Terms and Conditions of Sale
I. SCOPE OF APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS OF SALE
1.1 These General Terms and Conditions of Sale (hereinafter: “Terms of Sale“) apply to the online sale of Products to Users through the Website (hereinafter: “Users“) located at the URL https://thevoosbrand.com (hereinafter: the “Website“) provided by Swiss Kiss SA (CHE-418.023.221), headquartered at Via Francesco Ballerini 22, 6600 Locarno, Switzerland (hereinafter: the “Company“).
1.2 The Website offers Users the opportunity to purchase online products containing Cannabidiol (hereinafter: “CBD“), such as, but not limited to, legal cannabis, oils, cosmetic and body care products, seeds, dyes, accessories (hereinafter: the “Products“). The Products comply with the relevant Swiss legislation and do not contain more than 1% Tetrahydrocannabinol (hereinafter: “THC“).
1.3 If you intend to consume the CBD-based Products offered on the Website, the Company recommends that you consult your doctor beforehand and disclaims any liability in connection with of all Products that may be harmful to your health.
1.5 By adhering to these Terms of Sale, you acknowledge that you are at least eighteen (18) years of age and that you have the right to exercise your contractual rights or, if you are contracting through a company, that you have the powers to validly represent it. If this is not the case, you are prohibited from ordering Products through the Website.
1.6 The Company only supplies its Products to Users who are of legal age according to Swiss law, i.e. 18 (eighteen) years of age or older. By validating his Order and by paying the Company for the Products, the User certifies on his honour that he/she is of legal age. You shall be liable for any damage suffered by the Company as a result of a breach of this provision.
1.7 By adhering to these Terms of Sale, you warrant that you have sufficient financial capacity to meet the commitments made in connection with the Products ordered and that you have not been declared bankrupt or about to be declared bankrupt.
1.8 Should any of these representations and warranties prove to be inaccurate, the Company reserves the right to invalidate the contract entered into with the User pursuant to Articles 23 ff. of the Swiss Code of Obligations (hereinafter: “SCO”), without prejudice to other means and actions available to the Company.
II. CONCLUSION OF THE CONTRACT
2.1 The contract between the Users and the Company is concluded as soon as the User accepts these Terms of Sale.
2.2 The Products purchased by the User through the Website will be delivered
only after payment of the full sale price by the User. When the User is in default of payment, the Company reserves the right to withdraw from the contract without further formality (art. 214 para. 1 CO).
III. PAYMENT TO THE COMPANY BY THE USER
3.1 The Products and prices published on the Website are offers addressed to Users.
3.2 The prices of the Products offered on the Website are indicative and may be modified at any time by the Company.
3.3 The prices will have to be confirmed by the Company within the context of the confirmation of the order.
3.4 Through the payment, the User expressly accepts the present Terms of Sale, the rates thus confirmed and the contractual process set out.
3.5 A User’s credit card payments are made through SIX Group Ltd, Hardturmstrasse 201, 8005 Zurich (“Payment Service Provider“), whose general terms and conditions apply exclusively to this type of payment by Users.
3.6 In case of non-payment for technical reasons or refusal of payment by the User, the Company will not be able to deliver the Products.
IV. PROCEDURE FOR ORDERING ONLINE
4.1 In order to benefit from the Products offered on the Website, the User is obliged to create an online account. The Personal Data provided for this purpose is governed by the Company’s
4.2 After creating an online account on the Site, the User may order the Products of his choice, subject to available stocks. The Products may also be ordered by Users as “Guests” who are not registered as Users.
4.3 The Products can be sent to Switzerland and Liechtenstein exclusively through Swiss Post. The Products are sent to Users through the courrier A service.
4.4 When the total amount of the User’s Order exceeds forty-nine Swiss francs (CHF € 53.90), delivery by post is free of charge.
4.5 Orders placed and paid for by Users before 15h are generally deposited the same day at Swiss Post.
4.6 Delivery, possible delays in delivery and possible theft of parcels are exclusively attributable to Swiss Post, to the exclusion of the Company.
V. RETURN OF PRODUCT POLICY
5.1 Product returns are tolerated within thirty (30) days of receipt by the User and provided that the packaging of the Product(s) concerned is intact and unopened.
5.2 The delivery costs of Swiss Post for the return of the Products to the Company shall be borne by the Users.
5.3 No returns are possible in connection with the Products offered at a reduced price on the Website and whose sale price has therefore already been reduced by the Company.
5.4 If the User asserts his right to return in accordance with the abovementioned return conditions, the Company will refund the full purchase price expressed in Swiss francs. The refund will be made in the form of a credit to the User’s credit card or bank account.
VI. INAPPROPRIATE CONDUCT BY THE USER
6.1 With regard to the Products delivered to the User, the Company shall not be held liable for any damage in particular due to:
- a THC level higher than the legal standards, i.e. more than 1%;
- an illness or death related to the consumption of the Products;
- a use of the Product contrary to the technical or safety standards in force and in particular a use contrary to the instructions provided in the Product’s instructions for use;
- use of the Product by the User that is not in accordance with normal, reasonable and/or appropriate use (in particular over-consumption);
- a defect linked to incorrect use of the Product by the User;
- a fire related to the use of the Products by the User;
- a deliberate act, negligence or fault of the User;
- storage of the Product in conditions that are not optimal (temperature, humidity, etc.);
- Exposure of the Product to climatic conditions or any form of improper handling by the User;
- a case of Force Majeure within the meaning of Article 10.2 of these Terms of Sale.
