General Terms and Conditions of Sale (GTCS) – 19.06.2022
1. Scope of application
HU CARE is an online store presenting eco-responsible products. Purchasers (hereinafter referred to as “Purchasers” or “Buyer”) may acquire physical or digital products and services through the online store.
These GTC apply to all services offered by HU CARE. By using the services of HU CARE, the Purchaser accepts the following terms and conditions without any modification and in their entirety.
The use of personal data is governed by the data protection declaration. The data protection declaration is an integral part of these GTC.
2. Offer
The offer is addressed to natural or legal persons who have their domicile or registered office in Switzerland. Products are only delivered to addresses in Switzerland.
The offer is valid as long as it appears in the online store and while stocks last. Price and assortment changes are possible at any time. The images presented in advertisements, brochures, the online store, etc., as well as all information concerning the products are for illustrative purposes only and are not binding.
3. Awards
All prices are in Swiss francs and include value added tax (VAT).
The price indicated in the online store at the time of the order is binding. Prices are for unpacked goods and exclude shipping costs.
Additional services that are subject to a charge, such as delivery, are shown separately in the Buyer’s shopping cart and on the invoice.
4. Registration
For an online order, the Buyer must identify himself in the online store with his user name or e-mail address and his password (hereinafter referred to as “access data”; the corresponding user account “online account”). If the Buyer does not yet have an online account, he/she will be required to register in the online store with the necessary data when placing his/her first online order.
The access data, communicated to the Buyer, are intended for personal use by the Buyer and must be treated confidentially. All orders placed through the online account are assigned to Buyer as the online account holder and are binding on Buyer.
5. Control
Orders can be placed through the online store, by phone or by email.
In the case of orders placed via the online store, the Buyer will receive an order confirmation by e-mail once the order process is completed. This confirmation does not yet constitute acceptance of the offer by HU CARE.
HU CARE can, without justification, refuse the order in whole or in part. In this case, the customer is informed and any payments already made are refunded. Any further claims are excluded, in particular products not available are not delivered later. Temporarily unavailable products cannot be reserved.
6. Delivery
The delivery address of the Buyer must be in Switzerland.
Delivery costs are at the expense of the Buyer.
The delivery time must not exceed 30 days.
HU CARE excludes its liability for any damage that may result from the delivery of the products.
In the event of delivery being prevented, the Buyer will be informed as soon as possible. He then decides whether he wants 2 partial deliveries or whether a global delivery should be made.
7. Warranty
HU CARE does not accept any liability for defects or lack of promised features.
8. Claim
If products are delivered with visible damage to the packaging or contents, the Buyer must immediately notify HU CARE and refuse acceptance, notwithstanding its warranty rights for defects.
Furthermore, it is the responsibility of the Buyer to check the ordered products immediately upon receipt and to store them properly. In the event of defects or deviations from the order, HU CARE must be notified on the day of delivery either by telephone or by email. Thereafter, only hidden defects can be claimed and must be reported to HU CARE immediately after discovery. The amount paid by the Buyer for the defective goods shall be credited to the customer’s account. HU CARE reserves the right to demand proof of the defect.
9. Payment options
Payment methods accepted are credit cards (Visa, Mastercard, American Express) and Paypal. In case of payment by credit card, the debit will be made directly when the product is ordered.
10. Assets
If the customer is entitled to credit notes, they will be credited to the customer’s account and can be used for purchases at HU CARE.
HU CARE vouchers may not be sold or auctioned under any circumstances. Only one voucher can be used per order.
11. Intellectual Property
The online store and all content accessible in the online store (hereinafter referred to as “content”) are protected by copyright and are the exclusive and complete property of HU CARE, unless otherwise agreed. The online store may contain warnings about third-party protective and exploitation rights, which the Buyer must take into account. The reproduction (in whole or in part), dissemination, transmission (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is prohibited without the prior written consent of HU CARE.
12. Final provisions
The place of performance for the services of HU CARE is the headquarters of HU CARE. In case of dispute, only the French version of the present general conditions of sale is valid.
HU CARE reserves the right to change these terms and conditions at any time. Changes are communicated on the HU CARE website and come into effect at the time of their posting.
If any provision or provisions of these GTC are or become null and void or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions of these GTC or the purchase of products from the Online Shop. In such event, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that best serves the economic purpose of the provision to be replaced. This also applies if there is a gap in the regulations in these terms and conditions.
These GTC and any disputes arising out of or in connection with the relationship between HU CARE and the Buyer shall be governed exclusively by Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”).
The exclusive place of jurisdiction for all disputes between HU CARE and the Buyer is the registered office of HU CARE.