1. Applicability and scope

The following General Terms and Conditions (hereinafter referred to as «GTC») apply to all business relationships between NovuTrade AG (hereinafter referred to as «Goodvibe», «us» or «we») and the customer (hereinafter referred to as «Customer», «Buyer» or «you») in respect of products (hereinafter referred to as «Products» or «Goods») purchased via our website www.goodvibe.ch (hereinafter referred to as the «Online Shop» or «Website»). Our offers, services, products and deliveries are provided exclusively on the basis of the currently valid Terms and Conditions and our Privacy Policy. These Terms and Conditions and our Privacy Policy also apply to all future business relationships, even if they are not expressly agreed upon again.

You can view the current Terms and Conditions at any time at https://goodvibe.ch/agb/ retrieve.

The online shop is operated by:

NovuTrade AG, Räffelstrasse 26, 8045 Zurich, Switzerland
VAT No.: CHE-411.410.893
Telephone: +41 43 333 44 20
Email: [email protected]

Any individual agreements concluded with the customer shall take precedence over these General Terms and Conditions. Any conflicting general terms and conditions of the customer shall not be recognised.

Goodvibe reserves the right to amend these Terms and Conditions at any time. Any amendments shall take effect upon publication of the new Terms and Conditions on the website. When purchasing a product, the date on which a binding order is placed with us shall be the relevant date for the applicability of the current Terms and Conditions.

The language of the contract shall be German exclusively. In the event of any conflict between this German text and the English text, the German text shall take precedence.

The products and services offered on this website are intended exclusively for customers who are resident in Switzerland and aged 18 or over. By placing a binding order for our products, you confirm that you have legal capacity and are aged 18 or over.

2. Conclusion of a contract of sale

The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the product from the online shop. Goodvibe expressly reserves the right to change the products themselves as well as the content, such as images, the product range, prices and product descriptions, at any time and without prior notice. Illustrations, images, brochures, advertising and other information relating to our products are provided for information purposes only and are not binding on Goodvibe.

None of the information on our website (product descriptions, images, videos, dimensions, weights, technical specifications, information on accessories and other details) constitutes, in particular, any assurance of characteristics or guarantees. All information regarding the CBD or THC content is to be regarded as non-binding guidelines. Any liability arising from the values being lower or higher than those stated is hereby fully excluded.

The customer may place a binding order for the products they have selected via our online shop. The customer may add the products they have selected to their «shopping basket». This does not yet constitute a binding order. An order is only deemed to have been placed in a binding manner once the customer clicks the «Place order» button on the order page at the end of the ordering process. Before submitting the order, the customer may view and amend the details at any time, identify any input errors and, if necessary, correct them before the order is finally and bindingly submitted.

Receipt of the order will be confirmed to the customer by email. This email contains the details of your order and our Terms and Conditions, which you accepted during the ordering process. This email serves solely to inform you that we have received your order. It does not yet constitute a contract of sale. By submitting your order, you confirm that you have read the Terms and Conditions and agree to them without reservation. We recommend that you print out the Terms and Conditions for the purposes of your online order and for your own records, or save them to your computer. The invoice for your order will be sent to you in a separate email.

Once you have placed a binding order, Goodvibe is free, at its sole discretion, either to accept the order or to reject it by sending you a notification by email, without accepting any liability towards you or third parties. Should the order be rejected, we will refund any payment you may have already made. You remain bound by your order for 15 days.

Upon acceptance of the order by Goodvibe, a binding contract of sale is formed with the customer. This acceptance is effected by means of an explicit notification sent by email.

Our products are sold and dispatched exclusively to adults (aged 18 and over) resident in Switzerland. By placing an order, you confirm that you meet these requirements. Goodvibe accepts no liability whatsoever for orders placed in breach of these terms and conditions. Payments made in contravention of our Terms and Conditions will not be refunded.

3. Age restriction and credit check

Some of our products are subject to age restrictions. By placing your order, you confirm that you have reached the required minimum age. We are entitled to verify your age through external providers (FRASPY and Intrum AG). For certain payment methods, we reserve the right to carry out a credit check via Intrum AG. In such cases, the conclusion of a contract may be made conditional upon the outcome of the check.

4. Cancellation of orders and administration fee

If a binding order is cancelled after it has been submitted, or if an order needs to be reversed, Goodvibe reserves the right to charge a processing fee of CHF 10.00 to cover the associated administrative costs. This work includes, in particular, processing and cancelling the order, amending or cancelling the invoice, and refunding any payments already made.

