T&Cs (Terms & Conditions)

General Terms and Conditions (T&Cs)

General Terms and Conditions (hereinafter referred to as T&Cs) of Nutrimentum Deluxe GmbH with affiliated sales platforms.

1. General and scope of application
These General Terms and Conditions (hereinafter referred to as T&Cs) govern all relations between Nutrimentum Deluxe GmbH (hereinafter referred to as the supplier or the supplier) and its sales platforms and the buyers (hereinafter referred to as the purchaser) of these products.

These terms and conditions apply to all offers, products and services of the provider. The T&Cs are an integral part of all contractual relationships between the supplier and the buyers, unless otherwise agreed in written form. Unless otherwise agreed or listed in these T&Cs, the provisions on simple orders (Art. 394 et seq. OR, Swiss law) shall apply without exception.

The provider reserves the right to change these terms and conditions at any time. The version valid at the time of the legal transaction shall be deemed authoritative and cannot be unilaterally changed for this legal transaction.

2. Terms of use
2.1. Online use
The buyer has the possibility to open a customer account on the sales platforms of the supplier in order to simplify order processes. For this use, the customer must provide his first name, surname, address and a valid e-mail address. These details must be correct and complete.

Username and password are freely selectable (if not already assigned by someone else) and can be changed at any time. The buyer is obliged to manage all access data with necessary care and to protect them from unauthorised access. The provider declines any responsibility for changes made by the buyer or third parties in the user account.

3. Annually subscription
3.1. Conclusion and duration of contract
The contract is concluded by accepting the T&Cs and by sending the subscription order. The buyer has no right to conclude a contract. The subscription contract is concluded for one year at a time (365 calendar days) and is automatically renewed after one year for a further year without notification of the purchaser needed.

3.2. Termination of contract
The subscription contract can be terminated at the end of each month with a period of notice of 60 days. Notice of termination must be given in written form (by e-mail or letter mail). The provider reserves the right to send and charge for the items still due in the period of notice in due time. It is not possible to return these items (unless they apply for the framework of the provisions of the right of return in these T&Cs).

If the subscription is cancelled upon annual payment, the products not delivered will be refunded pro rata according to the subscription.

3.3. Prices and terms of payment, start of delivery
Valid is the feed quantity and the subscription price stated at the time of conclusion of the contract. The prices are communicated to the user before the binding purchase of the subscription and can be viewed on the website of the provider. The provides has the right to change prices (within and outside of a current subscription) and these changes take effect for all buyers simultaneously. Buyers affected by such price changes will be informed by e-mail within a reasonable period of time.

During the ordering process the buyer can choose between annual invoice and invoice per delivery.

3.3.1. Monthly bill
Payment for the first partial delivery is made in advance in form of an invoice (payable within 30 days). The term of the subscription begins with the first payment. Subsequent partial deliveries include the respective invoice (payable within 30 days). Unless otherwise agreed, delivery of the ordered products shall begin on the next possible delivery date.

The supplier reserves the right to withhold due deliveries in case of outstanding payments by the buyer. If the buyer is in default, the regulations according to OR of the Swiss law apply.

3.3.2. Financial statements
The subscription is paid in advance in form of an invoice (payable within 30 days). The subscription period begins with the payment. Unless otherwise agreed, delivery of the ordered products begin on the next possible delivery date.

The supplier reserves the right to withhold due deliveries in case of outstanding payments by the buyer. If the buyer is in default, the regulations according to OR of the Swiss law apply.

3.4. Costs
All prices are quoted in Swiss Francs (CHF) including the legally owed Swiss value added tax.

For deliveries to countries outside of Switzerland, all prices are exclusive of value added tax. Any additional costs for customs, taxes and processing fees will be fully charged to the buyer. Customs clearance and taxation of the goods at the place of destination is in the responsibility of the buyer or recipient for all orders placed. The buyer is the declarant and debtor for any import duties, insofar as these are levied.

The prices published as subscription prices represent final prices and include all taxes, costs for packaging and postage.

4. Single orders
4.1. Contract and delivery terms
Contracts are concluded exclusively in German or English. Via the distribution platforms, we conclude contracts in the languages offered by the respective distribution platform. Third party partners are indicated as such on the website.

The contract is concluded by accepting the general terms and conditions and by sending the order. Through the payment method “cash in advance” the order remains binding, but only reserved. The supplier reserves the right to cancel the order within seven working days if no payment is received. The supplier reserves the right to withhold due deliveries in case of outstanding payments by the buyer.

4.2. Costs, terms of payment and start of delivery
The prices are communicated to the user in the shopping cart before the binding purchase and can be called up on the website of the provider. Prices are subject to change and are effective for all buyers at the same time.

