GENERAL TERMS AND CONDITIONS (GTC), WEEDZ SA
(a) These General Terms and Conditions ("GTC") shall apply to all agreements between the company weedz SA, based in St-Sulpice VD, Switzerland ("weedz"), referred to in the customer agreement and the customer ("customer") referred to in the same.
(b) Together with the separate product / service descriptions and the service features defined in the customer agreement, the GTC form an integral part of this contract ("contract"). Deviating agreements shall only be binding on weedz if they have been drawn up in writing and legally signed by both contracting partners.
2. CONCLUSION OF THE CONTRACT
(a) The contract between weedz and the customer shall be established subject to the agreement of weedz at the time of signing of the customer agreement by the customer. The agreement of weedz shall be deemed to have been confirmed provided that weedz does not notify the customer within five working days of receipt of the signed customer agreement of its rejection of the latter.
(b) Upon signing these GTB, the customer confirms that it acknowledges these GTB and the separate product / service descriptions and that it has understood its obligations stemming from the contract which it undertakes to fulfil in their entirety.
(c) The offers submitted by weedz are non-binding and may be amended by the latter at any time. weedz shall only be bound by offers which it specifically refers to as binding. Unless otherwise stated in the offers, binding offers shall be valid for a period of 10 working days.
(a) weedz shall offer the customer a range of different products.
(b) The different products offered stem from the corresponding product descriptions. The customer will have received the latter with the corresponding specifications. They may also be obtained from the weedz website (www.weedz.ch). The statements provided by weedz in product descriptions, on the Internet or in other documentation do not constitute confirmation. The customer has been informed that weedz is reliant on third party deliveries for various products and the terms and conditions of such deliveries lie outside the scope of influence of weedz. weedz shall not be responsible for changes to deliveries or even the removal without replacement of weedz services due to amended third party terms and conditions.
4. SERVICE PROVIDED BY WEEDZ
(a) weedz shall provide the customer with products as set forth in the customer agreement with the agreed specifications for the amount agreed upon in the customer agreement.
(b) weedz reserves the right to amend the GTB and the product / services descriptions at any time. If significant amendments affecting the customer are made to the contract as a result, the customer shall be notified of these amendments by email sent to the email address provided in the customer agreement. The amendment advice shall be deemed to have been received by the customer when the email has been sent to the address provided. The customer is bound to notify the contact partner at weedz without delay of any amendments made to information. Weedz shall not be obliged to provide further clarification in the event of error messages, e.g. due to invalid email addresses.
(c) The service offered by weedz shall be deemed to have been provided upon shipment or transfer of the corresponding products.
(d) The service offered by weedz shall also be deemed to have been provided if weedz is not able to provide services for reasons outside of its control.
5. PAYMENT TERMS
(a) The customer undertakes to pay remuneration on time within the deadlines.
(b) weedz reserves the right to invoice additional services separately and offset them against the overall amount.
(c) All prices quoted by weedz are net prices applying at the registered offices of weedz with VAT and any other taxes and duties being charged on top. All invoices issued by weedz shall be payable within ten calendar days of the invoice date. In the event of overdue payment, weedz shall be authorised to apply default interest at a rate of one percent per calendar month commenced from the eleventh calendar day after the invoice date. After the second warning, weedz shall also be authorised to charge a collection fee to cover costs. weedz may assign its claims to a third party at any time and the customer hereby agrees to this arrangement.
6. PRICE AMENDMENTS
(a) weedz may amend or adapt the price list at any time on the basis of changes in the market situation.
7. ADVANCE PAYMENTS
(a) Customers generally pay for their orders in advance into the account indicated by weedz.
(b) Deliveries are usually made immediately after receipt of the payment.
8. RESERVATION OF TITLE
All products shall remain the property of weedz until they have been paid for in full. In the event of overdue payments, weedz may withdraw from the contract and request that the goods be returned.
(b) The return costs in case of default shall be covered by the defaulting customer and must be reimbursed.
(a) The customer shall only be authorised to settle claims, even in the event of notifications of defects or counterclaims, if the counterclaims to be settled have been lawfully determined, recognised by weedz or are undisputable.
(b) weedz shall be authorised to settle claims presented by the customer insofar as this is legally admissible.
10. WARRANTY AND GUARANTEES
(a) The statutory warranty rules shall apply.
(b) Warranty claims shall cease to apply in the case of damage stemming from improper treatment or improper use, storage, etc. of the delivered products. The customer’s warranty claim shall also cease to apply if the customer or a third party commissioned by the latter attempts to rectify the damage and in doing so intensifies the defect or causes further defects.
(a) weedz shall be liable with respect to the customer for proven direct damage which has been caused by weedz in violation of the contractual obligations as a result of gross negligence or intent.
(b) Any other liability irrespective of the legal grounds on which it is based (e.g. indirect or consequential damage or subsequent damage) shall be excluded.
12. COPYRIGHT, TRADEMARK AND OTHER INDUSTRIAL PROPERTY RIGHTS
(a) The entire content of www.weedz.ch, particularly include texts, graphs, photographs, images, moving images, audio recordings and software (“content”) is the property of weedz. The duplication, adaptation, translation and any other processing of content, including the use of content in particular on platforms such as www.ebay.ch, shall not be authorised.
(b) All brand labels (in particular trademarks, logos and emblems) shall be brand labels or registered trademarks of weedz unless otherwise specified.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
(a) This contract is governed by Swiss law.
(b) Any disputes arising in the context of this contractual relationship shall be dealt with exclusively by the ordinary courts governing the registered offices of weedz or the registered offices of the debt recovery company appointed by weedz. weedz or the debt recovery company appointed by the latter reserves the right to sue the customer at its registered office or place of residence.