General Terms and Conditions - Swiss Peanut Allergy and Anaphylaxis Association
Please read these General Terms and Conditions carefully since they apply to all orders you make off the VEaA webshop. By placing your order, especially by pressing the butten "I accept" in our ordering software you acknowledge and agree to be bound by these General Terms and Conditions.
2. Up-to-dateness of our range of products and price
Our range of products is continously adapted to new developments. Our prices and applicable shipping cost may change from time to time. The current range of products and applicable prices are as set forth in our webshop. We reserve the right to promotions and individual agreements for bulk orders.
3. Ordering and delivery
3.1 Orders may solely be made electronically in our webshop. All orders are binding; digital orders can - after they have been received by us - not be modified, deleted or merged. In special cases VEaA reserves the right to reject orders without giving any reasons.
3.2 2.2 Upon receipt of your order by VEaA, the order will be executed according to the specifications of the Customer. VEaA does not issue confirmations, but only confirms receipt of the order to VEaA according to the email address which is written in the ordering process. The offer in the webshop is without engagement. The decisive content of the contract and its scope arise from the actual delivery of VEaA, even in the case of an advance payment of the Customer. If the delivery to the conditions required by the Customer according to his or her order (price, product specifications) cannot be made, the Customer will be reimbursed for his or her advance payment.
3.3 VEaA delivers the products by economy mail. Shipping abroad may lead to additional shipping cost for which Customer will also pre-pay VEaA. VEaA will notify Customer of such additional shipping cost per eMail. Shipping is made either by Arbeitsheim Wangen, Hegnaustrasse 58, CH-8602 Wangen („Arbeitsheim“) or by VEaA. With the dispatch of the order including the acceptance of these Terms and Conditions, the Customer agrees to the transmission of its address to Arbeitsheim for the purpose of handling the shipment of the ordered products. Delivery periods are not binding.
3.4 In case of delayed delivery, the Customer will be notified via e-mail. The Customer has the opportunity - if delivery has not been sent - to cancel his order. Delivery delay will never lead to a price reduction.
3.5 In case of a necessary re-delivery of the shipment (such as due to wrong / incorrect address specified by the Customer), the receiver has to yield all applicable mail-order costs.
4. Transfer of benefits and risks
Upon handing over of our products to the respective carrier benefits and risks of the transport transfer to the Customer.
5. Price / Payment Terms
5.1 4.1 The prices of the products and services from VEaA are net in Swiss Francs (CHF) from VEaA’s distribution center (Arbeitsheim Wangen, Switzerland). Additional costs, such as costs for packaging and shipping / delivery (Freight/Transport), are additionally owed to the prices of the products and have to be also paid in advance.
5.2 VEaA delivers all products solely against pre-payment.
5.3 The Customer is not entitled to set-off any counterclaims against our claim for payment of the products.
5.4 Any right to retention or lien of the Customer is excluded in its entirety.
6.1 VEAA CANNOT GUARANTEE THAT THE PERSONS PRODUCING / SHIPPING THE PRODUCTS CONSUMED NO PEANUT / NUT PRODUCTS AND / OR OTHER ALLERGEN DURING THE PROGRESS AND THEREFORE ORGANOLEPTIC BUT INVISIBLE CONTAMINATION OF PRODUCTS ARE POSSIBLE. THE END CUSTOMER IS RESPONSIBLE HIM- OR HERSELF TO WASH THE PRODUCTS BEFORE FIRST USE.
6.2 The Customer is obliged to immediately test the products and services provided by VEaA upon delivery for completeness, quality, intactness and accuracy. Complaints for defects in the goods may be made in writing within 5 days of receiving the order. Wrong product selection, not satisfied, wrong quantities or other mistakes caused by error in the order entry deficiencies are excluded from the complaint. This also applies to damages incurred in the transportation.
6.3 Any warranty is limited to replacement of defective/faulty products and also only applies if the products remain in Switzerland and there have been no attempts to repair by Customer or third parties. A return of products by the Customer needs the prior written approval of VEaA (also by email) and occurs at the expense and risk of the Customer. The return consignment of products must be made within 5 days after recipt of email confirmation of VEaA of such return and with the return a detailed defective-/ faulty-description and proof of purchase have to be enclosed. Otherwise, the right for a free replacement lapses. In case of the failure of return or if VEaA does not find any deficiencies or deficiencies caused only by the Customer on the rejected goods (e.g. improper treatment), the Customer bears the costs of replacement.
6.4 The responsibility for the selection, application and use of any product remains solely with the end customer.
7. Limitation of liability
7.1 VEaA is liable only for direct damages and only if the Customer proves that this was caused due to gross negligence or wilful misconduct of VEaA, its agents, employees or authorized third parties. Any liability is limited to the price of each delivery.
7.2 Any further liability of VEaA, its agents, employees and/or authorized third parties for damages of any kind is excluded. In particular, the Customer has in no way claims for damages that are not caused to the product itself, such as loss of production, loss of use or loss of data, loss of orders, loss of profit and other indirect or consequential damages..
8. Patents and other intellectual property rights
If a third party claims rights against the Customer concerning infringement of any patent, copyright or other intellectual property right of delivered products or products of their manufactory, the Customer will inform VEaA immediately in writing of such infringements or claims thereof. VEaA will forward this information immediately to the supplier or manufacturer and demand them to control the situation. The Customer waives of any claims against VEaA in this regard.
9. Confidentiality / Data Privacy
VEaA collects and processes personal data with automatic data processing equipment in compliance with the applicable Swiss data protection law. Your data will be used exclusively for the proper handling of your order, for alleviation of a convenient re-ordering, informing you about new products, and/or improvement of our product offering and our services. VEaA will treat your data confidentially and not disclose to third parties, except that it is expedient for operational conditions to have it processed in Switzerland or abroad by third parties (such as Arbeitsheim). These third parties are contractually obligated to maintain the confidentiality of the data.
10. Applicable laws and jurisdiction
10.1 The contract including these General Terms and Condictions is governed by and interpretreted solely under substantive Swiss laws, without regard to any conflict of laws principles and excluding any treaty, in particular the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980).
10.2 Exclusive place of jurisdiction shall be Zurich 1. VEaA is entitled to file claims against Customer at his or her ordinary place of jurisdiction.
© Swiss Peanut Allergy and Anaphylaxis Association, Zuerich, September 2015 / Version 1.1