1 General Provisions
These General Terms and Conditions („GTC“
) apply to all contracts concluded between us,
Hermes Süssstoff AG
Managing Director: Rimann Roland
Commercial Register: Canton of Zurich
Company Number / VAT ID: CH-102.383.540
and you, as our customer, through our online shop (https://www.mysteviasweet.ch
) if the application of these GTC has been agreed.
These GTC apply exclusively for contracts with private customers (consumers) the object of which is the delivery to a postal address in Switzerland, Germany or Austria.
2 Contract Conclusion
The presentation and marketing of articles on our online shop does not represent a binding offer for the conclusion of a purchase contract.
By submitting an order through our online shop by activating the “Buy Now” button, you submit a legally binding order (offer for the conclusion of a contract). Before placing your final order, you may review your information and correct any errors. If necessary, you may change your order before its final submission.
We will confirm by email without undue delay the receipt of your order placed through our online shop. Such emails do not represent binding acceptance, but merely document our receipt of the order. You will remain bound to your offer (your order) for 1 week.
A contract will only be concluded after we separately confirm its conclusion (acceptance declaration). If ordered items are sent to you without a prior acceptance declaration, their delivery will represent acceptance.
We will only conclude contracts for household quantities for private use.
We will review your order. If ordered goods cannot be delivered, e.g., because they are not in stock, or if we cannot conclude a contract for the order for another reason, we will notify you within 1 week of receipt of your order. In such cases, we will refuse acceptance of the order and no contract will be concluded. We will refund any payment from you, such as advance payments, without undue delay.
The order process is performed in German. However, we also allow orders to be placed in English or French.
3 Delivery Area
We only deliver to Switzerland, Austria and Germany.
4 Prices and Shipping Costs
Any prices listed on our online shop are gross prices including VAT, are subject to additional shipping costs. Shipping costs will be stated separately on the invoice. The shipping cost amount is based on the delivery address.
Shipping costs are listed on our online shop. The price including VAT and shipping costs will be displayed on the order form prior to submission.
If you effectively withdraw your contract declaration, we will refund any payments you have already made, including shipping costs for standard delivery, without undue delay, at the latest, within 14 days of receipt of the withdrawal declaration. If you expressly selected another shipping method than the least expensive standard delivery offered by us, any costs you incurred thereby will not be refunded. We may withhold repayment until the goods have been returned to us or you prove that you sent the goods back to us, whichever occurs first. The direct costs for returning the goods must be borne by you.
Customs and duties will normally be invoiced directly to you as the buyer by the competent customs authorities. If customs fees or duties are charged to us for orders, irrespective of the reason, we may obtain reimbursement for these customs fees or duties from you as our customer.
5 Payment Modalities
The purchase price and shipping costs are due immediately without deductions.
You may pay the purchase price and the shipping costs at your discretion by credit card (Visa or Mastercard), PayPal or transfers following the receipt of an invoice.
The contractual partner Novalnet AG
transmits personal data collected within the scope of this contractual relationship to CRIF Bürgel GmbH, Leopoldstraße 244, 80807 Munich, for the purpose of applying for, carrying out and terminating this business relationship.
The legal references for these transmissions are Article 6 par. 1 b) and Article 6 par. 1 f) of the General Data Protection Regulation (GDPR). Transmissions on the basis of Article 6 par. 1 f) of the GDPR shall only take place to the extent that they are necessary to safeguard the interests of the contractual partner Novalnet AG
or third-party and do not prevail over the interests or basic rights and freedoms of the concerned person who require the protection of personal data. The data exchange with CRIF Bürgel GmbH also fulfills legal obligations to carry out creditworthiness checks on customers (§ 505a and 506 of the German Civil Code).
CRIF Bürgel GmbH processes the data received and uses it to offer its contractual partners in the European Economic Area, Switzerland and, if applicable, other countries (if a European Commission adequacy decision exists for them) with information, inter alia, for the assessment of the creditworthiness of natural persons.
Further information on the activities of CRIF Bürgel GmbH can be found in the CRIF Bürgel Information Sheet or online at www.crifbuergel.de/en/privacy
You may only offset our claims (through counterclaims) if your counterclaims have been legally established or recognized by us or are uncontested. You may also offset our claims if you exercise defect or counterclaims under the same purchase contract or if your counterclaims are otherwise legally related to your liabilities under the same purchase contract.
6 Rights of Retention
6.1 Delivered goods will remain our property until complete settlement of the purchase price, including shipping costs.
6.2 You must treat the goods diligently until the transfer of title.
In case of a defect, you will be entitled to guarantee rights to rectification, replacement, withdrawal and price reduction in accordance with legal regulations.
All images, movies and texts published on our online shop are subject to copyright. Any use of these images, movies or texts without our express permission is prohibited.
9 Data Protection
. We implement technical and organizational measures that adequately take impending risks into account to safeguard data security, especially to protect personal data against unintended or unlawful third-party access. We implement further technical and organizational measures that adequately take impending risks into account that effectively apply the data protection principles of data minimization and data protection through technical designs and user-friendly presets.
10 Final rovisions
The place of fulfillment for any deliveries is our registered office in Zurich, Switzerland.
The applicability of the UN sales convention (Vienna Convention) is excluded.
To prevent ambiguities or disputes about agreed contractual contents, changes or additions to these GTC must be issued in writing.
Should individual regulations of these GTC be invalid or contrary to legal regulations, this will not affect the validity of the remaining regulations of the contract or of these GTC.
11 Cancellation Policy
You have the right to cancel this contract within fourteen (14) calendar days without stating reasons.
The cancellation period lasts (14) calendar days as of the date on which you or a third party designated by you who is not the carrier took possession of the goods.
To exercise your cancellation rights, you must inform us (Hermes Süssstoff AG, Ankerstrasse 53, 8004 Zurich, Switzerland, +41 (0) 44 245 43 43, firstname.lastname@example.org) about your decision to cancel this contract through a clear declaration (e.g., a letter sent by mail, fax or email). You may use the sample cancellation form provided below, but this is not required.
Sending the cancellation notification before the cancellation period expires will suffice to meet the cancellation deadline.
If you cancel this contract, we must refund any payments we received from you, including shipping costs (with the exception of any additional costs resulting from you choosing a shipping method other than the least expensive standard delivery offered by us), without undue delay, at the latest, within fourteen (14) calendar days of the day on which we receive your cancellation notice for this contract. We will refund your payment through the same payment method you used for the original transaction, unless expressly agreed with you otherwise; under no circumstance will fees be charged to you for the repayment.
We may withhold repayment until the goods have been returned to us or you prove that you sent the goods back to us, whichever occurs first. The direct costs for returning the goods must be borne by you.
You must return or hand over the goods to us without undue delay and, in any case, within fourteen (14) calendar days of the notification date of your cancellation of the contract. This deadline will be met if you mail the goods before this fourteen (14) calendar day-period expires.
You will only be required to cover any loss of value if it is caused by you handling the goods in a manner not necessary for assessing the characteristics, features or functionality of the goods.
Cancellation rights will not be granted for goods that have been shipped sealed and that are unsuitable for return due to health or hygiene reasons if you removed the sealed packaging after delivery.