General Terms and Conditions
1. Scope of Application
For the business relationship between Grünkraft AG ("Grünkraft") and consumers and entrepreneurs (hereinafter collectively referred to as "customers"), the following General Terms and Conditions (GTC) apply exclusively, regardless of the means of communication used. Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. Clauses of these GTC that are directed at consumers shall only apply to contracts with consumers within the meaning of these GTC. Clauses addressed to companies shall only apply to contracts with companies within the meaning of these GTC. Clauses addressed to customers or general clauses apply to all contracts with green power. These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If entrepreneurs use conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
The GTC apply to all purchase contracts and other legal transactions with Grünkraft AG.
Grünkraft reserves the right to change the GTC at any time with effect for the future.
Deviating, conflicting or supplementary general terms and conditions of customers shall not become part of the contract between customers and Grünkraft.
2. Conclusion of Contract and Acceptance GTC
A valid purchase contract between a customer and Grünkraft comes into effect when Grünkraft AG confirms the customer's order when purchasing via the online store or the Grünkraft AG website.
In the case of orders that are not placed via Grünkraft's websites, customers will receive the basic contract and the GTC of Grünkraft by e-mail prior to the conclusion of the contract and confirm their validity with the confirmation of the order. The purchase contract is only concluded with the written confirmation of the basic contract and the GTC by the customer.
Changes to the basic contract and changes to the GTC shall be communicated to the customers and shall be deemed to have been accepted by them unless they notify us in writing within 10 days of being notified of the change that they do not agree with the changes.
3. Legal Framework - Products and Raw Materials
Grünkraft AG sells its products as raw material for further processing. Sales outside Switzerland are made exclusively to companies that engage in commercial trade and can present a valid VAT ID number.
Customers who wish to have the products and raw materials delivered to an importing country are responsible for ensuring that the products and raw materials ordered by them comply with the import regulations of their country, i.e. the importing country. Grünkraft shall not be liable for any problems, delays, seizures or the like that may occur during importation into an importing country, nor for any resulting damage to customers or third parties.
The customer is responsible for inquiring about the legal situation and the application requirements in the importing country. Customers are liable for any use that does not comply with the legal requirements and legality of the importing country. Any liability of Grünkraft in connection with unlawful use, import, sale or processing and distribution in an importing country is excluded.
Import country in the sense of these GTC is any country except Switzerland.
The analyses supplied are intended only for the recipient and must not be misused by a third party.
4. Delivery Conditions
Unless otherwise agreed, the goods will be delivered from Grünkraft's warehouse to the address provided by the customer.
Delivery costs are at the expense of the buyer and are not included in the purchase price. The flat rate shipping fee is generally incurred once per order and is shown in the shopping cart.
Any customs duties and other public-law levies shall be borne by the customer. The customer shall bear the risk for the goods from the time the goods are removed from Grünkraft's premises.
The expected delivery date of a product depends on whether the product is in stock and on the delivery address. Grünkraft endeavors to ensure that Products are delivered on their expected delivery date. However, this date does not represent an expiration date and cannot be guaranteed by Grünkraft.
Customers may be required to pay additional delivery charges if:
It is not possible to complete a delivery because on the day of delivery no person over 18 years old is present at the delivery address to receive the product;
Customer attempts to change the delivery address after the package has already been shipped; and/or; Customer fails to notify Grünkraft of any special circumstances that are important to the delivery.
No claims for damages or discounts will arise from a delay in delivery, nor will it result in a cancellation of the order.
Grünkraft is exceptionally not obliged to deliver the ordered goods if Grünkraft has duly ordered the goods but has not been supplied correctly or on time on its part. The prerequisite for this is that Grünkraft is not responsible for the lack of availability of the goods and immediately informs the customer of this circumstance.
Customers are responsible for insuring the delivery.
Grünkraft AG assumes no liability for loss of goods due to customs confiscation or other official intervention.
5. Payment and Prices
In principle, a delivery is made only on prepayment.
Customers receive an invoice from Grünkraft with bank details to which they make the advance payment.
