General Terms and Conditions
I. Scope of application
For the business relationship between Grünkraft AG ("Grünkraft") and consumers and companies (hereinafter jointly referred to as "Customers"), the following General Terms and Conditions (GTC) shall apply exclusively, regardless of the means of communication used. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their 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 independent professional activity. Clauses of the present GTC, which are addressed to consumers, are only valid for contracts with consumers in the sense of these GTC. Clauses which are directed at companies are only valid for contracts with companies in the sense of these GTC. Clauses, which are addressed to customers or are general, are valid for all contracts with Grünkraft. In relation to companies, these GTC also apply to future business relations without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
The terms and conditions apply to all purchase contracts and other legal transactions with Grünkraft.
The German version (https://gruenkraft-cbd.com/de-ch/agb) of these terms and conditions shall prevail. The English and French versions are for information purposes only.
The GTC of the company Green Area SARL are a valid part of the contract. Open to view under https://greenarea.lu/agb_en.html.
Grünkraft reserves the right to change the terms and conditions at any time with effect for the future.
II. Conclusion and acceptance of contract GTC
A valid sales contract between a customer and Grünkraft comes into effect upon purchase via the online store or the Grünkraft website with the confirmation of the customer order by Grünkraft.
For orders that are not placed via the Grünkraft website, the customer receives the basic contract and the GTC of Grünkraft by e-mail before the contract is concluded and confirms 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 will be communicated to the customer in each case and shall be deemed to be accepted by the customer unless the customer informs us in writing within 10 days of receipt of the change that she/he does not agree with the changes.
III. Legal Framework - Products and commodities
Grünkraft sells its products as raw material for further processing. Outside of Switzerland, sales are made exclusively to companies that engage in commercial trade and can present a valid VAT ID number.
The customer who wishes to have the products and raw materials delivered to an importing country is responsible for ensuring that the products and raw materials ordered by him are in accordance with the import regulations of hers/his, i.e. the importing country. Grünkraft is not liable for any problems, delays, seizures or the like that may occur during the importation into an importing country, nor for any resulting damage to the customer or third parties.
The customer is responsible for inquiring about the legal situation and the application requirements in the import country. The customer herself/himself is liable for any use that does not comply with the legal requirements and legality of the import country. Any liability of Grünkraft in connection with unlawful use, import, sale or processing and distribution in an import country is excluded.
Import country in the sense of these terms and conditions is every country except Switzerland.
The supplied analyses are intended only for the recipient and must not be misused by a third party.
IV. Terms of delivery
Unless otherwise agreed, the goods will be delivered from the warehouse of Grünkraft to the address indicated 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 charged once per order and is shown in the shopping cart.
Any customs duties and other public law charges shall be borne by the customer. From the moment the goods are segregated in premises of Grünkraft, the customer shall bear the risk for the goods.
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 the products are delivered on their expected delivery date. However, this date is not an expiration date and cannot be guaranteed by Grünkraft.
The customer may be required to pay additional delivery charges if:
it is not possible to complete a delivery, because on the day of delivery there is no person over 18 years old at the delivery address to receive the product.
the customer tries to change the delivery address after the package has already been sent; and/or; the customer fails to inform Grünkraft about special circumstances that are important for the delivery.
Delays in delivery do not give rise to claims for damages or discounts, nor do they lead to a cancellation of the order.
Grünkraft is exceptionally not obligated to deliver the ordered goods if Grünkraft has ordered the goods properly but has itself not been supplied correctly or on time. The prerequisite for this is that Grünkraft is not responsible for the lack of availability of the goods and informs the customer about this circumstance immediately.
The customer is responsible for insuring the delivery.
Grünkraft assumes no liability for loss of the goods due to customs seizure or other official intervention.
V. Payment and prices
Delivery takes place in principle only on payment in advance.
The customer receives an invoice from Grünkraft with bank details, to which she/he makes the advance payment.
Unless otherwise agreed, prices are quoted in Euro excluding VAT, shipping costs and any other legal charges.
The provider reserves the right to change the prices at any time. Decisive are the prices stated in the order confirmation sent by e-mail or fax.