Payments can be made by cash in advance, credit card, TWINT and Postcard. The provider reserves the right to refer to the website or to prescribe other methods of payment for orders placed by telephone, e-mail or other means. All costs incurred due to bank transfers from foreign accounts will be charged in fully to the buyer.

The delivery of the ordered products starts upon receipt of payment, unless otherwise agreed, the next possible delivery date.

If the supplier grants individual buyers a payment on account, a payment period of 30 days applies. If the buyer is in default, the regulations according to the OR of the Swiss Law apply, if not deviating from these T&Cs.

The published prices are final prices and include all taxes, costs for packaging and postage. The only exception to this is the minimum quantity surcharge (CHF 7.-) for orders of less than three products. The supplier reserves the right to change the prices of the products and the price of the minimum quantity surcharge at any time. The price published at the time of the legal transaction are decisive.

4.3. Availability and delivery time
The provider attaches great importance to complete and fast shipping. Due to production or delivery pinch points, however, delays may occur. Therefore, all information regarding availability and delivery time is subject to change at any time.

In the event of a delay in delivery, the buyer has the right to withdraw from the contract as of the 30th calendar day from the date on which the sales contract was concluded. In this case, the supplier has to refund any amounts paid in advance. Any further claims against the provider will be rejected. Excluded from this withdrawal from the contract are orders with longer delivery periods defined between the supplier and the customer.

4.4. VAT and customs duties
All prices are quoted in Swiss Francs (CHF) including the legally owed Swiss value added tax.

For deliveries to countries outside of Switzerland, all prices are exclusive of value added tax. Any additional costs for customs, taxes and processing fees will be charged to the buyer in full. Customs clearance and taxation of the goods at the place of destination is the sole responsibility of the buyer or recipient for all orders placed. The buyer is the declarant and debtor for any import duties, insofar as these are levied.

5. Right of return
Deliveries are to be checked for defects, delivery damage and incompleteness upon receipt of the goods and notify the supplier of it within five calendar days from the date of delivery. Such notification must be made in writing. A product will only be taken back by the supplier if the purchaser is not responsible for the damage and if the product is returned in unopened original packaging and in accordance with the instructions given in writing.

Postage costs for returns will be paid by the provider. Any further costs and consequential costs are applied fully to the buyer.

Returns that cannot be allocated or returned to the customer will be kept for one month and then be disposed of.

Product quality defects that occur within the minimum durability period printed on the package will be replaced by the supplier. Claims for further damages will be rejected.

6. Promotions, credits and promotion codes
Promotional codes may have a certain period of validity, restrictions on products to which the codes can be applied, a minimum of order value for them to be applied etc. These restrictions are binding. Promotion codes cannot be used to purchase gift credits (nor can gift credits be used to purchase gift credits). Promotional codes, gift credits or other credits and discounts will not be paid out, refunded or be paid interest on. Subsequent crediting is also excluded. Combinations and cumulations are only permitted if indicated accordingly. Any differences in a purchase with discounts can be settled by the usual payment methods.

7. Retention of title
Ordered and delivered products remain the property of the supplier until full payment has been received. The supplier is entitled to make a corresponding entry in the retention of the title register. Before transfer of ownership, transfer by way of security, processing or redesign is not permitted without the express consent of the provider.

8. Data protection
The data protection declaration applies to the processing of personal data by the provider.

9. Partial invalidity of the T&Cs
Should individual provisions of these T&Cs be invalid or void, it will not affect the validity of the remaining provisions and of the T&Cs as a whole.

10. Intellectual property rights
All design elements used in and on the products (layout, brands, logos) are the property of the provider or its licensors. The provider expressly reserves all rights to protect its intellectual property rights.

11. Liability and exclusion of liability
The liability is based on the applicable legal provisions. However, under no circumstances can the provider be made liable for the following cases:

  • slight negligence of the customer;
  • indirect and consequential damages, consequential damages and loss of profit;
  • unrealised savings;
  • damages from delayed delivery (or deliveries);
  • acts and omissions of the provider, whether contractual or non-contractual;
  • improper, non-contractual or illegal storage, discontinuation or use of the products
  • force majeure, in particular damage caused by natural forces, moisture, fall and impact etc., which are not the fault of the supplier;
  • official orders.

12. Applicable law and place of jurisdiction
Swiss law applies to all sales contracts and other transactions with Nutrimentum Deluxe GmbH and its distribution platforms. The place of jurisdiction is CH-8424 Embrach, where the registered office of Nutrimentum Deluxe GmbH is located.

 
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