1.1 BIOINKA GAECHNER (hereinafter: "BIOINKA GAECHNER" or "the seller"), a company established in Geneva, operates an online shop. The online shop's website is available at the URL: www.bioinka.ch
1.2 These general terms and conditions (hereinafter: "GTC") apply to all orders placed and all contracts concluded via the online shop.
1.3 Offers proposed via the online shop are made to customers who are either natural persons having capacity to act or legal entities domiciled, resident or established in Switzerland, France, Belgium and Luxembourg (hereinafter: "the customers").
1.4 The delivery area is restricted to Switzerland, France, Belgium and Luxembourg.
1.5 By placing an order via the online shop, the customer acknowledges that he has read, understood and accepted without reserve the GTC. The GTC's version in force at the time of placing the order shall apply.
1.6 BIOINKA GAECHNER reserves the right to modify these GTC at any time by posting a new version on its website (www.bioinka.ch). By placing an order after BIOINKA GAECHNER has posted a new version of its GTC, the customer agrees to be bound by that updated version.
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3.1 BIOINKA GAECHNER makes every effort to provide accurate products information. The products information posted on the online shop is regularly updated with the utmost care. In exceptional cases, these information may not correspond with the details printed on the product packaging. In such a case, packaging's information takes precedence. Before consuming the product, the customer has always to check the product packaging for specific information, especially about allergies or intolerances.
4.1 The presentation of products on the online shop does not constitute a legally binding offer but rather a non-binding invitation to the customer to order a product via the online shop.
4.2 The offer to enter into a sales contract is made by the customer when he/she/it places an order by clicking the "buy" confirmation button.
4.3 Once the order is placed, the customer can no longer change the content of the order nor cancel it. By clicking the "buy" confirmation button, the customer makes a binding offer to BIOINKA GAECHNER to purchase the products ordered.
4.4 Following placement of the order, the customer is automatically issued with an email documenting receipt of the order. This email can not be considered in any ways as an acceptation of the offer made by the customer.
4.5 The order's confirmation email sent by BIOINKA GAECHNER constitutes the acceptance of the offer by the seller. No contractual relationship between the customer and BIOINKA GAECHNER exists until this email.
4.6 The sales contract is only binding for products expressly mentioned on the order's confirmation email.
4.7 BIOINKA GAECHNER reserves the right to refuse an order either in whole or in part without stating the grounds. In such a case, the customer is informed and refunded for the payments already made. No other claims shall be accepted.
5.1 Prices and delivery costs are displayed in Swiss francs including value-added tax (VAT).
5.2 Only prices and delivery costs stated on the online shop at the time of placing an order shall apply.
5.3 Delivery costs are at the customer's expense.
5.4 Orders placed for additional products subject to charge such as gift packaging or cooling bags are listed separately in the shopping cart and on the invoice.
6.1 Payment of the sales price is made before delivery of the products, either by credit card (Visa, Mastercard or American Express).
6.2 In case of a payment by credit card, the data are encrypted.
Orders are dispatched by us within 24 hours on working days. The delivery times indicated by La Poste of two working days are only indicative. BIOINKA GAECHNER cannot be held liable if these delivery times are exceeded.
8.1 BIOINKA GAECHNER can deliver incomplete orders if some ordered products are not in stock.
8.2 Orders are delivered to the delivery address indicated by the customer.
8.3 The ordered products are delivered by Swiss Post.
8.4 If the customer is not present at delivery's time and in the absence of any special delivery instructions, the products will be dropped off in the letterbox, at the front door of the house, the apartment, the reception or at the entrance of the company.
8.5 The seller bears the risk that products are accidentally damaged or lost until they are left with the delivery company.
8.6 The customers will be liable for delivered products, even if he/she/it has not received them in person.
8.7 BIOINKA GAECHNER is committed to maintaining the cold chain and the optima preservation conditions for products until orders are dropped off at the delivery's address. Responsibility for maintaining the cold chain and the optima preservation conditions is transferred in full to the customer following delivery of his, her or its order.
9.1 If BIOINKA GAECHNER is unable to deliver a confirmed order by its own misconduct, it is under no obligation to carry out the delivery by any other mean. In this case, the seller will cancel the order, inform the customer by email and refund him/her/it.
9.2 The customer is not thereby entitled to any compensation.
9.3 If BIOINKA GAECHNER is unable to deliver the confirmed order due to the customer's misconduct (e.g. incorrect delivery's address), the seller is entitled to cancel the order and charge a fixed compensation fee of 7 CHF.
10.1 It is the customer’s responsibility to verify the quantity and condition of the products upon delivery.
10.2 In the case of missing or damaged products, the customer must notify BIOINKA GAECHNER in writing within 2 days after delivery (the customer must keep the product, the invoice and the delivery note).
10.3 Without a notification in writing within this period, products will be considered as fault-free and accepted.
10.4 Only hidden defects shall be subject to a notification. These must be notified as soon as they are discovered. Without any notification, they will be considered as accepted.
10.5 Any notification must be addressed to the Consumer Service.
10.6 Unless otherwise agreed, shipping costs for the return of the products are at customer's expense.
11.1 BIOINKA GAECHNER guarantees the quality and shelf-life of its products under the following storage conditions:
11.1.1 Non-refrigerated products must be stored in a cool and dry place.
11.2 The seller is not liable for default caused by an inappropriate storage from the customer.
11.3 For customers who can provide evidence confirming compliance with these storage conditions, BIOINKA GAECHNER guarantees that ordered products will meet the relevant standards until the best-before date.
11.4 In the event conditions of defect liability are given, the customer can choose between the delivery of a substitute product (if still available), a credit note and a repayment up to the sales price applicable at the order's time (to check and modify by BIOINKA GAECHNER).
11.5 The customer will be refunded according to the used means of payment.
There exists no right of return for products delivered without any defect. Warranty claims are especially excluded for products whose intrinsic quality (e.g. their taste) does not meet the customer's expectations and for products ordered by mistake.
13.1 Vouchers for online shop can be neither sold nor auctioned off.
13.2 Only one voucher may be used per order.
If any provision of these GTC is declared by a Court as null and void in whole or in part, the remaining provisions of these GTC will remain valid and shall continue to bind the parties.
In the event of any ambiguities and/or inconsistencies between the French and English versions of these GTC, the French text shall be authoritative.
16.1 These GTC shall be governed by, construed and enforced in accordance with Swiss law.
16.2 Every dispute arising out of the sales contract between the seller and the customer (formation, validity, interpretation or performance of the sales contract) or relating to this sales contract shall be submitted to the competent courts of Geneva.