General Sales Conditions (GSC)
1. General note
These General Sales Conditions (hereinafter referred to as "GSC") of CBB Net SA apply to all products and services (hereinafter referred to as "Products") offered by CBB Net SA as part of its activities relating to electronic commerce on theonlineshop.ch as well as associated landing pages and specific websites of the offered product (hereinafter generally referred to as "theonlineshop.ch"). The term "customer" refers to any natural or legal person who enters into a business relationship with CBB Net SA via theonlineshop.ch or who logs in to theonlineshop.ch.
2. Field of application
Unless otherwise specified by CBB Net SA for a specific product, the present GSC apply to all products offered on theonlineshop.ch as well as to landing pages and specific websites of the various products. Any commercial transaction between CBB Net SA and the customer takes place exclusively on the basis of the present GSC. CBB Net SA may change the conditions for theonlineshop.ch at any time and without notice. In case of amendments, upon publication, the amended GSC come into force immediately and replace any previous versions of the GSC, that until then had been valid on theonlineshop.ch.
3. Offer
Any information relating to descriptions, product images, dimensions, weight, etc., including prices, is information that is subject to variations and amendments and is in no case binding. Furthermore, CBB Net SA reserves the right to make changes of a technical nature.
CBB Net SA assumes no responsibility regarding the general information of the products, the information about their availability, or regarding their guarantee. CBB Net SA commits itself to presenting this information in the best possible way and to keep it updated. This information is partially provided by the suppliers and is made available to the customer by CBB Net SA.
The Customer acknowledges that there may be a delay in delivery in the event of a supply shortfall or in the case of inaccurate and/or missing inventory data. CBB Net SA commits itself to avoiding such situations and reporting this data as accurately as possible.
Information related to availability and delivery times is not binding; it is without warranty and subject to change, without notice. Furthermore, a delivery may even not take place, if the ordered product is no longer manufactured or if the delivery is not possible. In this case, an impossibility of delivery will come into force, and the provisions of Article 6 of the present GSC will apply.
4. Prices and shipping costs
Unless otherwise specified, all prices indicated in Swiss francs on theonlineshop.ch are to be considered inclusive of VAT and excluding shipping costs.
The price of the product indicated on theonlineshop.ch at the time of the order is binding. Nonetheless, CBB Net SA reserves the right to retroactively adjust the price, should there have been an error on the price at the time of the order, for technical or other reasons.
In general, shipping takes place via the Swiss Post. Unless otherwise indicated, shipping costs are charged to the customer and may vary depending on the quantity of the order or the value of the goods.
5. Registration
The data requested when registering the customer on theonlineshop.ch must be specified truthfully and completely. Each customer is responsible for the recorded information and for this update. CBB Net SA assumes no responsibility of any kind with regards to the content and information provided by the Customer. Furthermore, the customer must ensure that his login data is not made available to unauthorized third parties. Registration is reserved exclusively for those who have the faculty to act. The customer declares to be at least 18 years old at the time of the order, that he is not under guardianship and that he has the faculty of discerning.
The customer is responsible for ensuring that the specified email address is valid and that there is sufficient space in his mailbox. CBB Net SA is not responsible if an e-mail should be marked as spam; the customer is required to ascertain this and should it be the case, mark the sender as "not spam". An e-mail that ends up in the spam folder, and particularly an order confirmation, is retained to be valid. CBB Net SA is responsible for sending the emails, but does not take responsibility for the classification or the delivery to the customer's mailbox, since this depends on the customer's data and settings made by the client. In case of doubt, CBB Net SA invites the customers to contact customer service.
There is no right of claim on the data recorded or published by the customer (for example in the case of a product evaluation). CBB Net SA has the right to delete or amend the contents.
Each customer has the right to open and use a single customer account (account). It is prohibited to open and manage more than one (1) account per client. CBB Net SA reserves the right to not accept a registration, to send a warning, or cancel a registration for non-compliance with the following GSC.
6. Termination of contract
By clicking on the confirmation button of one of the available payment methods (the last step in the order procedure), the customer commits himself to a binding commitment to CBB Net SA for the placed order. The contract is finalized the moment that the order is accepted by CBB Net SA or at the latest upon delivery of the ordered product. The customer receives an order confirmation by e-mail that is automatically generated by theonlineshop.ch.
