Terms of Service
1.1 These general terms and conditions apply to all orders that customers place via the online shop of VIVOTERRA AG, Webergutstrasse 4, CH-3052 Zollikofen UID CHE-229.520.445, hereinafter referred to as VIVOTERRA AG.
1.2 With the confirmed order, these general terms and conditions are deemed to have been accepted by the customer.
2. Offer and conclusion of contract
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to order.
2.2 By clicking the button (order), the customer places a binding order for all products listed on the order page.
2.3 Immediately after receiving the order, VIVOTERRA AG will confirm the order by email. In the case of non-physical goods, the purchase contract is concluded immediately; in the case of physical goods, upon delivery.
3. Prices and shipping costs
3.1 The prices stated on the product page include the statutory VAT, but excluding other price components (postage, packaging) and are in euros. The exact shipping costs are shown to the customer in the ordering process.
3.2 Vivoterra AG does not incur any further taxes or costs.
3.3 The provider reserves the right to change the prices at any time. The prices published on the website on the order date apply to customers.
4. Terms of delivery
4.1 Physical goods are delivered internationally.
4.2 Delivery usually takes 5 to 7 working days.
4.3 If not all of the products ordered are in stock, VIVOTERRA AG is entitled to make partial deliveries.
4.4 If the delivery of the goods fails through the fault of the customer despite three delivery attempts, VIVOTERRA AG can withdraw from the contract. Any payments made will be refunded.
5. Payment terms
5.1 Payment can be made using the PostFinance AG encrypted payment system. When paying in advance, the payment deadline is 7 days. If payment is not made, the order will be held back until the fee has been paid.
5.3 Offsetting with counterclaims not recognized or not legally established by the customer is excluded.
5.5 The customer can only exercise a right of retention if the claims are based on the same contractual relationship.
6. Retention of Title
The goods remain the property of VIVOTERRAAG until full payment has been made. Pledging, assignment by way of security, processing or redesigning without the consent of VIVOTERRA AG is not permitted before ownership is transferred.
7. Warranty and Liability
7.1 VIVOTERRA AG guarantees that the goods correspond to the warranted properties, have no defects that impair their value or suitability for the intended use and that they meet the prescribed services and specifications. VIVOTERRA AG reserves the right to remedy an existing defect or to deliver a defect-free item in the sense of a repair or replacement delivery.
7.2 The buyer must check the delivered goods as quickly as possible and report any defects immediately. You can contact our responsible customer service at firstname.lastname@example.org .
7.3 If rework or subsequent delivery fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to a reduction is excluded.
8. Passwords / confidentiality
In the case of products made available online, the customer undertakes to treat the access data provided to the system as well as the passwords set up for them with the utmost care and confidentiality. VIVOTERRA AG reserves the right to terminate the user authorization immediately upon discovering multiple use of access data by an individual authorized person.
The content and structure of the products published by VIVOTERRA AG and the entire website are protected by copyright. The use of contributions and work aids for personal use by the customer is permitted, but full or partial commercial distribution requires the express consent of VIVOTERRA AG.
VIVOTERRA AG excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary staff and substitutes. VIVOTERRA AG assumes no responsibility for errors that are not in its area of responsibility, in particular with operators of telecommunications services, the hosting provider or other third-party service providers.
11. Place of jurisdiction and applicable law
The contractual relationships between the customer and VIVOTERRA AG are subject to material Swiss law, excluding the United Nations Convention on the International Sale of Goods of April 11, 1980. The ordinary court in Bern is responsible for disputes resulting from these contractual relationships.
12. Final provisions
If parts of these general terms and conditions should be ineffective, this will not affect the validity of the remaining provisions. In place of the ineffective provisions, the relevant statutory provisions apply accordingly.