Release May 2018
§1 Scope of application
(1) These general terms and conditions apply to all business relations between PhytoVero GmbH and its customers in the version valid at the time of conclusion of the contract.
(2) Our General Terms and Conditions apply exclusively. Opposing or deviating terms and conditions of the customer will not be accepted unless PhytoVero GmbH has expressly agreed to them in writing in individual cases.
§2 Conclusion of the contract
(1) The presentation of the products in the online shop is not a legally binding application, but only a non-binding online catalogue. If you merely place products in the "shopping cart", this does not constitute a binding order. You only place a binding order for the products contained in the shopping basket by clicking the "Order" button on the order page. The confirmation of the receipt of this order takes place immediately by automated e-mail and does not yet represent an acceptance of 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 an advance payment, e.g. in the case of a purchase on account, we may obtain credit information from Hostpoint Mediafinanz on the basis of mathematical-statistical procedures in order to safeguard our legitimate interests. For this purpose, we transmit the personal data required for a credit check to Hostpoint Mediafinanz and use the information received on the statistical probability of a default in payment for a balanced decision on the establishment, execution or termination of the contractual relationship. The creditworthiness information may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical procedures and which include address data, among other things, in their calculation. Your interests worthy of protection will be taken into account in accordance with the statutory provisions.
(3) The PhytoVero GmbH has the discretion to send a request for prepayment, if the individual case speaks for it, especially in those cases, in which at the time of order receipt open invoices are already in the dunning run, a negative credit rating notice is available or the order value of first orderers exceeds Fr. 150.
§3 Delivery, shipping costs
(1) PhytoVero GmbH will immediately deliver the ordered goods to the address indicated by the customer in the order. The PhytoVero GmbH is entitled to partial deliveries. For the customer there are no additional costs. The delivery takes place at the shipping costs stated in each individual case.
(2) An order (Switzerland/Lichtenstein) received by us before 4 p.m. on weekdays is packed and shipped on the same day and arrives with PostPack Priority or Economy (depending on the selected shipping method) on the next or next but one working day. An order received by us on weekdays after 4 p.m. will be packed the next working day and shipped with PostPack Priority or Economy (depending on the shipping method selected) and will arrive on the day after next or the day after next. An order received on Saturday or Sunday is packed and shipped on Monday and arrives on Tuesday or Wednesday (depending on the shipping method). EU and international deliveries are made via 'Post-Pack-International' - different delivery times are possible depending on the country and customs clearance. Please find the delivery times directly on the Swiss Post website www.post.ch .
§4 Reservation of title
(1) We reserve title to the object of sale 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 demand the return of the purchased item.
(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 payments, of course, no credit check will be carried out.
(3) In the event that a supplier of ours no longer delivers the ordered goods despite a contractual obligation and this leads to an obstacle to performance for which we are not responsible and which is not only temporary, we shall be entitled to withdraw from the contract. In the event of rescission, we will inform you immediately of the non-availability and reimburse any payments already made 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) In exceptional cases, large customer orders of CHF 500 or more can be paid with an invoice.
(3) The contract and invoice currency is CHF.
see right of withdrawal
(1) If the delivered goods are defective at the time of transfer of risk, we shall remedy the defect or provide a replacement delivery. If the repair or replacement delivery fails, you may demand a reduction in payment 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 is 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 shall remain unaffected.
§9 Applicable law and place of jurisdiction
(1) The provisions of Swiss law shall apply, even if orders are placed from abroad or deliveries are made abroad.
(2) The place of jurisdiction for all claims in connection with your order is Bern.
(3) We are also entitled to sue at your general place of jurisdiction.
(4) The invalidity of individual provisions shall not affect the remaining validity of the contract and these General Terms and Conditions.