Terms and conditions of sale
1. Introduction
These terms and conditions of sale (hereinafter referred to as the “Terms”) are concluded between Plein’R Sàrl (CHE-487.466.89, a limited liability company having its registered office at route du Soleil 18, 1926 Fully), hereinafter referred to as “Spirulina-Valais”, and any natural person wishing to make a purchase via the website of “Spirulina-Valais”, hereinafter referred to as “the customer”.
These Terms set out the contractual relationship between Spirulina-Valais and the customer as well as the terms and conditions applicable to any purchase made through the Spirulina-Valais website (www.spiruline-valais.ch), physical points of sale, resellers, by telephone, email, or verbally.
By purchasing a good or service through any of the above means the customer fully and unreservedly accepts these Terms. The customer declares that s/he has read and understood these Terms and acknowledges that s/he is bound by them. These Terms will take precedence over any other general or special terms and conditions not expressly approved by Spirulina-Valais. Spirulina-Valais reserves the right to modify its Terms at any time. The applicable Terms are those in force on the date of the order placed by the customer. It is the responsibility of the customer to read them regularly in order to keep informed of any changes.
2. Goods, services and contracts
The goods and services offered by Spirulina-Valais are those that appear in the boutique on its website, subject to the limit of available stock. The photographs of the goods on the website are as faithful as possible but cannot guarantee a perfect similarity, particularly with regard to the colours.
The contract is concluded when the customer has accepted the offer to purchase the goods proposed by Spirulina-Valais. The contract is in any event concluded as soon as the customer accepts the services proposed by Spirulina-Valais as well as when s/he orders goods on the website or otherwise.
3. Price
The prices displayed on the website are in Swiss francs (CHF) and include value added tax (VAT), where applicable. They do not include shipping costs, which are invoiced in addition and are indicated before the validation of the order. Prices do not include any additional taxes that may apply. Spirulina-Valais reserves the right to change its prices at any time. The price shown on the website on the date of the order will apply to the customer.
4. Payment
The following payment methods are offered to Spirulina-Valais customers: credit cards and Twint.
The sale price must be paid in full by the customer when the contract is concluded. Once the sale price has been paid Spirulina-Valais will send the sold products. Spirulina-Valais reserves the right to require payment to be made electronically as part of the ordering process. It is not possible for the customer to offset any claims against Spirulina-Valais on the invoice amount. Confirmation of the order means that the customer accepts these terms and conditions of sale, fully understands them and waives any other terms and conditions of purchase or other conditions of her/his own.
The products are reserved for 7 days, after which the order is cancelled. The order will be dispatched after receipt of actual payment. Spirulina-Valais reserves the right not to carry out a delivery or provide a service in case of non-payment.
5. Subscriptions
An annual commitment is made by the customer when s/he buys a subscription. The price is fixed at the beginning of the subscription according to the product selected. Payment is made electronically on an annual basis at the time of the subscription. The customer must be at least 18 years old to be able to buy a subscription.
The customer must renew the subscription every year. The subscription can be cancelled or modified at any time for no particular reason. To do so, the customer must inform Spirulina-Valais of this decision by email to info@spiruline-valais.ch or in the customer area on the website.
In the event of cancellation, reimbursement will be made pro rata to the period of consumption and on the same account used for the payment. Finally, if there is a change in subscription, the discount granted will be adjusted according to the new subscription.
6. Delivery
Deliveries are currently only made in Switzerland within 15 (fifteen) working days. If you wish to receive a delivery elsewhere, please contact us.
In the case of force majeure, namely a natural disaster, earthquake, volcanic eruption, bad weather, flood, storm, avalanche, civil war, political unrest, social unrest, revolution and insurrection, terrorism, sabotage, strike or nuclear accident, Spirulina-Valais will be released from its obligation to perform the contract during the occurrence and during a period of time following the occurrence. Beyond 30 days, Spirulina-Valais is entitled to withdraw from the contract and must then fully refund the sums already paid by the customer. All other claims, in particular claims for damages due to a force majeure event are excluded.
