General Terms and Conditions (GTC), Weedz SA
(a) These General Terms and Conditions (GTC) apply to all agreements between the company present in the customer agreement weedz SA, with its registered office in St-Sulpice VD, Switzerland ("weedz") and the customer present in the customer agreement ("customer").
(b) The GTC form an integral part of this contract ("Contract") along with the separate product/service descriptions and the performance characteristics defined in the customer agreement. Any agreements which derogate from the latter are only binding for weedz if they are in written form and are legally signed by both contracting parties.
2. CONTRACT CONCLUSION
(a) The Contract between weedz and the customer is concluded subject to the consent of weedz and the signing of the customer agreement by the customer. weedz's consent is deemed to have been given if it does not inform the customer of the the latter’s rejection within five working days of receipt of the signed customer agreement.
(b) With his signature on any contract of weedz, the customer confirms that he has read and understood these general terms and conditions and the separate product/ service descriptions, and that he has understood his obligations under the contract and will fulfil them in full.
(c) The offers of weedz are non-contractual and can be modified by us at any time. weedz is only bound by offers which are expressly designated as binding by us. Unless otherwise stated on the offer, binding offers have a validity period of 10 working days.
(a) weedz offer clients various products.
(b) The various offered products correspond to the respective product descriptions. The client receives this along with the appropriate specifications. These may also be consulted on the weedz website (www.weedz.ch). The statements of weedz in the product descriptions, on the internet or in other documentation are not contractual. The customer acknowledges that for various products weedz depends on the deliveries of third parties, and the conditions of such deliveries are outside of the influence of weedz. weedz is not liable for modifications or even cancellation of services of weedz due to a change in the conditions of third parties.
4. PERFORMANCE OF WEEDZ
(a) weedz shall supply the respective customer with products that are contained in the customer agreement with the agreed specifications, to the amount agreed upon in the customer agreement.
(B) weedz reserves the right to at any time modify the GTC as well as the product/performance descriptions. If this results in significant modifications to the contract for the customer, such modifications shall be notified to the customer via e-mail to the e-mail address specified in the customer agreement. The notice of modification shall be deemed to have been received by the customer upon the sending of the e-mail to the provided address. The customer is obliged to inform weedz immediately of any changes to the information regarding the contact person. weedz is not obliged to carry out further clarifications in the event of error messages, e.g. due to invalid e-mail addresses.
(c) The service due from weedz shall be deemed to have been rendered upon dispatch or transfer of the corresponding products.
(d) The service due from weedz shall also be deemed to have been rendered if weedz is unable to render services for reasons beyond its control.
5. TERMS OF PAYMENT
(a) The customer undertakes to make payment in a timely manner.
(b) weedz reserves the right to invoice individual additional services separately as part of the total amount due.
(c) All prices quoted by weedz are net prices at the registered office of weedz, plus VAT and any other taxes or duties applicable. All invoices from weedz are to be paid within ten calendar days of the invoice date. In the event of late payment, weedz may charge default interest of one percent per calendar month (or part thereof) as from the eleventh calendar day of the invoice date. After the second reminder, weedz is furthermore entitled to charge a collection fee to cover costs. weedz may assign its claims to a third party at any time, which the customer hereby consents to.
6. PRICE CHANGES
(a) weedz may change or adjust the price lists due to changed market conditions.
(a) As a rule, customers pay for their order in advance, to the provided weedz bank account.
(b) Delivery usually follows immediately after reception of payment.
8. RETENTION OF TITLE
All products remain the property of weedz until full payment is received. Payment default means that weedz may withdraw from the contract and demand the return of the wares.
(b) In the event of payment default, the return costs are at the expense of the customer and must be refunded.
(a) The customer shall only be entitled to offset claims - even in the event that notices of defects or counterclaims are asserted - if the counterclaims with which he intends to offset have been legally established, acknowledged by weedz, or are undisputed.
(b) weedz is entitled to offset claims against the customer to the extent legally permissible.
10. WARRANTY AND GUARANTEE
(a) The legal guarantee regulations apply.
(b) The warranty claim does not apply to damages resulting from improper handling or improper use, storage, etc. of the delivered products. The warranty claim of the customer also does not apply if the customer or a third party commissioned by the latter attempts to remedy the defect himself and thereby worsens the defect or causes further defects.
(a) weedz is liable to the customer for proven direct damages caused by weedz in breach of its contractual obligations.
(b) Any further liability on any legal ground whatsoever (e.g. indirect or consequential damages) is declined.
12. COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
(a) The entire content of www.weedz.ch, particularly including text, graphics, photos, pictures, moving pictures, sound recordings and software ("content"), is the property of weedz. Duplication, processing, translation and other processing of the content, including the use of the content, and in particular on platforms such as www.ebay.ch, is expressly forbidden.
(B) All trademarks (in particular brands, logos and emblems) are (unless otherwise indicated) trademarks or registered trademarks of weedz.
13. APPLICABLE LAW AND JURISDICTION
(a) This Contract is subject to Swiss law.
(b) For disputes arising from contractual relationship, the ordinary courts at weedz'registered office or at the registered office of the debt collection agency designated by weedz shall have sole jurisdiction. weedz or the debt collection agency designated by weedz reserve the right to sue the customer in the district of his registered office or domicile.
Version August 2017