§ 1 Parties to the Agreement, Scope

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1. Contracts are executed on behalf of and for the account of NLP GmbH/SwissCert (Untere Wiltisgasse 5, CH-8700 Zurich).

2. The following Terms and Conditions exclusively govern the business relationship between NLP GmbH (hereinafter referred to as "NLP") and the client (hereinafter referred to as "Client") in the version valid at the time of the order.

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§ 2 Contract Formation

1. Customers may select from various document types (certificates, diplomas, contracts, etc.) from SwissCert's range and, after uploading the desired document for certification and selecting the desired language combination consisting of "source language" and "target language," may add them to a shopping cart by clicking the "add to cart" button. For certain source languages (e.g., Ukrainian, Serbian), SwissCert may request that customers submit all names contained in the document in Latin notation before completing the order. Subsequent changes are excluded and do not constitute grounds for complaint. By clicking the "order with obligation to pay" button, customers submit a binding request to authenticate the documents collected in the shopping cart. Before submitting the order, customers may modify and review the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking the "Accept GTC" button, thereby incorporating them into their application.

2. SwissCert will then send the Client an automated confirmation of receipt via email, listing the details of the Client’s order. The automated confirmation of receipt serves solely as documentation that SwissCert has received the Client’s order. It does not constitute acceptance of the request by SwissCert. The contract is only concluded when SwissCert provides the Client with a declaration of acceptance, which is sent in a separate email (order confirmation). In this email or in a separate one, but no later than upon delivery of the certified document(s), SwissCert sends the Client the text of the contract, comprising the order, these terms and conditions, and the order confirmation, on a durable medium (email or hard copy), referred to as a confirmation of contract. The text of the contract is stored in compliance with data protection laws.

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§ 3 Delivery, Delivery Time, Availability

1. Delivery times specified by SwissCert are calculated from the time of order confirmation, subject to prior payment of the certification fee. If no different delivery time is specified for the respective certification, delivery takes 3-4 working days for email dispatch as a PDF document (Mon.-Fri.), and 5-6 working days for postal shipment (Mon.-Fri.). Customers may also opt for expedited 24-hour delivery of the digital copy.

2. If certification of a document selected by the Client is temporarily unavailable at the time of the order, SwissCert will promptly notify the Client in the order confirmation. If certification is not possible at all, SwissCert will not accept the Client’s request, and no contract will be formed.

3. If the document provided by the Client contains illegal content, SwissCert will refuse certification and will not accept the Client’s request. In such cases, no contract is formed.

4. The 24-hour express shipping applies only to the digital copy of the product.

5. The express option is available for a maximum of four pages of the products listed above. The delivery time of the original document remains unchanged (5-6 working days Mon.-Fri. by post).

6. If a product without the express option is present in the shopping cart alongside a product with the express option, this shipping method cannot be selected.

7. Express delivery occurs within 24 hours on working days (Mon.-Fri.). Orders placed on weekends/holidays will be processed by the end of the following working day.

 

§ 4 Retention of Title

Until full payment is received, the delivered certified translation remains the property of SwissCert.

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§ 5 Pricing and Shipping Costs

1. All prices listed on the SwissCert website include applicable statutory value-added tax.

2. Shipping at SwissCert is generally free of charge. Customers also have the option to select digital express delivery within 24 hours for certain product variations.

3. The certified translation is dispatched by post. SwissCert assumes all risks associated with shipping the certified translation.

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§ 6 Payment Methods

1. The Client may pay by credit card (American Express, Visa, Mastercard), PayPal, Apple Pay, or Google Pay, or may choose 'purchase on account' in cooperation with Klarna.

2. Payment by invoice is facilitated by and conducted in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. In this case, SwissCert will assign the payment claim to Klarna Bank AB (publ). Payment by invoice is subject to a positive credit check of the Client. Payment is due within 30 days from the date on which the certified translation is made available to the Client. Further information regarding the 'purchase on account' option can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/28601/de_de/invoice.

3. Payment for the certified translation costs is due immediately upon contract conclusion.

 

§ 7 Warranty

SwissCert is liable for defects in accordance with applicable legal regulations, particularly §§ 634 ff. of the German Civil Code (BGB).

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§ 8 Liability

1. Claims for damages by the Client are excluded. However, this exclusion does not apply to claims for damages by the Client arising from or in connection with injury to life, limb, or health, from the breach of material contractual obligations (cardinal obligations), or from liability for other damages resulting from intentional or grossly negligent breach of duty by SwissCert, SwissCert’s legal representatives, or agents. Material contractual obligations are those necessary to achieve the contract's objective.

2. In case of breach of a material contractual obligation, SwissCert is liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the Client’s claims for damages arise from injury to life, limb, or health.

3. The limitations of Paragraphs 1 and 2 apply equally to SwissCert’s legal representatives and agents if claims are made directly against them.

4. The liability limitations from Paragraphs 1 and 2 do not apply if SwissCert has fraudulently concealed the defect or has provided a guarantee for the item's quality. The same applies if SwissCert and the customer have made an agreement about the item's condition. Product liability law regulations remain unaffected.

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§ 9 Cancellation Policy (1)

Consumers have a statutory right of cancellation in long-distance sales transactions, as detailed in the following legal template provided by SwissCert. A sample cancellation form can be found in Paragraph 2.

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Cancellation Policy

Right of Cancellation

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the date of contract conclusion. To exercise your right of withdrawal, you must inform us, NLP GmbH, Untere Wiltisgasse 5, CH-8700 Zurich, Tel: +41 44 545 5507, Email: contact@swiss-cert.com, by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but its use 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.

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Consequences of Cancellation

If you cancel this contract, we will reimburse all payments received from you, including delivery costs (except for the additional costs arising if you chose a delivery method other than the standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we receive notification of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

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SwissCert provides the Client with a sample cancellation form as required by law:

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Sample Cancellation Form

(If you wish to cancel the contract, please complete and return this form.)

• To NLP GmbH, Untere Wiltisgasse 5, CH-8700 Zurich, Switzerland, Tel: +41 44 545 5507, Email: contact@swiss-cert.com

• I/we () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service ()

• Ordered on ()/received on ()

• Name of consumer(s)

• Address of consumer(s)

• Signature of consumer(s) (only if this form is notified on paper)

• Date

() Delete as appropriate

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§ 10 Final Provisions

1. Contracts between SwissCert and all Clients are governed by the laws of the Swiss Confederation, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions on the limitation of choice of law and the applicability of mandatory provisions, particularly in the state where the Client, as a consumer, habitually resides, remain unaffected.

2. If the Client is a merchant, a legal entity under public law, or a special fund under public law, Zurich, Switzerland, serves as the place of jurisdiction for all disputes arising out of or in connection with contractual relationships between the Client and SwissCert.

3. If individual provisions of these terms and conditions are legally invalid, this does not affect the validity of the remaining provisions. Legally mandated provisions, if any, shall replace invalid provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall then become invalid.

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§ 11 Online Dispute Resolution (ODR)

1. We do not agree to participate in any dispute resolution procedure before a consumer arbitration board.

2. The EU Commission has established an internet platform for online dispute resolution (ODR platform). This platform serves as a point of contact for out-of-court dispute resolutions regarding contractual obligations arising from or in connection with online purchase agreements. The Client may access the ODR platform using the following link: ec.europa.eu/consumers/odr/.