1. General

1.all services provided to the customer by Swaytronic (Schweiz) AG and the online shop www.swaytronic.ch are exclusively based on the following general terms and conditions. Deviating regulations have only validity if they were agreed between Swaytronic (Switzerland) AG and customer in writing.

2. Conclusion of contract

2.(1) The offers of the online shop on the Internet represent a non-binding invitation to the customer to order goods in the online shop.

2.by ordering the desired goods on the internet, the customer submits a binding offer to conclude a purchase contract. 3.

2.the online shop is entitled to accept this offer within 10 calendar days by sending an order confirmation. The order confirmation shall be sent by e-mail. After fruitless expiry of the 10-day period, the offer shall be deemed to have been rejected. 4.

2.4) Offers and their prices of Swaytronic in advertisements and auction platforms are subject to change.

2.5. specifications in the sales documents are approximate values and are to be understood as such. Unless the specifications are expressly designated in writing as binding.

3. Delivery and delivery date

3.1 All items will be delivered immediately, provided they are available from stock.

3.delivery will only be made within Switzerland and to the countries listed in the online shop.

If the desired country is not listed, please contact us. Shipping of all products within Switzerland is free of charge*.

→ Post-Pac Economy; *from CHF. 30.00 order value.

3.the delivery time within Switzerland is usually 3 to 5 working days. 4.

3.if an item is not available at short notice, we will inform you by e-mail about the expected delivery time, provided we have an e-mail address from you.

3.5. in the event of delays in delivery, for example due to force majeure, traffic disruptions and orders from higher authorities, as well as other events for which we are not responsible, no claim for damages can be made against us.

3.the delivery times are generally not binding and are subject to the timely delivery of Swaytronic by its suppliers.

4. Packaging and shipping costs

4.1. free delivery from CHF. 30.00 order value. Shipping of all products within Switzerland is free of charge from an order value of CHF. 30.00 free of charge. → Post-Pac Economy

4.2. other shipping methods according to the offer in the online shop are available plus additional costs. Upon request, express deliveries can also be made at additional cost to the respective courier service. 3.

4.3. goods can also be collected from the Swaytronic office, but only during opening hours or by prior arrangement and appointment.

4.4. pick & drop station: Our pick & drop station is also available outside our premises. Here you can conveniently pick up orders (after receiving a pick-up invitation) and drop off accumulators for disposal.

5. Payment

5.1. all prices quoted are final prices which include the statutory value added tax of currently 7.7%. (Exceptions are B2B business with prices excluding VAT both in the online shop and on offers)

The following payment options are available:

• Credit card: The amount will be debited before the goods are dispatched. Acceptable credit cards are EC / Visa / MasterCard. (Fee: 2.5%)
• PayPal and PostFinance: plus correspondingly displayed fees of 2.49% and 1.9% respectively.
• Prepayment: The customer is obliged to pay the purchase price immediately after conclusion of the contract by bank transfer to our account.
• When paying in advance, you will receive an e-mail from us with the exact invoice details. Therefore, please be sure to enter your e-mail address and/or your telephone number in the order form so that we can contact you. Please state your name and the invoice number as the purpose of your transfer so that we can allocate your payment to the order.
• Invoice: The customer is obliged to pay the invoice amount within 10 days after receipt of the goods. For new customers (< 3 orders), payment by invoice is only accepted up to a maximum amount of CHF 500.
• For business partners as well as trading partners, conditions deviating from the GTC can be agreed. 2.

5.2. in the case of bank transfers, all possible charges shall be borne by the buyer. A payment shall only be deemed to have been made when we can dispose of the amount. The delivered goods remain our property until full payment has been made. If the agreed payment deadlines are exceeded, we will charge reminder and processing fees amounting to 10% of the amount owed. From the beginning of the delay in payment, Swaytronic is entitled to withdraw from the contract at any time and to reclaim the delivered goods. We reserve the right to withhold further deliveries in this case.

6. Right of return

6.1. unused items can be returned in their undamaged original packaging within 6 days after delivery. In this case, the buyer bears the shipping costs. Please contact us before returning an item so that we can handle the return for you. Use our address below for your shipments. Items that have been specially made or altered for you cannot be returned. We reserve the right to charge a return fee which we will deduct from the credit note.

7. Safety regulations for lithium polymer (LiPo) batteries

7.1. the instructions in the document "Safety and Performance in Handling Lithium Polymer Batteries" form an integral part of the General Terms and Conditions and can be found at https://www.swaytronic.ch/UEber-Uns/AGB/eingesehen.

8. Inspection obligation

8.1. the customer must immediately inspect collected or delivered products for correctness, completeness and delivery damage. Defects, errors, delivery damage, incorrect and incomplete deliveries must be reported to Swaytronic within 7 calendar days from the time of collection or delivery. 2.