The service is deemed to have been performed once the goods are handed over to the carrier chosen by Spirulina-Valais.
Any anomaly concerning the delivery (e.g. the good is damaged, an item included in the delivery notes is missing from the delivery, the parcel is damaged) must be indicated on the delivery note in the form of “handwritten reservations” with the customer’s signature. The customer must also complain of the anomaly by sending a registered letter with acknowledgement of receipt to the carrier within 2 working days following the date of delivery, stating her/his claim. The customer must also send a copy of this letter to Plein’R Sàrl, Rte du Soleil 18, 1926 Fully (VS).
Any delivery error or complaint concerning the non-conformity of the products delivered must be made by e-mail to info@spiruline-valais.ch within the first five working days following receipt of the parcel. After this deadline, the complaint will not be accepted. Any return of a nonconforming product must be notified to Spirulina-Valais, and approved by it, before it is carried out. The return must be made within 8 working days following receipt of the parcel. The good must be returned in full, in perfect condition in its original packaging.
Spirulina-Valais expressly reserves the right to hire auxiliaries to carry out its contractual obligations.
No exchange of goods sold by Spirulina-Valais is allowed.
7. Warranty
No warranty is offered. Spirulina-Valais analyses each sold batch but cannot give any warranty due to the nature of its products.
8. Liability
Any liability for indirect or consequential damage is excluded.
In case of direct damage, the liability of Spirulina-Valais is limited to the sale price of the product. This limitation of liability is not valid if the damage is caused by intent or gross negligence. The customer must inform Spirulina-Valais immediately of any damage. Any liability of auxiliaries is excluded, to the extent permitted by law.
9. Intellectual property
Spirulina-Valais owns all the rights to the goods and services it offers. The content of the website www.spiruline-valais.ch is and remains the exclusive intellectual property of Spirulina-Valais. No person is authorised to reproduce, exploit, distribute or use for any purpose whatsoever, all or part of the content of the website, whether it be software, visual or audio content. Furthermore, the re-use, publication or distribution of information, images, texts or any other content that the client receives in relation with the present provisions is prohibited.
These Terms and the individual agreements relating to them do not deal with the assignment of intellectual property rights, unless expressly provided otherwise.
10. Legal information and Privacy Policy
Spirulina-Valais collects data at the time of the conclusion of the contract for the purpose of fulfilling its contractual obligations. The data is processed by taking all the necessary measures to ensure data protection in accordance with legal provisions. The customer agrees to the storage and use of her/his data in accordance with the contract.
Spirulina-Valais may be required to pass on the data of the customer or third parties under a court order or by an authority.
Spirulina-Valais is entitled to use customer data for marketing purposes unless the customer prohibits this. The data necessary to carry out a service may be transmitted to service partners hired by Spirulina-Valais, subject to data protection legislation.
Spirulina-Valais, its auxiliaries and contractors, and the customer undertake to keep secret any information that is exchanged or acquired in the context of the provision of services. This obligation of confidentiality continues to apply even after the contract expires.
11. Entirety of agreement
These Terms replace all previous agreements and provisions. The validity of these Terms will not be affected should any of the provisions or annexes be declared invalid. In such a case, the invalid provision will be replaced by a valid provision which achieves the same purpose as the provision being replaced. The same applies to any gaps in the contract.
12. Applicable law
These Terms are subject to Swiss law. The courts at the place of the registered office of Plein’R Sàrl have jurisdiction to settle any dispute between the parties, unless otherwise provided by mandatory law. Spirulina-Valais can bring legal action at the registered office or domicile of the defendant. The application of the United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.
13. Contact
For any further information, the customer can contact us using the contact form on our website: www.spiruline-valais.ch, by email at info@spiruline-valais.ch or by post at the following address: Plein’R Sàrl, Rte du Soleil 18, 1926 Fully (VS)
