General terms and conditions
GTC
1. scope of application
These General Terms and Conditions ("GTC") apply to the entire business of Holistic Botanicals GmbH ("Company").
The Company sells natural cosmetic products, nutritional supplements, flower essences, teas and other merchandise for daily use.
The Company also offers services such as workshops, courses, meetings and events.
2 Conclusion of contract
The conclusion of the contract is effected by the acceptance by the customer of the Company's offer concerning the purchase of products and/or services.
The contract is concluded in any case when the Client uses the services offered by the Company and / or orders products via the Company's online shop or buys them directly.
3. prices
Unless otherwise offered, all prices are in Swiss francs (CHF).
All prices are inclusive of any applicable value added tax (VAT).
Prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.
The amount of the shipping costs will be determined on the basis of the mass and weight of the delivery and the delivery area.
weight of the delivery and depending on the delivery area and will be displayed during the order process.
For an order amount of CHF 120.00 or more and a delivery location within Switzerland, the shipping costs are waived for standard shipping.
For an order amount of CHF 150.00 or more and a delivery location within Switzerland, the shipping costs are waived for express delivery with Post Pac Priority (Mon-Fri).
Express deliveries are handed over to Swiss Post on the same day if the order is placed before 14.00, and on the next day if the order is placed later. Post Pac Priority guarantees delivery on the next working day from Monday to Friday.
The prices in force on the Company's website and according to the Company's price list at the time of conclusion of the contract shall apply. The Company reserves the right to change prices at any time.
4. products
The Company is careful to provide accurate product information. As some products are natural products, the colour or consistency may vary or differ slightly from an illustration. However, these variations do not affect the quality of the product.
The customer is advised to consult the specific information (on ingredients, etc.) on the product packaging and / or the packaging insert in each case before use.
5. payment
The Company offers the Customer the following payment options: Credit Card, TWINT and PayPal.
Offsetting the invoiced amount against any claim the Customer may have against the Company is not permitted.
The Company shall have the right to refuse delivery or service provision in the event of late payment.
6. obligations of the company
6.1 Delivery / Delivery Dates
Delivery shall be made within 3 (three) working days after receipt of the order. If timely delivery is not possible, the Company shall inform the Customer within 2 (two) working days after receipt of the order and the new delivery date shall be communicated. Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall fulfil by handing over the ordered products to the agreed carrier. If no carrier is agreed, the Company shall be free to choose a carrier.
The agreed delivery costs may not be increased by the choice of forwarder.
6.2 Provision of services
Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the registered office of the Company.
6.3 Auxiliaries
The parties have the express right to call in auxiliary persons to perform their duties under the contract. They shall ensure that the auxiliary personnel are engaged in compliance with all mandatory statutory provisions and any collective labour agreements.
7. retention of title
The goods shall remain the property of the Company until payment has been made in full.
8. obligations of the client
The client is obliged to make all arrangements necessary for the provision of the service by the company without delay. The Customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of appropriate information and documentation to the Company.
Agreed dates for consultations, workshops, meetings and events are binding. In the case of agreed appointments for the provision of the contractual service, a cancellation up to one week (seven days) before the appointment is free of charge.
9. revocation
9.1 Exercise
As a consumer, the customer has the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party named by you, who is not the carrier, last took possession of the goods.
In order to exercise the right of withdrawal, the Company must inform you by means of a clear statement (for example, a letter sent by post, fax or e-mail) of your decision to withdraw from this contract within the period to:
contact@lipintimatecare.ch or hallo@holisticbotanicals.ch
9.2 Exceptions to the right of withdrawal
The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded.
Contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene if they have been opened or used after delivery.
10 Exchange
The customer is entitled to exchange products within 10 (ten) days of receipt. However, the products must be in their original packaging and unopened. The customer shall bear the costs of the return and exchange.
Foodstuffs as well as teas and perishable goods cannot be exchanged.
11. warranty
11.1. For the sale of goods and products
The Company warrants that the product conforms to the product specifications.
The Company warrants that products are free from defects for a maximum period of two years from delivery of the goods / products.
Any defect (e.g. due to transport damage) must be reported to the Company immediately, but no later than 2 days after delivery. The Company shall be entitled to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs for third-party repairs is excluded. During the time of repair, the customer has no claim to a replacement product. The warranty shall start anew for the repaired element, for the remaining elements of the product the original warranty period shall continue.
11.2. In the case of the provision of services
The Company warrants to perform the agreed services in accordance with the quality customary in the industry.
12. liability
Liability for any indirect damage and consequential damage is excluded in its entirety. Liability for direct damage is limited to the sales price of the product/service.
This limitation of liability does not apply to direct damage caused by gross negligence or intent. The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is excluded in its entirety.
13. intellectual property rights
The Company is entitled to all rights to the products, services and any trademarks or is authorised to use them by the owner.
Neither these General Terms and Conditions nor any individual agreements pertaining thereto involve the transfer of any intellectual property rights, unless this is explicitly stated. Furthermore, any further use, publication and making available of information, images, texts or anything else which the client receives in connection with these provisions is prohibited, unless it is explicitly approved by the company. If the Customer uses contents, texts or pictorial material in connection with the Company in which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed.
14 Data Protection
The Company may process and use the data recorded in connection with the conclusion of the contract for the purpose of fulfilling its obligations under the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The client agrees to the storage and contractual use of his data by the
The Client fully agrees to the storage and use of his data by the Company in accordance with the contract and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of the service may also be disclosed to commissioned service partners or other third parties. Furthermore, the data protection regulations shall apply.
15. amendments
These General Terms and Conditions may be amended by the Company at any time. The new version shall come into force 30 (thirty) days after the Company has posted it on the website (www.lunear.com).
In principle, the version of the General Terms and Conditions in force at the time of the
in force at the time of the conclusion of the contract. Unless the customer has agreed to a newer version of the GTC.
16 Priority
These GTC take precedence over all older provisions and contracts. Only provisions of individual contracts which further specify the provisions of these GTC shall take precedence over these GTC.
17 Severability clause
Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision.
The same shall apply to any loopholes in the contract.
18 Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
19 Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be suspended from the performance of the obligations concerned for the duration of the force majeure and for a reasonable start-up period after its end.
the end of the force majeure, the company shall be released from the performance of the obligations concerned. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Client in full for any payments already made. Any further claims, in particular claims for damages as a result of vis major are excluded.
20 Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory legal provisions prevail, the court at the registered office of the company shall have jurisdiction. The Company shall be free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.
16 Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which further specify the provisions of these GTCs shall take precedence over these GTCs.
17 Severability clause
Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision.
The same shall apply to any loopholes in the contract.
18 Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
19 Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be suspended from the performance of the obligations concerned for the duration of the force majeure and for a reasonable start-up period after its end.
the end of the force majeure, the company shall be released from the performance of the obligations concerned. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Client in full for any payments already made. Any further claims, in particular claims for damages as a result of vis major are excluded.
20 Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory legal provisions prevail, the court at the registered office of the company shall have jurisdiction. The Company shall be free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.