Conditions
SCOPE
The general terms and conditions of BergBlüten AG are described below.
For the use of this website and the business relationships between BergBlüten AG, Kantonsstrasse 99, 3952 Susten, hereinafter referred to as BergBlüten, and its customers, the following General Terms and Conditions (GTC) apply in the currently available and valid version when the website is accessed or when goods are ordered.
By purchasing products from the BergBlüten AG web shop, you confirm that you have read our terms and conditions and that you agree to them.
Any natural or legal person who maintains a business relationship with BergBlüten is referred to as a customer. The terms and conditions, the delivery and payment conditions as well as the data protection regulations can be adjusted from time to time. BergBlüten asks you to read these provisions carefully each time you visit the website and each time you order goods.
These terms and conditions apply exclusively. Conditions that conflict with, supplement or deviate from these General Terms and Conditions require the express written confirmation of BergBlüten in order to be valid. When using this website or when ordering goods, the customer confirms that they fully accept these General Terms and Conditions, including the terms of delivery and payment.
Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.
The operator of this website is BergBlüten AG ( imprint ) .
LEGAL FRAMEWORK
BergBlüten AG products can be traded legally in Switzerland and are not subject to the Narcotics Act (BetmG). However, due to the constantly changing legal situation in this area, it is impossible for us to be informed at all times about the legal status of our products in other countries. Therefore, we cannot provide any information about the legal status of our products that relate to countries outside of Switzerland.
You therefore also accept the personal responsibility of having informed yourself about the legal status that applies in your country before ordering our products and confirm by placing an order that
- that you have reached the age of 18
- that the importation and possession of our products is legal in your country.
With an order in the online shop, you assume full responsibility with regard to the legality of the products that we will send to you as a result of the order.
INFORMATION ON THIS WEBSITE
BergBlüten contains information about products and services. We reserve the right to make price and assortment changes as well as technical changes. All information on bergblueten.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. mountain flowers makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clear, but BergBlüten make no warranties, either express or implied.
All offers on this website are subject to change and are not to be understood as a binding offer.
BergBlüten cannot guarantee that the products listed are available at the time the order is placed. Therefore, all information on availability and delivery times is not guaranteed and can change at any time and without notice.
Further information on the disclaimer can be found below the imprint .
PRICES
Unless otherwise noted, the prices quoted by BergBlüten include the statutory value-added tax.
Unless otherwise provided, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the ordering process.
We reserve the right to make technical changes, errors and misprints. In particular, BergBlüten can make price changes at any time and without prior notice. The sales prices do not include any consulting and support services.
CONCLUSION OF CONTRACT
The offers on this website represent a non-binding invitation to the customer to order products and/or services from BergBlüten. With the order via this website, including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. BergBlüten then sends an automatic "order confirmation" by email, which confirms that BergBlüten has received the customer's offer. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as BergBlüten sends a declaration of acceptance by email, in which receipt of the ordered products or services is confirmed.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available. If, after conclusion of the contract, the ordered goods cannot be delivered or cannot be delivered in full, BergBlüten is entitled to withdraw from the entire contract or part of it. If the customer's payment has already been received by BergBlüten, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay. BergBlüten is not obliged to make a replacement delivery in the event of a contract termination.
PAYMENT OPTIONS AND RESERVATION OF TITLE
The payment options specified in the ordering process are available to the customer.
BergBlüten is the direct contact for billing and payment questions for customers who shop in the online shop.
As part of the collection of purchase prices, BergBlüten can work with external debt collection companies or specialized service providers and assign claims against customers to financial/collection service providers. In addition, customer data can be forwarded to financial/collection service providers as part of this cooperation.
BergBlüten reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment. If payment is made in advance, the amount must be transferred within 15 working days.
If the customer is in default of payment, BergBlüten can charge default interest of 5% per year and a reminder fee of a maximum of CHF 20 per reminder. If enforcement occurs, the customer will be charged a processing fee of CHF 80.
The products delivered to the customer remain the property of BergBlüten until full payment has been made.
DELIVERY, INSPECTION, NOTIFICATIONS AND RETURNS
Deliveries are sent by post or courier to the address indicated by the customer in the order. Invoicing takes place by e-mail or by post. With the shipment, benefit and risk are transferred to the customer, insofar as this is legally permissible.
