General Terms and Conditions (GTC) of Goodvibe GmbH

The offer on this website is aimed exclusively at customers with Swiss domicile who are over 18 years of age.

1. Scope

For the use of this website as well as the business relations between Goodvibe GmbH (hereinafter Goodvibe), Seebergstrasse 1, CH-8103 Unterengstringen and their customers, the following General Terms and Conditions (GTC) apply in the version currently available and valid when the website is called up or when ordering goods.

The customer is any natural and legal person who has business relations with Goodvibe. The Terms and Conditions, the Terms and Conditions of Delivery and Payment as well as the Data Protection Regulations may be made from time to time. Goodvibe asks you to read these provisions carefully every time you visit the website and every order for goods.

These General Terms and Conditions apply exclusively. Contradictory, supplementary or deviating terms and conditions require the express written confirmation by Goodvibe in order to apply them. The customer confirms when using this website or when ordering goods these general terms and conditions including delivery and payment conditions comprehensively.

Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.

The operator of this website is Goodvibe GmbH.

2. Information on this website

Goodvibe makes every effort to provide all information and information on this website correctly, completely, up-to-date and clearly, but Goodvibe cannot guarantee this, either expressly or implicitly.

Goodvibe contains information about products and services. We reserve the right to change prices and assortments as well as to make technical changes. All offers on this website are considered to be subject to change and are not to be understood as a binding offer.

All information on Goodvibe (product descriptions, illustrations, films, mass, weights, technical specifications, accessories and other information) is to be understood only as approximate values and in particular does not constitute an assurance of characteristics or guarantees. All information on CBD or THC content is to be understood as non-binding guide values. Any liability in case of underpayment or exceeding the specified values is excluded.

Goodvibe cannot guarantee that the products listed will be available at the time of ordering. Therefore, all availability and delivery times are without guarantee and may change at any time and without notice. In no case shall any overruns of the delivery periods constitute claims for damages or a right of withdrawal from the contract.

3. Offer and prices

Our offers are non-binding in terms of price, delivery option and delivery times. We ship/sell our products only to people over 18 years of age and within Switzerland. Goodvibe disclaims all liability for non-compliance with our Terms and Conditions. Payments made that have violated our Terms and Conditions will not be refunded.
Goodvibe’s pricing includes, unless otherwise noted, VAT and any tobacco taxes. The prices are net in Swiss francs (CHF). Any shipping costs will be charged additionally, unless otherwise provided, and must be paid by the customer. Shipping costs are shown separately in the ordering process.

We reserve the right to make technical changes, errors and printing errors. In particular, Goodvibe may make price changes at any time and without prior notice. Sales prices do not include consulting and support services.

4. Conclusion of the contract

The offers on this website constitute a non-binding invitation to the customer to order products and/or services from Goodvibe. By placing an order via this website, including the acceptance of these GTC, the customer makes a legally binding offer for the conclusion of the contract.

Goodvibe then sends an automatic “order confirmation” by email, which confirms that the customer’s order has been received by Goodvibe. Orders placed are binding on the customer. Unless otherwise noted, there is no right of return or withdrawal.

Orders will only be delivered after full payment has been received (exception: delivery against invoice) and if the goods are available. The contract is concluded as soon as Goodvibe sends a declaration of acceptance by e-mail confirming the dispatch of the ordered products or services.

If, after conclusion of the contract, it is possible that the ordered goods cannot be delivered or cannot be delivered in full, Goodvibe is entitled to withdraw from the entire contract or from a part of the contract. If the customer’s payment has already been received by Goodvibe, the payment will be refunded to the customer. If no payment has yet been made, the customer is exempted from the payment obligation. Goodvibe is not obliged to make a replacement delivery in the event of termination of the contract.

5. Payment options and retention of title

The payment options specified in the ordering process are available to the customer. Goodvibe reserves the right to exclude customers from individual payment options or to insist on advance payment without giving reasons.

Goodvibe may charge default interest of 5 per year and a reminder fee of up to CHF 20 per reminder in the event of a delay in payment by the customer. The products delivered to the customer remain the property of Goodvibe until full payment has been made.

Postfinance Card or E-Finance
With PostFinance, you can pay conveniently, securely and free of charge over the Internet. The amount will be debited directly to your postal account on the day of the order order.

