Terms and Conditions

November, 2022

1 General / Applicability of Terms and Conditions

1.1 By submitting an order on the website of Viridi Orbis GmbH, the customer (hereinafter referred to as 'the customer' for ease of reading) expressly agrees to these General Terms and Conditions (hereinafter 'GTC') of Viridi Orbis GmbH, Rohnenstrasse 7, 9411 Schachen b. Reute, CHE-481.482.142 (hereinafter 'Viridi Orbis GmbH').Before a customer places an order, Viridi Orbis GmbH assumes that the customer has read and understood the GTC.
1.2 These GTC apply to all orders placed by the customer with Viridi Orbis GmbH via the Viridi Orbis GmbH website, mobile website, mobile applications, telephone or other electronic communication channels, unless another individual agreement has been made.
1.3 Orders can only be placed by natural persons who - depending on the product - are at least 18 years old or at least 16 years old and who are not under guardianship or custodianship.
1.4 Products with an age restriction of 18 years or 16 years can be ordered directly from Viridi Orbis GmbH by credit card, TWINT, or advance payment. In case of justified doubts about the customer's actual age, Viridi Orbis GmbH is entitled to request a legible current copy of ID via contact form or mail so that Viridi Orbis GmbH can activate the customer account.
1.5 If the examination of the legible current copy of ID reveals that the customer has not reached the minimum age of 18 years or 16 years for the respective product, or if there are other justified doubts about the actual age or identity of the customer, Viridi Orbis GmbH will refuse delivery and any money already transferred to Viridi Orbis GmbH will be refunded.
1.6 Viridi Orbis GmbH reserves the right to change the GTC from time to time without prior notice or notification to its customers. The version of the GTC valid at the time of the order is legally binding and cannot be unilaterally changed for the current order.
1.7 For each order, the latest version of the GTC published on the Viridi Orbis GmbH website at the time of the order applies. This valid version can be accessed at https://v-og.ch/agb/. If the current and authoritative GTC are not accessible via the aforementioned link, the customer must independently obtain the currently valid version of the GTC relevant to their order. Viridi Orbis GmbH will not incur any financial losses, such as liability for damages, due to a temporary unavailability of the GTC.
1.8 Viridi Orbis GmbH wants to offer its customers an optimal online experience. To do this, Viridi Orbis GmbH must ensure that the services function properly. The customer therefore agrees,
(i) not to publish, transmit, forward, upload or support any communications or content that could harm or negatively affect Viridi Orbis GmbH, its products or services;
(ii) not to act in a manner or use means that restrict, impair, disrupt, hinder other customers in their use and enjoyment of the Viridi Orbis GmbH website or impair the security of the website in any way, and
(iii) not to use means or machines, software, tools, agents, scripts or other means or mechanisms (including spiders, bots, crawlers, avatars or intelligent agents) to navigate or search through the Viridi Orbis GmbH website or to copy content from the website.
(iv) Viridi Orbis GmbH reserves the right to immediately deny access to customers who violate this provision or any other provision in these GTC and to delete their account.
1.9 In case of ambiguities and/or contradictions between the German and English GTC text, only the German text is authoritative and legally binding.

2 Offer

2.1 The offer is valid as long as it is listed in the online shop and/or in stock. Viridi Orbis GmbH reserves the right to add new products to the website at any time or to delete existing items, thereby removing them from the online shop.
2.2 The prices indicated on the Viridi Orbis GmbH website include statutory value-added tax and shipping costs.
2.3 The prices in the Viridi Orbis GmbH stores and in the online shop may differ. The customer is not entitled to the potentially lower price.
2.4 Images shown in advertising, brochures, online shop, etc. serve as illustrations and are non-binding.

3 Order

3.1 For an online order, Viridi Orbis GmbH requires information about the user (name, address, email address, etc.). This information is used exclusively for establishing and processing the business relationship between the customer and Viridi Orbis GmbH. If a problem arises with the processing of an order, this information will be used to contact the customer.
3.2 A modification of orders by the customer is only possible as long as the customer has not yet completed the ordering process by clicking the confirmation button. Once the customer has clicked the confirmation button and thus submitted their offer to Viridi Orbis GmbH, a modification of the order is no longer possible.
3.3 An order is considered an offer to the Viridi Orbis GmbH online shop to conclude a contract.
3.4 By clicking on the order button, the customer confirms the correctness of all information provided. By clicking on the confirmation button, the customer also submits their binding offer to purchase the ordered products according to the aforementioned section.
3.5 The price to which the customer agreed at the time of the order will be charged. Despite the application of the utmost care, erroneous price information cannot be completely excluded. All price information is therefore non-binding.
3.6 After submitting the order by clicking the confirmation button, the customer receives an automatic confirmation of receipt, documenting that the order has been received by the online shop.
3.7 The online shop is free, without giving reasons, to reject orders in whole or in part. In this case, the customer will be informed, and any payments already made will be refunded. This refund does not affect unnecessary inconveniences caused by the customer within their area of responsibility. In this case, Viridi Orbis GmbH reserves the right to withhold a portion of the already paid purchase price. Further claims by the customer are excluded.
3.8 Viridi Orbis GmbH strives to present product information correctly. The product information published on the Viridi Orbis GmbH website is regularly updated with the utmost care. In exceptional cases, this information may differ from the actual information printed on the packaging. In such a case, the information on the packaging is always authoritative.
3.9 In any case, the customer is obligated to read specific information about allergies, intolerances, diabetes, etc. on the product packaging before consumption.
3.10 The customer has no claim to acceptance of their offer by Viridi Orbis GmbH. Viridi Orbis GmbH is free to not accept an order and to refuse its confirmation without giving reasons. In this case, prompt notification will be sent via email.

