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GTC

General Terms and Conditions (GTC) of Greenview Switzerland AG

1. Applicability and scope

The following general terms and conditions (hereinafter referred to as “GTC”) apply to all business relationships between Greenview Switzerland AG (hereinafter referred to as “Greenview Switzerland AG”, “us” or “we”) and the customer (hereinafter referred to as “customer”, “buyer” or "You") for products (hereinafter referred to as "products" or "goods") that are sold via our website www.greenview.ch (hereinafter referred to as the “online shop” or “website”).

The online shop is operated by:

Greenview Switzerland AG
Birkenstrasse 47
6343 Rotkreuz
Switzerland

UID number: CHE-356.998.867

Individual agreements concluded with the customer take precedence over these terms and conditions. Conflicting conditions of the customer are not recognized.

Greenview Switzerland AG reserves the right to change these terms and conditions at any time. All changes will take effect when the new terms and conditions are published on the website. When purchasing a product, the relevant point in time for the applicability of the valid terms and conditions is the date on which the binding order is submitted to us.

Please read these terms and conditions carefully before you place a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our data protection declaration and declare that you are authorized to conclude legally binding contracts and that you are at least 18 years old.

The UID no. is the company identification number that is published in the commercial register.

2. Conclusion of a sales contract

The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. Greenview Switzerland AG expressly reserves the right to change the products themselves as well as the content, such as images, assortment, prices and the descriptions of our products, at any time and without prior notice. Illustrations, pictures, brochures, advertising and other information in connection with our products are for informational purposes only and are not binding on Greenview Switzerland AG.

The customer can place a binding order for the products he has selected via our online shop. The customer can put the products he chooses in the «shopping cart». This does not yet count as a binding order. An order is only considered binding when the customer clicks on the “Pay now” button on the order page at the end of the order process. Before submitting the order, the customer can change and view the information at any time, recognize any input errors and, if necessary, correct them before the binding final submission of the order.

An order confirmation will be sent to the customer immediately and automatically by email. This confirmation e-mail contains the data of your order and our terms and conditions that you accepted during the ordering process. The confirmation email only serves as information that we have received your order. The automatic order confirmation does not yet result in a sales contract. By submitting the order, you confirm that you have read the terms and conditions and that you agree to them without reservation. We recommend that you print out the terms and conditions for the purpose of online ordering and your documentation or save them on your computer.

After you have submitted a binding order, Greenview Switzerland AG is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by email and without assuming liability to you or third parties. We will reimburse you for any payment that has already been made when you cancel the order. Reasons for the rejection of an order can be, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment or if there is reason to believe that the customer has violated these terms and conditions, individual contracts, fraudulent or other criminal law Activities or for any other important reason.

When the order is accepted, a binding sales contract is created with the customer. This acceptance takes place through the dispatch of the ordered products.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and reservation of performance for products that cannot be delivered

All information about the availability, shipping and delivery of a product is preliminary and approximate. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.

Our products are available while our supplies last. If, while processing your order, Greenview Switzerland AG discovers that the products you have ordered are not available, we will inform you immediately. In this case, a contract for the non-deliverable products will not be concluded because the ordered products cannot be delivered.

We also reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by email.

4. Prices and shipping costs

Our products and prices correspond to those indicated on the website. All prices are given in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 7.7% and, if applicable, the indication of any other charges / fees. The total price of your order, including all additional and shipping costs, is displayed at the end of the ordering process. When shipping to countries outside of Switzerland, additional customs fees may apply. These are not included in the price and must be paid for by the customer.

With the binding order you declare that you agree to the total price for the ordered products. After the binding order, the price can no longer be adjusted.

Greenview Switzerland AG reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time the binding order is placed.

5. Terms of payment / credit check

The orders are generally due for payment immediately.

The customer has the option of paying with the means of payment that are displayed on the website or during the ordering process. These can change from time to time as well as country-specifically. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods we use (for example, to hedge our credit risk, only those according to the respective creditworthiness). Greenview Switzerland AG is expressly authorized by the customer to carry out credit checks at its own discretion and, for this purpose, to pass on customer data to third parties if necessary.

By choosing the means of payment, the customer authorizes the payment either by entering the credit card details or the access details of a payment service provider. The customer authorizes Greenview Switzerland AG to collect or collect payments in the appropriate way. If there are chargebacks, Greenview Switzerland AG is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Greenview Switzerland AG is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of the processing of your payment according to your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for the collection and the address details and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, Greenview Switzerland AG reserves the right to cancel the order and stop shipping the products. In this case we will contact you immediately. 

