Terms of service

1. General

These General Terms and Conditions (GTC) govern the contractual relationship between Ethaswiss GmbH and its customers. Unless otherwise agreed, these General Terms and Conditions apply to all purchase agreements concluded with Ethaswiss GmbH (hereinafter referred to as the "Seller"), including online/email orders or oral orders. By placing an order, you are making a legally binding offer to enter into a purchase agreement, and you automatically accept these General Terms and Conditions (via an extra field for agreement with Ethaswiss GmbH's GTC) as well as the indicated prices.

The Privacy Policy and Shipping Conditions are an integral part of these GTC. Deviating conditions are only valid with the express and written consent of the Seller. These GTC apply to products distributed and delivered by the Seller within Switzerland and the Principality of Liechtenstein. Additional agreements and legally relevant declarations of the contracting parties require written form for their validity. Communication by email is considered equivalent to written form. Upon receipt of an order, a confirmation of receipt will be sent, and an order confirmation will be sent via email when the order is shipped. Technical changes and price adjustments are reserved.

2. Youth protection

Products from Ethaswiss GmbH are sold or provided only to legally competent adults. This is ensured through confirmation-required pop-ups when accessing the homepage and when ordering products, in the form of a selectable checkbox.

3. Product information

The information and details about our products listed on the homepage, as well as the prices, are only considered contractually binding if expressly adopted in the purchase contract.

4. Delivery/Shipping Conditions and Transfer of Risk

Unless otherwise agreed, delivery is ex-works. Ownership, costs, and risk transfer to the buyer upon provision of the delivery ex-works, even if a different place of performance or shipment of the purchased item has been agreed or if delivery is made carriage-free. For large orders, the same products may vary slightly in taste and color as they may have been produced from different batches.

Ethaswiss GmbH ships products in Switzerland and the Principality of Liechtenstein against advance payment. In case of production capacity constraints, customers will be informed directly.

We are happy to serve other European countries upon request.

The shipping cost, including packaging material, is CHF 9.95 and will be added to the total order value.

The delivery time is 1-2 weeks, and we offer free shipping for orders over CHF 90.00.

For international deliveries, the Seller reserves the right to add customs charges to the shipping cost and bill them to the buyer.

The seller uses discount codes to enable the personal delivery of products without incurring shipping costs. These are used for the circle of friends or with prior agreement.

When using any type of discount on shipping conditions, the seller is not obligated to carry out the delivery at the adjusted shipping conditions. If a discount code is misused, the seller may charge fees; however, the buyer has the option to cancel the purchase free of charge within 5 days.

5. Returns

For returns not caused by the Seller, a return fee of 10% of the returned goods' value will be charged for administrative and logistical expenses. The goods must be returned to the Seller in their original packaging and in perfect condition. The total cost of the return is the responsibility of the buyer.

6. Prices

Unless otherwise agreed, the prices are considered in swiss francs and binding net prices (without VAT) ex-works. We reserve the right to charge a small order surcharge for low order values. The Seller reserves the right to adjust prices and product offerings if circumstances, such as material prices, change between the time of the offer and the contractual fulfillment.

7. Payment Terms

Advance payment is accepted through all payment methods shown on the webshop. Otherwise, bank transfers to IBAN CH27 8080 8003 1677 7382 0 are accepted. Payment is made according to the agreed payment terms and is usually made carriage-paid to the Seller's domicile or to another specified delivery address. Detailed information about the ordered goods and the buyer must be evident in the case of a bank transfer. For large orders for corporate events, gifts, etc., please contact us to discuss the order. Initial large orders are also accepted against advance payment.

8. Retention of Title

The products remain the property of the Seller until full payment is received. The retention of title does not affect the risk transfer as provided in section 3.

9. Delivery Date and Delivery Period – Buyer's Acceptance Obligation

Delivery is to be made on the agreed date. If a specific delivery date has not been agreed upon but a delivery period has been, the period begins when the contract is concluded. However, if the Seller is contractually or legally obligated to fulfill official, administrative, technical, or business-related formalities, the delivery period only begins to run upon their completion.

The buyer is obliged to accept the purchased item on the delivery day or during the delivery period at the place of performance. If the buyer fails to do so, the Seller may set a grace period and, after its unused expiry, either declare the contract terminated within 7 days and claim damages (positive or negative interest) or continue to demand acceptance.

We are not liable for delivery delays caused by manufacturers, producers, third parties, or force majeure. You have the right to terminate the contract if the delivery delay exceeds 30 days. Goods ordered from our webshop that are not accepted and are returned to us may be invoiced by us (including shipping costs and other incurred costs).

10. Warranty – Liability for Defects

Upon receipt of the delivery, the buyer shall examine the quality and completeness of the received goods within 5 days. If the buyer discovers defects during this time, he/she must inform the Seller in writing within 5 days (complaint period) with details of the nature, scope, and reasons for the complaint. After the warranty period and the complaint period have expired, claims for defects are forfeited.

Hidden defects must be reported immediately, but no later than within 5 working days after discovery. If the buyer fails to make a timely report, warranty claims are extinguished.

Any goods that are the subject of a complaint must be rectified at the expense of the Seller and as soon as possible (right to rectification) or replaced (replacement right), with the choice between the right to rectification and the right to replacement solely vested in the Seller. Conversion and reduction are excluded.

The Seller is not liable for defects resulting from a product design chosen or desired by the buyer. Furthermore, the Seller is not liable for defects arising from incorrect or improper use of the purchased item. The Seller's liability and, therefore, the warranty are void in case of improper storage and opening of the products. The Seller's liability and thus the warranty expire if the buyer makes changes to the product without written authorization from the Seller or if the products are exposed to significant temperature fluctuations or pressure.

11. Disclaimer

The Seller is not liable for damages arising from or as a result of the consumption or misuse of the product, such as discomfort, nausea, vomiting, headaches, and others. Similarly, liability is excluded in cases of pregnancy or simultaneous consumption of medication or drugs.

12. Data Protection

Statements regarding data protection on the Seller's homepage are explained in the Privacy Policy.

13. Governing Contract Text

In the event of discrepancies between the German text of these terms and conditions and a translation into another language, the German text shall prevail.

14. Disputes and Applicable Law

We reserve the right to change the GTC at any time. When changes are made to the GTC, the new version will be promptly posted on the website and will be effective from that point forward. These GTC are subject to Swiss law.

Thank you for placing your trust in our products!

If you have any questions or uncertainties, please feel free to reach us at info@ethaswiss.ch.

Ethaswiss GmbH