Terms and Conditions (AGB)
These General Terms and Conditions (AGB) govern all offers, orders and deliveries via noson.ch by Unity Shield LLC, 30 N Gould St Ste N, Sheridan, WY 82801, USA (email: [email protected]).
1. Scope, contracting party and exclusion of guarantees
The sole contracting party and seller for all orders placed via noson.ch is Unity Shield LLC, with its statutory registered office at 30 N Gould St Ste N, Sheridan, WY 82801, USA. The sales territory is restricted exclusively to delivery addresses in Switzerland; orders with a delivery address outside Switzerland will not be accepted. Unity Shield LLC maintains no physical permanent establishment or own warehouse in Switzerland or the USA, and uses legally and economically independent third-party partners for production, technical inspection and dispatch (Article 5(4) and (6) OECD Model Tax Convention). These Terms and Conditions apply exclusively to all legal relationships. Product descriptions, illustrations, 3D views, dimensions, weights and application notes serve general guidance and constitute non-binding reference values; they establish neither an assurance of characteristics within the meaning of Article 197 of the Swiss Code of Obligations (OR) nor any contractual durability or quality guarantee. Deviating terms of the customer do not apply.
2. Conclusion of contract, error reservation and supply reservation
Product presentations on noson.ch do not constitute a legally binding offer, but a non-binding invitation to place an order (Article 7(2) OR). By submitting an order, the buyer makes a binding offer. A contract is concluded only once Unity Shield LLC expressly confirms the order in text form or initiates delivery; an automated acknowledgement of receipt merely documents technical receipt of the enquiry. Obvious pricing, typing, calculation or transmission errors entitle Unity Shield LLC at any time to correction or declaration of non-bindingness (Article 24 OR). Because the noson® nasal dilator is handcrafted in limited precision batches, conclusion of the contract is subject to proper and timely supply by independent manufacturing partners and upstream suppliers. In the event of unavailability without fault on the part of Unity Shield LLC, Unity Shield LLC is entitled to withdraw from the contract; any payments already made will be refunded in such cases to the exclusion of any further compensation claims.
3. Prices in CHF, VAT, import charges, payment terms and prohibition of assignment
All prices are stated in Swiss Francs (CHF). Because Unity Shield LLC is currently not registered in the Swiss VAT register, no Swiss VAT is charged or stated. Shipping costs are displayed before completion of the order. For deliveries shipped from foreign or European logistics and manufacturing centers, import duties, import taxes or customs clearance fees charged by customs, postal or courier service providers may apply and must be borne in full by the buyer unless expressly stated as included at checkout. The purchase price is due in advance upon submission of the order; production call-off and dispatch take place only after receipt of full payment. In the event of payment default or an unjustified payment chargeback (in particular credit card or payment provider chargeback), the buyer bears all resulting bank, processing, reminder and legal enforcement costs. Any set-off by the buyer (Articles 120 et seq. OR) as well as any right of retention is excluded unless the counterclaim has been established by a final court judgment (Article 126 OR). Assignment of defect, warranty or other claims against Unity Shield LLC to third parties is excluded pursuant to Article 164(1) OR.
4. Manufacturing and delivery times, force majeure and immediate transfer of risk (Art. 185 OR)
Preparation and delivery take place through independent manufacturing and logistics partners exclusively to delivery addresses in Switzerland. While available stock items are dispatched as indicated during the ordering process, the regular manufacturing, inspection and delivery time for handcrafted products (such as the noson® nasal dilator) as well as made-to-order or processed textile, bag, shoe, accessory and supply items is 3 to 4 weeks (21 to 28 business days) from receipt of full payment. Partial deliveries are permissible. In cases of force majeure and unforeseeable obstacles beyond the control of Unity Shield LLC (in particular raw material, component or production bottlenecks at third-party manufactories, operational disruptions, strikes, customs or transport delays, or official measures), all delivery and processing periods are automatically extended by the duration of the obstacle plus a start-up period of 14 business days. Delivery delays entitle the buyer neither to cancellation nor to damages; any setting of a grace period requires text form to be effective and, in view of the handcrafted production processes, must amount to at least four (4) weeks (28 business days). Pursuant to Article 185(1) and (2) OR, benefit, title and risk pass to the buyer outside the United States no later than upon handover of the goods to the independent transport or logistics service provider. If delivery fails due to incorrect address details or failure to collect the parcel, the buyer bears all return, storage and redelivery costs.
5. Binding nature of orders and exclusion of withdrawal, return and exchange
Under applicable Swiss law (Articles 40a et seq. OR), there is no statutory right of withdrawal, cancellation or return for contracts concluded in electronic commerce (online shop). Unity Shield LLC expressly grants no voluntary contractual right of return, withdrawal or exchange; all orders are legally binding upon submission. Furthermore, (a) the noson® nasal dilator as well as all intranasal components, hygiene and care items coming into contact with mucous membranes, for mandatory reasons of health protection and hygiene, and (b) made-to-order, printed, processed or individually prepared items (in particular textiles, shoes, bags, accessories and custom items) are generally and without exception—even if unopened—excluded from cancellation, return, exchange and refund. Unauthorized shipments of goods to the statutory registered office in Sheridan, Wyoming (USA) or to logistics partners will not be accepted.
