General terms and conditions
General terms and conditions
Status May 2018
- 1 Scope
(1) These General Terms and Conditions apply to all business relations between PhytoVero GmbH and its customers in the respective version current at the time of conclusion of the contract.
(2) Our General Terms and Conditions shall apply exclusively. Any terms and conditions of the customer that conflict with or deviate from our terms and conditions will not be recognized unless PhytoVero GmbH has expressly agreed to them in writing in an individual case.
- 2 Formation of the contract
(1) The presentation of the products in the online store is not a legally binding application, but only represents a non-binding online catalog. If you merely place products in the “shopping cart”, this is not considered a binding order. You place a binding order for the products contained in the shopping cart only by clicking the “Order” button on the order page. The confirmation of receipt of this order is made immediately by automated e-mail and does not yet constitute acceptance of the contract. We can accept the contract with you either by sending a confirmation of the contract or by delivering the goods within five days.
(2) If we make advance payments, e.g. in the case of a purchase on account, we may obtain credit information from Hostpoint Mediafinanz on the basis of mathematical-statistical methods in order to protect our legitimate interests. For this purpose, we transmit the personal data required for a credit check to Hostpoint Mediafinanz and use the information received about the statistical probability of a payment default for a weighed decision about the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and include, among other things, address data. Your interests worthy of protection are taken into account in accordance with the legal provisions.
(3) It is at the discretion of PhytoVero GmbH to send a request for payment in advance if the individual case speaks in favor of this, in particular in cases in which open invoices are already in the reminder process at the time the order is received, a negative credit rating notice is available or the order value of first-time customers Fr. 150.- exceeds.
- 3 Delivery, shipping costs
(1) PhytoVero GmbH will promptly deliver the ordered goods to the address specified by the customer in the order. PhytoVero GmbH is entitled to make partial deliveries. This does not result in any additional costs for the customer. Delivery is made at the shipping costs shown in each individual case.
(2) An order (Switzerland/Lichtenstein) received by us on working days before 16.00 hrs. will be packed and shipped on the same day and will arrive with PostPack Priority or Economy (depending on the selected shipping method) on the next working day or the day after. An order received by us after 4:00 p.m. on weekdays will be packed and shipped the next business day by PostPack Priority or Economy (depending on the shipping method selected) and will arrive the day after next or the day after that. An order received on Saturday or Sunday will be packed and shipped on Monday and will arrive on Tuesday or Wednesday (depending on the shipping method). EU and foreign/world deliveries are made via ‘Post-Pack-International’ – depending on country and customs clearance different delivery times are possible. Please refer directly to the Swiss Post website www.post.ch for delivery times.
- 4 Retention of title
(1) We retain title to the purchased item until receipt of all payments under the contract. In the event of default in payment, we shall be entitled to withdraw from the contract and to reclaim the object of sale.
(2) We reserve the right to carry out a credit check even after conclusion of the contract and to withdraw from the contract if the result is negative. In the case of credit card payment, of course, no credit check is performed.
(3) In the event that a supplier of ours no longer delivers the ordered goods despite a contractual obligation and this leads to an impediment to performance that is not merely temporary and for which we are not responsible, we shall be entitled to withdraw from the contract. In the event of withdrawal, we will inform you immediately of the unavailability and reimburse any consideration already paid without delay.
- 5 Terms of payment
(1) Credit cards, Postfinance card: Eurocard/Mastercard, Visa, American Express and Postcard as well as Post e-finance.
(2) Large customer orders from 500CHF can be paid by invoice in exceptional cases.
(3) The contract and invoice currency is CHF.
- 6 Revocation
- 7 Address
(1) Business Address:
- 8 Liability
(1) If the delivered goods are defective at the time of the transfer of risk, we shall ensure that the defect is remedied or a replacement delivery is made. If the repair or replacement delivery fails, you may demand a reduction of the remuneration or, at your option, rescission of the contract.
(2) Our liability for our own fault as well as that of our legal representatives and vicarious agents shall be limited to intent and gross negligence. This does not apply to the violation of essential contractual obligations and the absence of warranted characteristics. Liability under the Product Liability Act remains unaffected.
- 9 Applicable law and place of jurisdiction
(1) The provisions of Swiss law shall apply, even if ordered from abroad or delivered abroad.
(2) The place of jurisdiction for all claims in connection with your order is Bern.
(3) We shall also be entitled to bring an action at your general place of jurisdiction.
(4) The invalidity of individual provisions shall not affect the remaining validity of the contract and these GTC.