General Terms and Conditions of It’s Never 2L8 Ltd. (hereinafter referred to as "GTC")
(Version June 2020)
1. Scope of application
These GTC apply from June 2020 for all contractual relationships between It’s Never 2L8 Ltd. and its customers. A customer is defined as any legal or natural person domiciled in Switzerland who maintains business relations with It’s Never 2L8 Ltd. (end customers and resellers). The Customer undertakes to identify himself to It’s Never 2L8 Ltd. The GTC, the terms of delivery and payment, and the data protection provisions may be amended from time to time. It’s Never 2L8 Ltd. requests that you read the current provisions carefully each time you order goods. By transmitting the order or concluding a contract, these General Terms and Conditions shall be deemed expressly accepted by the customer. These General Terms and Conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of It’s Never 2L8 Ltd. in order to be valid.
2. Information on the website
The website of It’s Never 2L8 Ltd. informs about products and terms and conditions. All details on www.royicetea.com product descriptions, illustrations, films, dimensions, weights, technical specifications and other details) are to be understood only as approximate values and in particular do not represent any assurance of properties or guarantees, unless this is explicitly noted. All details and information on this website are as correct and complete and up-to-date as possible, but It’s Never 2L8 Ltd. can neither expressly nor tacitly give any guarantee.
3. Ordering procedure
Orders can be placed in writing via email@example.com. Orders from abroad and deliveries abroad are only possible for wholesalers in agreement with us. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. It’s Never 2L8 Ltd. is under no obligation to accept orders in individual cases. A contract is only concluded when It’s Never 2L8 Ltd. accepts the order. It’s Never 2L8 Ltd. will invoice each order placed by the customer. The invoice shall be issued at the prices in Swiss francs valid on the order date, including VAT. If the goods are delivered to the end customer, the charges for packaging, shipping and postage shall be charged to the end customer and shall be borne by him. In the case of end customers, the goods are usually sent by post. Orders, provided that these are accepted by It’s Never 2L8 Ltd., are usually only executed after complete receipt of payment. If, after conclusion of the contract, it becomes apparent that the ordered goods cannot be delivered or cannot be delivered in full, It’s Never 2L8 Ltd. is entitled to withdraw from the entire contract or from one part of the contract. If in such a case the payment of the customer has already been received, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. In any case, It’s Never 2L8 Ltd. is entitled to withdraw from the contract without cost consequences until the delivery has been dispatched.
All products are provided with a retail price. Errors excepted. It’s Never 2L8 Ltd. reserves the right to change the prices for products, delivery and logistics as well as other services at any time. It’s Never 2L8 Ltd. is also entitled to adjust the retail prices printed on the products at any time. In particular, It’s Never 2L8 Ltd. is free to decide whether to pass on any cost changes in material and manufacturing costs, fees, customs duties and taxes of any kind to the prices.
Deliveries shall, if the order is accepted by It’s Never 2L8 Ltd., generally be carried out after receipt of payment by It’s Never 2L8 Ltd. Should there be delays, the customer will be informed.
As a rule, delivery periods of several days are to be expected. It’s Never 2L8 Ltd. reserves the right to extend the delivery periods. If there is a delivery bottleneck for a product for which a contract has been concluded, It’s Never 2L8 Ltd. will contact the customer immediately. Each delivery is to be checked immediately after arrival at the customer by him for completeness and possible defects. Complaints are to be reported to It’s Never 2L8 Ltd. within 24 hours of receipt to firstname.lastname@example.org. Otherwise, the customer acknowledges that the delivery was free of defects and complete.
6. Transfer of risk/right of return
With the delivery of the goods to the Customer by It’s Never 2L8 Ltd. or by a forwarding agent designated by It’s Never 2L8 Ltd., e.g. Post, the benefit and risk of the products shall also pass to the Customer. The customer has no right of return or revocation. The purchase by end customers does not constitute a door-to-door transaction.
7. Invoicing / terms of payment
The invoice is issued immediately after ordering the goods and is part of the contract between It’s Never 2L8 Ltd. and the customer. In the event of late payment, It’s Never 2L8 Ltd. is entitled to charge reminder fees of CHF 20.00.
It’s Never 2L8 Ltd. excludes any liability for slightly negligent breaches of contract on its part. The same applies to breaches of contract by its assistants and substitutes. It’s Never 2L8 Ltd. accepts no responsibility for errors that are not within its sphere of responsibility. Any liability for consequential damages is excluded to the extent permitted by law. In addition, no liability will be assumed as a result of improper handling or use of the products.
The customer is responsible for whether the use of the goods outside Switzerland is legally permissible. It’s Never 2L8 Ltd. accepts no responsibility for this. In cases of force majeure, It’s Never 2L8 Ltd. is entitled, at its own discretion, to terminate contracts or postpone delivery for a period appropriate to the individual case. Any liability for damages resulting from the termination of the contract or the delay in delivery is excluded. Force majeure includes natural disasters, acts of war, strikes, pandemics, changes in the law and all other major obstacles to distribution for which It’s Never 2L8 Ltd. is not responsible.
The It’s Never 2L8 Ltd. assures the quality of its products according to its product descriptions, however smaller deviations can occur with natural products. These minor deviations do not entitle the customer to withdraw from the contract or to a price reduction. Any further warranty or liability for consequential damages is excluded to the extent permitted by law. In any case, It’s Never 2L8 Ltd. has the right, in the event of a warranty claim by the customer, to supply products at its discretion.
10. Data protection
It’s Never 2L8 Ltd. expressly reserves the right to change these GTC at any time and to suspend them without prior notice. If parts of these GTC should be ineffective, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced analogously by the relevant statutory provisions. In the event of disputes, only substantive Swiss law shall be applied to the exclusion of conflict-of-law provisions to the extent permissible. The UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 and CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction shall be Zug/Switzerland insofar as the law does not provide for other mandatory places of jurisdiction.
It’s Never 2L8 Ltd.
VAT-number: CHE-316.112.043 VAT
It’s Never 2L8 Ltd. / June 2020
The original German version is binding.