However, the order confirmation cannot guarantee that a product is actually available and deliverable; this is subject to the conditions described in Article 3 of the present GSC. CBB Net SA reserves the right to not accept an order, without the need for justification.
If a product is not available, as stated in Article 3 of the present GSC, the customer will be informed and will be submitted with an alternative proposal. If the customer does not accept the proposed alternative, he is obliged to inform CBB Net SA in writing (or by e-mail) within 5 days of the alternative proposal offered by CBB Net SA. In this case, there will be a cancellation of the order in accordance with Article 13 of the present GSC. If the customer does not reject the alternative proposed by CBB Net SA in writing (or by e-mail) within this period, the contract will remain valid and the customer will commit himself to accept the alternative solution delivered by CBB Net SA.
7. Terms of payment
The customer commits himself to use only the payment methods offered by CBB Net SA on theonlineshop.ch. Any additional costs due to the processing of the payment will be at the charge of the customer.
8. Reservation of Ownership
Ownership of a product is granted to the customer only after full payment of the sale price. Until that time the product remains the property of CBB Net SA.
9. Late payment
Upon late payment by the client, all arrears are immediately due and CBB Net SA is entitled to apply a minimum fee of CHF 30.- for administrative costs; furthermore, any interest or expenses for damages will be at the Customer’s charge. CBB Net SA reserves the right of withdrawal.
In case of delay in the Customer's payment, CBB Net SA is authorized to entrust the recovery of the amounts due and to assign the credits to third parties in Switzerland or abroad.
10. Delivery
Delivery takes place exclusively in Switzerland (and in Liechtenstein only for products with up to 0.1% of hydrogen peroxide in bound or free form), and is generally carried out by the Swiss Post. If the customer wants a registered shipment, a surcharge of CHF 2.00 will be charged for each shipment. CBB Net SA is not responsible for the correct delivery or shipment of the ordered products. CBB Net SA is not responsible for the delivery of the goods, if these are left unattended, in case, for example, the customer has been unable to receive the merchandise.
The delivery times are not binding and the delay in delivery is not a valid reason for the withdrawal from the contract by the customer, nor does it gives the customer the right to any kind of compensation.
The customer is required to check the goods immediately after delivery and must report any errors or defects to CBB Net SA within 48 hours of receiving the order. Subsequently, the provisions of Article 11 of the present GSC will apply.
CBB Net SA is not responsible for any damage caused during transport or the negligence of third parties. In the event of damage occurring during delivery, the customer is obliged to inform CBB Net SA and the Swiss Post in writing within 48 hours of receipt of the order. Each delivery is subject to the responsibility of the customer, until the latter cannot transfer this responsibility to the transport company.
CBB Net SA has the right to limit the available quantity and therefore, their delivery for some products, without the need for justification.
11. Return and replacement policy
Fundamentally (and particularly for hygiene and cosmetic articles), the client has no right of return or replacement. The right of withdrawal or price reduction is excluded. The customer will only be entitled to a replacement if an incorrect delivery has taken place or if the product is defective. The customer must inform CBB Net SA in writing (or by e-mail) and attach photos to demonstrate what has been reported. The right of replacement applies only to products with a manufacturing defect or those which are defective. In each case, CBB Net SA reserves the right to make a partial replacement.
The customer must first report the return request and wait for written approval from CBB Net SA before returning the goods at his own expense and risk, in the original packaging. Only returns in the original packaging will be accepted. If no defect is found, the customer will be required to pay the costs for returning the goods.
If no damage or defect is reported to CBB Net SA within 48 hours of receipt of the goods, this is considered flawless and accepted on the part of the customer.
12. Liability
CBB Net SA completely excludes the right to compensation or termination of the contract for breach of contract, the impossibility of performance, indebtedness at the time of conclusion of the contract, or in the event of inability to act (except in the case of gross negligence or deliberate action). Any liability for direct, indirect, or consequential damages of any nature (for example, in the event of an accident and/or injury in relation to the products purchased on theonlineshop.ch) deriving from the use, improper use, or failure of performance, is expressly excluded.