The items offered are usually completely in stock.
We ship within 5 working days if the goods are in stock. If an item is not in stock at short notice, you will be contacted by us and continuously informed about the status of the order.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, BergBlüten can terminate the contract after informing the customer of a complaint by e-mail or post and setting a reasonable period of time and can invoice the costs for the activities.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects within 3 days, for which BergBlüten guarantees, immediately in writing by letter or e-mail to the address for returns in the imprint. If the customer is dissatisfied with the ordered product in terms of appearance, quality and the effect of the product, this is not considered a defect and cannot be returned by the customer. Any claims for damages arising from this on the part of the customer are void.
Returns to BergBlüten are at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given by BergBlüten in the imprint.
If the inspection by BergBlüten reveals that the goods do not have any detectable defects, in particular defects in the appearance, effect, condition or effect of the product, or if these are not covered by the manufacturer's guarantee, BergBlüten may undertake the activities, return the goods or dispose of them if necessary bill the customer.
RIGHT OF WITHDRAWAL
The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by e-mail or letter to BergBlüten within the deadline. The revocation does not require justification.
Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 5 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address given by BergBlüten in the imprint. Returns to BergBlüten are at the expense and risk of the customer. Any payment already made will be refunded to the customer within 60 calendar days if BergBlüten has already received the goods back or the customer can provide proof of shipment.
BergBlüten reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the loss in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
- In the event that the contract has an element of chance, namely because the price is subject to fluctuations over which the provider has no control;
- The subject of the contract is a moveable item which, due to its nature, is not suitable for return or which can spoil quickly;
- The contract relates to a movable item that is made to the consumer's specifications or is clearly tailored to personal needs;
- In the areas of accommodation, transportation, delivery of food and beverages and leisure activities, if the provider undertakes, when concluding the contract, to provide the services at a specific time or within a specified period of time;
- Our contract relates to digital content and this content is not made available on a hard disk or if the contract is to be performed in full by both contracting parties immediately;
- If the contract relates to a service and the contract is to be fully performed by the provider with the prior express consent of the consumer before the withdrawal period has expired;
- If the ordered product contains CBD. If CBD is ordered, there is no right of withdrawal;
WARRANTY
BergBlüten endeavors to deliver goods of impeccable quality. Since BergBlüten mainly ships CBD, the statutory warranty period of usually two years from the delivery date does not apply to the warranty for freedom from defects and functionality of the item purchased by the customer. It is at the discretion of BergBlüten to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, CBD, etc.) is waived.
It is not possible for BergBlüten to provide any assurances or guarantees that the data is up-to-date, complete or correct, or that the website, its functions, integrated hyperlinks and other content will be available at all times or without interruption. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties that are not owned by BergBlüten.
LIABILITY
BergBlüten excludes any liability, regardless of its legal basis, as well as claims for damages against BergBlüten and any auxiliary persons and vicarious agents. In particular, BergBlüten is not liable for indirect damage and consequential damage, damage to health, loss of profit or other personal injury, property damage and pure financial loss of the customer. A further mandatory statutory liability remains reserved, for example for gross negligence or illegal intent.
BergBlüten only uses hyperlinks to make it easier for the customer to access other websites. BergBlüten can neither know the content of these websites in detail, nor assume liability or any other responsibility for the content of these websites. Further information on the disclaimer can be found below the imprint .
DATA PROTECTION
BergBlüten may process and use the data recorded during the conclusion of the contract to fulfill the obligations arising from the purchase contract and use it internally for marketing purposes (sending e-mails about campaigns, etc.). The data required for the performance of the service can also be passed on to commissioned service partners (logistics partners such as the post office, etc.).
The other data protection regulations can be accessed under the following link: Data protection
FURTHER INSTRUCTIONS
BergBlüten expressly reserves the right to change these General Terms and Conditions at any time and to put them into effect without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Leuk-Susten (VS), unless the law provides for mandatory places of jurisdiction.
CONTACT
If you have any questions about these terms and conditions, please contact:
BergBlüten AG
Kantonsstrasse 99
3952 susten
08/02/2022