GENERAL TERMS AND CONDITIONS
1 Scope of application
The General Terms and Conditions (GTC) apply to all products and services offered by SamaraNatura (BioSamara GmbH). Sale and delivery shall only take place in accordance with the GTC of SamaraNatura (BioSamara GmbH). Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised unless SamaraNatura (BioSamara GmbH) expressly agrees to their validity in writing. The current and binding version of the GTC is published at www.SamaraNatura.ch or www.SamaraNatura.com.
2 Conclusion of contract
The products, services and prices published on the homepage, in newsletters, electronic or printed catalogues of SamaraNatura (BioSamara GmbH) are deemed to be an offer. However, this offer is always subject to the resolutory condition that SamaraNatura (BioSamara GmbH) is unable to deliver or has provided an incorrect price.
The contract is concluded as soon as the customer places his order via the online shop, by telephone or e-mail. The arrival of the order in the case of an online order is indicated to the customer by means of an automatically generated order confirmation by e-mail. Receipt of the automatically generated order confirmation does not constitute a promise that the product is actually available or can be delivered. It merely indicates to the customer that the order placed has been received by SamaraNatura (BioSamara GmbH) and that the contract has been concluded, which is subject to the condition subsequent of non-delivery.
If one of the above (resolutory) conditions occurs, the contract is cancelled immediately and without the involvement of the parties. The customer shall be informed of this immediately. If the product has already been delivered, ownership shall automatically revert to SamaraNatura (BioSamara GmbH) and the customer shall be obliged to return the product (with repayment of the price paid by SamaraNatura (BioSamara GmbH)). If the product has not yet been handed over, the customer is neither obliged to pay the purchase price nor to accept it. SamaraNatura (BioSamara GmbH) is not obliged to make a replacement delivery as a result of such a cancellation of the contract.
3. prices
All prices include the statutory value added tax applicable in Switzerland (2.5% or 7.7%). No value-added tax is charged on deliveries abroad. Shipping costs are charged separately.
4. shipping costs
Shipping costs are shown in the online shop when the order is placed. The shipping costs for Switzerland and Liechtenstein in 2020 are as follows (figures are to be understood as an order of magnitude, subject to change)
PostPac Economy: Flat rate of CHF 7.00. From an order value of CHF 100.00, shipping with PostPac Economy is free of charge.
PostPac Priority: Flat rate of CHF 9. PostPac Priority shipping is free of charge for orders over CHF 200.
Shipping costs to EU countries are calculated in accordance with Swiss Post prices plus a flat-rate shipping fee and shown when the order is finalised.
5 Minimum order value
There is no minimum order value.
6. payment methods
a) PostFinance Card, PostFinance E-Finance and credit cards Mastercard and Visa via Postfinance:
We accept payments with PostFinance Card, PostFinance e-finance and Mastercard and Visa via Postfinance Payment Service Providing. The customer does not pay any additional fees when paying via Postfinance.
b) Credit cards via PayPal: Mastercard and Visa:
We accept payments with Mastercard and Visa via PayPal. PayPal is an independent payment provider and you do not need to be a member of PayPal to process credit card payments via PayPal. When paying via PayPal, the customer does not pay any additional fees. Further information can be found at www.paypal.ch.
c) PayPal credit:
We accept payments with PayPal credit and the customer does not pay any additional fees when paying via PayPal. Further information can be found at www.paypal.ch.
d) Invoice:
Customers with a billing and delivery address in Switzerland or Liechtenstein can pay by invoice. There are no additional fees for payment by invoice.
The following applies: payment within 10 days of receipt of the goods and the invoice with the corresponding payment slip or bank transfer stating the invoice number and invoice date to the specified bank details. Customers who have not paid their invoices on time in the past or who still have unpaid invoices cannot pay on account or may be refused payment on account.
Default occurs automatically after expiry of the payment deadline. BioSamara GmbH will charge a reminder fee of CHF 25 per reminder from the 2nd reminder. The outstanding invoice amount plus any reminder fees and interest may be transferred or assigned to a debt collection company for the purpose of debt collection. Furthermore, the customer is obliged to reimburse all costs incurred by BioSamara GmbH or the collection agency as a result of late payment.
Bank details
BioSamara GmbH, Schwäntenmos 15, 8126 Zumikon
IBAN: CH49 0839 0030 6719 1010 8
Alternative Bank Switzerland
Amthausquai 21
4601 Olten
Bank clearing no. 8390
Swift Code: ABSOCH22
e) Cash payment (only for collection from the warehouse):
The ordered products can be paid for in cash on collection. There are no additional charges for this. Orders cannot be changed on site if collected from the warehouse.
7 Delivery
Delivery is made by the post office or a parcel service within a few days of receipt of the order. Delivery takes place within Switzerland and Liechtenstein. We also deliver to European countries against prepayment. Delivery outside Europe on request.
If the first delivery is unsuccessful because the customer cannot be found at the delivery address provided, the notification slip from the parcel service (post office or courier service) deposited in the letterbox will provide information about the possibility of further delivery. If delivery to the customer is not possible because the customer cannot be found at the delivery address provided, even though the customer was given reasonable notice of the delivery time, the customer shall bear the costs of the unsuccessful delivery.
When ordering from abroad, the customer is responsible for making the necessary customs clarifications for the import of the ordered products. If the customs authorities of the country in question deem a consignment unfit for import and therefore do not deliver it to the recipient but send it back, we will generally refund the value of the goods less the transport costs incurred.