Invoice with SwissBilling, payable within 20 days – only in Switzerland.
SwissBilling is a service for paying orders on account. The invoice with SwissBilling is available for amounts up to CHF 250.-. The delivery and billing addresses must be the same. You can choose between an invoice by e-mail or by post. The first reminder will be sent 10 days after the due date and, in addition to the invoice amount and default interest, will be subject to expenses of CHF 10.00 at the statutory rate applicable in Switzerland.

If you are refused payment with SwissBilling, there may be several reasons: insolvency or financial problems, unknown address, credit limit exceeded, limit on the number of open invoices reached, etc. You can find out about your situation directly at SwissBilling or resolve any inconsistencies. When you purchase on account, you accept the SwissBilling.com.

6. Delivery, inspection obligation, notification of defects and return

Deliveries will be sent by A-Post Priority or Courier Service to the address specified by the customer in the order. With the shipment, the customer is aware of the benefit and danger to the extent permitted by law. Goodvibe is not obliged to prove the shipment. In the event of loss of the goods during shipping, the supplier cannot be held liable.

If the delivery is not deliverable or is not collected by the customer, the additional shipping costs and a handling fee of SFr. 20 by the customer. A new shipment will only take place after receipt of payment. Goodvibe may terminate the contract after a notice of complaint by e-mail to the customer and with a reasonable period of time.

The customer is obligated to inspect the delivered goods without delay, but at the latest within 5 working days after receipt of the goods (in the case of cuttings within 24 hours after the first delivery attempt) and to send any defects immediately by e-mail (incl. photo) to [email protected]   to report. After this period, the return is no longer possible.

Returns to Goodvibe are made at the customer’s expense and risk. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address indicated by Goodvibe. Returns without prior contact with us will not be processed and will be deemed to have been delivered.

If Goodvibe’s inspection reveals that the goods do not show any detectable defects or that they are not covered by the manufacturer’s warranty, Goodvibe may invoice the customer for the movements, return or disposal.

7. Warranty

The statutory warranty is expressly excluded. Any warranty claims of the customer are limited to the scope of the manufacturer’s warranty.

In the event of timely and justified complaints of defects, Goodvibe shall be entitled to provide compensation by means of free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.

It is not possible for Goodvibe to make representations or warranties for the up-to-dateness, completeness and correctness of the data as well as for the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and other contents. In particular, no assurance is made or guaranteed that the use of the website does not infringe any rights of third parties who are not owned by Goodvibe.

8. Liability

Goodvibe excludes all liability, regardless of its legal basis, as well as claims for damages against Goodvibe and any assistants and vicarious agents. The consumption or use of the products offered by Goodvibe is at the customer’s own risk. Likewise, any responsibility is excluded in the event of misuse of the products.

We evade any liability on cuttings. We always try to supply you with the right cuttings, but we do not guarantee that we will not make any mistakes in the separation of varieties. Cuttings are a natural product and we do not guarantee CBD and THC content. Any liability for any damages is excluded. In the event of pest infestation, any responsibility is rejected. Returns and exchanges are not possible for cuttings. The CBD cuttings must not be used in agriculture.

According to the Swiss Medicines Ordinance, all healing promises are prohibited and we are not entitled to provide information about the health care system. The CBD products are not intended for curing diseases as well as preventions and diagnoses. Please consult your doctor before consuming CBD products. CBD should not be associated with mucous membranes.

In particular, Goodvibe shall not be liable for indirect damages and consequential damages, loss of profit or other personal, material and pure financial losses of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.

Goodvibe uses hyperlinks only for the simplified access of the customer to other web offers. Goodvibe cannot know the content of these web offers in detail, nor assume any liability or other responsibility for the contents of these websites.

9. Privacy

Goodvibe may process and use the data collected in the context of the conclusion of the contract in order to fulfil the obligations arising from the sales contract and use it for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

The further data protection provisions are   available at the following link:

D

atenschutz

10. Other provisions

Goodvibe expressly reserves the right to change these Terms and Conditions at any time and to put them into force without notice.

In the event of a dispute, only substantive Swiss law shall apply to the exclusion of conflict of laws standards. The UN-Sales Law (CISG, Vienna Sales Law) is explicitly excluded.

The place of jurisdiction is Zurich, unless the law provides for mandatory jurisdictions.

12. Contact

If you have any questions about these Terms and Conditions, please contact [email protected]

(Version 4, April 28, 2020)

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