GENERAL TERMS ANDCONDITIONS
This website allows, among other things, the purchase of products distributed by the Green Up Natural Food Sàrl (hereinafter, “Green Up“).
Rue Mercerie 12
UID: CHE – 220.197.349
Acceptance of the general terms and conditions of sale (hereinafter: “GTC”)
By using the online services, you acknowledge that you are bound by these GTCs, which you declare that you have read and understood and which apply to all the services offered on the domain eatgreenup.com
In the event of disagreement with the GTCs, you are required not to use the services.
The fact that Green Up does not exercise or enforce any right or provision of the GTC shall not constitute a waiver of such right or provision.
If any provision of the T&Cs is found to be invalid, including by a higher court, the parties nevertheless agree that the intentions, as reflected in the provision, will be carried out to the fullest extent possible and that the remaining provisions of the T&Cs will remain in full force and effect. The titles of the articles in the GTC are for convenience of reference only and have no legal or contractual effect.
You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these GTC. Green Up may assign or transfer any right or obligation, or subcontract the performance of any of its obligations under these GTC to any third party at any time, without your consent (such consent being given by these provisions).
You agree not to violate any legal standards or use the Services for any unlawful purpose; not to infringe the intellectual property of Green Up or third parties; not to include any false, incomplete or inaccurate information; not to include any virus, Trojan horse, worm, time bomb or other program designed to damage, adversely affect, intercept or interfere with any system, data or personal information.
Modification of the GTC
Green Up reserves the right, at its sole discretion, to modify or change these GTC at any time. It is your responsibility to consult them regularly in order to be informed of any changes.
By using the Services, you acknowledge that the mere fact of posting revised Terms and Conditions on the Site is sufficient to make any modification or revision enforceable against you. Continuing to access and use the services after a change means that you accept these changes.
USE OF ONLINE SERVICES
In order to fully use the services, you must create a “customer account”.
By accessing and using the services subject to registration, you warrant that you are a natural person of full age under the law of your country of residence, that you are at least eighteen (18) years old and that you enjoy the exercise of civil rights. For persons under the age of majority or subject to an adult protection measure, the consent(s) of the legal representative(s) is (are) required. If you represent a legal entity such as a company or association, you must have the authority, within that organization, to create a client account in its name and to use the services. Green Up cannot be held responsible for any use of the services that does not comply with this provision and no control of the consent or authority will be carried out.
You are responsible for the quality and confidentiality of your username and password chosen when creating your customer account, as well as for any activity generated by your account and password.
You are responsible for promptly notifying Green Up, of any suspicious or fraudulent activity on your registration data, or your account, or any other breach of security, as well as ensuring that you close your Client Account at the end of each session (logout). Green Up shall not be liable for any loss or damage resulting from your failure to comply with the GTC.
You agree to provide accurate, precise, current and complete information about yourself at the time of creating your customer account or any other use of the services for which personal information is required. If you provide inaccurate, inaccurate, not current or incomplete information, or if Green Up has reasonable grounds to suspect that you have provided it, or if Green Up has reason to believe that you have otherwise failed to comply with any provision of the T&Cs, Green Up has the right to refuse any current or future access and use of the Services, without having to justify its decision.
You are responsible for updating the personal data you have provided in your customer account, including but not limited to changes of address and email address.
Green Up reserves the right, at its sole discretion and without liability to you, to terminate your account, limit, or terminate your access to all or part of the Services, with or without prior notice and without having to provide any justification whatsoever.
Modification or termination of services
Green Up reserves the right, at any time, to modify or temporarily or permanently discontinue all or part of the services, with or without notice. You agree that Green Up shall not be liable to you or any third party for any modification, suspension or termination of the Services. Any part of the content of the services may be obsolete at any time and Green Up is under no obligation to update such content.
The name of Green Up, the site and its content, in particular the photographs of the products, are protected in particular by copyright and trademark law.
Consequently, any reproduction, copying or external use of the contents of the site must be expressly authorised in writing and in advance by Green Up or another competent authority in the field of intellectual property. Green Up cannot be held responsible for any illegal or fraudulent use of the contents of the site.
Use of personal data from the customer account
Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage caused to your computer system or loss of data that results from the downloading of such content.
TERMS OF SALE
Prerequisites for the order
In order to use the online ordering system, you must have created a customer account in accordance with the provisions of point 2.1.
The prices indicated on the site are net, in Swiss francs, including VAT if applicable (including VAT). In addition to the indicated prices are added the delivery costs which are not included.
Green Up reserves the right to immediately reflect any change in VAT applicable on the prices displayed on the site. Any order placed and confirmed in advance must be honoured at the prices displayed before the modification.
The prices displayed on the site may be modified at any time, without notice from Green Up, without justification and without any liability on its part. Any order placed and confirmed in advance must be honoured at the prices displayed before the modification.
Conclusion of an order, terms and conditions of payment
Any order via the site is considered as an offer to conclude a sales contract between you and Green Up in accordance with these GTC.
All orders placed on the site must be paid for before delivery. Payment will only be deemed to have been made when Green Up has received payment in full of the sums indicated on each order via the website.
The payment of your order is made by credit card, directly on the site, through the payment service “Stripe”. Green Up cannot be held responsible for the proper functioning of the services offered by Stripe.
