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General terms and conditions of business

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1. Scope of application
The following General Terms and Conditions (GTCs) apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed to either their commercial or independent business activity. A business is a natural person or legal entity, or a partnership with legal capacity, which acts in the exercise of its commercial or independent business activity when concluding a legal transaction.

With respect to businesses: If the business uses contradictory or supplementary general terms and conditions of business, their validity is hereby objected to. These will only become an integral component of the contract where we have expressly agreed to the same.

2. Contracting parties, conclusion of contract, changes
The purchase agreement is concluded with Loving-Nutrition GmbH.

By placing the products in the online shop, we are making an unbinding offer to conclude a contract regarding said items. You may first add our products to the shopping cart without obligation and make changes before submitting your binding order at any time using the relevant tools provided and explained during the order process. The contract is concluded by clicking the Order button to accept the offer for the goods added to the shopping cart. You will receive a confirmation by email immediately after submitting the order.

3. Contract language, storage of contract text
The language(s) available for conclusion of the contract: German, English, French, Italian

We store the contract text and send you the order details and our GTCs in text form. The contract text is no longer accessible via the internet for security reasons.

4. Delivery terms
In addition to the specified product prices, shipping costs may also apply. Please see the products for further details about any shipping costs.

We only supply goods by mail order. We regret that it is not possible to collect the goods in person.

We do not deliver to packing stations.

5. Payment
In our shop, the following payment methods are available to you:

  • Credit card Mastercard / Visa

You enter your credit card details when submitting the order. Your card will be charged immediately after placing the order.

  • Apple Pay

When placing your order, you provide your account details. Your account will be debited immediately after placing the order.

  • Twint

When placing your order, you provide your account details. Your account will be debited immediately after placing the order.

  • PayPal

To enable payment of the invoice amount using the PayPal payment option, you must be registered with PayPal, prove your identity using your login credentials and confirm the payment instruction. The payment transaction is executed by PayPal immediately after the order is placed.

  • Credit card via PayPal

Your card will be debited by PayPal after shipment of the goods.

6. Right to cancel

A right of revocation of the purchase contract is basically not possible.

A withdrawal from the contract on the part of the customer is only possible in exceptional cases according to the following provisions of these GTC and additionally according to the provisions of the Swiss Code of Obligations.

7. Transport damage
For consumers: If goods are delivered with obvious transport damage, please lodge a complaint about such defects with the delivery agent as soon as possible and contact us immediately. Failure to complain or contact us will not affect your statutory rights, or enforcement of the same, and in particular your warranty rights, in any way whatsoever. Doing so helps us assert our own claims against the carrier or transport insurer, however.

8. Warranty and guarantees

In the event of loss, damage or incorrect delivery of PostPac Priority parcels, the Post CH AG commissioned by the provider shall be liable within the framework of its general terms and conditions "Postal services for business customers". Any liability on the part of the provider for this is excluded.

The provider guarantees that the goods have the warranted characteristics, have no defects impairing their value or suitability for the intended use and comply with the prescribed services and specifications. In the case of services, the provider warrants careful action.

The buyer must inspect the delivered goods as quickly as possible and report any defects immediately, within 7 working days. If the notification of defects is not made or is delayed, the purchased goods are deemed to have been approved and the warranty rights are forfeited. Payment shall not be deemed a waiver of notice of defects. 

Customer service: You can contact us for any queries, claims and complaints on weekdays from 08:00 to 12:00 and from 13:00 to 17:00 on the phone number +41 52 301 3000 and by email at info@loving-nutrition.ch.

9. Liability
We will always be liable, without restriction, for claims due to damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty, in the event of warranty commitments, where agreed upon, or where the field of application of the Product Liability Act applies.
In the event of a breach of material contractual obligations, which must be fulfilled to enable proper performance of the contract and on which the contractual partner may generally rely (cardinal obligations) due to minor negligence by us, our legal representatives or our vicarious agents, our liability will be limited to the amount of damages foreseeable, and to be typically expected, upon conclusion of the contract.

Any other claims for compensation are hereby excluded.

10. Dispute resolution

Swiss law shall apply unless another law is mandatory.

The place of jurisdiction shall be Schaffhausen, unless the law provides for mandatory places of jurisdiction.

 

11. Final clauses

If parts of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced by the relevant statutory provisions.

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