Legal notice

1. Applicability and Scope

These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) are valid for all business relationships between Hevva Sàrl (hereinafter referred to as “Mygreenswiss”) and the customer (hereinafter referred to as “the customer”) concerning physical products (hereinafter referred to as “products” or “goods”) purchased online via our website www.mygreenswiss.ch (hereinafter referred to as the “online shop” or “website”).

The website and the online shop are operated by:
Hevva Sàrl
Avenue des Alpes, 59/B – 1820 Montreux (Switzerland)
Company ID No.: CH-550.1.214.375-3
Telephone: +41 78 312 99 20
Email: juliand@mygreenswiss.ch

Individual agreements concluded with the customer shall prevail over these GTC. No divergent or contrary conditions from the customer shall under any circumstances be recognized.

Mygreenswiss reserves the right to modify these GTC at any time. All modifications shall take effect upon their publication on the website. The decisive moment for the applicability of the new GTC is the delivery date of a binding order placed for one of our products.

We kindly ask you to read these GTC carefully before placing a binding order. By placing a binding order for one or more of our products, you declare that you approve these general terms and the related privacy policy. You further declare that you are entitled to enter into legally binding contracts and that you are at least 18 years of age.

2. Conclusion of a Sales Contract

The presentation of products in the online shop does not constitute a legally binding offer engaging the seller’s liability, but merely a non-contractual online catalogue or an invitation to customers to place an order for one of our products in the online shop.

Mygreenswiss expressly reserves the right to change at any time and without prior notice the products offered online as well as the associated content, such as illustrations, product range, prices and product descriptions. Images, representations, brochures, advertising and any other information related to our products serve solely informational purposes and do not bind Mygreenswiss in any way.

The customer may place a binding order for the products selected via our online shop. The customer may also place products in the “shopping cart” without this constituting a binding order. A binding order is deemed to exist when the order has been validly completed, the final step being the clicking of the “Pay” button at the end of the ordering process.

Before final submission of an order, the customer may at any time modify the entered data, identify possible errors and correct them if necessary.

An order confirmation will be sent immediately and automatically by email to the customer. This confirmation email contains the details of your order and the GTC accepted during the ordering process. The confirmation email serves solely informational purposes, namely to confirm receipt of your order. This automatic confirmation does not yet constitute a sales contract.

By placing an order, you confirm that you have read our GTC and accept them without reservation. We recommend printing the GTC and the order confirmation or saving them on your computer.

After you have placed a binding order, Mygreenswiss is free to accept it at its sole discretion or to reject it by informing you via email and declining any liability towards you or third parties. In the event that payment has already been made, it will be refunded upon cancellation of the order.

Reasons for rejecting an order may include, for example, the unavailability of a product, failure to receive proof of payment, or suspicion that the customer is acting fraudulently or in violation of these GTC or individual agreements, or for any other serious reason.

After acceptance of your order, the sales contract becomes legally binding. Acceptance is materialized by the preparation of the products.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and Reservation of Services for Non-Deliverable Products

All information regarding availability, dispatch and delivery of a product is general information and indicative values. They do not constitute binding information or guarantees. Any liability regarding unavailable products is expressly excluded.

Our products are available while stocks last. If Hevva Sàrl determines, during the processing of your order, that the ordered products are no longer available for any reason, you will be informed without delay. In such case, no sales contract can be concluded for products that cannot be delivered.

Furthermore, we reserve the right to limit the number of items that may be purchased by a customer. In such case, the customer will be informed by email.

4. Prices and Shipping Costs

Our products and prices correspond to those displayed on the website. All prices are indicated in CHF (Swiss francs) and include statutory value-added tax (VAT).

The total price of your order, including all ancillary costs and the corresponding VAT applicable in your country, is displayed at the end of the ordering process.

By placing a binding order, you declare that you accept the total price of the ordered products. After placing a binding order, the price may no longer be modified.

Mygreenswiss reserves the right to change prices at any time. Products will be invoiced at the price indicated at the time of the binding order.

5. Payment Terms / Credit Check

Orders are in principle payable immediately.

The customer may use the payment methods indicated on the website or during the ordering process. These may vary from time to time and depending on the country.

We reserve the right not to offer certain payment methods on a case-by-case basis and to offer others (depending on the respective customer’s creditworthiness in order to cover our credit risk). The customer expressly authorizes Mygreenswiss to carry out credit checks and, if necessary, to transmit customer data to third parties for this purpose.

By selecting a payment method, the customer authorizes payment either by entering credit card details or by providing login details to a payment service provider. The customer authorizes Mygreenswiss to receive payment according to the selected method.

In case of chargebacks, Mygreenswiss is entitled to reimbursement of the related costs and bank fees. Furthermore, Mygreenswiss assumes no responsibility for possible fees or other amounts that your credit card issuer or bank may charge in connection with processing payment for your order.