The processing fee covers only these internal costs and does not constitute a contractual penalty. If a payment has already been made, Goodvibe may deduct the fee directly from the amount to be refunded.

The fee may be charged regardless of which party initiates the cancellation, provided that these Terms and Conditions do not specify a different fee for a particular case. In particular, the processing fees set out therein apply in the event of cancellation, as well as in the case of undeliverable or uncollected parcels.

5. Availability and reservation of performance for products that cannot be supplied

All information regarding the availability, dispatch and delivery of a product is provisional and provided as a rough guide. It does not constitute binding or guaranteed dispatch or delivery dates. Goodvibe accepts no liability for delays in dispatch or delivery; furthermore, any failure to meet dispatch or delivery dates shall not give rise to any claims for damages or a right to withdraw from the contract.

Our products are available whilst stocks last. If, whilst processing your order, Goodvibe discovers that the products you have ordered are unavailable, we will inform you accordingly. In this case, no contract will be formed, or Goodvibe shall be entitled to withdraw from the entire contract or from part of it. In the event of termination of the contract, Goodvibe is under no obligation to provide a replacement delivery.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In such cases, we will inform the customer accordingly by email.

6. Prices and delivery charges

Our products and prices are as stated on the website. All prices are quoted in CHF (Swiss francs) for customers with a delivery address in Switzerland or the Principality of Liechtenstein and, unless otherwise stated, include statutory VAT and tobacco duty. Product prices quoted do not include delivery costs. The total price of your order, including all additional charges and delivery costs, will be displayed at the end of the ordering process. The sales prices do not include consultancy or support services.

By placing a binding order, you confirm that you agree to the total price for the products ordered. Once a binding order has been placed, the price cannot be changed.

Goodvibe reserves the right to change prices at any time. Products will be invoiced at the prices quoted at the time the binding order is placed.

7. Terms of payment

Customers may pay using the payment methods displayed on the website or during the ordering process. These may change from time to time. Goodvibe reserves the right to exclude customers from certain payment methods or to require payment in advance without giving reasons.

By selecting a payment method, the customer authorises the payment either by entering their credit card details or the login details for a payment service provider. The customer authorises Goodvibe to accept payments via the relevant method. In the event of any chargebacks, Goodvibe is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Goodvibe shall not be liable for any fees or other charges that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the authorisation parameters and address details, and request authorisation from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details provided are correct. Should the payment be declined, Goodvibe reserves the right to cancel the order and suspend dispatch of the products. In this case, we will contact you immediately.

Before the customer is redirected to the payment page (checkout) on the online shop, Goodvibe checks whether the ‘purchase on account’ payment option (including instalment payments) from CembraPay can be offered to the customer. To this end, Goodvibe forwards the customer’s details (full name, date of birth, address) to CembraPay AG, which then carries out a credit check on behalf of goodvibe. Unless otherwise specified in these Terms and Conditions or the Privacy Policy, the Terms and Conditions and Privacy Policy of CembraPay AG shall apply in addition.

If you fall into arrears, you will be liable to pay interest on arrears at a rate of 5% per annum. For each reminder letter sent to you after you have fallen into arrears, you may be charged a reminder fee of CHF 15.00. Any debt collection, legal and court costs shall also be borne in full by you; these are payable regardless of whether proof of damage is provided.

8. Terms of Delivery

Deliveries to Switzerland:
Your order will generally be packed and dispatched via A-Post on the same working day, provided you place your order before 5.00 pm. However, this does not constitute a binding or guaranteed dispatch or delivery date.

Deliveries to addresses in Switzerland are handled by the Swiss Post AG delivery service. For orders with a value of up to CHF 30, the customer will be charged a delivery charge of CHF 4.90.

Deliveries are sent by A-Post Priority or courier service to the address specified by the customer in the order. Upon dispatch, title and risk pass to the customer, to the extent permitted by law. Goodvibe is not obliged to provide proof of dispatch. Goodvibe cannot be held liable for any loss of goods during dispatch.

If the delivery cannot be made or is not collected by the customer, the additional postage costs and a handling fee of CHF 20.00 shall be borne by the customer. The item will only be dispatched again once payment has been received. In such cases, Goodvibe is entitled to terminate the contract immediately and without prior notice.

9. Retention of title

Goodvibe retains ownership of the products supplied until they have been paid for in full. Goodvibe may, for this purpose, have the retention of title entered in the public register, and the customer undertakes to provide the necessary declarations.

