General Terms applied to direct sales through the web site “freefromfood.ch”
Client: any physical or juridical person who purchases or who undertakes the purchase of Products on the web site “freefromfood.ch” from Publipoint sagl;
Terms: the present General Terms;
Order Confirmation: the written acceptance of the order from the Customer's side sent by Publipoint sagl;
Consumer: the Customer who purchases or who undertakes the purchase of Products from Publipoint sagl for purposes other than an eventual business or professional activity;
Product Offer(s): the possibility of Products offered by Publipoint sagl as described in currently used documents published on paper by Publipoint sagl and/or on their own web site, or rather on Order Confirmations;
Price: the corresponding total that the Customer has to pay to Publipoint sagl for the Products;
Products: the individual goods described in currently used documents published on paper by Publipoint sagl and/or on the own web site “freefromfood.ch”, or rather the Order Confirmations, however the Customer purchases or undertakes the purchase from Publipoint sagl;
i. The present Terms apply to all contracts for direct sales from Publipoint sagl's side to Customers through the web site “freefromfood.ch”.
ii. The present Terms exclude the application of other products, unless a different written agreement from Publipoint sagl exists.
iii. The Customer realizes and accepts that the image and the description of Products on the web site “freefromfood.ch” may deviate slightly from reality.
iv. All the Product orders are considered at the Customer's side as purchase offers of such Products, ruled by the present Terms.
v. Publipoint sagl accepts the purchase offer from the Customer under these Terms, by sending the Customer an Order Confirmation. The Customer has to check the Order Confirmation and has to contact Publipoint sagl promptly shall differences or errors be found vis-a-vis of the purchase offer. Otherwise, Publipoint sagl will ship the Product to the Customer based on the therefore binding Order Confirmation.
vi. To allow Publipoint sagl opening an order, the Customer's order total must reach the minimal amount of CHF 30.--, shipping costs excluded. For each order whose total is less than CHF 150.--, a shipping tax of CHF 8.-- is added to the total. Orders of more than CHF 150.-- are shipped free of charge.
vii. Publipoint sagl can unilaterally modify at any time the present Terms by giving a notice on the web site “www.freefromfood.ch”.
3. Price and Payment
i. The price that the Customer has to pay is indicated on the Order Confirmation and on the bill sent by Publipoint sagl.
ii. The payment has to be performed online through the Postfinance gateway, before the Product delivery. Publipoint sagl can suspend the delivery until the payment has been received.
iii. For big orders placed by non Consumers, Publipoint sagl can make changes to the price due to changes in exchange rates, taxes, insurance, freight and purchase.
iv. Shall the payment not be fulfilled within a previously agreed date, after prompt written request, default interest can be charged to the Customers, calculated on the amount due equal to the statutory interest rate. For non Consumers the interest rate will be increased by two percentage points. In case of delayed payment, Publipoint sagl can suspend the delivery and/or the supply. Eventual costs for the recovery of the credit and/or for the Products will be charged to the Customer.
i. The delivery of Products is performed only within the Swiss boundaries.
ii. The delivery date indicated on the Order Confirmation must be taken as indicative.
iii. The place of delivery is indicated on the Order Confirmation.
iv. Due to practical reasons the delivery may be split.
v. Shortages, errors or damages derived from Products or packages must be immediately notified to Publipoint sagl.
vi. In case the Customer refused the delivery of Products with no valid reason or in case the delivery were impossible for motivations due to the Customer, each derived cost will be charged, without changing the right for Publipoint sagl to expect full fulfillment of the purchase contract.
5. Ownership and Risk
i. Ownership of Products is transfered to the Customer only after the entire payment of the total Price. In case of violation of the present Terms from the Customer's side, Publipoint sagl can regain ownership of the Products at any time before the same ownership is transfered definitively to the Customer.
ii. The risk on the Products is transfered to the Customer, once handled to the carrier (postal service, carrier, etc.) selected by Publipoint sagl for the direct delivery to the Customer. The goods, therefore, travel at the Customer's risk.
i. Publipoint sagl allows a warranty on the Products that's equal to the one specified on the very same Product or the one reported in the instructions. The warranty period starts from the day Products are delivered to the Customer. Any faults on the delivered Products must be notified immediately, otherwise the warranty may be voided.
ii. Publipoint sagl, at their sole discretion, has the ability to decide whether repairing or replacing faulty Products. In both cases, the faulty Product must be shipped back to Publipoint sagl inside its original packaging.
iii. The warranty obligation for Publipoint sagl is valid only if the Customer uses the Products in an appropriate way and it does not cover Products or Product parts modified or repaired without a preemptive written permission from Publipoint sagl.
iv. The warranty obligation fails if the fault is generated by external causes such as accidents, haphazard cases, overvoltage, special environmental conditions (such as humidity), etc.
v. Publipoint sagl does not guarantee in any way that the Products are ideal for particular uses, or rather that the Products reach specific levels of performance except when previously agreed with a written statement.
vi. Unless stated differently by these same Terms, Publipoint sagl does not release any warranties nor obligations, expressed or implied, related to the conditions, the quality, the performance, the mar ketability or the Product lifetime. Such warranties are excluded in toto from these Terms.
vii. Publipoint sagl will not be held responsible for:
losses caused by faults or deficiencies in Products rectified within a reasonable time;
direct or consequential damages such as loss of business, profit, wages, compensations, data o or savings;
losses that could have been avoided if the Customer had followed Publipoint sagl's reasonable advices and instructions.
7. Impossibility of implementation
No one between both parties can be held responsible for the lack of execution caused by circumstances beyond one's control including, for example, strikes, terrorism, war, issues with delivery/transport/production, fluctuations in exchange rates, government actions or regulations or natural catastrophes and all parties will have the right for a reasonable extension of the time for fulfillment. Any way, if such circumstances shall last beyond 60 days, both parties will have the right to break the contract, via a written notification, without a refund being due for the other party.
8. Personal Data Protection
All personal data given by the Customer to Publipoint sagl will be stored and treated as required by applicable law. The Customer, with the present Terms, agrees Publipoint sagl could share and transfer such personal data to their accountant office in charge. By accepting the present General Terms, the Customer consents to the processing of personal data in accordance with the above.
Each party can resolve the present Contract in case the other party: (i) substantially or persistently violates the present Terms without remedying within 30 days from the other party's written request; that means (ii) becoming insolvent or unable to pay its debts as they mature. Publipoint sagl will be able to break the contract with immediate written notification shall the Customer not pay what's due .
10. Consumer Rights
Mandatory rules to protect consumers remain unaffected by these Terms.
11. Applicable Law and Jurisdiction
i. These Terms are governed by Swiss law, excluding the application of norms of Swiss private international law and will be subject to the exclusive jurisdiction of the court in Bellinzona, Switzerland.
ii. If some of the provisions of these Terms is held invalid or unenforceable by a court, this does not entail the invalidity or ineffectiveness of the other provisions.
iii. The parties expressly exclude application of the Vienna Convention on Contracts for the international sale of goods.