8.batteries (incl. live cables, balancers and connector systems) must also be checked for defects and damage. Furthermore, the voltage differences of the various cells must be measured directly upon receipt of the goods. The sum of the voltage differences of all cells must not exceed a total of 30mV. Any defects and deviations must be reported to Swaytronic within 7 calendar days from the date of collection or delivery.

9. Warranty for devices / models / accessories and SMART Hybrid Inverters. 1:

9.1. the warranty in accordance with the following provisions is 2 years, unless otherwise agreed in writing* - or specified in the GTC`s below. The warranty period shall commence on the date of delivery. Liability for normal wear and tear and wear parts is generally excluded.

9.2 Devices / models which are equipped with a serial number are recorded by us upon receipt and dispatch of the goods and assigned to the end customer.

Removal of the serial number (sticker/inscription) will invalidate the guarantee or warranty claim.

(*For B2B, business relations and sales channels with partners and distributors, the warranty is 1 year, or as specified in the further GTC's)

9.3) SMART-Hybrid Inverter: Swaytronic provides a voluntary manufacturer's warranty of 5 years for the product portfolio of power storage systems / stationary energy storage systems in the subcategory Hybrid SMART Inverter 3PH. 4.

9.4. should the inverter show a defect during the agreed performance guarantee / factory warranty period, one of the following options will be chosen at SWAYTRONIC's discretion, unless this is impossible or disproportionate:

• Repair at the service centre (bring in)
• Repair of the unit on site
• Exchange for a replacement unit of equal value in terms of model and age

In the latter case, the remaining warranty claim will be transferred to the replacement device and your claim will be documented at Swaytronic.

10. Warranty for accumulators of all kinds (Unless otherwise stated!)

10.1. wear parts such as accumulators and batteries are excluded by Swaytronic from the guarantee resp. warranty.

10.2. within the first 3 months from the time of collection or delivery, Swaytronic may, at its own discretion, provide a voluntary warranty as a gesture of goodwill. However, this requires compliance with the safety regulations according to Article 7. Furthermore, an inspection of the damage at our premises is mandatory. A warranty claim cannot be decided on the basis of pictures or other data.

10.3 Accumulators which are equipped with a serial number are recorded by us upon receipt and dispatch of the goods and assigned to the end customer or the partner / distributor.

Removal of the serial number (sticker/inscription) will invalidate the guarantee or warranty! 

11. Warranty for LiFePO4 storage batteries

11.1. mobile energy storage:

Swaytronic assumes a voluntary manufacturer's warranty of 5 years for the storage battery product portfolio.

11.2. electricity storage / stationary storage:

Swaytronic assumes a voluntary manufacturer's warranty of 20 years for the product portfolio electricity storage systems / stationary energy storage systems in accordance with Appendix 1.

11.3. models or accumulators which are equipped with a serial number will be recorded by us at goods receipt and goods issue and assigned to the end customer.

Removal of the serial number (sticker/inscription) will invalidate the guarantee or warranty!
Please observe the general provisions regarding repair / replacement exclusion of the guarantee or warranty in Appendix 1.

11.4 General information on our manufacturer's guarantee / warranty:

The period for calculating the guarantee or warranty period starts from the date of purchase. The warranty period shall not be extended in the event of the provision or granting of services under this warranty, in particular not in the event of replacement or repair.

The choice of replacement, repair or reimbursement of costs is at the discretion of Swaytronic (Schweiz) AG.

Further claims, in particular for compensation of direct or indirect damage caused by the defect of the device, the costs incurred by the removal and installation or the loss of profit, are excluded.

11.5 Repair/ Conditions Replacement:

Should the battery become defective during the agreed performance guarantee / factory warranty period, one of the following options will be chosen at SWAYTRONIC's discretion, unless this is impossible or disproportionate:

- Repair at the service centre (bring in)

- Repair of the battery on site

- Exchange for a replacement unit of equal value in terms of model and age

In the latter case, the remaining warranty claim will be transferred to the replacement device and your claim will be documented at Swaytronic.

11.6 Exclusion:

Not covered by the warranty are damages, defects and malfunctions caused by:

a) Force majeure. (e.g. lightning, overvoltage, storm, flood, fire)
b) Normal wear and tear.
c) Mechanical impact or force such as transport damage, falling, deformation.
d) Improper, abusive or negligent handling or use.
e) Faulty installation or commissioning.
f) Malfunction of other connected devices.
g) Failure to observe safety precautionsFailure to observe safety precautions.
h) Independent modifications, programming or repairs.
i) Non-intended use in accordance with the operating instructions or otherwise improper handling of the battery, the cells or the battery pack.
j) Inadequate ventilation of the device / battery pack.

