(1) These General Terms and Conditions for the Sale of Products (“Terms”) (together with the following documents Privacy and Return & Repair Guidelines) govern the offer and sale of products of ToBeWell GmbH (“Products”), on the website https://hornyflava.ch/shop (the “Website”).
Please read these Terms and Conditions thoroughly before ordering a product on the website. By ordering our products on the website, you agree to be bound by these Terms and Conditions.
The products offered are distributed by ToBeWell GmbH, with registered office/domizil in Switzerland, Steinwiesenstrasse 1, 8952 Schlieren, commercial register number CHE-113.374.769.
For further legal information, please also visit the following areas on our website: Privacy and Return & Repair .
(2) The range of goods on offer in our webshop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. We offer our products for sale on the Website, including our electronic trading services, exclusively to consumers, i.e. to any natural person acting for purposes that are outside of their commercial or commercial activities or their profession. If you are not a consumer, please do not purchase any product(s) on the website. We reserve the right not to process orders placed by non-consumer users or other orders that do not comply with our business principles.
(4) We deliver within the territory of the Swiss Confederation, the Principality of Liechtenstein and the whole of Europe.
(5) Contract language is exclusively German.
(6) You can access https://hornyflava.ch/agb and print the current terms and conditions from our website.
(1) The presentation of goods in our webshop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in our webshop (invitatio ad offeren-dum).
(2) Clicking on the button “Order now” you make a leagaly binding purchase offer.
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This acknowledgement of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the acknowledgement of receipt. All orders are subject to acceptance and availability. Your order is an offer to us to purchase the product(s) that are included in your order to which you are bound for a period of 14 days.
(4) Your offer is deemed to have been accepted and the corresponding purchase agreement shall enter into force from the moment we send the Product and you will receive a confirmation email providing information on the acceptance of your Offer, the time of shipment, the Characteristics of the purchased products, a detailed breakdown of the price paid for each product, as well as delivery costs and details.
(5) You can access your order form by clicking on the section called My Account, Check Order Status.
(6)ToBeWell GmbH reserves the right not to accept your order at its sole discretion. In this case, we will inform you by e-mail of the cancellation of the order.
(7) By submitting your order, you accept these Terms and Conditions and other terms and conditions that are kept on the Website (including Data Protection and Return or Repair Policies) and declare that you will comply with these Terms.
(8) We strongly invite you to print a copy of these Terms and Conditions and the order form via the printing option.
(1) The prices stated on the product pages include the statutory value added tax and other price components and are understood to be exclusive of the of the respective shipping costs.
(2) Prices are subject to change. However, such changes do not affect the price or description of the products for which you have already placed an order.
(3) Although we have taken all reasonable care to ensure that the prices stated on our website are correct at the time of their publication, errors may occur. Prices are confirmed when you receive an order confirmation email showing the various costs.
(1) Payment shall be made optionally:
– Cash payment
– Credit card
(2) If you select the payment method prepayment, we will give you our bank details in the order confirmation e-mail. In the case of advance payment, the delivery of the ordered goods will only take place after the full amount has been credited to our account. If your payment after sending the order confirmation email does not arrive withus us within 10 calendar days, we withdraw from the contract. This means that your order is void and we do not have to deliver.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (“Authorization”). The actual debiting of your credit card account takes place at the time when we ship the goods to you.
(4) We take all reasonable care to make our website safe. All credit card transactions on our website are processed through Cybersource, a secure online payment portal that encrypts your card details in a secure host environment. Your credit card details are securely stored on an appropriate platform. This information is fully encrypted and used only to process card transactions that you have arranged to provide a refund in the event of a return or non-availability of the products, or to report fraud to the police.
(5) To ensure that your credit card is not used without your consent, we will validate your name, address details and other personal information provided by you when placing the order through cybersource Corporation facilities offered.
(1) You are only entitled to set-off if your counterclaim has been legally established or is not disputed by us.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
(1) The products offered on this website are supplied exclusively in Switzerland and to the Principality of Lichtenstein.
(2) Unless otherwise agreed, the goods shall be delivered from our warehouse to the delivery address indicated by you. However, we are not able to deliver to addresses such as mailboxes or field mail. Orders with these delivery details will be automatically cancelled.
