Scope of application
These General Terms and Conditions (GTC) define the rights and obligations between Venereea GmbH (from now on referred to as “Seller”) and the Customers (from now on referred to as “Customer(s)”) in connection with the sale of goods and other services provided by the Seller via the websites “venereea.com / venereea.ch” (from now on referred to as “Website”).
The GTC forms an integral part of the purchase contract between the Seller and the Customer. Provisions deviating from the GTC are only binding if the Seller explicitly accepts them in writing. Conflicting conditions of the Customer are not recognised.
The Customer explicitly declares his agreement with the GTC by placing an order.
The Seller’s online store range of goods is directed at persons and companies with their residence or registered office in Switzerland and Liechtenstein. The Seller also delivers goods to other foreign countries. In the event of delivery abroad, the taxation and customs clearance principles of the respective country of destination of the product delivery shall remain decisive. In particular, in the case of deliveries abroad, the Customer knows that the import is associated with further fees and customs duties levied by the respective country and collected from the recipient.
Possible changes of this GTC, special conditions, prices and offers remain at any time and are explicitly reserved.
1. Order and conclusion of the contract
The Customer will be asked to register his personal data when placing an order. If desired, the Customer can create a user account with a username and unique password simultaneously with the order. The Customer is solely responsible for the correctness and timeliness of his data. He must also treat the access data confidentially and take all precautions to prevent third parties from accessing the user account. All orders placed via a user account are attributed to the respective owner of the user account and are binding for him. The Seller reserves the right to close user accounts and change or remove content if applicable law violates the GTC or applicable contractual provisions.
The offers on the Seller’s website are non-binding and do not constitute a contract offer. It is merely an invitation to the Customer to submit a purchase offer as an order. Deviations from the final product may occur.
The Customer can select goods from the Seller’s product range and collect them in the shopping cart by clicking on the “Shopping Cart” button. The Customer only places a binding order for the goods in the shopping cart after clicking on the order button. The Customer hereby declares at the same time that he agrees with all provisions of these GTC.
The Seller can refuse orders in whole or in part without giving reasons. In all these cases, the Customer cannot claim any damages resulting from pre-contractual liability, non-fulfilment or delivery delay.
If the ordered goods are unavailable, the Seller reserves the right not to accept the Customer’s offer so that no contract is concluded. In this case, the Customer will be informed via e-mail. Payments already made will be refunded to the Customer in this case.
The arrival of an online order will be indicated to the Customer using an automatically generated order confirmation to the e-mail address provided by the Customer. Receiving the automatically generated order confirmation does not constitute a promise that the product can be delivered. It merely indicates to the Customer that the online store has received the submitted order and that the contract with the Seller has thus come into effect, subject to the possibility of delivery and the correct indication of quantities, goods and prices. Incorrect notifications, in particular regarding purchase price, ordered goods or amount ordered, do not entitle the Customer to the effective delivery of goods.
Customers under 18 years of age or persons not fully capable of acting confirm with their order that they have the consent of the legal representative for the corresponding purchase.
2. Minimum order value
There is no minimum order value.
All prices in the online stores of the websites are stated in Swiss Francs (CHF) or Euro (EUR) and include the statutory value-added tax and prepaid recycling fees. Deliveries to Switzerland or Liechtenstein must be paid in CHF, and deliveries abroad must be paid in EURO. Shipping costs are not included in the price.
For deliveries abroad, the country of destination rates always apply regarding VAT and customs duties. The Customer is responsible for the payment of the mentioned taxes and fees.
Price and product information, photos and other information on the websites are provided without guarantee. Errors and technical mistakes are reserved in any case. Deviations and subsequent changes are possible and do not justify any claims by the Customer.
The redemption of claims by the Customer by way of settlement is excluded.
4. Delivery and costs
Delivery is made to the delivery address specified by the Customer. The order is delivered by mail, parcel service provider or freight forwarder. The choice of carrier (usually Liechtenstein or Swiss Post) is reserved for the Seller. Orders placed before 2:00 p.m. will generally be shipped on the same business day in a climate-neutral manner by A-Post.
The Seller is entitled to make partial deliveries. Subsequent deliveries will be made immediately upon arrival of the goods. The delivery times communicated by the Seller are non-binding guidelines.
For each delivery, the Seller charges the Customer a shipping cost. These are shown separately in the shopping cart during the order process and with the order confirmation. For partial deliveries, the shipping costs will be charged only once.