12. Warranty Solar Panel / Mobile Energy

12.swaytronic provides a voluntary manufacturer's warranty of 2 or a maximum of 5 years* for the solar panel product portfolio with exceptions. The effective warranty period can be found on the respective product. Swaytronic (Schweiz) AG decides whether the product will be replaced, repaired or the costs reimbursed.

*More detailed information and allocations can be found in the corresponding data sheets / product specifications.

Further claims, in particular for compensation of direct or indirect damages caused by the defect of the device, the costs incurred by the removal and installation or the loss of profit, are excluded.

12.2 Models which are equipped with a serial number are recorded by us upon receipt and dispatch of the goods and assigned to the end customer.

Removal of the serial number (sticker/inscription) will invalidate the warranty.

12.3 Mounting of flexible solar panels and ABS solar mounting systems
Swaytronic offers tested and verified adhesive sets for bonding flexible solar panels and ABS solar mounting systems. 

SWAYTRONIC Adhesive Set-Solar V1 Article no. 7640370541517 
SWAYTRONIC Adhesive Set-Solar V2 Article no. 7640370541524

Damage and consequences due to incorrect bonding and mounting procedures, as well as due to the use of materials not verified by Swaytronic - are generally excluded from any warranty and compensation claims.

12.4 Exclusion:

Not covered by the warranty are damages, defects and malfunctions caused by:

a) force majeure (e.g. lightning, overvoltage, thunderstorm, flood, fire)
b) normal wear and tear
c) mechanical impact or force such as transport damage, falling, deformation,
d) improper, abusive or negligent handling or use,
e) faulty installation or commissioning
f) malfunction of other connected devices,
g) non-observance of safety precautions,
h) Independent modifications, programming or repairs,
i) use not in accordance with the operating instructions or otherwise improper handling of the goods. 

Furthermore, normal wear and tear or other defects do not affect the basic functioning of the product.
External scratches, stains or natural mechanical wear and tear do not constitute a defect of the product.

13. Limitation of liability

•  Swaytronic (Schweiz) AG accepts no liability whatsoever for loss, damage or costs arising from or in any way connected with use and operation. Any liability for damages and consequential damages is excluded, since proper handling, assembly and operation cannot be supervised.
• Unless otherwise stated below, any further claims by the customer, irrespective of the legal grounds, are excluded. The online shop is therefore not liable for damages that have not occurred to the delivery item itself; in particular, Swaytronic is not liable for the customer's loss of profit or other financial losses. Insofar as the contractual liability of the online shop is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. 
• Insofar as the Online Shop negligently breaches a material contractual obligation, the obligation to pay compensation for material damage shall be limited to the typically occurring damage.
• If the supplementary performance is carried out by way of a replacement delivery, the customer shall be obliged to return the goods first delivered to the online shop within 30 days at the latter's expense.
• The defective goods must be returned in accordance with the statutory provisions. The Online Shop reserves the right to claim damages under the legally regulated conditions.
• The period of limitation is two years. The period begins with the delivery of the item.
• State and local laws and regulations sometimes provide for monetary compensation for the power connection of the product (including breach of implied conditions and warranties).
• The Company hereby declares that the liability and warranty guarantees are limited to the functions of the product and that liability beyond these is generally excluded.

14. Data protection

• The data you provide will only be used by us to process your orders. All your data will be treated as strictly confidential. We only pass on data to third parties (e.g. shipping services) if this is necessary for order processing. The order data is transmitted in an encrypted and secured form, but we accept no liability for data security during these transmissions via the Internet (e.g. due to technical faults on the part of the provider) or for any criminal access by third parties to files on our Internet site. Access data for the customer login that are transmitted to the customer at the customer's request are to be treated as strictly confidential by the customer, as we do not assume any responsibility for the use and application of this data.

15. Copyright

• All third-party logos, images and graphics displayed are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.

16. Other

• We have no influence if articles are taken out of the programme by our suppliers and are therefore no longer available or have been changed in type and design. Should we be offered a replacement article by the supplier, we will inform you of this. A claim for damages due to articles that are no longer available cannot be asserted against us. We reserve the right to make price changes to individual items.

17. Validity of the GTC

• By placing an order, the General Terms and Conditions of the online shop www.swaytronic.ch including Appendix 1 are accepted. Should any provision of these General Terms and Conditions be invalid, for whatever reason, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation. Unless otherwise provided by law, the place of performance and jurisdiction is Lenzburg and Swiss law is the only applicable law.

Appendix_1 Power Storage Systems of the General Terms and Conditions (GTC)