(3) The order status update contains information about the carrier and the corresponding transmission tracking number(s) as soon as your order status is changed to “shipped”.
(4) We make every effort to deliver the products on the expected delivery date, which is indicated in your order form and during your check-out. However, this delivery date is not binding and we are not liable for delivery delays.
(5) All shipments require a legible signature of the customer upon delivery.
(6) In the event that we are unable to deliver the ordered items within 30 days of the conclusion of the contract, you are entitled to terminate the contract and demand a full refund of your order.
(7) After full and correct payment, delivery and signature of the package, the Products will become your property and you will assume full responsibility for the Products.
(1) You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you (or a third party named by you who is not a carrier) have taken possession of the goods (or has).
(2) In order to exercise your right of withdrawal, you must inform us, ToBeWell GmbH or by e-mail to: email@example.com by means of a clear statement (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(3) Consequences of revocation
If you withdraw from this contract, we will provide you with all payments received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have a type of delivery other than the cheapest one offered by us. standard delivery) without delay and at the latest within 14 days from the day on which we received notification of your revocation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the complete goods to us (ToBeWell GmbH, Steinwiesenstrasse 1, 8952 Schlieren) immediately and in any case no later than 14 days from the day from which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the direct costs of returning the complete goods. You must pay for any loss in value of the goods, provided that our examination of the goods with regard to the nature, characteristics, functioning and lack of labelling shows that the loss of value is due to your improper handling of the goods.
(4) For more information, see: Return & Repair
(1) If goods with obvious transport damage are delivered, please complain to the delivery company immediately and please contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.
(1) The statutory complaint regulations apply. Excluded from the complaint are damages caused by natural wear, improper use and lack of or incorrect care.
(2) In the event of a complaint, please contact:
ToBeWell GmbH, Steinwiesenstrasse 1, 8952 Schlieren
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the sales law.
(2) ToBeWell GmbH warrants to the consumer that the products we supply via this website comply with the specifications and are free of substantial defects and manufacturing defects for a period of twelve (12) months from Delivery.
(1) Depending on the quality of your Internet browser and/or monitor, the products shown on the Website may not be complete with the genuine products in terms of appearance, dimensions and color.
(2) In addition to cases of gross negligence and fraud, we shall not be liable to the Buyer for any loss of profit or damage of any kind resulting from or in connection with these Terms or in connection with claims made by third parties against the buyer of the product. to stand.
(3) Although we have taken all measures to ensure that the information on the website is accurate at the time of its publication, no warranty or promise (including liability to third parties), express or implied, is made in relation to their accuracy or completeness or appropriateness for the purposes of us or the companies of our group.
(4) The total amount of liability of us with respect to the purchase of products under the application of the GTC is limited to the amount paid by the buyer for the purchase of the products.
(5) The statutory liability requirements with regard to consumers remain unaffected.
(1) In the event of strikes, difficulties or other events which are based on generally or locally exceptional conditions and which would affect the delivery of the products, we may postpone or cancel the delivery until a later date.
(2) We shall not be liable for any failure, suspension or termination of access to the Website if this is caused by an event beyond our reasonable control.
(1) Our contact details are as follows:
ToBeWell GmbH, Steinwiesenstrasse 1, 8952 Schlieren, Switzerland
Commercial register number: CHE-113.374.769
1. If a court or competent administrative authority declares any provision of these Terms and Conditions void or unenforceable, such nullity or non-enforceability shall have no effect on the other provisions of these GtC that are fully in force as well as the purchase contract.
(1) These General Terms and Conditions and the other guidelines of the Website are governed by and construed in accordance with Swiss law. Disputes arising in connection with these General Terms and Conditions shall be subject to the non-exclusive jurisdiction of the court at the registered office of the Company, without prejudice to the consumer’s right to bring an action under the place of jurisdiction of the establishment.
(2) These General Terms and Conditions for the sale of products are subject to renewal and supplementfrom from time to time. The version published on the website is the one that is currently in force. The sale of the products is subject to the terms and conditions for the sale of products published on the website on the date of your submission of the order form.
These General Terms and Conditions for the Sale of Products will enter into force on January 1, 2018.