General terms and conditions for consumers (B2C)

1 General Provisions

1.1 These General Terms and Conditions (“GTC”) apply to all contracts concluded between us,   

Hermes Süssstoff AG
Ankerstrasse 53
8004 Zurich
Switzerland
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/de/) if the application of these GTC has been agreed.

1.2 These GTC apply exclusively for contracts with private customers (consumers) the object of which is the delivery to a postal address in Switzerland.

2 Contract Conclusion

2.1     The presentation and marketing of articles on our online shop does not represent a binding offer for the conclusion of a purchase contract.

2.2     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.

2.3     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.

2.4     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.

2.5     We will only conclude contracts for household quantities for private use.

2.6     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.

2.7     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.

4 Prices and Shipping Costs

4.1 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.

4.2 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.

4.3 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.

4.4 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

5.1 The purchase price and shipping costs are due immediately without deductions

5.2 You may pay the purchase price and the shipping costs at your discretion by invoice (POWERPAY), credit card(Visa oder Mastercard), PayPal or TWINT. If you pay by credit card, your credit card account will be charged immediately after the order is completed. Please note that we only accept payments from accounts within Switzerland and the European Union (EU). In no case do we assume the costs of a money transaction.

5.3 In cooperation with MF Group AG, we offer the payment option on invoice with instalment facility (POWERPAY).

MF Group / POWERPAY offers the payment method “purchase on account” as an external payment service provider. With the single invoice, you can simply pay your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order summary in the following month.

When the purchase contract is concluded, POWERPAY takes over the invoice claim that has arisen and handles the corresponding payment modalities. When purchasing on account, you also accept our General Terms and Conditions, the GTC of POWERPAY. (powerpay.ch/de/agb)

5.4 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.

7 Guarantee

In case of a defect, you will be entitled to guarantee rights to rectification, replacement, withdrawal and price reduction in accordance with legal regulations.

8 Copyrights

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 process the personal data collected through the performance of this contract (e.g., name, postal address or email address) in compliance with applicable data protection regulations. To the best of our ability, we try to ensure confidential treatment of personal information disclosed on our online shop website. Information on data processing under Articles 13 & 14 of the General Data Protection Regulation (EU) Nr. 2016/679 is provided in our Privacy Policy. 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 Provisions

10.1 The place of fulfillment for any deliveries is our registered office in Zurich, Switzerland..

10.2 The applicability of the UN sales convention (Vienna Convention) is excluded.

10.3 To prevent ambiguities or disputes about agreed contractual contents, changes or additions to these GTC must be issued in writing.

10.4 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 withdraw from this contract within fourteen (14) calendar days without giving any reason.
The withdrawal period is fourteen (14) calendar days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Hermes Süssstoff AG, Ankerstrasse 53, 8004 Zurich, +41 (0) 44 245 43 42, support@mysteviasweet.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form shown below for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen (14) calendar days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen (14) calendar days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen (14) calendar days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

You do not have a right of withdrawal for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if you have removed their seal after delivery.

Sample Cancellation Form

(If you wish to cancel the contract, please complete and return this form).

To:
Hermes Sweetener AG
Ankerstrasse 53, 8004 Zurich
support@mysteviasweet.com

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods

Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)

Date

Signature of the consumer(s)
(only in case of paper communication)

(*) Delete where inapplicable