General terms and conditions
1. Scope
The general terms and conditions (GTC) apply to all products and services offered by SamaraNatura (BioSamara GmbH). Sales and delivery take place only in accordance with the general terms and conditions of SamaraNatura (BioSamara GmbH). Conditions of the customer that contradict or deviate from these GTC will not be recognized unless SamaraNatura (BioSamara GmbH) expressly agrees to their validity in writing. The current and binding version of the General Terms and Conditions is published at www.SamaraNatura.ch or www.SamaraNatura.com.
2. Conclusion of a contract
The products, services and prices published on the homepage, in newsletters, electronic or printed catalogs from SamaraNatura (BioSamara GmbH) are considered to be offers. However, this offer is always subject to the subsequent condition of an impossibility of delivery or an incorrect price indication on the part of SamaraNatura (BioSamara GmbH).
The contract is concluded as soon as the customer places his order via the online shop, by phone or email. The arrival of the order for an online order is indicated to the customer by means of an automatically generated order confirmation by email. The receipt of the automatically generated order confirmation does not contain any assurance that the product is actually available or can be delivered. It only indicates to the customer that the order placed has been received by SamaraNatura (BioSamara GmbH) and thus the contract has been concluded, which is subject to the subsequent condition of no delivery.
If one of the above (dissolving) conditions occurs, the contract will be dissolved immediately and without the involvement of the parties. The customer will be informed about this immediately. If the product has already been handed over, ownership automatically reverts to SamaraNatura (BioSamara GmbH) and the customer is obliged to repay (with the 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. As a result of such a contract termination, SamaraNatura (BioSamara GmbH) is not obliged to make a replacement delivery.
3. Prices
The statutory value added tax (2.5% or 7.7%) applicable in Switzerland is already included in all prices. When shipping abroad, no value-added tax is charged. Shipping costs are charged extra.
4. Shipping costs
Shipping costs are shown when ordering in the online shop. The shipping costs for Switzerland and Liechtenstein in 2020 (information are to be understood as an order of magnitude, subject to change):
PostPac Economy: Flat rate CHF 7.-. Shipping with PostPac Economy is free of charge for orders of CHF 100 or more.
PostPac Priority: Flat rate CHF 9.-. Shipping with PostPac Priority is free of charge for orders of CHF 200 or more.
Shipping costs to the countries of the EU are calculated according to the prices of the Swiss Post plus a packaging flat rate and shown when the order is placed.
5. Minimum order value
There is no minimum order value.
6. Payment Methods
a) PostFinance Card, PostFinance e-finance and Mastercard and Visa credit cards via Postfinance:
We accept payments with PostFinance Card, PostFinance E-Finance and Mastercard and Visa via Postfinance Payment Service Providing. When paying via Postfinance, the customer does not pay any additional fees.
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 have to be a member of PayPal to process payments with credit cards. When paying via PayPal, the customer does not pay any additional fees. Further information at www.paypal.ch.
c) PayPal credit:
We accept payments with PayPal credit. When paying via PayPal, the customer does not pay any additional fees. Further information at www.paypal.ch.
d) Invoice:
Customers with billing and delivery addresses in Switzerland or Liechtenstein can pay on account. There are no additional fees when paying by invoice.
The following applies: Payment within a payment period of 10 days after receipt of the goods and the invoice with the associated payment slip or bank transfer stating the invoice number and invoice date to the specified bank account. Customers who have not paid their invoices on time in the past or who have unpaid invoices cannot pay on account or may be refused payment on account.
Default occurs automatically after the payment deadline has expired. BioSamara GmbH charges reminder fees of CHF 25 per reminder from the 2nd reminder. The outstanding invoice amount plus any reminder fees and interest can be handed over or assigned to a collection agency. Furthermore, the customer is obliged to reimburse all costs incurred by BioSamara GmbH or the debt collection company as a result of the default in 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 in the warehouse):
The ordered products can be paid for in cash when they are picked up. There are no additional fees for this. Orders cannot be changed on site when they are picked up from the warehouse.
7. Delivery
The delivery takes place by the post office or by a parcel service within a few days after receipt of the order. It 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 is not found at the delivery address given by him, the notification slip of the commissioned parcel service (post or courier service) deposited in the mailbox provides information about the possibility of a further delivery. If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, although the delivery time has been announced to the customer with a reasonable period of time, the customer bears the costs for 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 of the respective country judge a shipment as not importable and therefore not deliver it to the recipient but send it back, we usually reimburse the value of the goods minus the costs incurred for the transport.