10. Cancellation Policy

We grant customers a ten-day right of withdrawal.

You have the right to withdraw from this contract within ten days without giving any reason.

The withdrawal period is ten days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item.

To exercise your right of withdrawal, you must inform us at NovuTrade AG, Räffelstrasse 26, 8045 Zurich, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, a fax or an email to [email protected]). You may use the attached model withdrawal form for this purpose, although this is not mandatory.

To comply with the withdrawal period, it is sufficient for you to send notification of your intention to exercise your right of withdrawal before the withdrawal period expires.

If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs, without delay and at the latest within ten days of the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund 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 delay and, in any event, no later than ten days from the date on which you notify us of your withdrawal from this contract. The deadline is deemed to have been met if you dispatch the goods before the ten-day period expires. You will only be liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics and functioning.

A cancellation incurs a processing fee of CHF 15.00. This amount is automatically deducted from the amount to be refunded.

Contracts for the supply of sealed goods, which are sealed for reasons of health protection or hygiene, are not suitable for return and cannot be cancelled if the seal has been broken after delivery.

The right of withdrawal does not apply to any products offered or sold at a reduced price (in particular promotional and special offers, clearance sales). There is no right of return or refund for such reduced-price products. It is at Goodvibe’s sole discretion whether it will nevertheless accept a return in individual cases.

If, following an inspection by Goodvibe, it transpires that the goods do not have any detectable defects or that these are not covered by the manufacturer’s warranty, Goodvibe may charge the customer for the costs incurred, the return delivery or any disposal costs.

11. Loyalty points

Goodvibe offers a voluntary loyalty points scheme via its online shop, which allows customers to collect loyalty points whilst shopping and redeem them for a discount on a future purchase. The loyalty points earned from a purchase are automatically credited to the customer’s account as soon as the order has been completed or dispatched.

The number of loyalty points awarded depends on the order value. The following guidelines currently apply:

• Order value CHF 50.–: 150 loyalty points (discount when redeemed: CHF 1.50)
• Order value CHF 100.–: 300 loyalty points (discount when redeemed: CHF 3.00)
• Order value CHF 150.–: 450 loyalty points (discount when redeemed: CHF 4.50)
• Order value CHF 200.–: 600 loyalty points (discount when redeemed: CHF 6.00)

Goodvibe may change these guidelines at any time.

Loyalty points may only be redeemed as a discount on a future purchase. It is not possible to pay for a purchase in full using loyalty points alone. Loyalty points or their equivalent value may not be redeemed for cash or in any other form.

A maximum number of loyalty points may be collected per customer account. Once this maximum limit is reached, any further loyalty points will not be credited or will lapse without replacement. The loyalty points scheme is voluntary and does not give rise to any legal claim against Goodvibe. In particular, Goodvibe reserves the right to adjust, restrict or discontinue the earning or redeeming of loyalty points, in whole or in part, at any time.

12. Claims and complaints

We place great importance on customer satisfaction. You can contact us using the contact details provided at the start of this document. We endeavour to review your enquiries and complaints as quickly as possible and will get in touch with you once we have received the relevant documents or your enquiry or complaint. If you have any complaints or issues, please help us by telling us the exact problem or error codes and, where possible, providing a copy of the order documents or at least quoting the order number. We aim to reply to you within 3 working days.

13. Notification of defects/warranty

The statutory warranty is hereby expressly excluded, insofar as this is permitted by law. Any warranty claims by the customer are limited to the scope of the manufacturer’s warranty.
In the event of valid complaints made within the specified time limit, Goodvibe shall, at its sole discretion, provide compensation in the form of a free repair, a replacement of equivalent value or a refund of the purchase price. Any further claims are excluded.

Goodvibe is unable to make any representations or warranties regarding the timeliness, completeness or accuracy of the data, nor regarding the continuous or uninterrupted availability of the website, its functions, embedded hyperlinks and other content. In particular, no representation or warranty is given that the use of the website will not infringe the rights of any third party not owned by Goodvibe.

14. Registering for an account

When you register a customer account, you can view details of your previous orders and save your address details. As your details are saved, you will not need to re-enter them when making a further purchase. Registering creates a permanent customer account.

When you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and in full. You are obliged to treat your personal login details as confidential and not to make them accessible to unauthorised third parties. Should you become aware of any indications that your customer account is being misused by third parties, you must inform us immediately.

