The following general terms and conditions apply to all sales contracts concluded via this site:
Your contractual partner is:
Churerstrasse 54, 8808 Pfäffikon, Switzerland
Prof. Dr. Dorothee Gänshirt
Commercial register number:
1. scope of application
The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to the contract concluded between the customer (hereinafter referred to as "customer" or "you"), including its legal successors, and BENEGANIC GmbH (hereinafter referred to as "BENEGANIC GmbH" or "we") via the online store www.BENEGANIC.com, including the domains forwarded thereto, for the delivery of the goods offered by BENEGANIC GmbH. All deliveries, services and offers of BENEGANIC GmbH shall be made exclusively on the basis of these Terms and Conditions. §1 (1) customers shall be deemed to be both consumers and entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial or professional activity of the consumer, but to personal or family use. In contrast, an entrepreneur is a natural or legal person or partnership with legal capacity who orders for commercial or professional purposes.
2 Order and conclusion of a contract
The presentation of products in the online store www.BENEGANIC.com does not constitute an offer, but only an invitation to place an order. By completing the electronic ordering process via our online store, you can order goods. When you select one or more products, the latter are placed in the virtual shopping cart. In the shopping cart, all products assigned to it can be viewed. In addition, the number of ordered products can be varied there as well as an ordered product can be removed. By pressing the button "checkout" you will be prompted to enter the relevant information for shipping and to select a payment method. Before completing the order, you will be shown a summary of all information relevant to the order. By pressing the button "buy now" the ordering process is completed.
For the customer account you choose a user name and a password. You agree to keep both confidential. We cannot be held liable for misused usernames and passwords and the resulting damage.
Your order represents a binding offer. The confirmation of the receipt of the order follows immediately after sending the order and does not constitute an acceptance of the offer. We can accept your order by sending a shipping confirmation by e-mail or by delivering the goods within five days.Our promotional offers are subject to change in the absence of any other agreement or announcement.If you wish to change the order or if you have any questions about the return of the goods, you can contact us by firstname.lastname@example.org.
All prices quoted include the statutory value added tax.
4. delivery conditions
BENEGANIC GmbH is entitled to partial deliveries and partial services. Goods which are marked as "in stock" in the online store will be delivered immediately after receipt of the order, usually within 5 days. If a buyer does not accept the goods, BENEGANIC GmbH may, at its own discretion, either sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss incurred or insist on the fulfillment of the contract. Should the goods not be deliverable due to force majeure or product discontinuation or should BENEGANIC GmbH not be able to procure the ordered products under reasonable conditions and should these circumstances occur after conclusion of the contract and not be the responsibility of BENEGANIC GmbH, BENEGANIC GmbH shall be released from the obligation to deliver. Should events occur which make delivery considerably more difficult or impossible for BENEGANIC GmbH - for example strike, lockout, official orders or similar - BENEGANIC GmbH shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.You have a 14-day right of revocation. Please send us your revocation within 14 days after receipt of the goods (the timely dispatch is decisive). Please return the goods to us within 14 days after the revocation. We will refund payments as soon as we have received the goods. The revocation is to be sent to:
Churerstrasse 54, 8808 Pfäffikon, Switzerland.
You will bear the return shipping costs.
We reserve the right to deduct compensation for possible damage or excessive wear and tear from the purchase price to be refunded. Please note that we do not grant a right of withdrawal for the following products: Sealed goods that are not suitable for return for health protection or hygiene reasons and whose seal has been removed after delivery.
5. terms of payment
For orders we offer the payment methods credit card (Visa & Mastercard) or PayPal.If you pay by credit card, your credit card account will be charged immediately after order completion.6. transfer of risk
The risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
6. retention of title, set-off, right of retention
For consumers, we retain ownership of the purchased goods until full payment of the invoice amount. In the case of entrepreneurs, we retain ownership of the purchased item until all outstanding claims arising from the business relationship with the customer have been settled. If the customer defaults on payment of the invoice amount, we shall be entitled to enter the retention of title in the retention of title register at the customer's expense. The corresponding security rights are transferable to third parties.You are only entitled to a right of set-off if your counterclaims have been legally established or recognized by us. In addition, you have a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.If the customer is in default with any payment obligations to us, all existing claims become due immediately.
The legal warranty regulations apply. Important note: Please consult your doctor in case of known incompatibilities. The same applies to possible interactions with other products taken by you at the same time.
8. data protection
The regulations of our data protection declaration, which form an integral part of these general terms and conditions, apply to data protection.
If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data and revocation of consents granted, please contact:
Churerstrasse 54, 8808 Pfäffikon, Switzerland
In the event of a breach of contractual and non-contractual obligations, BENEGANIC GmbH shall only be liable for damages caused by intentional or grossly negligent conduct, except in the case of injury to life, body and health or in the case of a breach of essential contractual obligations (cardinal obligations). In the case of the latter, the liability of BENEGANIC GmbH shall be limited to the compensation of foreseeable, typically occurring damages. The limitations of liability shall not apply if BENEGANIC GmbH has fraudulently concealed a defect or has expressly guaranteed the quality of the goods. The provisions of the above paragraph shall also apply mutatis mutandis in favor of the legal representatives, executive employees and vicarious agents of BENEGANIC GmbH.
10 Applicable Law
Swiss law shall apply to all legal transactions or other legal relationships between the customer and us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply.12. Severability Clause
If individual provisions in this contract including this clause are wholly or partially invalid, or if the contract contains a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
11 Written form
Changes or additions to these GTC must be in writing and signed by both parties in order to be valid.
Status: August 2022