If you pay by credit card or choose an alternative payment method, we reserve the right to verify the validity of your card, its credit limit and the address data provided, and to request authorization from the card issuer or payment service provider.

In case of payment refusal, Hevva Sàrl reserves the right to cancel the order and suspend shipment of the goods. In this case, we will contact you immediately.

In case of payment by invoice, the customer receives the invoice with a payment slip upon delivery of the goods or by email. Payment must be made using the attached payment slip within the period indicated on the invoice.

If payment is not made within the specified time, Mygreenswiss is entitled to charge CHF 50 per reminder and, in addition, collection costs and statutory default interest. If legal proceedings are initiated, an additional amount of at least CHF 200 will be charged.

6. Delivery Conditions of Goods

Delivery is generally carried out via the DHL distribution service.

Mygreenswiss bears the shipping costs for deliveries made within Switzerland.

The desired delivery service may be selected online during the ordering process. The resulting costs must be paid in advance by the customer.

Products ordered through our online shop and in stock will be delivered within 2–6 working days after receipt of full payment. You may use the shipment tracking number to follow the progress of your order in real time.

If products are listed as out of stock at the time of ordering, Mygreenswiss will endeavor to deliver them as quickly as possible after restocking.

Mygreenswiss will make every effort to comply with the indicated delivery times. However, Mygreenswiss is not responsible for delivery delays, regardless of their cause. If delivery of your goods is delayed, we will inform you as soon as possible.

If delivery has still not been made 2 weeks after the initially agreed deadline, the customer is entitled to cancel the order. Any further claims, particularly claims for damages, are excluded.

If shipment fails due to the fault of the customer despite 3 delivery attempts, Mygreenswiss may withdraw from the contract. In such case, payments already made will be refunded immediately.

7. Retention of Title

Hevva Sàrl remains the owner of the delivered goods until full payment has been received.

8. Right of Withdrawal and Right of Return

Conditions

For any purchase of our products via our online shop (with the exception of certain products; see restrictions below), you have, as a consumer, a right of withdrawal of 7 days after receipt of the products without having to state reasons.

Within 7 days following receipt of the goods, you or a third party other than the carrier designated by you may withdraw from the contract by returning the goods to us or by formally informing us of the withdrawal in writing (for example by postal mail, email, or fax).

The 7-day return period begins on the day the goods are received and is valid provided that the goods or the withdrawal notice are handed over to the post office or another transport company no later than the last day of the period.

In order to exercise the right of withdrawal, the goods must not have been used and must be returned to us complete, intact, and in their original packaging.

The goods, together with the duly completed receipt acknowledgment, must be sent to the following address:

Mygreenswiss
Avenue des Alpes 59/B – 1820 Montreux

Consequences of Withdrawal

If you withdraw from the contract and the goods are duly returned, we will refund the full purchase price, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the standard and most economical delivery offered by us), no later than 7 days from the day we receive notice of withdrawal or the returned goods.

Refunds will be made using the same payment method originally used and will always be paid to the account used for payment, unless expressly agreed otherwise; no fees will be charged for this refund.

We may withhold the refund until we have received the goods or until you have provided proof of shipment, whichever occurs first.

You shall only be liable for any diminished value of the goods if such diminished value results from handling other than what is necessary to verify the characteristics, properties, and functioning of the goods.

Restrictions of the Right of Withdrawal

The right of withdrawal does not apply to the following contracts:

• Delivery of products manufactured according to your specifications or clearly tailored to your personal needs (customized or personalized products)

• Delivery of products which have been opened after delivery and which are not suitable for return for reasons of health protection or hygiene

9. Notification of Defects / Warranty

Mygreenswiss guarantees that the goods correspond to the described quality criteria and are free from defects affecting their value or fitness for their intended use.

Upon receipt of the goods, the customer must immediately check that the delivered product is correct, complete, and free from damage.

Defects or damages must be reported to Mygreenswiss within 5 working days.

Defects that could not be identified during a proper inspection and that are discovered later must be reported in writing immediately upon discovery.

If you do not inspect the goods or do not report defects immediately, the product is deemed accepted and you lose the right to assert claims.

Statutory warranty provisions apply in cases of manufacturing, material, or production defects.

The warranty period is 2 years from receipt of the product.

Excluded from warranty are products damaged due to the buyer’s fault (e.g., dropping the product, exposure to sunlight, removal of vegetation, exposure to humidity levels exceeding 60%).

The customer’s warranty claims are limited to replacement delivery or repair, excluding any other claims, including reduction of price or compensation for indirect or consequential damages.

Mygreenswiss shall decide at its sole discretion whether to provide replacement or repair.

If replacement or repair fails, the customer is entitled to withdraw from the contract in the case of serious defects.

