The following General Terms and Conditions (GTCs) apply to the use of this website and to business relationships between BB Bergblüten AG (www.zuya.ch/ BB Bergblüten AG, Obschastrasse 60A, 3930 Visp) and its customers, in the version valid at the time of its retrieval from the website or at the time of ordering goods.
When using the website or when ordering products, the customer fully accepts these GTCs.
A customer is defined as a natural and legal person who maintains a business relationship with ZUYA. The GTCs, the delivery and payment conditions and the data protection provisions may be adapted from time to time. ZUYA requests that the provisions are read carefully upon every visit to the website and before every order.
These GTC apply exclusively and without exception. Any contradictory or amending provisions, or provisions deviating from these GTCs require explicit written consent from ZUYA in order to be valid. By using the website or by ordering goods, the customer fully accepts these GTCs, including the payment and delivery conditions.
Should individual provisions of these GTCs prove to be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.
The operator of this internet presence is Bergblüten AG.
2. LEGAL FRAMEWORK
Products by BB Bergblüten AG are legally tradable in Switzerland and don’t fall under the Swiss narcotics regulation. However, due to the constantly changing legal status of CBD, it is impossible for ZUYA to be informed about the legal status of its products in other countries all the time. Therefore, ZUYA cannot provide any information about the legal status of the products in any other country but Switzerland.
It is the personal responsibility of the customer to inform himself/herself about the legal status of CBD in his/her country prior to ordering products by ZUYA. By placing an order with ZUYA the customer confirms
- That he/she is 18 years of age
- That the import and possession of the ordered product is legal in his/her country.
By placing an order in the online shop, the customer takes full responsibility for the legality of the products that will be delivered as a result of the order.
3. HOMEPAGE CONTENT
ZUYA.com contains information on products and services. The right to alter prices and product lines, as well as to undertake technical changes, is reserved. All information on www.zuya.ch (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory descriptions and other information) should be understood as approximate values only and do not represent any assurance of characteristics or guarantees, unless otherwise noted. ZUYA attempts to provide correct, full and up-to-dare information on this website. However, ZUYA cannot guarantee this either explicitly or implicitly.
All offers on this website are deemed to be subject to alteration and should not be understood as binding offers.
ZUYA cannot guarantee that all products listed are available at the time of order. Therefore, information on availability and delivery times is subject to correction and may change at any time without prior announcement.
Unless otherwise stated, all prices include value added tax.
Unless otherwise stated, all shipping costs shall be calculated extra and must be paid by the customer. Shipping costs are displayed separately in the order process.
The right to technical changes, errors and misprints remains reserved, in particular, ZUYA may change the prices at any time and without prior notice. Consultations and support services are not included in the sales prices.
5. CONCLUSION OF CONTRACT
The offers on this website represent non-binding invitations to the customer to order products and/or services from ZUYA. Upon ordering online, including the acceptance of these GTCs, the customer makes a legally binding offer to conclude a purchase agreement. In response, ZUYA sends an automatic “order confirmation” per e-mail, which confirms that ZUYA has received the customer’s offer. Orders placed are binding for the customer. Unless otherwise stated, there is no right to return or withdraw.
The contract takes effect as soon as ZUYA sends an acceptance declaration per e-mail, in which the dispatch of the ordered products or services is confirmed.
Orders shall be delivered only after receipt of full payment (exception: delivery on invoice) and where the productdS are available. Should it appear that the ordered products cannot be delivered in part or in full, ZUYA is entitled to withdraw from the entire contract or from parts thereof. If payment by the customer has already been received by ZUYA, the payment will be reimbursed to the customer. If no payment has yet been made, the customer shall be freed from the obligation to pay. In the event of the dissolution of the contract, ZUYA is not obliged to provide a replacement delivery.
6. PAYMENT OPTIONS AND RESERVATION OF OWNERSHIP
Only those payment options given during the order process are available to the customer.
ZUYA is the direct counterpart for customers with billing and payment questions.
ZUYA can assign the debt collection to external debt collection companies or specialized service providers (e.g. MF Group Factoring AG) and assign the claims to collection service providers. At the same time, customers’ data can be forwarded to the collection service providers as part of this collaboration. Here you can find general the Terms and Conditions of the MF Group Factoring AG.
ZUYA reserves the right to exclude customers from individual payment options, or to insist on prepayment, without providing any reason. If payment is to be made in advance, the amount must be transferred within 15 working days.
In the event of a default of payment, ZUYA may charge a default interest of 5% per annum as well as a reminder fee of a maximum of CHF 20.00 per reminder. If it comes to a compulsory execution, the customer will be charged a CHF 80.00 handling fee.
The products delivered to the customer remain the property of ZUYA until full payment has been received.
7. DELIVERY, INSPECTION OBLIGATION, COMPLAINTS AND RETURNS
Deliveries shall be dispatched per post or courier service to the address given by the customer when ordering. Invoices are sent is per e-mail or post. All benefits and risks are transferred to the customer upon dispatch.