For products that include an instructions leaflet, the customer acknowledges that he has been instructed on the use and/or application of the said product and that he is informed about the potential possible risks and dangers associated with the product. The customer is obliged to take into consideration all safety regulations and warnings relating to the products. The customer also acknowledges that he can obtain all important information about a product before purchasing it at theonlineshop.ch. He, therefore, acknowledges that he has been informed in advance (before placing the order) about any potential risks and dangers associated with a product.
The access and use of theonlineshop.ch is not guaranteed.
In the case of links (links) that lead from theonlineshop.ch to third-party websites and which are therefore not managed by CBB Net SA, the latter is not responsible for the content published on these websites.
13. Cancellation
As indicated in Article 6 of the present GSC, orders placed on theonlineshop.ch are binding and the customer is required to accept them. In principle, cancellations are not possible, except in some exceptional cases where they can be approved by CBB Net SA. The customer acknowledges and accepts that in the event of an approved cancellation, CBB Net SA will retain 25% of the order value, in any case, a minimum of CHF 30.- to which all costs relating to transport and/or expenses relating to the loss of value of the product may be added.
If within 14 days of delivery of the order, the goods have not been accepted by the customer, CBB Net SA reserves the right to cancel the contract and to claim the costs mentioned above from the customer. The sums paid by the client to CBB Net SA will be re-transmitted to the client on the account from which they have been issued, after deducting the above-mentioned cancellation fees.
In the event of the impossibility of delivery, as described in Article 6 of the present GSC, the amounts prepaid by the customer will be fully refunded to the account from which they were issued.
14. Warranty
If no warranty conditions are stated in a product description, there is no warranty right.
In the case of defective products, Article 11 of the present GSC applies. The receipt (or order confirmation) is valid as a guarantee certificate and must be submitted to CBB Net SA with the guarantee application.
15. Newsletter
You may unsubscribe from the newsletter at any time by sending an e-mail to support (at) theonlineshop.ch.
16. Promotional codes, gift vouchers, bonus points
On the theonlineshop.ch it is possible to redeem promotional codes, gift vouchers, and bonus points. The same are provided and issued exclusively by CBB Net SA and may be subject to different conditions, expressly defined for each case, by CBB Net SA.
Cash payment is excluded in any case. There is no right to replacement in the event of loss or theft. In case of misuse or abuse of promotional codes or other gift vouchers, these will be declared invalid or canceled. Violators will be legally prosecuted.
17. Data protection, security, and confidentiality
The information necessary for the performance of the service is recorded and processed by CBB Net SA. To ensure the regular performance of the service, this information may be disclosed to third parties (for example, transport companies and other partners of CBB Net SA). All personal data is treated confidentially.
The Customer has the possibility to change his personal data on his customer account at any time.
For more information on data protection, please consult the "Data protection declaration".
The internet is an open network that is easily accessible to all, therefore it is not considered a secure environment, therefore no responsibility for the secure transmission of data via the internet can be assumed.
Data transmission on theonlineshop.ch is encrypted using an SSL certificate. The payment methods (in particular PayPal, credit card payments, SOFORT BANKING, Postfinance) have their own SSL certificate and take place via an encrypted connection at 128 respectively 256 bits.
The most advanced security technology provisions are used to prevent unauthorized access to customer data.
18. Jurisdiction and applicable law
The exclusive place of jurisdiction for all disputes with CBB Net SA is Bellinzona. CBB Net SA reserves the right to sue the customer at the law courts at his place of residence. Swiss law is exclusively applicable.
19. Intellectual Property
The present GSC as well as all images and texts on theonlineshop.ch are protected by copyright and belong to CBB Net SA or one of its partners. CBB Net SA has the exclusive right of use. Use of any kind, even only in part, as well as in modified form, is absolutely prohibited, unless expressly permitted in advance and in writing by CBB Net SA.
No rights of any kind are acquired, whether through accessing, downloading, copying, or transferring pages or other content on theonlineshop.ch.
Violators will be legally prosecuted.
20. Saving clause
In case of partial nullity of the contract or the present GSC, as well as in the case of any unforeseen omissions in the contract or the present GSC, the customer commits himself to respect the valid part. CBB Net SA reserves the right to declare the entire contract null and void.
Avril 2022 (version 2.0)