FARFALLA ESSENTIALS AG ONLINE-SHOP General Terms and Conditions (GTC)
1. Scope of Application
Farfalla Essentials AG (hereinafter referred to as "Farfalla") renders all of its services and provides all of its products ordered from the Farfalla Online-Shop exclusively on the basis of these GTC in the version in effect at the time the order is placed. By submitting an order to Farfalla Essentials AG, the customer acknowledges these GTC. The option to place orders online is available only in the territory of Switzerland and Liechtenstein.
Written agreements that deviate from these GTC between Farfalla and the customer may be made on a case-by-case basis.
Product information provided in the Farfalla Online-Shop shall be non-binding and Farfalla Essentials AG does not assume any liability for its correctness, completeness or topicality. Farfalla reserves the right to change this information at any time. Moreover, the quality standards, botanical designations, sourcing information, samples and specimen of the products shall be non-binding and may be changed at any time.
3. Pricing Information
All prices are quoted in Swiss Francs (CHF) and include Value Added Tax (VAT). These prices do not include the cost of packaging and shipping.
We reserve the right to change our prices at any time.
4. Purchase Orders
Orders shall be placed online on the Internet ordering page of the Farfalla Online-Shop. Offers made in the Farfalla Online-Shop shall be considered invitations to make purchases only.
An order placed by a customer shall be considered binding upon the former. The customer shall be liable for the online order placed and the order shall be processed in the manner received by Farfalla without any further verifications with the customer.
Farfalla shall have the right to reject any order at any time at its discretion without citing reasons. In this case, Farfalla shall notify the customer. A purchase agreement shall not have been made until Farfalla has shipped the ordered products or confirmed shipment to the customer.
Farfalla shall not assume any liability for transmission errors or incorrect entries made by the customer on customer’s device. In the event of transmission errors or incorrect computer entries, the customer shall not be entitled to rescission from the purchase agreement.
Farfalla does not assume any warranties for the availability of any ordered products and reserves the right to not deliver items that are not available, e.g. if they are not available for delivery or if the full order for an item cannot be delivered. Farfalla shall notify the customer of any items that are not available and have thus not been delivered. Farfalla shall not place undelivered items on back-order and deliver them once they become available, which means that the customer must order these items again if customer still wishes to receive them.
Farfalla reserves the right to deviate from the purchase order in the event that a product is not available for ad-hoc delivery and to ship a different, available product, which has the same properties that the ordered product has.
6. Terms of Delivery
The delivery time depends on the circumstances at the time the order is placed. All delivery times and dates are non-binding estimated times. The customer shall not be in a position to construe any entitlements from non-compliance with these times.
The customer shall undertake to accept the goods and pay for them.
Delivery shall be made via A-Post (Swiss Postal Service Priority Mail) or, if packed on palettes, via freight forwarder.
We charge a small order surcharge of CHF 8.00 for orders up to a total order value of CHF 60.00.
Shipping is free for all orders.
7. Payment Terms
The customer shall pay the total amount due via credit card (VISA, Eurocard, Mastercard, American Express) or Postfinance Card and shall enter the respective credit card information on customer’s device. In conjunction with the online ordering process, the credit card data shall be transmitted in an encrypted format. Farfalla shall archive customer’s credit card data in its system and shall obtain an authorization with the credit card company online. If an authorization cannot be obtained, Farfalla shall have the right to promptly reject customer’s order.
On customer’s credit card statement, purchases will appear under "Farfalla Essentials AG." Farfalla’s system does not permanently archive the credit card number entered.
Customers have the option to place purchase orders on account. Invoices for such purchases shall be due for net cash payment within 10 days after the order is placed. Orders due must be paid prior to the placement of any additional order. In the event of payment default, Farfalla shall have the option to suspend subsequent orders. The costs for sending reminders and late payment interest shall be billed to the customer.
8. Right to Revoke and Return of Goods
Goods the customer has received based on a customer order may be returned to Farfalla by the customer within 14 days after receipt without citing grounds, provided the goods have not been used, are still in their original packaging and in perfect condition. The return of goods shall be deemed a revocation of the purchase order. The customer shall return the goods at customer’s own risk, liability and expense, unless Farfalla’s shipment was incorrect. The right to revoke shall not be available for goods that have been manufactured in compliance with customer’s special instructions, or for goods that are highly perishable or that have exceeded their expiration date.
Returns must be sent to: Farfalla Essentials AG, Florastrasse 18b, 8610 Uster
All returns shall be credited to the customer’s account with Farfalla. The credit shall be set off against future orders the customer places with Farfalla. If Farfalla does not hold any pending accounts receivable due from the customer, the credit note shall be disbursed to the customer upon request.
9. Title Retention
Until the full price and all related costs, including late payment interest due, have been paid, the goods ordered by the customers shall remain the property of Farfalla. Farfalla shall have the right to register a title retention in the title retention register at customer’s place of domicile.
If the customer should be in default of payment of the purchase price, Farfalla shall be the right to promptly rescind from the Agreement and to seize the goods.
10. Liability Exclusions and Warranty
Farfalla shall not assume any liability for errors in figures, prices, copy or because of late delivery or non-shipment.
Upon handover of the goods to the transportation company, Farfalla shall have fulfilled all of the following obligations vis-à-vis the customer arising from the purchase order and the right to use as well as the risk shall transfer to the customer. Farfalla shall not assume any liability in the event that the goods are not handed over directly to the customer by the transportation company, but are left on the doorstep by the transportation company in customer’s absence or handed over to a neighbor, etc.
The customer shall undertake to promptly check the goods upon receipt and shall communicate any deficiencies to Farfalla in writing within seven days after receipt of the goods. In the event of deficiencies, the customer’s rights shall be limited to the demanding of replacement shipments or reduction of the purchase price. The customer shall not have these rights in the event of minor deficiencies. Incidentally, any warranty shall be excluded by Farfalla to the fullest extent permitted by law.
Moreover, Farfalla shall not assume any warranties related to its website; neither for its content nor the availability of the website to the customer or any third parties.
11. Security and Data Privacy
Farfalla shall archive the personal customer data required for the processing orders. Such information shall be treated as confidential. If necessary for the processing of the order, data may be shared with companies that are affiliated with Farfalla.
Customer payments made in the Farfalla Online-Shop are made in a protected area (Saferpay), in which data is transmitted in an encrypted manner. Farfalla is not in a position to assume any liability for the security of the transmitted data.
Any and all image material used by Farfalla is protected by applicable copyrights and may be used by the customer only subject to Farfalla’s prior consent.
12. Liability Exclusion for Third Party Links
Websites of Farfalla may contain links to third party websites. Third party websites may link to Farfalla. Farfalla does not assume any responsibility for such websites and their content or any products or services offered on such sites or any other offers made or for the compliance with data protection regulations. Farfalla distances itself from such websites. Website visitors activate such links at their own risk.
13. Governing Law and Place of Jurisdiction
The legal relationships between customers and Farfalla shall be governed exclusively by Swiss material law subject to the exclusion of the purchase rights agreed upon in the Vienna Convention. The place of jurisdiction shall be Zurich, Switzerland. However, Farfalla shall also have the right to file suit at customer’s domicile. The place of fulfillment shall be Farfalla’s business domicile.
These GTC shall be effective as of May 15, 2018. It shall supersede all Farfalla GTCs in effect for online orders until that date.