Scope
Our terms and conditions (this page) applies to all product and services provided by NomaStar SÀRL, including and not limited to:
- Physical and digital products
- Development, engineering and rolling out of technical solutions
- Installation, maintenance and training related to NomadStar product ecosystem
Every order or contract involving NomadStar SÀRL implies the acceptance of our terms and conditions.
Contract
A contract is agreed on once both party (NomadStar SÀRL and the customer) signed it physically or digitally. This applies to contract, orders and quotes.
After signing a contract and if modifications are needed, both party need to agree to the modifications and sign again.
Pricing and payment terms
If no other indications are provided, prices are by default in Swiss francs (CHF) and include VAT. Further costs like customs and insurances are not included in our pricing and need to be covered by the customer.
If no specific terms are mentioned, invoices have to be paid during the next 30 days after the release date mentioned on the invoice.
In case of delay related to invoice payment, additional fees can be applied.
Manufacturing and shipping
Delivery and manufacturing estimate provided during the ordering process or on our website are insights and not strict commitments.
NomadStar SÀRL is responsible and cover risks associated to manufacturing and shipping until the shipment is received by the shipping company. After that, risks are transferred to the shipping company and to our customer.
Warranty
Warranty case (RMA) have to be agreed on by contacting NomadStar SÀRL using our RMA online tool. No RMA case will be accepted if this process is not strictly followed.
In case of an agreed and confirmed RMA process, products have to be shipped back to NomadStar SÀRL complete (including every accessory received on purchase), not damaged and properly packaged to avoid further damages during shipping. NomadStar SÀRL can refuse an RMA case if those conditions are not fulfilled.
If no specific measures have been agreed on, RMA shipping costs are covered by the customer.
For physical goods, warranty extends 2 years after delivery date as mentioned in the Swiss The Code of Obligations art. 210. The warranty does not cover normal wear and tear, inappropriate use outside of the product intended use case or unauthorised intervention on the product.
For services goods, NomadStar SÀRL has an obligation of means and not of results.
Responsibilities
The customer responsibility is limited to the amount of the agreed on contract/order. Any liability for indirect or consequential damages, loss of data, loss of profits, or other intangible losses is excluded.
Intellectual property and right of use
Unless otherwise agreed in writing, all rights relating to the content, prototypes, plans, media, or solutions delivered remain the property of Nomadstar SÀRL. The customer only obtains a non-exclusive and non-transferable right of use. Any reproduction, transmission, modification, or redistribution requires the written consent of Nomadstar SÀRL.
A few exceptions apply in terms of software and community project used. This includes for example Meshtastic material and the Meshtastic firmware.
Confidentiality and Non-disclosure agreement
Confidential information exchanged between the parties may not be disclosed to third parties without agreement, except where legally required.
This obligation remains in force for 5 years after the end of the contract.
A separate NDA clause may be signed as a supplement.
Data protection and privacy policy
Our privacy policy and data protection measures are described in detail here: https://nomadstar.ch/privacy-policy/
Force Majeure
NomadStar SÀRL is not liable for any delays or inability to deliver goods or services caused by an event of force majeure (natural disaster, pandemic, war, closed borders, power outage, network failure, etc.).
Terms and conditions updates
NomadStar SÀRL can update or modify its Terms and Conditions at any time. On agreed contract or order, terms and conditions are applied in their current version at the time of the order or contract.
Applicable law and jurisdiction
Our Terms and Conditions are governed by Swiss law.
The exclusive place of jurisdiction is Fribourg CH.