Terms and Conditions
General Terms and Conditions
The following general terms and conditions apply to all sales contracts concluded via this site:
Your contractual partner is:
UID No.: CHE-313.573.034
1 Scope of application
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to the contract concluded between the Customer (hereinafter referred to as "Customer" or "you"), including its legal successors, and Omnivera AG (hereinafter referred to as "Omnivera" or "we") via the online shop www.balzandrolf.com, including the domains forwarded thereon, for the delivery of the goods offered by Omnivera. All deliveries, services and offers by Omnivera are based exclusively on these Terms and Conditions.
Both consumers and entrepreneurs are deemed to be customers pursuant to Point 1 (1). A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial or professional activity of the consumer but to personal or family use. In contrast, an entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial or professional purposes.
2 Order and conclusion of a contract
The presentation of products in the online shop www.balzandrolf.com does not constitute an offer, but only an invitation to place an order. You can order goods by completing the electronic ordering process via our online shop. When you select one or more products, the latter are placed in the virtual shopping cart. All products assigned to this shopping cart can be viewed. In addition, the number of ordered products can be varied there and an ordered product can be removed. By pressing the button "Checkout" you will be asked to enter the information relevant for shipping and to select a payment method. Before completing the order, all information relevant to the order will be displayed in summary form. By pressing the button "buy" the ordering process is finished.
For the customer account you choose a user name and a password. You undertake to treat both as confidential. We cannot be held liable for improperly used user names and passwords and the resulting damages.
Your order represents a binding offer. The confirmation of receipt of the order follows immediately after sending the order and does not constitute acceptance of the offer. We can accept your order by sending a confirmation of dispatch by e-mail or by delivering the goods within five days.
Our promotional offers are subject to change without notice in the absence of any other agreement or announcement.
If you wish to change your order or have any questions regarding the return of the goods, you can contact us by e-mail at firstname.lastname@example.org.
For orders, the prices listed for the products at the time of ordering are in Swiss Francs (CHF). All prices quoted are exclusive of Swiss value added tax and do not include shipping costs. Additional costs will be charged separately.
4 Terms of delivery
Delivery is only within Switzerland and is free of charge from an invoice value of 100 CHF. If the invoice value is less than 100 CHF, delivery is made at a flat rate of 7.00 CHF.
Omnivera is entitled to make partial deliveries and provide partial services. Omnivera shall bear any costs incurred for separate delivery.
Delivery is made via the Swiss Postal Service. Omnivera ships from Monday to Friday. We deliver all goods in the online shop immediately after receipt of the order, usually within 5 days. We will point out possible deviating delivery times on the respective product page.
If a buyer does not accept the goods, Omnivera may, at its own discretion, either sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss incurred, or insist on the performance of the contract. Omnivera's other statutory claims shall remain reserved.
If the Goods cannot be delivered due to force majeure or product discontinuation or if Omnivera is unable to procure the ordered Products under reasonable conditions and if these circumstances occur after the conclusion of the contract and are not the responsibility of Omnivera, Omnivera shall be released from its obligation to deliver. If events occur which make delivery by Omnivera significantly more difficult or impossible - such as strikes, lock-outs, official orders or the like - Omnivera shall not be responsible for delays, even if binding deadlines and dates have been agreed.
You have a 14-day right of withdrawal. Please send us your revocation within 14 days of receipt of the goods (timely dispatch is decisive). Please return the goods to us within 14 days of the revocation. We will refund the payments as soon as we have received the goods. The revocation is to be addressed to:
You will bear the costs of returning the goods.
We reserve the right to deduct compensation for possible damage or excessive wear and tear from the purchase price to be refunded. Please note that we do not grant a right of withdrawal for the following products: Sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
5 Terms of payment
For orders we offer the payment methods credit card (Visa, Mastercard, American Express), Postfinance, Maestro, Twint and PayPal.
If you pay by credit card, your credit card account will be charged immediately after the order is completed.
Please note that we only accept payments from accounts within Switzerland and the European Union (EU). Under no circumstances do we assume the costs of a money transaction.
6 Transfer of risk
The risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
7 Retention of title; offsetting; right of retention
In the case of consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. In the case of companies, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. If the customer defaults on payment of the invoice amount, we are entitled to enter the retention of title in the retention of title register at the customer's expense. The corresponding security rights are transferable to third parties.
You are only entitled to a right of set-off if your counterclaims have been legally established or recognised by us. Furthermore, you have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.
If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
The statutory warranty regulations apply. Important note: Please consult your doctor in case of known intolerances. The same applies to possible interactions with other products you are taking at the same time.
9 Data protection
The provisions of our data protection declaration, which form an integral part of these General Terms and Conditions, apply to data protection.
If you have any questions regarding the collection, processing or use of your personal data, the disclosure, correction, blocking or deletion of data or the revocation of consents granted, please contact us:
10 Disclaimer of liability
In the event of a breach of contractual and non-contractual obligations, Omnivera shall only be liable for damages resulting from intentional or grossly negligent conduct, unless it is a case of injury to life, body or health or a breach of material contractual obligations (cardinal obligations). In the latter case, Omnivera's liability is limited to compensation for foreseeable, typically occurring damages. The limitations of liability shall not apply if Omnivera has fraudulently concealed a defect or has given an express guarantee for the quality of the goods. Claims for liability based on the Product Liability Act shall remain unaffected.
The provisions of the above paragraph also apply mutatis mutandis in favour of Omnivera's legal representatives, executives and vicarious agents.
11 Applicable law
Swiss law applies to all legal transactions or other legal relationships between the customer and us. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other international conventions shall not apply.
12 Severability clause
If individual provisions in this contract including this clause are invalid in whole or in part, or if the contract contains a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
13 Written form
Amendments or supplements to these General Terms and Conditions must be made in writing and signed by both parties to be valid.
Status: October 2020