When paying by invoice, the customer receives the invoice with the payment slip with the delivery of the goods or by email. Payment must be made using the payment slip within the payment period specified on the invoice. If payment is not made on time, Greenview Switzerland AG is entitled to offset its expenses for each reminder of at least CHF 50.– and other costs associated with the collection as well as the statutory default interest. Should the initiation of a debt enforcement be necessary, we will charge an additional processing fee of at least CHF 200.–. 

6. Terms of delivery

The delivery takes place via the delivery service of the Swiss Post AG. For deliveries to Switzerland, the shipping costs are borne by Greenview Switzerland AG. The following delivery services are used for deliveries to the EU: Swiss Post AG or couriers such as DHL, TNT. The desired delivery service can be defined during the ordering process. The costs incurred must be paid in advance by the buyer.

The products that you order in our online shop and that are in stock will be delivered to you within 1–8 working days after receipt of full payment, depending on the destination.

If the products are marked as not in stock when the order is placed, Greenview Switzerland AG will endeavor to deliver the products as soon as possible. Greenview Switzerland AG does everything in its power to adhere to the specified delivery times. However, Greenview Switzerland AG is not responsible for delivery delays, regardless of their causes. We will inform you immediately about any delivery delays.

If the performance hindrance lasts more than 4 Weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.

If the delivery of the product fails through the fault of the customer despite a one-time delivery attempt, Greenview Switzerland AG can withdraw from the contract. Any payments made will be refunded immediately.

7. Retention of Title

Greenview Switzerland AG remains the owner of the delivered products until they have been paid for in full.

8. Right of withdrawal and return

requirements

For all purchases of our products via our online shop (with the exception of certain products; see the cancellation restrictions below), you have a verbsmoker You are entitled to a right of withdrawal within 5 days of receipt of the products without giving reasons. You can withdraw from the contract within 5 days of receipt of the goods or a third party named by you who is not a carrier by sending the goods back to us or sending us a clear declaration of cancellation in writing (e.g. a letter sent by post, E. -Mail or fax) of your decision to withdraw from the contract. The 5-day return period begins on the day after receipt of the goods and is met if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day. You can use the model withdrawal form, which is available under the following link, but which is not mandatory.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete and intact, if possible in the original packaging. The goods plus the completed return form must be returned to the following address:

Greenview Switzerland AG
c / o TW4 GmbH
Industriestrasse 3
8575 Bürglen
Switzerland

consequences

If you withdraw from the contract and the goods are properly returned, we will reimburse the total price you paid, excluding delivery costs (with the exception of the costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us ) immediately and at the latest 14 days from the day on which we received notification of your cancellation of this contract or we received the goods. The repayment is based on the payment method originally used and is always made to the associated account that was used for the payment, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. Please ensure that you have access to the specified account, as Greenview Switzerland AG assumes no liability in this regard.

We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Withdrawal restrictions

The right of withdrawal does not apply to contracts for the delivery of products that have been customized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products) or if the delivery concerns products that are not for health or hygienic reasons are suitable for return and whose packaging was opened after delivery.

Als Consumers within the meaning of EU Directive 2011/83 on the rights of consumers are natural persons who act outside their commercial, business, craft or professional activity.

9. Notification of defects / warranty

Greenview Switzerland AG guarantees that the goods correspond to the warranted properties and do not have any defects that would impair their value or their suitability for the intended use.

After receiving the products, the customer must immediately check them for correctness, completeness and possible damage. Errors or damage must be reported to Greenview Switzerland AG within 5 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the goods are considered approved and you are no longer entitled to assert claims against us.

The statutory warranty regulations against manufacturing defects / material or production defects apply. The warranty period is 2 years from receipt of the product. Products that have been damaged through the fault of the buyer are excluded from the guarantee.

The customer's warranty claims are limited to replacement delivery or the removal of defects / subsequent improvement to the exclusion of all other claims, in particular reduction or replacement of indirect and consequential damage. Greenview Switzerland AG decides at its own discretion about replacement delivery or subsequent improvement. If subsequent delivery or improvement fails, the customer is entitled to withdraw from the contract in the event of significant defects.

