bio-familia online shop GTCs

1. Scope of application

These General Terms and Conditions (hereinafter GTCs) apply to all orders placed and contracts concluded via the online shop operated by

bio-familia AG

Brünigstrasse 141
6072 Sachseln
Switzerland
Business identification number (UID): CHE-101.598.144

(hereinafter bio-familia)

bio-familia reserves the right to change the GTCs. The version of the GTCs valid at the time at which the order is placed shall be authoritative.

2. Range and orders

The range available in the online shop is aimed at end customers (private individuals and legal entities) whose usual place of residence or registered office is in Switzerland. Deliveries are only made to addresses in Switzerland.

The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation for the customer to place an order. An order is considered to be an offer made by the customer to bio-familia to conclude a contract.

A binding order comes into being when the customer enters all the information required to execute the contract, confirms their acknowledgement of these GTCs and clicks the ‘Complete order’ button (Order).

Orders can be made as a guest or registered customer. To register, the customer must create a password-protected customer account. Only persons with legal capacity may register with the online shop. It is free of charge to do so. There is no entitlement to access the online shop. The customer must provide the details required for registration completely and truthfully, and is responsible for updating their information.

bio-familia shall confirm receipt of the order (confirmation of receipt) as soon as it has been received and the costs debited against the credit card provided.

3. Conclusion of the contract

bio-familia is free to reject orders in whole or in part without giving reasons for doing so. In this case, the customer will be notified and any payments already made will be refunded. Further claims are excluded. In particular, non-deliverable products will not be shipped subsequently.

The purchase contract shall only come into effect upon dispatch of the products ordered. If the order includes several products, the contract shall only be concluded for those products which are expressly listed in the shipping confirmation or which have actually been dispatched.

4. Prices and shipping costs

The prices listed on the respective product page are given in Swiss francs and include VAT. The price listed in the online shop at the time of ordering shall be decisive. Costs for packaging and shipping are not included in the price. These may be charged in addition and shown separately. Technical changes, errors and misprints are reserved. The final prices are quoted in Swiss francs (CHF).

Shipping costs may be added to the prices indicated, depending on the order value. Orders with a value of less than CHF 50 will incur an additional shipping fee of CHF 8.70, while delivery is free of charge for orders worth more than CHF 50.

5. Payment

Payment must be made in advance in Swiss francs by credit card. The customer’s credit card account will be charged when the order is placed.

6. Delivery

Delivery shall be made to the address in Switzerland specified by the buyer at the expense and risk of the customer.

The delivery period stated in the offer or in the order receipt is a guide and is not binding. Should this guide value be exceeded by 14 days, the customer may withdraw from the order by notifying customer service of this in writing. In this case, bio-familia will refund any amounts paid in advance. Further claims against bio-familia are excluded.

bio-familia is entitled to make partial deliveries. If a portion of the goods ordered cannot be delivered, there is no right to cancel the entire order. The customer cannot assert any further claims. bio-familia may withdraw from the contract if it is impossible to deliver the ordered products, despite two delivery attempts, and the customer is responsible for this. Any payment already made by the customer will be refunded minus shipping costs.

7. Guarantee

Provided that the customer stores the products properly (in particular in a dry, cool place), bio-familia shall guarantee that the products ordered are free from defects until the expiry date. However, this guarantee applies for a maximum of 2 years after delivery.

The customer undertakes to check the goods for correctness, completeness and integrity immediately upon delivery. Damage to the goods delivered/collected must be reported to bio-familia as soon as possible, but no later than 14 calendar days after delivery.

Defects that were not detectable upon proper inspection in accordance with the preceding paragraph must be reported to customer service in writing (email is sufficient) immediately after discovery. Otherwise, the products ordered shall be deemed to have been approved with regard to these defects, too.

If products are delivered with obvious transport-related damage, the customer must immediately report such defects to the shipping company and contact bio-familia without delay. Any costs of return shipping will be borne by bio-familia.

bio-familia can satisfy the guarantee either by providing a partial or complete replacement in the form of an equivalent product, by offering credit up to a maximum of the sale price at the time of ordering, or by applying a reduction.

There is no right to return products that are free of defects and delivered correctly.

8. Liability and transfer of risk

bio-familia’s liability is governed by the applicable legal provisions. However, any liability for minor negligence as well as for indirect damage or consequential damage is expressly excluded. Consequential damage includes, in particular, loss of profits, reputational damage and loss of data due to temporary impairments or interruptions to the availability of bio-familia’s services as well as due to the unavailability of sales channels, transmission errors, late delivery of products, incorrect price or service information and errors in booking confirmations. Similarly, bio-familia is not liable for the improper, non-contractual or unlawful storage or use of products. The benefit and risk, in particular the risk of theft, damage by third parties and environmental influences, shall pass to the customer upon the valid delivery of the goods.

9. Data protection

bio-familia complies with all data protection regulations. The customer’s personal data will in principle only be stored for the processing and handling of the order and will not be passed on to third parties. The customer has the option to revoke their consent to the storage of their personal data that they gave when the order was placed at any time. Detailed information can be found in the privacy policy, accessible at www.bio-familia.com.

10. Severability clause

In the event that a provision of these GTCs is or becomes invalid, this shall not affect the legal validity of the remaining provisions. A valid provision that most closely approximates the financial intent of the one intended by the parties shall be deemed agreed in place of the invalid provision. The same shall apply mutatis mutandis if these GTCs contain a loophole.

11. Applicable law and place of jurisdiction

These GTCs and any disputes arising from or in connection with the parties’ legal relationship are subject exclusively to Swiss substantive law, to the exclusion of conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons is Sarnen/Obwalden or the customer’s place of domicile. The exclusive place of jurisdiction for legal entities is Sarnen/Obwalden.

Last updated: 2 December 2019