General Terms and Conditions
The following terms and conditions apply for all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, the validity thereof is hereby contradicted; They only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase agreement is concluded with SWISS HEALTH & NUTRITION AG.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by email.
A binding contract can also be concluded as in the following cases:
- If you have chosen the payment method PayPal, the contract is concluded at the time of confirmation of the payment order to PayPal.
- If you have chosen the payment method "On account", the contract is concluded at the time of the confirmation of the order.
- The language available for the contract is German.
- We save the contract text and send you the order data and our terms and conditions by email. You can also view and download the terms and conditions here on this page. Your previous orders can be viewed in our customer login.
3. Terms of delivery
Delivery takes place worldwide, except in the European Union. Please note that you can only order items to be delivered to the European Union via our EU shop at www.beaster-shop.eu.
The product prices are in Swiss francs including VAT.
The minimum order value is CHF 0.00.
In addition to the stated product prices, shipping costs are still added. You can find out more about the amount of shipping costs in the offers.
We only deliver by transit services. Collection in person is only possible by appointment.
We do not deliver to packing stations.
The delivery time, unless otherwise stated in the offer, is 2-4 days. You will be notified if the delivery cannot be made within the specified delivery time. No claims for damages can be derived from a delay in delivery.
In the case that not all ordered products are in stock, Beaster-Shop is permitted to make partial deliveries.
Should the goods fail to be delivered due to fault of the customer, despite three attempts to deliver having been made, Beaster-Shop can withdraw from the contract. Any payments made will be refunded immediately.
All products offered will be shipped within the minimum storage life.
The following payment methods are available in our shop:
You pay the invoice amount via the online provider PayPal. You must be registered there, or register first, then verify with your access data and confirm the payment order to us. You will receive more information during the ordering process.
Purchase by invoice with partial payment option (POWERPAY)
As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).
After receiving the goods, you pay on account with a 10-day term of payment.
The option "Delivery on account" is available subject to a positive credit check by INTRUM Justitia and only in Switzerland.
5. Right of revocation
Consumers are entitled to the statutory right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.
6. Retention of title
Until payment has been made in full, the goods remain in our ownership.
For entrepreneurs, the following applies: We reserve title to the goods until complete settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims, as far as you do not meet your payment obligations.
7. Transportation damages
If goods are delivered with obvious transportation damages, please complain about such errors to the delivery service as soon as possible and please contact us immediately. Failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us process our own claims against the delivery service or transport insurance.
8. Warranty and guarantees
Unless otherwise expressly agreed, the statutory warranty rights apply.
For consumers, the limitation period for claims of defects in used goods is one year from delivery of the goods.
With respect to entrepreneurs, the only agreement that applies to the condition of the goods is our own details and the manufacturer's product descriptions that were included in the contract.
If the delivered goods are defective, we initially, at our discretion, provide entrepreneurs with a warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The following limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents:
- in the event of a wrongful death, physical injury or damage to health
- in the event of an intentional or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and upon compliance of which the contractual partner may regularly rely (cardinal obligations)
- as part of a guarantee promise, as far as agreed
- as far as the scope of the Product Liability Act is opened.
Information on additional warranties that may apply, and their exact conditions, can be found with the product and on special information pages in the shop.
We are liable, without limitation, for claims due to damages caused by us, our legal representatives or vicarious agents:
- in the event of a wrongful death, physical injuries or damage to health
- in the event of intentional or grossly negligent breach of duty
- in connection with guarantee promises, as far as agreed
- as far as the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which enables the contract to be executed properly (cardinal obligations) through slight negligence on our part, our legal representatives or vicarious agents, the liability shall be limited to the damage, with which can typically be expected, foreseeable at the time that the contract was concluded.
Other than that, claims for damages are excluded.
We would like to draw your attention explicitly to the fact that we cannot guarantee the legal conformity of our advertising texts due to differences in case law and interpretations by control bodies in different countries. These are written to the best of our knowledge and belief, but the publication of phrases from the SWISSBEAST or BEASTER homepage or leaflets is exclusively at your own risk.
10. Final provisions
The provisions of Swiss law apply. Jurisdiction is CH-9044 Wald AR
Do not hesitate to contact us if you have any questions at: firstname.lastname@example.org