ABG
SCOPE OF APPLICATION
The general terms and conditions of BergBlüten AG are described as follows.
The use of this website as well as the business relationships between BergBlüten AG, Kanalweg 38, 8866 Ziegelbrücke (hereinafter referred to as "BergBlüten") and its customers are subject to the following general terms and conditions (AGB) in the version currently accessible and valid at the time of calling up the website or placing an order for goods.
By purchasing products from the BergBlüten AG webshop, you confirm that you have read our AGB and agree to them.
A customer is defined as any natural or legal person who maintains business relationships with BergBlüten. The AGB, delivery and payment terms, as well as the data protection provisions may be subject to changes from time to time. BergBlüten requests that you read these provisions carefully on every visit to the website and with every order for goods.
These AGB apply exclusively. Contradictory, supplementary, or deviating terms require the express written confirmation of BergBlüten to be effective. By using this website or placing an order for goods, the customer confirms that they fully acknowledge these AGB, including delivery and payment terms.
Should any individual provisions of these AGB be found to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The operator of this website is BergBlüten AG (Imprint).
LEGAL FRAMEWORK
The products of BergBlüten AG are legally tradable in Switzerland and do not fall under the Federal Act on Narcotics and Psychotropic Substances (BetmG). However, due to the constantly changing legal situation in this area, it is impossible for us to always be informed about the legal status of our products in other countries. Therefore, we cannot provide any information about the legal status of our products concerning countries outside of Switzerland.
You also accept the personal responsibility to inform yourself in advance of ordering our products about the legal status applicable in your country, and confirm with your order,
- that you have reached the age of 18
- that the import and possession of our products in your country is legal.
By ordering in the online shop, you assume full responsibility regarding the legality of the products that we will send to you as a result of the order.
INFORMATION ON THIS WEBSITE
BergBlüten provides information about products and services. Price and assortment changes as well as technical changes are reserved. All information on bergblueten.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships, and other information) are to be seen as approximate values and do not constitute assurances of properties or guarantees, unless explicitly stated otherwise. BergBlüten endeavors to provide all information and data on this website correctly, completely, current, and clearly, but can neither expressly nor implicitly guarantee this.
All offers on this website are considered non-binding and should not be seen as a binding offer.
BergBlüten cannot guarantee that the listed products will be available at the time of order. Therefore, all information related to availability and delivery times is without guarantee and can change at any time without prior notice.
Further information about the liability disclaimer can be found below the Imprint.
PRICES
The price indications from BergBlüten include, unless otherwise stated, the statutory value-added tax.
Any shipping costs will be additionally charged where not otherwise provided and are to be paid by the customer. Shipping costs are indicated separately during the order process.
Technical changes, errors, and typos are reserved, and in particular, BergBlüten can make price changes at any time and without prior notice. Advisory and support services are not included in the sales prices.
CONTRACT CONCLUSION
The offers on this website represent a non-binding invitation to the customer to order products and/or services from BergBlüten. By ordering via this website, including acceptance of these AGB, the customer makes a legally binding offer to conclude a contract. BergBlüten will then send an automatic "order confirmation" via email, confirming that the customer's offer has been received by BergBlüten. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract comes into effect as soon as BergBlüten sends an acceptance declaration via email, confirming receipt of the ordered products or services.
Orders will only be delivered after full payment has been received (exception: delivery on account) and as long as the goods are available. If, after the conclusion of the contract, it becomes evident that the ordered goods cannot be delivered or are not completely available, BergBlüten is entitled to withdraw from the entire contract or from a part of the contract. Should the customer's payment have already been received by BergBlüten, the payment will be refunded to the customer. If no payment has yet been made, the customer will be released from payment obligation. In the event of contract termination, BergBlüten is not obliged to provide a substitute delivery.
PAYMENT OPTIONS AND RETENTION OF TITLE
The customer has the payment options provided during the ordering process.
BergBlüten is the point of contact for customers who shop online regarding billing and payment queries.
In the context of collecting purchase prices, BergBlüten may work with external collection agencies or specialized service providers and transfer claims against customers to financial/recovery service providers. Additionally, in the context of this collaboration, customer data may be forwarded to financial/recovery service providers.
BergBlüten reserves the right to exclude customers from individual payment options without providing reasons or to insist on advance payment. If paid in advance, the amount must be transferred within 15 working days.
BergBlüten may charge default interest of 5% per year as well as a reminder fee of up to CHF 20.- per reminder in the event of a default of payment by the customer. In the event of a debt collection, 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, DUTY TO INSPECT, COMPLAINTS AND RETURNS
Deliveries will be sent by post or courier service to the address specified by the customer in the order. Invoicing will be done via email or by post. With the shipment, the benefits and risks are transferred to the customer, as far as legally permissible.
The offered items are usually fully in stock.
We ship within 5 working days, provided that the goods are in stock. If an item is not in stock temporarily, you will be contacted by us and continuously informed about the status of your order.
