Terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE FOR PRIVATE CUSTOMERS
1. Scope of application
These terms and conditions apply to all orders placed from Switzerland or the Principality of Liechtenstein with shop online/online shop, as well as to purchases made in the boutiques of Naturalpes SA or by telephone with the latter: Naturalpes SA, rue de l'Ancienne Pointe 30, 1920, Martigny, +41.27.721.78.23, info(at)naturalpes.ch, www.naturalpes.ch "(hereinafter "the Seller").
2. Offer and conclusion of contract
2.1 The presentation of products on the online shop and in the store does not constitute a binding offer but an invitation to order.
2.2 By clicking on the [order] button, the customer transmits a binding order for the products listed on the order page.
2.3 Orders are confirmed by e-mail immediately upon receipt. The sales contract only comes into force if the seller confirms the dispatch of the goods by e-mail (order confirmation or dispatch confirmation) or, at the latest, by delivery of the goods.
2.4 In the case of prepayment, the purchase contract comes into force with confirmation of receipt of payment for the goods and shipping costs by the seller. Delivery of the goods will take place upon receipt of the said payment. If payment is not received within seven days of receipt, the order will be cancelled.
2.5 Orders can also be placed by telephone. In this case, the goods can either be paid for by invoice (see article 6.1) or by prepayment under the conditions set out in article 2.4. In the case of payment by invoice, the purchase contract comes into effect from the moment the order is placed by telephone.
2.6 Orders may be cancelled or modified within 24 hours of confirmation, provided the goods have not yet been dispatched.
2.7 In the event of a purchase made in one of the seller's boutiques, the sale is concluded immediately and the present general terms and conditions of sale apply.
3. Right of revocation
Customer satisfaction is our top priority!
3.1 The consumer has the right to revoke the contract in whole or in part by returning the products ordered in whole or in part, with the exception of the products listed in clause 3.6, to the seller within 365 days of validation of the order (date of receipt of the goods by the seller being taken as proof), provided that the product has not been consumed in excess of 10% of its original content.
3.2 The exercise of the right of return by the customer entails a liquidation relationship, according to which the services received under the sales contract must be returned by each of the parties.
3.3 In the event of a return of goods, the cost of returning the goods shall be borne exclusively by the customer.
3.4 The purchase price of the products and the shipping costs for the initial dispatch of the goods will be refunded to the customer within 10 days of receipt of the goods, provided that the product complies with the conditions set out in article 3.1. In the event of partial return of the goods, the shipping costs for the initial dispatch of the goods will not be refunded.
3.5 If payment was made by credit card, the refund will be made to the credit card in question. If payment was made by TWINT, the amount will be refunded to the TWINT account used for payment. If payment was made in advance or on account, the amount will be refunded to the account indicated in the refund request. In the case of payment via SWISSBILLING AG, the general terms and conditions of SWISSBILLING AG apply to the refund procedure.
3.6 In the event of damage or misuse, the seller reserves the right to deduct the cost of shipping the goods or compensation for any damage from the amount to be reimbursed. No deduction will be made from the amount to be refunded if the loss of value has been caused by handling necessary to ascertain the type, condition and functioning of the goods.
3.7 Products are carefully packaged to ensure that they arrive in perfect condition.
If, however, the product has been damaged in transit, the customer must report the problem by e-mail to commandes(at)naturalpes.ch, with supporting photographs.
The product will either be reimbursed in accordance with article 3.4 or replaced by the seller at the customer's discretion.
3.8 The right of revocation is excluded for products not stamped Naturalpes or Floralpes. The purchase price is non-refundable. However, if the product received is defective, it may be replaced if notification of the defect has been made within 30 days of receipt of the order by e-mail to commandes(at)naturalpes.ch.
4. Prices and shipping costs
4.1 The prices shown on the product page are final and include the statutory value-added tax (VAT) and other price components; they are quoted in Swiss francs (CHF).
4.2 In addition to the prices indicated, shipping costs will be charged. The exact amount of the shipping costs is indicated to the customer during the order process.
