General terms and conditions Switzerland
SAPHIRE AG - Bionance
1. The following general terms and conditions (GTC) between Saphire AG and its customers, hereinafter also referred to as “orderer” or “buyer”, apply to all business relationships, including all orders via telephone, fax, internet, email or letter . The version of the terms and conditions valid at the time of the order is always decisive. These therefore also apply to all future terms and conditions, even if they are not expressly agreed again. By placing the order, the customer accepts the following terms and conditions.
2. Deviations from these terms and conditions are only effective if Saphire AG acknowledges and confirms them in writing. Purchasing conditions of the customer are not binding, even if Saphire AG does not expressly contradict them. Counter-confirmations by the customer with reference to his business or purchasing conditions are hereby rejected.
Offer and conclusion of contract
1. The customer's order represents an offer to Saphire AG to conclude a purchase contract. After receipt of the order, Saphire AG will inform the customer of the receipt of his order by email (order confirmation). The order confirmation does not constitute acceptance of the offer made by the customer. The purchase contract is concluded when the offer is accepted by Saphire AG. The acceptance takes place through the dispatch confirmation sent by e-mail or through delivery of the goods. Saphire AG can accept the offer within two weeks of receipt of the offer from the customer.
2. Saphire AG only concludes contracts with legal entities and natural persons with unlimited legal capacity who have reached the age of majority. If it turns out that the customer is not yet of legal age, Saphire AG is entitled to withdraw from the contract.
3. Saphire AG is entitled to withdraw from the contract if Saphire AG is not supplied correctly and / or on time by its suppliers. The customer will be informed immediately about the unavailability of the goods. Consideration by the customer will be reimbursed immediately.
4. Saphire AG reserves the right to limit the order quantity for each item to normal household quantities.
5. The information in the Saphire AG sales documents or in the online shop (images, drawings, dimensions, weights, product descriptions, contents, prices and other services) are only to be understood as guidelines and do not represent an assurance of properties, unless they are expressly designated in writing as binding.
Prices and costs
1. The prices include the statutory VAT applicable in Switzerland and do not include shipping costs. The prices at the time of the order apply. The prices published on shop.resonanz.store or in the sales documents are in CHF.
2. The customer has to bear all additional taxes, duties and / or costs incurred in the case of a delivery to countries other than Switzerland. These are not included in the prices.
3. The shipping costs of the ordered goods are to be borne by the customer.
14-day right of return
1. You basically have a 14-day right of withdrawal. Please send us your revocation within 14 days of receipt of the goods (the postmark is decisive).
2. Please send the goods back to us with the cancellation.
3. We will refund the payments as soon as we have received the goods. The revocation must be sent to: Saphire AG, Breitenstrasse 1, 6403 Küssnacht, Switzerland
4. The customer bears the return costs.
5. Please note that after opening sealed products, for health protection and hygiene reasons, we cannot grant a right of withdrawal.
6. Empty containers are also not taken back.
7. If the products have been opened or are no longer in their original packaging, the customer will be charged 100% upon return.
8. We also reserve the right to deduct compensation for possible damage or excessive wear and tear of the packaging from the purchase price to be reimbursed.
9. In the event of a cancellation of all articles, we reserve the right to charge our shipping costs plus CHF 25 processing fee. In the case of a revocation from the EU, we also reserve the right to invoice the customs clearance costs from the EU area to Switzerland as well as any customs duties.
10. Address for returns: Saphire AG, Breitnestrasse 1, 6403 Küssnacht, Switzerland
1. Deliveries are made according to the shipping conditions valid at the time of the order. The ordered goods will be delivered to the address given by the customer. The delivery times are not binding. Fixed delivery dates must be confirmed in writing by Saphire AG.
2. The packaging and shipping costs within Switzerland and Liechtenstein are up to a shipping weight of 2kg CHF 9.- and up to 10kg CHF 12.-.
3. The dispatch of the ordered goods usually takes place 1-3 working days after receipt of the purchase price. After the first attempt at delivery, the transport risk and the risk of spoilage of the goods are transferred to the purchaser, as delays in acceptance can result in spoilage of the goods. If Saphire AG incurs additional shipping costs due to an incorrect delivery address or an incorrect addressee, these costs must be reimbursed by the customer in full.
4. If a buyer does not accept the goods, Saphire AG can, at its own option, either sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss that may arise, or insist on the fulfillment of the contract. If the customer is in default of acceptance or if he culpably breaches other duties to cooperate, Saphire AG is entitled to demand compensation for the damage it incurs as a result, including any additional expenses.