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 in the respective 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.
You are in delay by law, without the need for a reminder, if and when the direct debit is refused or cancelled or if you do not pay one of Green Area Sàrl's invoices within the specified payment period. In addition, you will owe statutory interest on the outstanding amount, calculated from the date of default until the date of full payment.
No price reductions and discounts are granted without special agreement.
For deliveries abroad, the rates of the country of destination, i.e. the importing country, apply with regard to value added tax and customs duties.
After receipt of your payment the ordered goods will be shipped.
If for any reason a payment is rejected after the product has already been shipped, Grünkraft has the right to demand payment from the customer or to reclaim the product in question. Grünkraft may charge the customer for any costs incurred in this connection, including collection and enforcement costs.
If the customer does not pay within the payment period stipulated in the agreement, the goods will be released for sale elsewhere. In this case Grünkraft is only obliged to deliver the goods if it confirms this after receipt of payment.
The goods remain the property of Grünkraft until full payment of the invoice.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects within 3 days, in writing by letter or e-mail to Grünkraft.
If there is a defect, Grünkraft has the right to deliver defect-free replacement goods. The customer has the duty to claim faultless goods. Other defect rights can only be asserted after the rectification of defects has not been performed several times. Further warranty claims are excluded as far as this is legally permissible.
Returns to Grünkraft are - with the consent of Grünkraft - at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address provided by the seller.
Products that have already been opened/unsealed cannot be taken back or refunded by Grünkraft.
As soon as Grünkraft receives the goods back, the purchase price will be refunded. The customer bears the costs of the return shipment if the delivered goods correspond to the originally ordered goods.
VII. Cancellation policy
Consumers have the right to cancel the contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the consumer or a named third party other than the carrier has taken possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform the carrier by means of a clear statement (e.g. an e-mail or letter sent by post) of the decision to withdraw from the contract. In order to comply with the withdrawal period, it is sufficient for him to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period. The consumer has no right of withdrawal for contracts about:
a. Contracts for the supply of goods which are not prefabricated and for the production of which an individual selection for the determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
b. 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).
c. Contracts for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their nature.
d. Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
e. 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 to refund until it has received the goods back or until proof is provided that the goods have been returned, whichever is earlier. For the refund, Grünkraft will use the same means of payment that was used in the original transaction.
The consumer bears the direct costs of the return shipment. The return of goods that cannot be parceled (especially plants without suitable and appropriate special packaging) is carried out by a forwarding agent and must also be paid by the consumer.
VIII. Account and password
The customer is responsible for the security and reliability of the password and other login information of her/his account. She/He takes full responsibility for all activities on her/his account. If the customer has reason to believe that her/his password is known to another person and/or that her/his account has been used without her/his authorization, or is likely to be used, she/he will contact Grünkraft immediately. Grünkraft shall not be liable for any loss or damage resulting from any error made in protecting the password and/or login information of the account.
The customer is responsible for the correctness and completeness of the personal data provided by him and guarantees that this data is complete and correct in every respect. She/He agrees to inform Grünkraft as soon as there is a change in this data and to update it via her/his account.
Grünkraft is not liable for defects and malfunctions for which it is not responsible, especially not for safety defects and operational failures of third-party companies with which it cooperates.
Grünkraft is not liable for force majeure, improper action 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, interventions by the customer or disturbances by third parties (viruses, worms, etc.), which occur despite the necessary current safety precautions.
X. Force Majeur Clause
If Grünkraft is not able to perform its services in accordance with the contract for external reasons beyond its control, it shall be released from its contractual obligations in this respect. In contrast, the price risk lies with the customer, i.e. she/he remains obliged to pay the contractually agreed price.
XI. 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.
XII. Application of law and jurisdiction
All legal relations between Grünkraft and the customer are subject to substantive Swiss law, excluding the conflict of laws rules of the 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). Furthermore, Grünkraft has the right to bring an action at any competent court to assert and enforce its claims against the customer.
For further information please contact: email@example.com
Grünkraft AG, Bern, January 2020