Unless otherwise agreed, prices are quoted in euros and do not include value-added tax, shipping costs and any other statutory charges.
Grünkraft reserves the right to change prices at any time. The prices stated in the order confirmation sent by e-mail or fax are decisive.
The prices of the goods sold are the prices valid on the day of the order or the agreed prices plus the legally owed value added tax. They are denominated in the currency indicated.
Grünkraft is entitled to change its prices at any time. However, it undertakes to invoice the ordered goods at the prices valid at the time of the order or at the agreed prices.
No price reductions or discounts will be granted without special agreement.
For deliveries abroad, the rates of the country of destination, i.e. the importing country, shall apply with regard to value added tax and customs duties.
The ordered goods will be shipped upon receipt of payment.
If for any reason a payment is rejected after the product has already been shipped, Grünkraft has the right to claim the payment from the customer or to reclaim the corresponding product. Grünkraft may charge Customer for any costs incurred in connection therewith, including collection and enforcement costs.
If a customer does not pay within the payment period stipulated in the contract, the goods will be released for sale elsewhere. In this case Grünkraft is only obliged to deliver if it confirms this after receipt of payment.
Customers are obliged to inspect the delivered goods immediately upon receipt of the delivery and to notify Grünkraft of any defects within 3 days in writing by letter or e-mail.
If there is a defect, Grünkraft has the right to deliver replacement goods free of defects. Customers have the obligation to demand defect-free goods. Other warranty claims can only be asserted after the rectification of defects has failed several times.
Further warranty claims are excluded to the extent permitted by law.
7. Cancellation Policy
Consumers have the right to cancel the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the consumer or a named third party who is not the carrier has taken possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform us of the decision to withdraw from the contract by means of a clear declaration (e.g. a letter or e-mail sent by post). To comply with the withdrawal period, it is sufficient that he or she sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consumers do not have the right to withdraw from contracts for:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection for determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g. quickly perishable).
Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
In the event of an effective cancellation, all payments received by Grünkraft will be refunded. Grünkraft may refuse repayment until it has received the goods back or until proof has been provided that the goods have been returned, whichever occurs earlier. For the refund, Grünkraft will use the same means of payment that was used in the original transaction.
The direct costs of the return shipment shall be borne by the consumer. The return of goods not suitable for parcel (in particular plants without suitable and appropriate special packaging) will be made by forwarding agent and must also be borne by the consumer.
8. Account and Password
Customers are responsible for the security and reliability of their account's password and other login information. They assume full responsibility for all activities on their account. If customers have reason to believe that their password is known to another person and/or that their account has been or is likely to be used without their authorization, they should contact Grünkraft immediately. Grünkraft shall not be liable for any loss or damage arising from any error made in protecting the password and/or account login information.
Customers are responsible for the accuracy and completeness of the personal information they provide and warrant that such information is complete and accurate in all respects. They agree to inform Grünkraft as soon as there is a change in this data and to update it via their account.
Grünkraft shall not be liable for any defects or failures for which it is not responsible, including but not limited to security defects and operational failures of third party companies with which it cooperates.
Grünkraft is not liable for force majeure, improper actions and disregard of risks on the part of the customer or third parties, excessive use, unsuitable equipment of the customer or third parties, extreme environmental influences, interference by the customer or third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
9. Data privacy
10. Force Majeur Clause
If it is not possible for Grünkraft to provide its service in accordance with the contract for external reasons for which it is not responsible, it shall be released from its contractual obligations in this respect. The price risk, on the other hand, lies with the customer, i.e. he or she remains obliged to pay the contractually agreed price.
11. Partial Invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions of these GTC.
12. Application of Law and Jurisdiction
All legal relations between Grünkraft and its customers shall be governed by Swiss substantive law, excluding the conflict of laws rules of the Swiss Federal Act on Private International Law. The United Nations Convention on Contracts for the International Sale of Goods is not applicable.
The place of jurisdiction for all disputes is Bern (Switzerland). In addition, Grünkraft has the right to sue in any competent court for the assertion and enforcement of its claims against customers.
For further information: email@example.com
Grünkraft AG, Bern, June 1, 2020