General Terms and Conditions (GTC)
for the online shop of Swiss Mountain Pharma AG
As of January 6, 2025
§1 Scope and Provider
(1) These General Terms and Conditions apply to all contracts concluded via the online shop between the
Swiss Mountain Pharma AG
[Address, 6540 Castaneda, Switzerland]
– hereinafter referred to as “Seller” –
and customers are signed up.
(2) The goods offered are aimed at end consumers and retailers. Commercial or business resale of the products is only permitted to registered retailers.
(3) Any differing terms and conditions of the customer shall not apply unless the seller expressly agrees to their validity in writing.
§2 Subject of the Contract
(1) The subject of the contract is the sale of food supplements and other health and leisure products.
(2) The products offered are not medicinal products and are not a substitute for a balanced and varied diet and a healthy lifestyle .
(3) The product will only be sold in quantities customary for household use.
§3 Special conditions for entrepreneurs (B2B)
(1) The following provisions shall apply in addition to all contracts with entrepreneurs within the meaning of these General Terms and Conditions.
(2) There is no statutory right of withdrawal for entrepreneurs.
(3) The warranty period is 12 months from delivery. Defects must be reported in writing immediately, and at the latest within 7 calendar days of receipt of goods.
(4) Liability towards entrepreneurs for indirect damages, consequential damages and lost profits is excluded unless there is intent or gross negligence.
(5) The goods shall remain the property of the seller until all claims arising from the business relationship have been fully settled.
(6) The place of jurisdiction for entrepreneurs is the seller's place of business in Switzerland.
§4 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order. The seller reserves the right to refuse orders, particularly in the case of obvious errors, unavailability of goods, or suspected misuse.
(2) By clicking the "Buy Now" button, the customer submits a binding offer to conclude a purchase agreement. Please check your order carefully before submitting it, as Swiss Mountain Pharma AG may no longer be able to consider cancellation requests after an order has been accepted.
(3) The contract is concluded:
-
for advance payment or online payment methods with order confirmation,
-
at the latest upon dispatch of the goods.
(4) Order processing is carried out electronically. The customer is obliged to provide a valid email address.
§5 Prices, taxes and terms of payment
(1) All prices are final prices. Price changes do not apply to contracts already concluded. The price charged for a product or service is the price valid at the time of ordering and is stated in the order confirmation that you receive by email.
-
for deliveries to Switzerland (CH) including Swiss VAT,
-
For deliveries to EU countries, the price includes the applicable statutory value added tax of the destination country.
(2) Shipping costs will be shown separately during the order process.
(3) The available payment methods are displayed in the online shop.
(4) In the event of late payment, the statutory provisions of the applicable law shall apply.
(5) You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card information you have provided is true, correct and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the costs incurred by you will be covered by your credit card company, and (iv) you will pay the costs incurred by you at the stated prices, including shipping and handling fees and all applicable taxes.
§6 Delivery and Shipping
(1) Delivery shall be made:
-
in Switzerland directly through the seller or their shipping service provider
-
in the European Union via an external logistics and fulfillment service provider.
(2) Delivery will be made to the delivery address specified by the customer.
(3) Delivery times are non-binding estimates unless expressly agreed otherwise. We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control.
(4) Self-collection is not possible.
§7 Transfer of Risk
(1) In the case of consumers, the risk of accidental loss or damage to the goods passes to the customer upon delivery.
(2) In the case of shipment, the seller bears the shipping risk until delivery to the customer.
(3) Notwithstanding the above, in the case of entrepreneurs, the risk of accidental loss or accidental damage to the goods passes to the entrepreneur upon handover to the shipping service provider.
(4) We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we hand the products over to the shipping carrier, title to and risk of loss transfer to you.
§8 Retention of Title
The goods remain the property of the seller until full payment has been received.
§9 Right of withdrawal
(1) Consumers have a statutory right of withdrawal within 14 days.
(2) There is no right of withdrawal in the case of:
-
sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery,
-
Goods that, after delivery, have become inseparably mixed with other goods.
(3) The complete cancellation policy and the model cancellation form will be provided to the customer separately.
§10 Intellectual Property
(1) All content of the online shop, in particular texts, images, graphics, logos, trademarks, product descriptions, videos, audio files as well as their design, selection and arrangement, are protected by copyright.
(2) Unless otherwise stated, the rights to this content belong to the seller or the respective rights holders. They are protected by the relevant copyright, trademark and competition law provisions of Switzerland, the European Union and international agreements.
(3) The use of the content is permitted exclusively for private, non-commercial purposes. Any use beyond this requires the prior written consent of the seller.
(4) These Terms and Conditions do not grant any licenses or other rights of use to intellectual property unless expressly agreed otherwise.
(5) Trademarks, logos and symbols of third parties used in the online shop are the property of their respective owners.
§11 Warranty and Liability
(1) The statutory warranty rights apply.
(2) The seller shall be liable without limitation in cases of intent and gross negligence.
(3) In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract.
(4) Liability under the Product Liability Act remains unaffected.
§12 Special notes on food supplements
(1) The products are not intended to diagnose, treat, cure or prevent any disease.
(2) The recommended daily intake must not be exceeded.
(3) Keep out of reach of children.
§13 Applicable Law and Jurisdiction
(1) Swiss law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For consumers residing in the EU, mandatory consumer protection provisions of their country of residence shall remain unaffected.
(3) The place of jurisdiction for entrepreneurs is the seller's place of business in Switzerland.
§14 Severability Clause
Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