VII. EXCLUSION OF WARRANTY
7.1 THE COMPANY DOES NOT GIVE ANY OTHER WARRANTY THAN THOSE PROVIDED FOR IN THESE TERMS OF SALE AND ON CONDITION THAT THE USER NOTIFIES THE COMPANY IN WRITING OF ANY DEFECTS FOUND WITHIN 3 (THREE) WORKING DAYS.
7.2 IN ANY EVENT, THE USER ACCEPTS THAT THE WARRANTY THAT THE COMPANY MAY HAVE TO ASSUME IN CONNECTION WITH THE PRODUCTS SOLD WILL BE LIMITED BY THE RESIDUAL VALUE OF THE
PRICE PAID BY THE USER.
7.3 NO OTHER WARRANTIES ARE ASSUMED BY THE COMPANY WITH RESPECT TO USERS IN CONNECTION WITH THE PRODUCTS PROVIDED.
VIII. EXCLUSION OF LIABILITY
8.1 TO THE FULLEST EXTENT PERMITTED BY THE LAW (ART 100 SCO), THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, MATERIAL OR IMMATERIAL, CAUSED TO USERS OF THE SITE OR PRODUCTS DUE TO THE USE BY THEM OF THE PRODUCT(S). IN ALL CASES, THE LIABILITY OF THE COMPANY FOR DIRECT DAMAGES IS LIMITED TO FRAUD AND SERIOUS FAULT. ANY CIVIL LIABILITY TOWARDS USERS IS ALSO EXCLUDED.
8.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, MATERIAL OR IMMATERIAL THAT THE WEBSITE AND/OR THE PRODUCTS MAY CAUSE TO THIRD PARTIES.
8.3 IN ANY EVENT, THE USER ACCEPTS THAT ANY LIABILITY ACTION AGAINST THE COMPANY MUST BE INSTITUTED WITHIN A MAXIMUM PERIOD OF ONE YEAR FROM THE OCCURRENCE OF THE DAMAGE, UNDER PENALTY OF FORFEITURE OF RIGHTS.
IX. USERS’ REVIEW
9.1 Once the Products have been delivered to the User, the Company reserves the right to request the User’s opinion on the Product(s) ordered.
9.2 The User’s Opinion can only be collected with his/her consent. If the User agrees, the Company may question the User about the reasons for
using the Products and his or her satisfaction with the use of the Products. This information may be published on the Site in connection with the Products concerned with the User’s consent, with the exception of sensitive data of the User.
X. FORCE MAJEURE
10.1 The Company shall not be liable for any delay or failure to perform its contractual obligations to the User in the event of Force Majeure.
10.2 “Force Majeure” means circumstances beyond the reasonable control of the Company, including, but not limited to, natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, state measures of confinement, agricultural restrictions, border closures, plant closures, strikes or other labor disputes, accidents, factory breakdowns, impediments or delays on the part of carriers, inability or delay in obtaining supplies or appropriate and necessary equipment, seizure, sequestration or other measures taken by or on the order of a competent authority, and all other acts that are neither foreseeable nor attributable to the Company and that are objectively of such a nature as to delay the supply of the Products.
XI. DATA PROTECTION
XII. INTELLECTUAL PROPERTY
12.1 By “Intellectual Property Rights”, one understands in particular, the brands, the designs, the copyrights, the rights on the databases, the know-how, the patents and all the other intellectual property rights, whether they have been deposited or registered or not, in relation to the Company, the Website and/or the Products related to it.
12.2 The Intellectual Property Rights relating to the Website and/or the Products held by the Company are and remain the exclusive property of the Company.
12.3 The User undertakes not to use, represent or in any other way take advantage of the name of the Company and the brands held by the latter and/or perform any act that would be contrary to the Intellectual Property Rights, including, in particular, reproducing in any way the Intellectual Property Rights.
13.1 Should any provision of these Terms of Sale be declared or become invalid or ineffective or should any gaps appear, the remaining provisions shall remain valid. Invalid clauses will be interpreted or replaced in such a way that the purpose intended by the parties is achieved to the greatest extent possible.
13.2 The fact that one of the Parties did not exercise any right set out in these Terms of Sale shall not be interpreted as a waiver or renunciation from exercising that right set out in the Terms of Sale.
13.3 The Company reserves the right to modify these Terms of Sale at any time, provided that it notifies the User of the modifications it will make to the Terms of Sale.
13.4 If the German and/or English versions of this document differ from the French version, only the French version is binding.
XIV. APPLICABLE LAW AND JURISDICTION
14.1 The present Terms of Sale shall be governed by Swiss law.
14.2 The exclusive place of jurisdiction for any dispute relating to the interpretation, application or performance of these Terms of Sale is Locarno, Switzerland.
15.1. Any questions relating to these Terms of Sale can be sent to the email address: firstname.lastname@example.org.