For complaints and technical questions, please contact:

Hevva Sàrl – Avenue des Alpes 59/B – 1820 Montreux (Switzerland)

The defective product must be returned to the above address together with a copy of the invoice and a detailed description of the defect.

Return shipment is at the customer’s expense and risk. Please retain proof of shipment, as we cannot process your claim in case of loss without such proof.

10. Creating an Account

After creating a customer account and registering, you may check the status of past and current orders or recently ordered products, view your address details, and manage and save payment information. Once your data is saved, you will not need to re-enter it for future purchases.

When creating such an account, you undertake that your personal data is complete and truthful. You are required to treat your access data confidentially and not make it accessible to unauthorized third parties.

Mygreenswiss guarantees that it will treat your data confidentially and will not disclose it to unauthorized third parties. Further information concerning data protection can be found in our privacy policy.

Registration is free of charge, unless it concerns registration for a paid subscription (see Section II).

Each customer is entitled to maintain only one account. We reserve the right to delete applications and to warn, close, delete or modify customer accounts that violate our GTC or individual agreements.

Mygreenswiss is not obliged to register a customer account or to accept the order of a registered customer.

11. Claims and Complaints

We attach great importance to customer satisfaction. You may contact us at any time using the contact details provided above.

We will endeavor to respond to your inquiries and examine your complaints as quickly as possible. We will contact you after receiving the documents, submissions or complaints you have sent us.

If you have claims or complaints, we ask you to help us identify the exact problem, where appropriate by attaching a copy of your order or at least your order number and customer number.

We will endeavor to respond within 5 working days.

12. Liability

Mygreenswiss shall be liable, if it breaches obligations arising from these GTC and the resulting contractual relationships, for proven damages caused intentionally or through gross negligence.

Whether based on contract, tort, or any other ground, liability for slight or medium negligence as well as for consequential damages is expressly excluded.

Consequential damages include, for example, loss of profit, property damage, reputational damage, damage caused by computer viruses, or loss of data due to temporary failure or interruption of Mygreenswiss services.

Furthermore, Mygreenswiss assumes no contractual or non-contractual liability for damages caused by auxiliaries entrusted with the performance of services.

The above exclusions and limitations of liability do not apply in cases of direct and culpable injury, harm to life, body or health, or in cases of mandatory statutory provisions, including product liability law.

Subject to the foregoing, liability of Mygreenswiss under these GTC is limited to the purchase price of the goods ordered by the customer, regardless of the legal basis and to the extent permitted by law.

Events Beyond Our Control (Force Majeure)

If an event occurs that is beyond our sphere of influence and control (force majeure), we assume no liability for non-performance or delay in performance of obligations arising from these GTC and the resulting contractual relationships.

Such events include, for example:

Strikes, lockouts or other industrial actions by third parties; invasion; terrorist attacks; war; fire; explosion; storms; floods; earthquakes; landslides; epidemics; pandemics; other natural disasters; failure of public or private communication networks; inability to use railways, waterways, aircraft, motor vehicles or other private or public transport systems.

If such an event occurs affecting performance of our contractual obligations, we will inform you as soon as possible.

13. Data Protection

Mygreenswiss collects and processes personal data solely in accordance with applicable legal provisions and with particular regard to compliance with current data protection laws.

Further information regarding the processing of your personal data, your rights and related matters can be found in our privacy policy. These provisions form an integral part of these GTC.

14. Copyright

Any reproduction, processing, distribution or other form of use requires the prior written consent of the rights holder.

Mygreenswiss and the rights holder expressly reserve all related rights.

15. Severability Clause

If any provision of these GTC should, for any reason, prove to be contrary to law, null and void, the validity of the remaining provisions shall remain unaffected.

Unless otherwise agreed, the invalid provision shall be replaced by an effective provision with the same meaning and purpose and corresponding to the economic intent of the parties at the time of conclusion of the contract.

The same shall apply in the event of a legal gap in these GTC.

16. Applicable Law and Jurisdiction

Swiss substantive law shall apply exclusively to these GTC, the contractual relationships arising therefrom and in case of dispute, excluding conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For natural persons, jurisdiction lies either at the registered office of Mygreenswiss or at the domicile of the customer.

For legal entities, the exclusive place of jurisdiction is at the registered office of Mygreenswiss.

These provisions apply only to the extent that there are no mandatory provisions under the law of the country in which the consumer has his or her habitual residence. If such provisions exist, they shall prevail over these GTC.

The Company ID (N° IDE) is the company identification number listed in the commercial register.

Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons acting outside their commercial, industrial, craft or professional activities.

Liability may be regulated differently within the legally permissible framework, in particular taking into account the exclusion of liability for defects under Article 199 of the Swiss Code of Obligations (according to which any clause excluding or limiting warranty is void if the seller has fraudulently concealed defects), as well as Article 8 of the Swiss Unfair Competition Act (UWG) regarding abusive commercial conditions.