5. Terms of delivery
5.1 Deliveries are only made in Switzerland and the Principality of Liechtenstein.
5.2 Unless otherwise specified in the offer, the standard delivery time is 1 to 3 working day(s).
5.3 The Seller shall not be liable for any delay in delivery.
5.4 If not all the products ordered are available, the seller may make a delivery in several shipments (partial delivery). In the event of partial delivery, the customer will not be charged any additional costs.
5.5 If the customer fails to accept the goods after three attempts, Naturalpes AG is entitled to withdraw from the contract. Any payments made, excluding shipping costs, will be refunded immediately.
6. Terms of payment
6.1 Payment methods: In order to guarantee a secure payment system, the seller accepts advance payments via PostFinance SA, credit card payments or TWINT payments. For more information on PostFinance's general terms and conditions, click here. Payment can also be made by invoice via SWISSBILLING SA. For more information on SWISSBILLING SA terms and conditions, click here.
6.2 For payments by credit card or TWINT, the customer's account is debited when the order is confirmed, unless otherwise agreed.
6.3 In the case of payment by invoice, payment must be made within 30 days of validation of the order.
6.4 The customer agrees to the assignment of the seller's purchase price claims to third parties, in particular to SWISSBILLING SA.
6.5 Set-off against unrecognized or unjustified claims of the customer is excluded.
7. Late payment when paying via SWISSBILLING SA
7.1 The invoice, via SWISSBILLING SA, must be paid within 30 days of validation of the order in accordance with article 2. If payment is not made within this period, the customer is in default of payment.
7.2 If the customer is in default of payment, he must pay SWISSBILLING a reminder fee. The SWISSBILLING reminder fee is CHF 15.00 for the first reminder and CHF 15.00 for each additional reminder. In all cases, SWISSBILLING reserves the right to charge interest on arrears and compensation in accordance with Art. 106 of the Swiss Code of Obligations. If the invoice is to be paid in several instalments, late payment of any of the agreed instalments will result in immediate payment of the balance of the invoice in principal, costs and interest. In the event of non-payment after the usual reminders, the debt will be passed on to our collection partner. Collection costs will be charged to the customer, up to a minimum of 15% of the amount due, excluding prosecution or court costs.
8. Reservation of title
The seller retains ownership of the goods until full payment has been received. Prior to the transfer of ownership, pledging, assignment as security, processing or modifications are not permitted without the agreement of the seller.
9. Warranty for accessory products
9.1 The Seller offers a warranty for the repair of defects in accessories sold by the Seller. The Seller shall have the option of either repairing the goods supplied (repair of defects) or delivering goods free of defects in replacement of the defective goods (replacement delivery).
9.2 If the repair fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. The customer is not entitled to a price reduction.
10. Liability
10.1 The Seller excludes all liability for breaches of contract except in cases of intent or gross negligence. Violations committed by auxiliaries and sub-agents are also excluded from the Seller's liability.
10.2 The Seller excludes all liability for the effects of the Products on the Customer. The products are not intended to diagnose, treat or cure any disease. Cannabidiol (cbd) is a natural constituent of the hemp plant. This product must be used as indicated on the label. Professional medical advice should be obtained before using hemp products.
11. Personal data protection
The seller undertakes to process and use the customer's personal data in compliance with the laws in force. Further information on this subject can be obtained by reading the Privacy Policy available on the Naturalpes SA website or by clicking on the following link: https: //naturalpes.ch/politique-de-confidentialite-et-informations-legales/.
12. Final provisions
Should any provision of these general terms and conditions of business be in conflict with applicable law or prove to be unenforceable, the validity of the contract itself and its provisions shall not be affected. The relevant legal provisions shall apply instead of the clause in question.
13. Place of jurisdiction and applicable law
These general terms and conditions and the contracts concluded with the seller are subject to Swiss law to the exclusion of the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2 The ordinary courts of the district of Martigny in the Canton of Valais, Switzerland, shall have jurisdiction over all disputes, controversies or claims arising out of or in connection with these General Terms and Conditions or any contract entered into with the Seller.
Publication date: October 2024
GENERAL SALES CONDITIONS FOR B2B
1. Scope of application
1.1 These terms and conditions apply to all orders placed from Switzerland or abroad with Naturalpes SA, rue de l'Ancienne Pointe 30, 1920, Martigny, Switzerland, +41.27.721.78.23, info(at)naturalpes.ch, www.naturalpes.ch (hereinafter referred to as "the Seller").
