestrasse 4, CH-7208 Malans, Switzerland directly.

General Terms and Conditions of AirMarker AG – B2C (as of June 1, 2023)