If the delivery is not deliverable or the customer refuses to accept the delivery, BergBlüten may cancel the contract after a complaint notice via email or post to the customer, setting a reasonable deadline, and charge for the incurred costs.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and promptly notify any defects in writing via a letter or email to the return address specified in the imprint within 3 days, for which BergBlüten guarantees. If the customer is dissatisfied with the ordered product regarding appearance, quality, and effect of the product, this does not constitute a defect and cannot be returned by the customer. Any compensation claims arising from this on the part of customers are void.
Returns to BergBlüten are made at the customer's expense and risk. The customer must send the goods, unopened, complete with all accessories, and together with the delivery note and a detailed description of the defects to the return address specified by BergBlüten in the imprint.
If it is determined by BergBlüten that the goods show no detectable defects, particularly defects in appearance, effect, condition, or functioning of the product, or do not fall under the manufacturer's guarantee, BergBlüten may charge the customer for the incurred expenses, return shipping, or any disposal.
RIGHT OF WITHDRAWAL
The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is met if the customer sends a written withdrawal via email or letter to BergBlüten within the period. No justification is required for the withdrawal.
Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 5 calendar days, unopened, complete with all accessories, and together with the delivery note to the return address specified by BergBlüten in the imprint. Returns to BergBlüten are made at the customer’s expense and risk. Any payment already made will be refunded to the customer within 60 calendar days, provided that BergBlüten has already received the goods back or the customer can provide proof of shipping.
BergBlüten reserves the right to request appropriate compensation for damages, excessive wear, or depreciation due to improper handling, and to deduct the depreciation from the purchase price already paid or charge it to the customer.
The right of withdrawal is not granted in the following cases:
- When the contract has an element of chance, particularly because the price is subject to fluctuations that the provider cannot influence;
- When the contract involves a movable item that, due to its nature, is not suitable for return or can spoil quickly;
- When the contract involves a movable item that is made according to the customer's specifications or tailored to personal needs;
- In the areas of accommodation, transportation, delivery of food and beverages, as well as leisure activities, if the provider is obliged to perform the services at a specific time or within a precisely stated period upon conclusion of the contract;
- When our contract concerns digital content and this content is not provided on a durable medium or when the contract is to be fulfilled fully and immediately by both parties;
- If the contract is for a service and the contract is fully performed by the provider with the prior explicit consent of the consumer before the withdrawal period has expired;
- When the ordered product contains CBD. If CBD is ordered, there is no right of withdrawal.
WARRANTY
BergBlüten strives to deliver goods of impeccable quality. Since BergBlüten primarily ships CBD, the statutory warranty period of generally two years from the date of delivery does not apply to the warranty for the freedom from defects and functionality of the items purchased by the customer. It is at the discretion of BergBlüten to perform the warranty through free repair, equivalent replacement, or a refund of the purchase price. Further claims are excluded.
Normal wear and tear, as well as damage resulting from improper treatment or damages caused by the customer or third parties, as well as defects resulting from external circumstances, are not covered by the warranty. Warranty for consumable and wear parts (e.g., batteries, accretions, CBD, etc.) is also excluded.
BergBlüten cannot guarantee the timeliness, completeness, and correctness of data or the continuous or uninterrupted availability of the website, its functionalities, embedded hyperlinks, and additional contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties not owned by BergBlüten.
LIABILITY
BergBlüten excludes all liability, regardless of its legal basis, as well as compensation claims against BergBlüten and any agents and auxiliary persons. BergBlüten is not liable, in particular, for indirect damages and consequential damages, health damages, lost profits, or other personal, material, and pure financial damages to the customer. A further mandatory legal liability remains reserved, for example in cases of gross negligence or unlawful intent.
BergBlüten uses hyperlinks solely for the customer's simplified access to other web offerings. BergBlüten cannot know the content of these web offerings in detail nor assume responsibility or liability for the content of these websites. Further information on the liability disclaimer can be found below the Imprint.
DATA PROTECTION
BergBlüten may process and utilize the data collected in the context of the conclusion of the contract to fulfill the obligations arising from the purchase contract and may use it internally for marketing purposes (sending emails regarding promotions, etc.). The data necessary for service fulfillment may also be shared with commissioned service partners (logistics partners such as post, etc.).
The other data protection provisions can be accessed at the following link: Data Protection
FURTHER PROVISIONS
BergBlüten expressly reserves the right to change these AGB at any time and implement them without prior notice. In the event of disputes, exclusively substantive Swiss law shall apply, excluding conflict of laws norms. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Law) is expressly excluded.
The place of jurisdiction is Glarus Nord (GL), as long as the law does not provide for mandatory places of jurisdiction.
CONTACT
For questions regarding these AGB, please contact:
BergBlüten AG
Kanalweg 38
8866 Ziegelbrücke
01.12.2023