1.2 By "Customer" is understood any entity ordering products from the Seller for professional purposes.
1.3 No provision derogating from the present general terms and conditions will be enforceable against the Seller, unless it is mentioned in writing (e-mail, order form, sms, etc...) by the Customer and accepted in writing by the Seller.
1.4 In the event that the Customer has general terms and conditions applicable to certain of her transactions, they are in no way binding on the Seller.
2. Products
2.1 The products and services offered are those listed in the catalog sent by the Seller in advance. The main characteristics of the products and in particular their specificities, illustrations, various indications and use, are presented on the website www.naturalpes.ch and in the catalog supplied. The Customer is obliged to familiarize herself with them before placing an order. The choice and purchase of a product is the sole responsibility of the Customer.
2.2 The photographs and graphics presented on the site and in the www.naturalpes.ch internet catalog are not contractual and do not engage the responsibility of the Seller. The Seller specifies that the photographs in the catalog are as accurate as possible, but cannot guarantee perfect similarity with the product offered, particularly with regard to its presentation.
2.3 These products and services are offered while stocks last.
2.4 The Customer is obliged to refer to the description of each product in order to know its essential properties and particularities.
2.5 Products must be stored by the Customer in a cool, dry, UV-protected place and in accordance with the storage conditions required by the nature of the products and the use the Customer intends to make of them.
2.6 In the event of an order to a country other than Switzerland, the Customer is considered to be the sole importer of the product(s) concerned and assumes sole responsibility therefor.
3. Contract conclusion
3.1 By clicking on the [order] button or by placing an order by e-mail to commandes(at)naturalpes.ch, the Customer transmits a binding order for the products listed on the order page or in the e-mail.
3.2 Once an order has been received, it will be confirmed by e-mail within 24 hours. The sales contract only comes into force if the Seller confirms dispatch of the goods by e-mail or telephone (order or dispatch confirmation) or, at the latest, by delivery of the goods.
3.3 In the case of prepayment, the sales contract comes into force with confirmation of receipt of payment for the goods and shipping costs by the Seller. Delivery of the goods will take place upon receipt of said payment. If payment is not received within seven days of receipt of the order, the order will be cancelled.
4. Prices and shipping costs
4.1. Unless otherwise specified in writing, the prices of the products included in the Seller's price lists and/or offers are in CHF or EUR (excluding VAT) depending on the Customer's country of registration.
4.2 In addition to the prices indicated, shipping costs are invoiced according to the delivery address indicated by the Customer and the volume of the parcel. The exact amount of shipping costs is indicated to the Customer when the order is placed and/or in the framework contract between the Seller and the Customer.
5. Terms of delivery
5.1. Products are delivered to the delivery address indicated at the time of the order. The delivery address may be different from the billing address.
5.2. Except in special cases or when one or more products are unavailable, the products ordered will be delivered in a single shipment. If all the products ordered are not available, the Seller may make a delivery in several shipments (partial delivery). In the event of partial delivery, no additional costs will be invoiced to the Customer.
5.3. The risks associated with the delivery of products pass to the Customer as soon as they are delivered (status "distributed" or "delivered").
5.4. Delivery times depend in particular on the quantity ordered and the place of delivery. They are indicated by the Seller at the time of the order or agreed in advance between the Parties.
5.5. As the Seller is dependent on delivery services, in the event of non-compliance with delivery deadlines by its delivery service providers, the Customer, unless otherwise agreed by the Parties, shall under no circumstances be entitled to claim payment of damages from the Seller, nor to make any withholding or cancel orders in progress.
5.6. In the event of non-receipt of the parcel for reasons relating to the recipient (incomplete delivery address, failure to collect the parcel from the carrier within the 7-day period, missing note on the letterbox, etc.), the Seller may withdraw from the contract. In this case, the purchase price of the products, excluding shipping costs, will be refunded to the Customer. If the Seller decides to maintain the contract, the parcel will only be reshipped by the Seller after the Customer has paid the new shipping costs (at the same rate as the first shipment).