Goodvibe undertakes to treat your data confidentially and not to disclose it to unauthorised third parties. For further information on data protection in relation to your customer account, please refer to our privacy policy, available at: www.goodvibe.ch/datenschutz.

Registration is free of charge. Each customer is only permitted to hold one customer account. We reserve the right to delete multiple applications and to issue warnings to, suspend or delete or amend the content of registered customers who breach these Terms and Conditions or individual agreements.
Goodvibe is under no obligation to accept a registered customer’s registration or order.

15. Liability

Goodvibe excludes all liability, regardless of its legal basis, as well as claims for damages against Goodvibe, to the extent permitted by law. Goodvibe also excludes any liability for direct or indirect damage (in particular to health) or consequential damage arising from defects, loss of profit or any other personal injury, property damage or pure financial loss suffered by the customer, to the extent permitted by law. Goodvibe also excludes liability for any of its agents or vicarious agents, to the extent permitted by law.

The consumption or use of the products offered by Goodvibe is at the customer’s own risk. The products on offer may be harmful to your health and can lead to severe addiction. By making a purchase, the customer acknowledges that the use of these products is at their own risk. All warnings and instructions for use relating to the products must be strictly observed. Furthermore, Goodvibe accepts no liability whatsoever in the event of misuse of the products.

The sale of cuttings involves the supply of natural products, the characteristics of which are subject to natural variations. We endeavour to supply you with the correct variety at all times; however, we cannot guarantee that no errors will occur during the sorting process. Liability for any mix-ups regarding varieties is expressly excluded. No guarantee is given regarding the CBD or THC content of the cuttings. Variations in the concentration of active ingredients are due to natural causes and do not constitute a defect. Any liability for direct or indirect damage, as well as consequential damage arising from defects, is excluded to the extent permitted by law. This applies in particular to pest infestation, improper handling or use of the cuttings for purposes other than those intended. Returns or exchanges of cuttings are not permitted. Please note: CBD cuttings must not be used for agricultural purposes.
Under the Swiss Medicines Ordinance, any claims regarding therapeutic effects are prohibited, and we are not authorised to provide information on healthcare matters. The CBD products are not intended for the treatment of diseases, nor for prevention or diagnosis. Please consult your doctor before using CBD products. CBD must not come into contact with mucous membranes.

Goodvibe uses hyperlinks solely to facilitate customers’ access to other websites. Goodvibe is not aware of the specific content of these websites, nor can it accept any liability or other responsibility for the content of these websites.

16. Data Protection

When you use our website and contact us, various items of personal data are collected. Goodvibe collects and processes personal data only in accordance with legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related matters can be found in our Privacy Policy. This is available at www.goodvibe.ch/datenschutz. We may amend or supplement the Privacy Policy at any time.

17. Use of AI systems

We use AI-powered systems to process enquiries, communicate with our customers and create content. For details of what personal data is processed in this context and which providers we use, please refer to our Privacy Policy.

Calls to our customer service number may be answered by an AI-powered voice assistant. We will inform you of this at the start of the call. If you wish, we can put you through to a member of staff.

Content and information generated using AI may contain errors despite careful checking. Only the details set out in the product description at the time of ordering and those contained in our order confirmation are binding. Statements made by an AI system do not, in themselves, constitute a legally binding commitment on our part.

A contract of sale is concluded exclusively in accordance with clause 2 of these General Terms and Conditions. An AI system does not make any legally binding declarations of intent on our behalf.

We do not make decisions that have legal consequences for you or significantly affect you solely on the basis of automated processing.

18. Copyright

The information and content published on the website are protected by copyright and are the property of Goodvibe or the relevant rights holder. Reproduction, adaptation, distribution or any other form of use requires the prior written consent of the relevant rights holder. Goodvibe and the relevant rights holder expressly reserve all rights in this regard.

19. Severability clause

Should any provision of these General Terms and Conditions be or become unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which, as far as possible, reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same shall apply to any omissions in these Terms and Conditions.

20. Applicable law and place of jurisdiction

These General Terms and Conditions, the contractual relationships based thereon and any disputes arising therefrom shall be governed exclusively by Swiss substantive law, to the exclusion of the conflict-of-laws rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the Hague Convention and private international law, subject to mandatory statutory provisions.
The exclusive place of jurisdiction is Zurich. This is subject to any mandatory places of jurisdiction provided for by law. We also reserve the right to bring proceedings against you before your ordinary court