5. The other statutory claims of Saphire AG remain reserved.
6. Saphire AG is entitled to partial deliveries and partial services at any time. These must be reasonable for the customer to a reasonable extent. The customer only bears the shipping costs incurred for the entire delivery of the items ordered.
7. Delivery and service delays due to force majeure and due to events that make Saphire AG significantly more difficult or impossible to deliver - this includes in particular strikes, lockouts, official orders, etc. - even if they occur in the case of deliveries for Saphire AG or its sub-suppliers, is not responsible for Saphire AG even in the case of bindingly agreed deadlines and dates. You entitle Saphire AG to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the hindrance lasts longer than 5 working days, Saphire AG is entitled, after a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled. If the delivery time is extended or if Saphire AG is released from its obligation, the customer cannot derive any claims for damages from this.
8. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance.
Terms of payment
1. We offer the payment methods credit card (Visa & Mastercard), TWINT, prepayment and PostFinance for orders.
2. Saphire AG reserves the right to exclude individual persons / customers from purchasing on account without giving reasons.
3. Discounts and cash discounts are not permitted.
Transfer of risk
1. The risk of unforeseeable loss and accidental deterioration of the ordered goods is transferred to the buyer when the goods are handed over or, in the case of sale by mail order, with the delivery of the goods to the forwarding agent or the person or institution otherwise assigned to carry out the shipment.
Retention of title; Billing; Right of retention
1. In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full.
2. In the case of entrepreneurs, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled.
3. If the customer defaults on paying the invoice amount, we are entitled to enter the retention of title in the retention of title register at the customer's expense. The corresponding security rights are transferable to third parties.
4. You are only entitled to offset if your counterclaims have been legally established or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
5. If the customer is in arrears with any payment obligations, all existing claims are due immediately.
1. The provisions of our data protection declaration, which form an integral part of these terms and conditions, apply to data protection.
Limitation of Liability and Defect Rights
1. The parties expressly agree that the customer's remedies in the event of poor or non-performance are limited to the right of withdrawal in accordance with Section 4 of the General Terms and Conditions and that any further liability, liability for damages or other claims on the part of Saphire AG are excluded, insofar as such an exclusion is legally permissible.
2. In addition, Saphire AG is only liable for damage to the customer caused by employees of Saphire AG intentionally or through gross negligence.
3. If Saphire AG is liable for damage to the customer due to simple negligence on the basis of the statutory provisions, the following applies: The liability in the case of simple negligence only exists in the event of delay or impossibility or breach of an essential contractual obligation and is based on the reasonably foreseeable typical damage (typical contract average damage) limited. It is also limited to the order value. No compensation will be given for lost profit.
4. As far as legally permissible, liability for damage caused by auxiliary persons is excluded.
5. The legal representatives, employees and vicarious agents of Saphire AG are not liable any further than Saphire AG itself.
6. Warranty claims are initially limited to supplementary performance. The supplementary performance takes place without recognition of a legal obligation and does not lead to a restart of the statute of limitations. The customer can only withdraw from the contract or reduce the purchase price if the subsequent performance fails.
7. If the delivery item is defective, the deficiency must be reported to Saphire AG immediately upon receipt of the goods; notification by email is sufficient. Receipt by Saphire AG is decisive for compliance with the deadline. A breach of the above obligations excludes any warranty claims against Saphire AG. If the delivery item is defective or if the guaranteed properties are missing, the guarantee is provided exclusively through replacement delivery. Multiple repairs are permitted. Further claims by the customer are excluded, unless the replacement delivery fails after a reasonable period. Then the customer can, at his option, request a reduction in the purchase price or cancellation of the contract.
Applicable law and place of jurisdiction
1. Swiss law applies exclusively, excluding the provisions of international private law and the UN Sales Convention (CISG).
2. The place of jurisdiction for all disputes arising from or in connection with these terms and conditions as well as the legal relationships falling under them, the courts of Altstätten (Sankt Gallen, Switzerland) have exclusive jurisdiction. However, Saphire AG is also authorized to assert its rights at the customer's domicile or in front of any other competent authority in the absence of a jurisdiction agreement.
1. Should any provision of these terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In the event that a provision is invalid or null and void, it must be replaced by an effective provision that comes as close as possible to the economic purpose of the ineffective provision.
Changes to these terms and conditions
1. This is the most current version of the terms and conditions.
2. Saphire AG can adjust these terms and conditions from time to time. The current terms and conditions can be found at www.shop.bionance.ch
Küssnacht, November 23rd, 2021