Terms of service

 

 

GENERAL TERMS AND CONDITIONS
valid for Switzerland and the Principality of Liechtenstein

1. Applicable areas of the GTC and contract conclusion

These General Terms and Conditions (hereinafter referred to as « GTC ») apply to all contracts concluded by Plantanic GmbH with persons or companies with residence or domicile or address in Switzerland or the Principality of Liechtenstein (hereinafter « CUSTOMER »). By placing an order with Plantanic GmbH, the CUSTOMER accepts the present GTC.
 
All deliveries, supplies, services, offers etc. of Plantanic GmbH are exclusively done and performed in accordance with the GTC. The GTC are valid in the current version at the moment of the conclusion of the contract. Plantanic GmbH reserves the right to change the GTC at any time.
 
With the completion of an order the GTC are considered read and accepted.
 
2. Offer and contract conclusion

The offers of Plantanic GmbH are subject to alteration and non-binding.

Orders can be placed and processed via the web shop.

The order is binding for the CUSTOMER. The CUSTOMER is responsible for the web shop order and the order is processed as it is received by Plantanic GmbH without any further consultation with the CUSTOMER.

Plantanic GmbH is entitled to refuse the processing of an order at any time without giving reasons. In this case, Plantanic GmbH informs the CUSTOMER. The sales contract is only concluded if Plantanic GmbH ships the ordered products or confirms the order or the shipment to the CUSTOMER.

Plantanic GmbH is not liable for transmission errors or incorrect entries by the CUSTOMER. The CUSTOMER has no right to withdraw from the order in case of transmission errors or incorrect entries.

3. Prices

Sales prices are stated in CHF. VAT is included in the sales price.

Plantanic GmbH reserves the right to adjust the prices at any time. For the CUSTOMERS, the prices stated in the web shop on the order date shall apply. Errors are reserved.
 
Actions and discounts are retrievable in the web shop.

Shipping costs are included in the price.

4. Surcharge for small quantities

Up to an order amount of CHF 30.00 a CHF 9.00 surcharge for small quantities will be charged.

There is no minimum order quantity or surcharge for small quantities.

5. Delivery conditions

Plantanic GmbH only ships to delivery addresses within Switzerland or the Principality of Liechtenstein. The packaging type and carrier are defined and designated by Plantanic GmbH. The delivery takes place whenever possible with Swiss Post.

The CUSTOMER is committed to accept the goods and pay for them.

If a package cannot be delivered due to the CUSTOMERS fault, the CUSTOMER will be charged with the return shipping costs incurred by Plantanic GmbH.

6. Availability

Plantanic GmbH cannot guarantee a complete availability of the ordered products since there are dependencies on suppliers. Plantanic GmbH informs the CUSTOMER about possible unavailable and therefore not deliverable articles.

If backorders are available within 4 weeks after placing the order, they will be automatically delivered subsequently. In case of longer delivery delays the CUSTOMER will be informed as soon as the ordered product is available. In this case, a subsequent delivery will only be carried out by explicit confirmation of the CUSTOMER. If it is a partial delivery, the subsequent delivery is free of shipping costs.

7. Payment

The payment is to be made via credit card and is executed with the order on our website in the payment area. Plantanic GmbH only delivers against credit card payment.

8. Reservation of proprietary rights
 
The goods ordered by the CUSTOMER remain the property of Plantanic GmbH until complete payment of the invoice amount and all costs incurred.
 
9. Exclusion of liability and warranty

Plantanic GmbH assumes no liability for incorrect prices, texts, or illustrations, as well as delayed or omitted deliveries.

With the handover of the goods to the logistics company, Plantanic GmbH has fulfilled all obligations arising from the CUSTOMER's order. Benefit and risk in respect of the goods are transferred to the logistics company. In particular, Plantanic GmbH shall not be liable for the case that the logistics company does not directly hand over the goods to the CUSTOMER, but declares the goods as « delivered to the storage compartment » or the goods have been deposited in the absence of the CUSTOMER at the CUSTOMER's door, at a neighbor’s or similar.

If the parcel arrives damaged at the CUSTOMER's premises, the CUSTOMER is obliged to complain about the damage directly to the logistics company. If the damage to the products only becomes apparent after the package has been opened, the damage must also be reported immediately to the logistics company.

The CUSTOMER is committed to check the goods immediately upon receipt and to inform Plantanic GmbH in a written form about possible defects within seven days from receipt of the goods. In case of defects the CUSTOMER has only the right to claim replacement delivery or reduction of the purchase price. For all other cases, any warranty on the part of the Plantanic GmbH is excluded as far as legally permissible.

Furthermore, Plantanic GmbH assumes no warranty regarding its web shop and websites, neither for their content nor for the fact that the websites are available to the CUSTOMER or third parties.

Plantanic GmbH assumes no liability for the incorrect use of products, except for mandatory legal provisions.
 
10. Security and data protection
 
The processing of personal data is carried out in accordance with and in compliance with the applicable data protection regulations. The personal CUSTOMER data are treated strictly confidential by Plantanic GmbH.

The privacy policy is an integrated part of the GTC. By accepting the GTC, the privacy policy is also accepted by the CUSTOMER.

The CUSTOMER's personal data will be passed on to third parties exclusively to the service partners involved in the execution of the contract, e.g. the logistics company (Swiss Post) commissioned with the delivery. In such cases, the scope of the transmitted data is limited to the minimum required for the execution of the contract.

CUSTOMER payments in the Plantanic GmbH web shop are made in a protected area, in which the data is transmitted encrypted according to the security standards common at the time of the transaction. For the security of the transmitted data, the Plantanic GmbH cannot assume any liability. The security is the sole responsibility of the Payment Service Provider.
All pictures and texts used by Plantanic GmbH are protected by copyright and may only be used with the written consent of Plantanic GmbH.

11. Right of return

The CUSTOMER has a general 14-day right of withdrawal. The revocation is to be sent to Plantanic GmbH within 14 days after receipt of the goods (the date in the postmark is decisive). The goods are to be returned together with the revocation.

Plantanic GmbH will refund the payment(s) after receipt of the goods.
The returns must be sent to:

Plantanic GmbH
Reinacherstrasse 129
4053 Basel
 
The revocation is to be addressed to the same address.

The return shipping costs are borne by the CUSTOMER.

Please note that Plantanic GmbH cannot grant a right of revocation after opening sealed products as well as for certain products for reasons of health protection as well as hygienic reasons (see list below).

Plantanic GmbH also reserves the right to deduct compensation for possible damage or excessive wear of the packaging from the purchase price to be refunded.

The following products are excluded from a right of withdrawal:

•    food / beverages
•    food supplements
•    copyright protected articles (CDs, DVDs, or books after opening the        original packaging / unsealing)
•    hygienically sensitive articles
 
12. Application of law and place of jurisdiction
 
These GTC are governed by Swiss Law, in particular the provisions of the Swiss Code of Obligations (OR).

The place of jurisdiction is at the registered domicile of Plantanic GmbH:

Basel, Switzerland.