4 Conclusion of Contract

4.1 A contract is only concluded when the ordered products are dispatched. As soon as the order has been dispatched, the customer will be informed via email.
4.2 The customer has the option to cancel the delivery if it has not yet been dispatched. If such a delivery has already been paid for, Viridi Orbis GmbH will refund the amount already transferred or paid.
4.3 With the separation of the delivery goods in the production facility of Viridi Orbis GmbH, benefits and risks transfer to the customer in accordance with the Swiss Code of Obligations.
4.4 Viridi Orbis GmbH endeavors to deliver within 4 to 5 working days within Switzerland and within 5 to 15 working days throughout Europe and internationally after receipt of the order confirmation.
4.5 Although Viridi Orbis GmbH strives to deliver within the timeframe specified in the aforementioned section, delivery may take longer due to unforeseen events. In the unlikely event that the delivery time exceeds 30 days, the order can be canceled by the customer, and any purchase price paid will be refunded by Viridi Orbis GmbH.

5 Delivery

5.1 Viridi Orbis GmbH autonomously determines, i.e., in particular without involving the customer, whether delivery is made by Viridi Orbis GmbH itself or whether a suitable external service provider is commissioned with the delivery. The shipping costs are included in the price according to section 2.2 of these GTC.
5.2 The ordered products are delivered to the delivery address provided by the customer.
5.3 Deliveries by Viridi Orbis GmbH and its delivery service partners are made to the address or deposited at the location where the parcel service usually deposits packages for such addresses.
5.4 Delivery time information is non-binding. In case of delivery delay, the customer will be informed promptly via email.
5.5 Delivery delay never leads to a price reduction. Failure to meet delivery deadlines by Viridi Orbis GmbH and its delivery service partners does not entitle the customer to withdraw from the contract, reduction, replacement performance, or compensation.
5.6 If Viridi Orbis GmbH cannot deliver the order completely, the latter is entitled to make partial deliveries. If multiple deliveries are necessary, no additional shipping costs will be incurred by the customer for subsequent deliveries.
5.7 In the event that Viridi Orbis GmbH or its delivery service partners should not be able to execute a delivery confirmed by Viridi Orbis GmbH, Viridi Orbis GmbH has no obligation to carry out the delivery in any other way. In this case, the order will be canceled by Viridi Orbis GmbH without replacement. The customer will receive a corresponding message to their email address, if provided. The customer is not entitled to compensation, but will be refunded any purchase price already paid. However, expenses unnecessarily caused by the customer are not affected by the obligation to refund and will be retained by Viridi Orbis GmbH according to the principle of discretion.
5.8 Should one of the items ordered by the customer not be in stock at Viridi Orbis GmbH, the delivery of the other items is not affected. Missing items will be delivered to the customer as soon as possible and postage-free.
5.9 Offers may sometimes only be available in limited quantities. Due to high demand, products can sell out quickly. Viridi Orbis GmbH is not liable for products that are not available, particularly with regard to any direct or indirect damages that may result.
5.10 Time-limited offers are only valid for the period specified by Viridi Orbis GmbH.
5.11 All prices listed in the online shop are in Swiss Francs (CHF) including VAT. Payment in foreign currency does not have to be accepted by Viridi Orbis GmbH.
5.12 Viridi Orbis GmbH reserves the right to block customers who refuse acceptance.
5.13 For redelivery due to incorrect address information or other reasons that are the customer's responsibility, the customer bears any additional shipping costs that may arise.
5.14 The customer is obligated to provide truthful information and to adhere to their information. If the customer violates this, i.e., deliberately transmits false information, and Viridi Orbis GmbH cannot deliver the order as a result, e.g., due to incorrect address information provided by the customer, Viridi Orbis GmbH is entitled to cancel the order and demand a flat-rate compensation for inconvenience of up to CHF 200.00.