The offered items are usually in stock.
ZUYA dispatches orders within 48h, provided the products are in stock and payment has been received. If a ordered product isn’t in stock, ZUYA will contact the affected customer and keep him/her informed about the status of the order.
If the goods cannot be delivered or if the customer refuses to accept the delivery, ZUYA may terminate the contract after reprimanding the customer by e-mail or letter and after an appropriate notice period, and may charge the customer for the costs of the inconvenience.
The customer is obliged to check the delivered goods immediately after receipt of delivery and to report any defects for which ZUYA is liable by letter or e-mail within 3 days. The product shall not be considered as defect and cannot be returned if the customer is unhappy with the product’s appearance, quality or effect. Any claims for damages arising from this by the customer are void.
Returns shall be at the customer’s expense and risk. The customer must return the goods in the original packaging, together with all accessories and including the delivery slip and a detailed description of the defects to the address provided by ZUYA.
Should no detectable defects be found upon inspection by ZUYA or should the defects not be covered by the manufacturer’s warranty, ZUYA may charge the customer for the inconvenience or any disposal charges.
8. RIGHT OF WITHDRAWAL
The customer is granted a right to withdraw within 10 calendar days of receiving the goods. The deadline is deemed to have been met if the customer sends a written revocation to ZUYA per e-mail or letter within the deadline. No reason must be given for withdrawal.
Exercising the right to withdraw leads to the unwinding of the contract. The customer must return the goods within 5 calendar days, in the original sealed packaging, together with all accessories and the delivery slip, to the address provided by ZUYA. Returns shall be at the customer’s expense and risk. Any payments made will be reimbursed to the customer within 60 calendar days, provided ZUYA has received the goods or the customer can produce proof of dispatch.
ZUYA reserves the right to demand appropriate compensation for any damages, unreasonable use or loss in value due to improper use, and to deduct the amount from any purchase payments already made, or to invoice these costs to the customer.
No right of withdrawal is granted in the following cases:
- If the contract contains a random element, namely because the price is subject to fluctuations, on which the provider has no influence.
- If the object of the contract is a moveable item that is not suitable for return due to its nature, or which can spoil quickly;
- If the object of the contract is a moveable item that has been produced in accordance with the demands of the customer or which is clearly tailored to personal requirements;
- In relation to accommodation, transportation, food and beverage and recreational activities, when the supplier agrees to provide the services at a specific time or within a specified period of time;
- If the object of the contract has digital elements and these elements aren’t at the suppliers disposal or the contract is to be executed immediately by both parties;
- If the object of the contract is a service and the contract is executed before the withdrawal deadline with the customer’s explicit consent;
- If the object of the contract contains cannabis. If cannabis is ordered, the customer does not have the right to withdraw.
ZUYA attempts to deliver goods in faultless condition. As ZUYA’S main product is cannabis the legal warranty period of two years from the date of delivery does not apply. ZUYA is entitled to decide whether warranty shall be provided in the form of free repair, replacement with an equivalent, or reimbursement of the purchase price. All other claims are excluded.
The warranty does not cover normal wear and tear, or the consequences of improper use or damages caused by the customer or third parties, as well as defects that are ascribable to external circumstances. Also, no warranty is given for consumable or expendable parts (e.g. batteries, cannabis).
It is not possible for ZUYA to guarantee or assure the actuality, completeness or correctness of the data, or the constant, uninterrupted availability of the website, its functions, hyperlinks or other content. In particular, no guarantee or assurance is given that the use of the website will not breach any third-party rights not owned by ZUYA.
ZUYA rules out all liability, irrespective of the legal reason, as well as compensation claims against ZUYA and any ancillaries or vicarious agents. In particular, ZUYA is not liable for indirect damages or consequential damages, lost profit or other personal, material or purely financial damages incurred by the customer. An extended mandatory legal liability, for example for gross negligence or criminal intent, remains reserved.
ZUYA uses hyperlinks solely to ease of access to other web offers. ZUYA cannot know these web offers in detail, nor can it assume any liability or responsibility for the contents of these websites.
11. DATA PROTECTION
ZUYA may process and use data collected during the conclusion of the contract to meet its obligations arising from the purchase contract, and may also use them for marketing purposes (sending emails). The data necessary for service fullfillment may also be forwarded to appointed service partners (logistics partners).
Click here for our data protection regulations. Data Protection
12. OTHER PROVISIONS
ZUYA expressly reserves the right to change these general terms and conditions at any chosen time and to implement these changes without prior announcement.
In the event of a dispute, only material Swiss law applies, to the exclusion of conflict-of-interest standards. The UN Sales Convention (CISG, Vienna Convention) is explicitly excluded.
Under reserve of compulsory legal venues, Bürchen (VS) is stipulated as the exclusive place of jurisdiction.
If you have any questions regarding these terms and conditions, please email us at firstname.lastname@example.org
Bürchen, 25. October 2017