Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Return

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects (Warranty)

  8. Liability

  9. Applicable Law

  10. Place of Jurisdiction

  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of Ceres Heilmittel AG (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the “Customer”) and the Seller in relation to goods displayed by the Seller in its online shop. Any terms and conditions of the Customer shall not apply unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

1.3 For the purposes of these GTC, a business customer is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 Shopify Platform: The online shop is operated on the Shopify platform (Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland). The contractual partner is exclusively Ceres Heilmittel AG; Shopify is not a party to the purchase contract.

2.3 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract by clicking the button that completes the ordering process.

2.4 The Seller may accept the Customer’s offer within five days:

/ by sending the Customer a written order confirmation in text form, in which case receipt by the Customer is decisive; or

/ by delivering the ordered goods to the Customer; or

/ by requesting payment from the Customer after the order has been placed.

If the Seller does not accept the Customer’s offer within the aforementioned period, the offer shall be deemed rejected.

2.5 If PayPal is selected as the payment method, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use.

2.6 The contract text will be stored by the Seller after conclusion of the contract and provided to the Customer in text form.

2.7 The contract may be concluded in German.

3) Right of Return

3.1 As there is no statutory right of withdrawal for purchases in Switzerland, we voluntarily grant Swiss customers a contractual right of return. Further information can be found in our Returns Policy.

4) Prices and Payment Terms

4.1 The prices stated are total prices in Swiss francs (CHF) and include the applicable Swiss value-added tax (VAT). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The available payment methods are specified in the Seller’s online shop.

5) Delivery and Shipping Conditions

5.1 The Seller delivers exclusively to delivery addresses in Switzerland. Orders with delivery addresses outside Switzerland cannot be accepted. The stated shipping costs apply to deliveries within Switzerland. Free shipping on orders of two or more items.

5.2 Delivery will be made to the delivery address provided by the Customer unless otherwise agreed.

5.3 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.

6) Retention of Title

If the Seller supplies the goods before receiving full payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

The statutory provisions governing liability for defects under the Swiss Code of Obligations (Art. 197 et seq. CO) apply. Notwithstanding the foregoing, the following applies to contracts for the supply of goods:

7.1 If the Customer is a business customer:

/ the Seller may choose the type of subsequent remedy;

/ for new goods, the limitation period for claims relating to defects is two years from delivery of the goods (Art. 210 CO);

/ for used goods, rights and claims relating to defects are excluded.

7.2 If the Customer is a consumer, the statutory warranty period is two years from delivery of the goods (Art. 210 CO).

7.3 If the Customer is a consumer, they are requested to report any obvious transport damage to the delivery service and to inform the Seller accordingly.

8) Liability

8.1 The Seller shall have unlimited liability in cases of intent or gross negligence and in the event of intentional or negligent injury to life, limb or health.

8.2 In the event of a slightly negligent breach of a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract.

8.3 In all other respects, the Seller’s liability is excluded.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the laws of the Swiss Confederation, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10) Place of Jurisdiction

If the Customer is a business customer, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office in Kesswil, Canton of Thurgau. For consumers, the statutory rules on jurisdiction under the Swiss Code of Civil Procedure apply.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings.

Contact Information

Ceres Heilmittel AG
Bachtobelstrasse 6
8593 Kesswil
Switzerland

Tel.: +41 71 466 82 82
Email: shop@ceresheilmittel.ch