6 Warranty Rights

6.1 Any material warranty is excluded to the extent legally possible, unless the defect has been fraudulently concealed or Viridi Orbis GmbH has assumed a guarantee for a certain quality. The following rules apply.
6.1.1 The customer must inspect the goods immediately upon receipt of the delivery. Any complaints will be accepted by Viridi Orbis GmbH in writing within a period of 5 working days from delivery of the goods to the customer and subsequently processed. If this immediate notification is not made, the ordered item is deemed approved. The deadlines and obligations according to Art. 201 OR (Swiss Code of Obligations) are waived and replaced by the provisions of this contract.
6.1.2 The right of rescission according to OR, in particular Art. 205 Para. 1 and Art. 208 OR, is hereby excluded. However, if a defect is effectively present, the customer is free to pursue reduction or replacement.
6.1.3 To make use of the reduction or replacement, the customer informs Viridi Orbis GmbH about the defective delivery within the aforementioned period of 5 working days. It is at the discretion of Viridi Orbis GmbH to decide whether the existence of a material defect is determined by electronic transmission of photos, an inspection, or the postal return of the goods.
6.1.4 Reduction or replacement are excluded for all goods whose original packaging has been opened, written on, damaged, or deviates from the original condition in any other way. In particular, damages that are the buyer's responsibility, e.g., due to improper handling, are excluded from the warranty.
6.2 In case of damage to the articles during transport, which prevents consumption and/or suitability for the intended purpose of the item, a complaint must be made within 48 hours from delivery of the goods, i.e., when the goods have been transferred to the customer's sphere of control. Otherwise, the claim for free replacement expires. If the goods are not returned or if Viridi Orbis GmbH finds no defects or only defects caused by the buyer on the complained goods, the buyer bears the costs of the replacement delivery.

7 Invoicing

7.1 Viridi Orbis GmbH reserves the right to execute orders exclusively against advance payment in Swiss Francs. For payment, various payment methods are available depending on the product, whereby Viridi Orbis GmbH is entitled to decide at its own discretion and without giving reasons which payment method according to the following section is accepted in each individual case.
7.2 The various payment options are: E-Banking (advance payment), credit card, TWINT, and paper invoice by email or mail with payment slip (Bexio). Advance delivery with the option of payment on invoice is not available.
7.3 For each shipment, an invoice is issued according to the payment options of the preceding section in Swiss Francs including VAT.
7.4 Viridi Orbis GmbH reserves the right not to offer or no longer offer the payment option 'on invoice' to a customer if circumstances become known that may impair the customer's ability to pay (e.g., payment default, poor creditworthiness, etc.).
7.5 For paper invoices with payment slip, an invoice fee of CHF 3.50 is charged per order, with delivery by Viridi Orbis GmbH in any case only after receipt of payment.

8 Payment Deadline

8.1 For payment with Mobile Payment, the charge is made immediately upon order.
8.2 For a delivery to be dispatched by Viridi Orbis GmbH to the customer, the entire amount owed by the customer must be paid in advance.
8.3 Viridi Orbis GmbH reserves the right to pass on collection processes and payment information of any kind to the company commissioned by Viridi Orbis GmbH with collection.

9 Data Protection

9.1 The data necessary for business processing is stored and, if necessary, passed on to the company commissioned with shipping and invoicing as part of order processing.
9.2 All personal data is treated confidentially.

10 Disclaimer

10.1 The mandatory liability of Viridi Orbis GmbH under applicable Swiss law is not excluded or limited by any provision in these GTC.
10.2 Viridi Orbis GmbH excludes any liability, including negligence, that may arise from access or prevented access to the online shop or any of its elements and from its use.
10.3 In particular, Viridi Orbis GmbH is not liable for indirect damages resulting from the actual damage or loss, e.g., lost profit or lost business opportunities, or for goods not delivered or non-fulfillment of another obligation under these GTC, if the cause is beyond the control of Viridi Orbis GmbH, such as fire, flood, storm, riots, civil unrest, war, reactor accidents, and terrorist acts.
10.4 Access to the online shop and its use are not guaranteed.
10.5 The online shop contains links to third-party websites. These pages are not operated or monitored by Viridi Orbis GmbH. Viridi Orbis GmbH disclaims any responsibility for the content and compliance with legal data protection regulations by the operators of linked pages.
10.6 The maximum liability of Viridi Orbis GmbH for losses or damages incurred by the customer from an order on the Viridi Orbis GmbH website is limited to the total amount of the order.

11 Copyright

11.1 It is prohibited to reproduce, copy, or share the website, except for the purpose of placing an order with Viridi Orbis GmbH.
11.2 Brand, marks, logos, graphics, navigation bars, button icons, designations, etc., displayed on the website are the property of Viridi Orbis GmbH. There is no right to use data without the written permission of Viridi Orbis GmbH.

12 Severability Clause

12.1 If parts of these GTC are declared inadmissible or ineffective by a court or regulatory authority, the validity of the remaining provisions remains unaffected.

13 Applicable Law / Jurisdiction

13.1 The legal relationships between Viridi Orbis GmbH and the customer are exclusively subject to Swiss law.
13.2 The exclusive place of jurisdiction for all disputes is Altstätten SG.