Terms & Conditions
These Regulations define general conditions, the manner of providing services electronically and sales conducted via the online store natureessence.ch. The store operates Nature Essence, Grosspeteranlage 29, CH-4052 Bzylea, Switzerland, hereinafter referred to as the Seller. Contact with the Seller takes place via: e-mail address: firstname.lastname@example.org, or traditional mail to the address of the company. These Regulations are continuously available on the natureessence.ch website, in a way that makes it possible to obtain, reproduce and record its content by printing or saving it on a carrier at any time. The Seller informs that the use of services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malicious software into the ICT system of the Client and obtaining and modifying its data by unauthorized persons. To avoid the risk of the above-mentioned risks, the customer should use appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.
Terms used in the Regulations mean: Working days – these are days from Monday to Friday, excluding statutory holidays; Client – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific legal provisions of which provide legal capacity, which orders within the Online Store or uses other Services available in Online Store; Consumer – Customer who is a consumer; Entrepreneur – a customer being an entrepreneur; Regulations – this document; Product – a product presented in the Online Store, the description of which is available at each of the presented products; Sales contract – Goods sales contract concluded between the Seller and the Customer; Services – services provided by the Seller to Customers via electronic means; Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
The rules of using the Online Store
The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week. The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, please provide a valid e-mail address or activate the appropriate field in the Order form. The customer may at any time withdraw consent to the transmission of commercial information. The Newsletter service contract is concluded for an indefinite period and terminates when the Customer requests to remove his e-mail address from the subscription to the Newsletter or unsubscribe using a link in the message sent as part of the Newsletter service. The customer has the option of sending a message to the Seller via the contact form. The contract for the provision of a service consisting in providing an interactive form enabling customers to contact the Seller is concluded for a definite period of time and terminates at the moment of response by the Seller. The customer has the option of posting individual and subjective statements in the Online Store relating to, e.g. to the Goods or the course of the transaction. The customer adding statements declares that he has all rights to these contents, in particular proprietary copyrights, related rights and industrial property rights. The contract for the provision of a service consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated when the opinion is added. Statements should be edited in a transparent and understandable way, and they must not violate applicable law, including third party rights – in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. The posted contributions are disseminated on the Online Store websites. By posting the statement, the Customer agrees to the free use of this statement and its publication by the Seller. The Seller has the right to organize occasional competitions and promotions, the terms of which will always be provided on the Store’s website. Promotions in the Online Store are not subject to merger, unless the Regulations of a given promotion state otherwise. In the event of a breach by the Customer of the provisions of these Regulations, the Seller after the previous ineffective call to stop or remove violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services immediately.
The procedure of conclusion of the Sales Agreement
Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an Agreement. All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally placed on the market. The condition for submitting the Order is to have an active e-mail account. In the case of placing orders via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude an Agreement for the sale of Goods being the subject of the Order. An offer submitted in electronic form binds the Customer if the Seller sends a confirmation of acceptance to the Customer’s e-mail address provided for by the Customer, which constitutes the Seller’s statement on accepting the Customer’s offer and upon the receipt of the Customer’s contract a Sales Agreement is concluded. Sales contract, with content in accordance with the Regulations.
Delivery, prices and payment methods
The products are sent to all countries of the world, to the address indicated by the customer when placing the order. The delivery takes place via the postal operator or a courier company. Depending on the country, the parcel is delivered within 1-15 business days.
Commodity prices are given in the currency presented on the website and include all components, including VAT, customs duties and other charges applicable in the European Union. In the case of shipping outside the European Union, additional taxes / customs duties in force in a given country may be added. The Customer may choose the following methods of payment: Bank transfer to the Seller’s bank account (in this case, the Order will be commenced after the Seller sends the confirmation of the Order, and the shipment will be made immediately after receipt of the funds to the Seller’s bank account and completing the Order); Electronic payment (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order and after the Seller receives information from the paying agent system about the payment by the Customer, and the shipment will be made immediately after completing the Order). Cash on delivery (This option is available only in selected countries within the European Union), payment by the supplier when making the delivery (in this case, the implementation of the Order and its shipment will be initiated after the Seller sends the confirmation of acceptance of the Order and completing the Order). The customer is obliged to pay for the Order within 5 working days. If the Customer fails to pay by the deadline referred to in the preceding sentence, the Seller may withdraw from the Agreement after a previous ineffective payment request with an appropriate deadline.