The shipping costs within Switzerland and Liechtenstein are CHF 7.00 for B-Post and CHF 9.00 for A-Post. From an order value of CHF 200.00, the Seller takes over the shipping costs within Switzerland and Liechtenstein.
The shipping costs within the EU are EUR 20.00. From an order value of EUR 270.00, the Seller takes over the shipping costs within the EU.
For deliveries outside Switzerland, Liechtenstein and the EU, the Customer has to send a request to the Seller via email to [email protected]
5. Terms of payment | Ownership
The goods are paid with the payment options offered in the online store. These are PayPal, TWINT, credit cards or prepayment.
The object of purchase remains the property of the Seller until complete payment.
The Seller shall provide the Customer with a warranty for defects attributable to a material or manufacturing defect. The information in the Seller’s online store (illustrations, drawings, information on dimensions and other specifications) is only to be understood as guidelines and does not represent a guarantee of properties.
The Customer must inspect the goods delivered to him immediately upon receipt. The Customer must notify the Seller’s Customer service department in writing or by e-mail of any complaints about obvious material or other manufacturing defects immediately upon receipt but no later than five days after receipt of the goods. Otherwise, the purchased products shall be deemed approved, and no warranty rights may be asserted concerning such apparent defects. Furthermore, the Customer must keep all packaging material until the case is settled.
The Customer’s warranty claim shall be fulfilled at the Seller’s discretion by improvement (repair), subsequent delivery of equivalent replacement goods free of defects, reduction of the price or rescission of the purchase contract. The Customer is not entitled to commission third parties with the repair. If the Customer commissions a third party, he loses any claim to reimburse the costs.
For the assertion and handling of the warranty claim, the Customer has to contact the Seller’s Customer service (e-mail: [email protected]).
7. Restriction of liability
The Seller shall, in any case, only be liable for direct damage caused by the Seller’s intentional or grossly negligent act. Liability for slight negligence is excluded. In addition, the Seller’s liability is fully exempted to the extent permitted by law, regardless of the basis of liability. Any liability of the Seller, in particular for late delivery of goods, incorrect product descriptions and illustrations or price quotations, as well as for damages resulting from improper use, failure to follow the instructions for use or natural wear and tear, is excluded. Liability for claims and damages by third parties, as well as for consequential damages and lost profits of any kind, is also excluded. Liability is also limited to CHF 20,000.00 per damage event in any case.
8. Right of return
The Customer has no right to return the purchased product for hygienic reasons and to support environmental and climate protection measures. Free returns usually motivate Customers to make unconscious purchases, which are returned in about 80% of cases. The Seller would like to encourage all Customers to make conscious purchases.
9. Involvement of auxiliary persons
The Seller shall be entitled to engage auxiliary persons to perform its services. The Seller may use partners from Switzerland and abroad as auxiliary persons. The Seller shall be free to choose the auxiliary persons and may replace them at any time at its discretion. Liability for auxiliary persons is excluded in any case.
10. Data privacy protection
The Seller processes the Customer’s data in strict compliance with the applicable provisions of the applicable data protection law. Reference is made to the data protection declaration.
The Customer must treat his access data confidentially and not pass them on to third parties. The Seller assumes no responsibility for damages incurred by the Customer from misuse of his access data.
11.1. Applicable law and place of jurisdiction
These GTC and any disputes arising from or concerning the relationship between the Vendor and the Customer shall be governed exclusively by Liechtenstein law.
The Princely District Court, Vaduz, shall have exclusive jurisdiction for actions against the Seller. The Seller reserves the right to sue the Customer at the competent court of his place of residence, business, or any other competent court.
11.2. Severability clause
Should one or more provisions of these GTC be wholly or partially invalid or unenforceable or subsequently lose their validity or enforceability, the validity of the remaining provisions of these GTC shall not be affected thereby. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply to the case in which these GTC contain a loophole.
11.3. Reservation of written form
If the parties have agreed on a written form, this is also fulfilled by e-mail.
11.4. Amendment of the GTC
The Seller is entitled to amend or change these GTC at any time. Amendments to the GTC shall be made available on the Seller’s website and enter into force upon their posting.
11.5. Original text
The GTC of the Seller is written in German. If translations have been done into other languages, the German version shall prevail in the event of contradictions.