Through your Customer Account, you will be asked to enter and verify your personal information, which will be useful for delivery, for example the delivery method. It is your responsibility to ensure that this data complies with provision 2.1.
All orders are subject to a logistical check of product and stock availability. If a product was not available in stock, Green Up will inform you by email of the approximate delivery time, provided by Green Up for information purposes only.
The sales contract is only concluded and effective after your confirmation of acceptance of the GTC, verification of your personal information, receipt of your payment by Green Up, verification and confirmation of your payment, and sending by Green Up of an order confirmation email containing the details of your order.
Green Up delivers to Switzerland, Liechtenstein and the member states of the European Union.
Delivery charges are at your expense. They may vary depending on the weight of the package, your delivery address or other factors. The delivery costs are indicated at the time of validation of your order. For countries other than Switzerland, customs fees may also be added to the total of your order. These are beyond the control of Green Up and cannot be indicated to you in advance. They are attributable to you.
Packages are sent by post within 5 to 7 working days, indicative time. During commercially busy periods, such as Christmas and New Year’s Eve periods, the indicated deadlines may be extended.
You understand and agree that Green Up cannot be held liable for any damage resulting from delivery including but not limited to theft, loss, delay, resulting from the shipment of the order by post.
You agree that if delivery is not possible or only possible in difficult circumstances for reasons for which Green Up is not responsible, such as an incorrect delivery address, lack of recipient, lack of access authorization, poor weather or traffic conditions, or other hazards, Green Up cannot be held liable and no compensation can be claimed.
Return of goods
In the event of an error in the delivery of the order only (incorrect quantity, not the correct products, etc.), unwanted delivered products may be returned as described in this article 2.5. The shipping costs related to a return are at our expense.
To exercise this right of return, it is your responsibility to contact without delay , within 5 working days of receiving the order and to indicate your order number, your personal information and the reasons for the return. We will inform you of the return procedure by email.
Following your return, Green Up will do its utmost to ensure the delivery of your order in order to correct the error. However, if you do not wish to obtain this new delivery, Green Up will offer you the option of obtaining a refund for your order.
On receipt of a returned product, FH will proceed to its verification. Once the return conditions have been met and respected and if you have chosen the refund option, FH will proceed within approximately 7 working days.
Green Up may, at its sole discretion, grant you discount coupons.
Discount vouchers can be used on the site for an order, provided that the amount of the order is equal to or greater than the minimum amount indicated on the discount voucher, unless otherwise indicated on the discount voucher. They are valid until the date shown on each discount voucher.
You are prohibited from accumulating several discount coupons for one order or from using them retroactively for products ordered via the site.
Credit balances in the form of reduction certificates may not be converted into cash and may not be subject to interest payments.
Absence of guarantees
The products sold on the site are described and presented as accurately as possible by Green Up. If, despite all the precautions taken by Green Up, errors are found in these descriptions and presentations, Green Up will do its best to correct them, but cannot be held responsible for your dissatisfaction. In particular, a misrepresentation or misunderstanding of the content does not constitute a valid reason for return.
Subject to any applicable legal provisions, in particular those relating to public health on foodstuffs, Green Up excludes any guarantee on its part with regard to products ordered via the Site.
In case of any problem or question, do not hesitate to contact us by email:
You access and use the services at your own risk. The services and their content, including descriptions and presentations of the products offered and sold on the site, are provided as they stand and according to their availability. Green Up expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, but not limited to, any implied warranty of fitness for a particular purpose, quality or availability of services.
Green Up makes no warranty or representation that (i) the services and their content will meet your needs, (ii) the services will be uninterrupted, timely, secure or error-free, (iii) the results that can be obtained from the use of the services will be accurate or reliable, and (iv) any content errors will be corrected.
You agree to indemnify and hold Green Up, its subsidiaries, partners and employees harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, without limitation, reasonable legal fees, that may arise with respect to: (i) your access and use of the Services, including, without limitation, any content of any kind, any order for products via the Site, and your connection to the Site; or (ii) your failure to comply with any provision of the GTC
Limitation of liability
You expressly acknowledge and agree that Green Up, its directors, employees, agents or other auxiliaries, shall not be liable for any direct, indirect, incidental, special, consequential or derivative damages, including, without limitation, damages for loss of profit, loss of goodwill, loss of use, loss of enjoyment, loss of data or other intangible losses (even if Green Up has been informed of the possibility of such damages) resulting from: (i) access to and use of the Services or the inability to access and use them, (ii) ordering products through the Services, including through the Site, (iii) the cost of purchasing replacement goods and services resulting from any goods, data, information or services obtained, or messages received or transactions entered into through the Services, including through or from the Site, (iv) unauthorized access to or alteration of your data transmissions, (v) statements or conduct of any third party or other member on the Site, (vi) the results of the Services, any sites linked to them and any content whatsoever disseminated thereon, or (vii) any other matters relating to the Services.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the limitations mentioned in these GTC may not apply to you.
Nothing in the T&Cs affects your statutory rights, or excludes or restricts any liability, which cannot be excluded or limited under applicable law.
For and applicable law
The GTCs and the relationship between you and FH shall be governed by Swiss substantive law, with the exception of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
The parties agree to seek an amicable solution for any claim, claim or dispute related to these GTCs, which must be submitted to the competent courts of the place where FH has its registered office, subject to appeal to the Federal Court.
This version of the GTC was updated on december 10, 2019.