5.7. The transfer of ownership of the Seller's products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of said products.
5.8. In the case of international sales, the Seller cannot be held responsible for any blocking by customs in the country of destination. No compensation may be claimed from the Seller in the event of seizure or blockage. However, the Seller undertakes to send the merchandise with the necessary information and to provide the Customer with as much information as possible in order to try to regularize the situation.
6. Claims, returns
6.1. If the delivered product has been damaged in transit, the Customer must report the problem by e-mail to: commandes(at)naturalpes.ch, with supporting photographs. The report must be made by the Customer within two working days of receipt of the damaged products. After this deadline, the Seller will not consider the claim. The Seller will decide on a case-by-case basis whether a return of the products is required.
6.2. If the product is defective, i.e. does not meet the product standards as described on the Seller's website and in the Instructions for Use, the Customer must report the defect within two working days of discovery of the defect in question by e-mail to: commandes(at)naturalpes.ch. After this deadline, the Seller will not deal with the claim.
6.3. Following notification of a defect in accordance with Article 6.2, the Customer shall return the product to the Seller at the latter's expense.
6.4. In the event of a defect, whether related to transport or intrinsic to the product, and provided that the defect has been accepted by the Seller, the product will either be reimbursed or replaced by the Seller.
6.5. The refund will be made using the same means of payment as that used for the initial transaction, unless expressly agreed otherwise by the parties. The maximum refund period is 30 days from acceptance of the refund.
6.6. In the event of damage or misuse by the Customer, the Seller reserves the right to deduct from the amount to be reimbursed the cost of shipping the goods, or compensation for any damage. No deduction will be made from the amount to be refunded if the loss of value has been caused by handling necessary to ascertain the type, condition and operation of the goods.
7. Liability and exclusion of modification
7.1. All products marketed by the Seller are intended for an adult and informed public. The sale is only intended for all buyers whose countries allow it.
7.2. The Seller excludes all liability for breaches of contract except in cases of intent or gross negligence. Breaches committed by auxiliaries and sub-agents are also excluded from the Seller's liability.
7.3. The Seller excludes all liability for the effects of the products on the Customer's consumer customers. The products are not intended to diagnose, treat or cure any disease. Cannabidiol (cbd) is a natural constituent of the hemp plant. This product must be used as indicated on the label. Professional medical advice should be sought before using hemp products. It is the sole responsibility of the Customer to distribute the products with the correct indications concerning their composition and use, and to comply with the applicable legal framework; the Seller assumes no responsibility in this respect.
7.4. The Seller is not responsible for damage caused by misuse of the products it sells.
8. Intellectual property
8.1. The content of the website and catalog and/or any sales support www.naturalpes.ch is the property of the Seller and is protected by Swiss and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. In particular, no one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound, without the express consent of the owner. Photos on the site are non-contractual.
8.2. The Customer accepts and acknowledges that, to the exclusion of any agreement to the contrary between the Parties, it has and will obtain no rights in relation to the Seller's intellectual property.
9. Personal data protection
The Seller undertakes to process and use the Customer's personal data in compliance with the laws in force. Further information on this subject can be obtained by reading the Privacy Policy available on the Naturalpes SA website, or by clicking on the following link: https: //naturalpes.ch/politique-de-confidentialite-et-informations-legales/.
10. Unforeseeability and force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, is due to force majeure.
11. Final provisions
If any provision of these terms and conditions should be contrary to applicable law or be unenforceable, the validity of the contract itself and its provisions shall not be affected thereby. The relevant legal provisions will apply instead of the clause in question.
12. Applicable law
These terms and conditions and the transactions arising from them are governed exclusively by Swiss law to the exclusion of the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
13. Dispute Resolution
13.1. All disputes, controversies or claims arising out of or in connection with this contract, including the validity, invalidity, breach or termination thereof, shall be settled by the ordinary courts of the district of Martigny in the canton of Valais.
13.2 In the event of any dispute, difference or claim arising out of or relating to this Agreement, the Parties shall use their reasonable endeavours to resolve the dispute by negotiation before submitting it to the court in accordance with article 12.1.
Publication date: October 2024