8 Warranty
a) Product information and warranty details
All information provided by SamaraNatura (BioSamara GmbH) about products and services on the homepage, in newsletters, electronic or printed catalogues does not claim to be complete and is in no way a substitute for professional advice or treatment by trained and recognised doctors or other specialists.
SamaraNatura (BioSamara GmbH) always endeavours to inform and educate customers about the products and services offered to the best of its knowledge. Information on third-party products is obtained directly from the manufacturers and is compiled by SamaraNatura (BioSamara GmbH) for the customer. All information about products, services, guarantee conditions and guarantee periods published by SamaraNatura (BioSamara GmbH) is provided without guarantee and is not to be understood as a warranty. In particular, no liability can be accepted for the accuracy, completeness and up-to-dateness of the information.
b) Availability information
SamaraNatura (BioSamara GmbH) endeavours to maintain the availability information carefully and to state it as correctly as possible. However, delays in delivery may occur due to production or delivery bottlenecks or incorrect stock data. All information on delivery times is only an approximate guide and is therefore non-binding and subject to change at any time without notice. Delivery may also be completely impossible if a product can no longer be manufactured or delivered or can only be delivered with a very long delay (more than 6 weeks). In this case, a delivery impossibility (resolutory condition) occurs in accordance with Clause 7 of the GTC. If we realise during the processing of your order that ordered products are not available or cannot be delivered, we will inform the customer by e-mail.
c) Defects
Delivered or collected goods must be checked immediately for correctness, completeness and intactness. Any defects or damage (visible or concealed) must be reported to SamaraNatura (BioSamara GmbH) by telephone, e-mail or via the Internet as soon as they are recognised, but at the latest within 7 working days of receipt of the consignment. The consignment must be kept in the condition in which it was delivered and the product must not be used or put into operation for the further handling of the claim.
When the goods are delivered by a parcel service or a forwarding company, the customer confirms the visual integrity of the delivery with his signature, unless a reservation is noted. In this case, SamaraNatura (BioSamara GmbH) cannot accept any liability for visible transport damage. This does not apply to hidden defects. SamaraNatura (BioSamara GmbH) does not grant any guarantee beyond the statutory warranty.
In the event of a defect, the purchaser has the choice of demanding a replacement delivery free of charge or rectification of the defect. With the agreement of SamaraNatura (BioSamara GmbH), it is also possible to make a deduction from the price corresponding to the reduced value or to withdraw from the contract.
d) Product deviations
The foodstuffs sold by SamaraNatura (BioSamara GmbH) are processed as gently as possible and left as natural as possible. Composition, colour, consistency, taste and smell may therefore vary slightly. These deviations therefore do not constitute a material defect.
9. refusal of acceptance
In the event of an unauthorised refusal to accept the goods delivered by us, we shall charge the costs incurred by us. Our right to fulfilment of the purchase contract remains unaffected by this.
10. reservation of title
The delivered goods remain the property of BioSamara GmbH until full payment has been received.
11. right of cancellation
In Switzerland there is generally no right of cancellation for food and food supplements or for purchases in web shops. However, we grant our customers a limited right of return, i.e. the possible return of unopened and undamaged products within 14 days of the delivery date (according to Swiss Post parcel tracking) or collection date from the warehouse.
To exercise your right of return, you must inform us (BioSamara GmbH, Managing Director Patrick Fuchs, info@samaranatura.ch, telephone 044 586 27 27) of your decision by means of a clear declaration (letter post, e-mail, telephone call). You must then immediately return or hand over the unopened products to our logistics address: BioSamara GmbH, c/o Ancora-Meilestei Foundation, Werkstrasse 3, 8620 Wetzikon. You bear the costs of the return shipment.
Once we have received and checked the products, we will inform you by e-mail or telephone and refund you the value of the goods if this has already been paid. For the refund, we will use the same means of payment that was used for the original transaction. In the case of unpaid invoices, the outstanding invoice amount will be reduced.
12 Liability
Claims for damages against SamaraNatura (BioSamara GmbH) and against the service partners of SamaraNatura (BioSamara GmbH) arising from impossibility of performance, from breach of contract, from culpa in contrahendo and from unauthorised action are completely excluded, except in cases of intent or gross negligence. Liability for indirect damages and consequential damages resulting from the use, faulty performance or loss of performance is excluded.
13. reservation
Our offer is subject to change. We reserve the right to adapt these GTC to the circumstances at any time and to apply them immediately.
14 Copyright
The Internet pages, electronic newsletters, electronic or printed catalogues of SamaraNatura (BioSamara GmbH), their structure and all texts, image and sound materials contained therein as well as all components used for the functionality of these web pages are subject to the legally protected copyright of SamaraNatura (BioSamara GmbH), unless otherwise declared. They may not be downloaded, copied or reproduced, even in part, without the written consent of SamaraNatura (BioSamara GmbH). The user may only use the content for his personal use within the scope of the functionalities offered on the website and does not acquire any rights to the content, texts, images, data or programmes. All third-party logos and images shown are the property of the respective companies and are subject to the copyright of the respective licensors.
15 Place of jurisdiction / Applicable law
The place of jurisdiction is Meilen. In the event of disputes, Swiss law shall apply exclusively.