6. Inspection and defect notice period (3 business days under Art. 201 OR), exclusion of rescission/reduction and priority of rectification (3 attempts)
Pursuant to Article 201(1) OR, the buyer is obliged to inspect the condition of the received goods immediately upon receipt and to notify any recognizable material or manufacturing defects in text form by email to [email protected] no later than within a binding period of three (3) business days from delivery, enclosing the original proof of purchase, order number, a precise fault description and photo documentation. If proper and timely notice is not given within 3 business days from delivery, the delivered goods are deemed unconditionally approved in every respect pursuant to Article 201(2) OR and all defect claims are forfeited. The noson® nasal dilator is a precision-adjustable product designed to be adapted to the user’s individual nasal anatomy; accordingly, no material defect exists in the case of: (a) individual subjective wearing sensation, pressure sensation or anatomical characteristics of the nose, (b) deformation, breakage or material damage resulting from improper handling, overstretching, unauthorized bending or mechanical overload, (c) damage caused by cleaning, disinfection or care contrary to the instructions (in particular boiling water, heat exposure, harsh solvents or high-concentration alcohol), or (d) natural wear and tear. Unauthorized repair attempts, modifications or interventions by the buyer or third parties, as well as self-remedy at the expense of Unity Shield LLC, are excluded and result in the immediate loss of all claims. Pursuant to Article 199 OR, rescission (Wandelung), price reduction (Minderung), replacement delivery and substitute performance are completely excluded. Where a verifiable material or manufacturing defect has been duly notified within 3 business days, the buyer’s sole and exclusive remedy is professional rectification (repair, fine readjustment or component replacement through the independent inspection and service point designated by Unity Shield LLC). Due to the handcrafted and individually adjustable construction of the product, Unity Shield LLC is entitled to at least three (3) rectification attempts for each asserted defect. Following prior written authorization (RMA), the buyer must send the demonstrably cleaned and disinfected product at their own cost and risk to the independent inspection point designated in the authorization; unannounced, unstamped or uncleaned and undisinfected shipments will be refused for occupational and health protection reasons. The regular processing time per inspection and rectification process is 3 to 4 weeks (21 to 28 business days) from receipt of the product at the inspection point. If technical inspection shows that no material defect exists, the buyer bears all resulting inspection, processing and return shipping costs. Any inspection or rectification always takes place without acknowledgement of a legal obligation (no acknowledgement within the meaning of Article 135 no. 1 OR) and does not restart any limitation period. Towards commercial buyers, practices, resellers and businesses (B2B) as well as for used goods, any warranty for defects is completely excluded pursuant to Article 199 OR.
7. Digital content, advisory services and medical notice
For digital content, accompanying materials, training documents and advisory services, format and scope of use follow exclusively the respective product description; passing on, reproduction or commercial third-party use is prohibited. All products, digital content and application notes serve exclusively general breathing comfort and product information, constitute pure services (Articles 394 et seq. OR) and do not replace medical examination, diagnosis or treatment; no specific application, breathing, habituation or relief outcome is owed. Bindingly booked advisory appointments must be cancelled at least 48 hours in advance; in the event of late cancellation or no-show, the full remuneration remains payable.
8. Limitation of liability (Art. 100 and Art. 101 OR)
Claims for damages, reimbursement of expenses and satisfaction against Unity Shield LLC—irrespective of their legal basis (contractual, non-contractual or quasi-contractual)—are excluded to the maximum extent permitted by law and are in any event limited in amount to the single purchase price of the specifically affected product (subject to Article 100(1) OR). Any liability for slight and medium negligence (Article 100(1) OR), for auxiliary persons, independent manufacturing, inspection and logistics partners and agents (complete exclusion of liability for auxiliary persons pursuant to Article 101(2) OR), for indirect damages, consequential damages, third-party damages, lost profits, futile expenses or punitive damages, as well as for damage, incompatibilities or impairment resulting from unauthorized bending, improper handling, existing anatomical or medical contraindications, delivery delays or failure to observe the application and hygiene instructions, is excluded in full. This exclusion and limitation of liability applies equally in favour of all members, officers, representatives and agents of Unity Shield LLC.
9. Intellectual property, applicable law, jurisdiction and severability
All trademarks (in particular noson®, nosonair® and nosebreeze®), product designs, 3D models, photographs, videos and texts are the sole property of Unity Shield LLC, USA. All legal relationships between Unity Shield LLC and the buyer are governed exclusively by substantive Swiss law (Swiss Code of Obligations, OR) to the complete exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-laws rules. Class actions, representative actions and jury trials are excluded. The exclusive place of jurisdiction for all lawsuits and proceedings brought against Unity Shield LLC is the statutory corporate seat of Unity Shield LLC in Sheridan, Wyoming, USA; however, Unity Shield LLC remains entitled to assert claims against the buyer at the buyer’s domicile or registered seat in Switzerland. Should individual provisions of these Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions remains unaffected; the invalid provision shall be replaced by the legally permissible provision that comes closest to the economic protective purpose in favour of Unity Shield LLC.