For complaints or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:

Greenview Switzerland AG
Birkenstrasse 47
6343 Rotkreuz
Switzerland

Existing orders: service@greenview.ch
Large orders & B2B: info@greenview.ch

The defective product must be returned with a copy of the invoice and a detailed description of the defect to the above address of Greenview Switzerland AG. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a package loss. 

10. Registering for an Account

When registering a customer account, you can view information about your completed, open and recently sent orders and manage and save your address data, any payment data and any newsletter. Since your data is stored, you do not have to enter it again when you buy again.

If you register for such an account, you are responsible for ensuring that your personal data required for registration are provided truthfully and completely. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. Greenview Switzerland AG guarantees that your data will be treated confidentially and not passed on to unauthorized third parties. For more information on data protection, please refer to our data protection declaration.

Registration is free. Each customer is only entitled to maintain one customer account. We reserve the right to delete several applications and to warn registered customers who violate these terms and conditions or individual agreements, to block them or to delete or change the content.

Greenview Switzerland AG is not obliged to accept the registration or order from a registered customer.

11. Complaints and Complaints

We attach great importance to customer satisfaction. You can reach us at any time using the contact information given at the beginning. We endeavor to examine your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your input or complaint. If you have any complaints or complaints, please help us by informing us of the exact problem or the error signs and, if necessary, providing a copy of the order documents or at least providing the order number, customer number, etc. We aim to reply to you within 5 working days.

12. Liability

If Greenview Switzerland AG breaches its own obligations from these terms and conditions and the contractual relationships based on them, it is liable for damage that it has caused and proven through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damage, whether due to a contract, an unlawful act or any other reason. Indirect damage includes, for example, lost profit, financial damage, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of the services of Greenview Switzerland AG. In addition, Greenview Switzerland AG assumes no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.

The above exclusions and limitations of liability do not apply to Greenview Switzerland AG directly caused culpable injury to life, body and health as well as in the case of mandatory legal regulations, including the regulations of the Product Liability Act.

Subject to the above, the total liability according to these terms and conditions, regardless of the reason, and as far as legally permissible, is limited to the price of the goods that the customer ordered from us.

Event beyond our control

If an event occurs that is beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations arising from these terms and conditions and the contractual relationship based on them. An event outside of our sphere of influence occurs, for example, in the following cases:

In the event of strikes, lockdowns or other industrial acts by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use the rail, Shipping, air, motorized routes or other means of public or private transport.

If an event occurs outside of our sphere of influence that affects the fulfillment of our obligations within the contract, we will inform you about this as soon as possible.

Liability can also be in another form, within the legally permissible framework, in particular taking into account the elimination of liability due to a defect in the object of sale according to Art. 199 OR (according to which the elimination of liability is invalid if the seller has fraudulently concealed the warranty defects from the buyer ) and the use of abusive terms and conditions according to Art. 8 UWG.

13. Data protection

Greenview Switzerland AG collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration, which forms an integral part of these terms and conditions.

14. Copyright

The information and content published on the website are protected by copyright and are the property of Greenview Switzerland AG or the respective rights holder. The duplication, processing, distribution or any other form of exploitation require the prior written consent of the respective rights holder. Greenview Switzerland AG and the corresponding rights holder expressly reserve all rights in this regard.

15. Severability clause

Should one of the provisions of these terms and conditions be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these terms and conditions.

16. Online dispute resolutionine

The European Commission has set up an online platform for alternative dispute resolution procedures for consumers based in the EU, which provides an out-of-court procedure for the settlement of all disputes in connection with and from online sales contracts. You can use this platform to settle disputes that arise from the transaction with usconcluded online contract. The platform is under the following link http://ec.europa.eu/consumers/odr/ availavailable.

Tuesdaye The obligation to provide information only applies to Swiss online retailers who also have a branch in the EU. On the other hand, it does not apply to Swiss online retailers who only sell their products to EU consumers.

17. Applicable law and place of jurisdiction

Substantive Swiss law, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), applies exclusively to these terms and conditions, the contractual relationships based on them and any disputes.

The place of jurisdiction for natural persons is the seat of Greenview Switzerland AG or at the customer's place of residence. For legal persons, the seat of Greenview Switzerland AG is the exclusive place of jurisdiction.  

These provisions only apply insofar as there are no mandatory provisions of the law of the state in which the consumer has his habitual residence, which take precedence over these terms and conditions.