Withdrawal from the Agreement
The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send to the address of the company’s headquarters or an electronic statement before its expiry. The Customer may formulate a statement on his own or use any model statement of withdrawal from the Agreement. The 14-day period is counted from the day on which the Goods were delivered or in the case of the Contract for the provision of Services from the date of its conclusion. Upon receipt of a declaration of withdrawal from the Agreement by the Consumer, the Seller shall send to the Consumer’s e-mail address confirmation of receipt of the statement on withdrawal from the Agreement. The right to withdraw from the Agreement by the Consumer is excluded in the case of: provision of services if the Seller has fully provided the service with the express consent of the Consumer who was informed before the provision that he will lose the right to withdraw from the Agreement after fulfilling the provision by the Seller; Contract in which the subject of the provision is Non-prefabricated Goods, manufactured according to the specification of the Consumer or serving to satisfy his individual needs; Contract in which the subject of the provision is a Product that is subject to rapid deterioration or has a short shelf-life; Contract in which the subject of the provision is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; Contracts in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; In the event of withdrawal from the Contract concluded remotely, the Agreement is considered void. What the parties have rendered is returned in an unaltered state, unless a change was necessary to establish the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller’s address. The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, however this method will not be binding for the Consumer at any cost. The seller may withhold the reimbursement of payments received from the customer until he receives the items back. If the Consumer has chosen a method of delivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to bear the cost.
The Seller undertakes to deliver the Goods without defects. The Seller is liable to the Customer who is a Consumer under the warranty for defects. In relation to Clients who are Entrepreneurs, the warranty is excluded. Complaints arising from the infringement of the rights of the Customer guaranteed by law or under these Regulations should be sent to the address of the company or to the e-mail address. In order to resolve the complaint, the Customer should send or deliver the complaint, if possible by attaching a proof of purchase to it. Goods must be delivered or sent to the address of the Seller. The seller undertakes to examine each complaint within 14 days. In the event of any shortcomings in the complaint, the Seller shall call the Customer to complete it as soon as possible, but no later than within 7 days from the date of receipt of the request by the Customer. Complaints regarding the provision of electronic services – the Customer may report to the Seller complaints in relation to the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the address of the company’s registered office or to the e-mail address. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem. The Seller undertakes to consider each complaint within 30 days, and if it was not possible, to inform the Customer during this period, when the complaint will be considered. In the event of any defects in the complaint, the Seller shall call the Customer to complete it within the necessary period within 7 days from the date of receipt of the request by the Customer.
Goods may have a manufacturer’s, Seller’s or importer’s warranty. In the case of Goods covered by the guarantee, information regarding the existence and content of the guarantee and the time for which it was granted is always presented in the description of the Goods on the Store’s websites.
Out-of-court ways of settling complaints and pursuing claims. The customer who is a consumer has, among others the following options for recourse to extrajudicial complaints and redress: he is entitled to ask the arbitration court to resolve the dispute arising from the concluded Sales Agreement; can get free assistance in settling the dispute between the Customer and the Seller, also using the free assistance of a consumer advocate or social organization, whose statutory tasks include protection of consumers; file your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
Personal data protection
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and their use may only take place in a manner specified and consistent with Regulations. Settlement of any disputes arising between the Seller and the Customer who is a Consumer is subject to the competent courts in accordance with the relevant provisions of the Code of Conduct. Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subject to a court having jurisdiction over the seat of the Seller. In matters not covered by these Regulations, the provisions of the Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of law shall apply. Any and all changes to these Regulations shall be communicated to each customer via the information on the main page of the Online Store containing a list of changes and the date of their entry into force. The date of entry into force of the amendments will not be shorter than 14 days from the date of their publication. In the event that the Customer does not accept the new contents of the Regulations, he shall notify the Seller about this fact within 14 days from the date of informing about the change in the Regulations. Notifying the Seller about the lack of acceptance of the new Regulations results in the termination of the Agreement.