Terms and Conditions
The German version of these Terms is the legally binding version. This translation is provided for convenience only.
1. Contracting Party and Scope
These Terms and Conditions (T&Cs) apply to all orders placed through the online shop of NOKTO Sports (owner: Jonas Schädeli, Mittlere Strasse 75B, 3600 Thun, Switzerland). By placing an order, you accept these T&Cs as binding.
The language of the contract is German. The German-language version of these T&Cs is authoritative.
2. Formation of Contract
The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to place an order. By submitting your order, you make a binding offer to purchase. The purchase contract is concluded only upon our express order confirmation by email.
We reserve the right to decline individual orders without stating reasons, in particular where there are doubts as to the customer's solvency or in the event of obvious pricing errors.
3. Prices and Payment
All prices stated are final prices inclusive of the applicable statutory value-added tax. Delivery costs are shown separately during the ordering process.
Prices for customers in Switzerland are displayed in CHF. Customers in Germany and Austria are billed in EUR. Payment is made via the payment methods offered at checkout (Visa, Mastercard, TWINT, PayPal).
Customers outside Switzerland may be subject to customs duties and import charges, which are to be borne by the customer.
4. Delivery and Delivery Times
Delivery is made to the delivery address provided during the ordering process. We deliver to Switzerland, Germany, Austria, and other European countries upon request.
As our products are individually manufactured custom-made items, the delivery time is generally 3–4 weeks after order confirmation and final design approval. This period is a guideline and may vary depending on current order volumes. We will notify you of any significant deviations.
The risk of loss passes to the customer upon handover of the goods to the carrier. You will receive a tracking email once your order has been dispatched.
5. Delay in Delivery and Force Majeure
The stated delivery period of 3–4 weeks is a guideline and is based on normal operating conditions. NOKTO Sports endeavours to meet this deadline but does not guarantee exact compliance.
NOKTO Sports is released from its delivery obligation if and to the extent that delivery is prevented or delayed by circumstances beyond our control (force majeure). These include in particular:
- Supply shortages or failure of suppliers (fabrics, materials, accessories)
- Delays in international transport or customs clearance
- Natural disasters, pandemics, epidemics
- Strikes, operational disruptions, or official orders
- Production failures at contracted manufacturers
- Armed conflicts or political unrest
In the event of such an occurrence, we will notify you without delay and provide an estimated revised delivery date. The delivery period shall be extended by the duration of the impediment plus a reasonable restart period.
If the delay extends more than 8 weeks beyond the originally communicated delivery date, either party shall have the right to withdraw from the contract. Any payments already made will in such case be refunded in full and without delay. Further claims for damages arising from delivery delays caused by force majeure are excluded.
Delivery delays caused by late design approval by the customer shall shift the delivery date accordingly and do not give rise to any claim for damages against NOKTO Sports.
6. Custom-Made and Personalised Products
All products ordered from NOKTO Sports are manufactured individually to the customer's specifications (sublimation, embroidery, heat transfer, etc.). The production process begins following the customer's express design approval.
By approving the design, the customer confirms that the design is correct and does not infringe any copyright, trademark, or other third-party rights. NOKTO Sports accepts no liability for content provided by the customer.
7. Right of Withdrawal
Pursuant to Art. 16(1)(c) of the EU Consumer Rights Directive (2011/83/EU) and Swiss contract law, there is no right of withdrawal for goods that are manufactured to the customer's specifications or clearly tailored to the customer's personal needs.
Since all NOKTO Sports products are made individually and to order, withdrawal after design approval has been given and production has commenced is excluded.
Exception: In the event of production defects or material deviations from the approved design, you are entitled to rectification or remanufacture in accordance with the warranty provisions (Section 8).
8. Warranty and Claims
For defects in delivered products, the statutory warranty period of 2 years from delivery applies in accordance with the Swiss Code of Obligations (Art. 197 et seq.).
Visible defects must be reported immediately upon receipt of the goods. Hidden defects must be reported without delay upon discovery. For complaints, please contact hello@noktosports.com with a description of the defect and photographs.
Normal signs of wear, damage caused by improper handling, and colour changes due to chemical exposure are excluded from the warranty.
9. Limitation of Liability
NOKTO Sports is liable only for damages caused by gross negligence or wilful misconduct. Any further liability, in particular for loss of profit, consequential loss or indirect damages, is excluded to the extent permitted by law.
Liability is in any case limited to the order value of the relevant contract.
10. Governing Law and Jurisdiction
Swiss law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Consumers habitually resident in an EU Member State remain protected by the mandatory consumer protection provisions of their country of residence.
The place of jurisdiction for claims against NOKTO Sports is the registered seat of the company in Switzerland.
11. Dispute Resolution
We endeavour to resolve disputes amicably. If you have a problem, please contact us directly first at hello@noktosports.com.
NOKTO Sports does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
12. Amendments to These T&Cs
NOKTO Sports reserves the right to amend these T&Cs at any time. The T&Cs in force at the time of conclusion of the contract are authoritative. Amendments will be published on the website and take effect upon publication.