8. Warranty
a) Product information and warranty information
All information provided by SamaraNatura (BioSamara GmbH) about products and services on the homepage, in newsletters, electronic or printed catalogs does not claim to be complete and in no way represents a substitute for professional advice or treatment by trained and recognized doctors or other specialists represent.
SamaraNatura (BioSamara GmbH) always endeavors to inform and educate customers about the products and services offered to the best of its knowledge. For third-party products, information is obtained directly from the manufacturers and is compiled by SamaraNatura (BioSamara GmbH) for customers. Any information about products, services, guarantee conditions and guarantee duration, which is published by SamaraNatura (BioSamara GmbH), is to be understood as a guarantee and not as a guarantee. In particular, no liability can be assumed for the correctness, completeness and topicality of the information.
b) Availability information
SamaraNatura (BioSamara GmbH) endeavors to carefully maintain the availability information and to provide it as correctly as possible. However, delivery delays may occur due to production or delivery bottlenecks or incorrect inventory data. All information on delivery times are only approximate guide values and are therefore not binding and without guarantee and can change at any time and without notice. Delivery can 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, delivery is impossible (subsequent condition) in accordance with Section 7 of the General Terms and Conditions. If, while processing your order, we discover that the products ordered are not available or can not be delivered, we will inform the customer of this by email.
c) defects
Delivered or picked up goods must be checked immediately for correctness, completeness and intactness. Any errors or damage (visible as well as hidden) must be reported to SamaraNatura (BioSamara GmbH) immediately after detection, but no later than 7 working days after receipt of the shipment. For the further procedure of claims processing, the shipment must be kept in the delivery condition and the product must not be used or put into operation.
When the goods are delivered by a parcel service or a shipping 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 guarantee.
If there is a defect, the buyer has the choice of requesting replacement delivery free of charge or subsequent improvement.
With the consent 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 food sold by SamaraNatura (BioSamara GmbH) is processed as gently as possible and largely natural. Composition, color, consistency, taste and smell can therefore differ slightly from one another. These deviations therefore do not represent a material defect.
9. Refusal of acceptance
In the event of an unjustified refusal to accept the goods delivered by us, we will charge the costs we have incurred. Our right to fulfill the purchase contract remains unaffected.
10. Retention of title
The delivered goods remain the property of BioSamara GmbH until they have been paid for in full.
11. Return delivery
In Switzerland, there is generally no right of withdrawal for food and nutritional supplements or for purchases in online 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.
In order to exercise the 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 statement (letter, email, telephone call). You must then immediately return or hand over the unopened products to our logistics address: BioSamara GmbH, c/o Stiftung Ancora-Meilestei, Werkstrasse 3, 8620 Wetzikon. You bear the costs of the return.
After receiving the products back and checking them, we will inform you by email or telephone and refund you the value of the goods if it has already been paid. For the repayment we use the same payment method that was used in 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) are completely excluded from the impossibility of performance, from breach of contract, from negligence when concluding the contract and from tortious acts, unless there is intentional or grossly negligent action. Liability for indirect damage and consequential damage resulting from use, incorrect performance or loss of performance is excluded.
13. Reservation
Our offer is non-binding. We reserve the right to adapt these terms and conditions to the circumstances at any time and apply them immediately.
14. Copyright
The Internet pages, the electronic newsletters, electronic or printed catalogs from SamaraNatura (BioSamara GmbH), their structure and all texts, images and sound materials contained therein as well as all components used for the functionality of this website are subject to the legally protected copyright of SamaraNatura (BioSamara GmbH), unless otherwise declared. Without the written consent of SamaraNatura (BioSamara GmbH) these may not be downloaded, copied or reproduced, not even in extracts. The user may only use the content within the scope of the functionalities of the website for his personal use and otherwise does not acquire any rights to the content, texts, images, data and programs. All third-party logos and images shown are the property of the respective companies and are subject to the copyright of the respective licensor.
15. Place of jurisdiction / applicable law
The place of jurisdiction is Meilen. In the event of a dispute, Swiss law applies exclusively.