GTC

(as at 01.08.2023)

I. Basic provisions

Section 1 Applicability

The contract is concluded with 1001 Organic GmbH, Kilchbergstrasse 15, 8038 Zürich (hereinafter referred to as the "Seller"). The following terms and conditions apply to all contracts concluded between the Seller and the respective Buyer and are expressly acknowledged by the order. Where the purchaser is a natural person who enters into a transaction for purposes which are not principally attributable to his trade, trade or profession.

Section 2 Conclusion of the contract

The offer of the seller on the Internet is not a binding invitation to conclude a contract of sale, but merely an invitation to submit an offer. The buyer has various options to submit his offer of sale, such as by telephone, in writing or by e-mail. In the online shop, the customer can place the goods he wants in the virtual "shopping basket" and make changes there. The customer then enters his personal details and selects the payment and shipping conditions. Before submitting the final offer, the customer has the option to check all the details or cancel the purchase. As soon as the Customer clicks on the "Order with Payment", "Order with Payment" or "Buy" buttons, he submits a binding offer. Initially, the Customer receives an automatic e-mail confirming receipt of his order; however, this does not yet lead to the conclusion of the contract. Acceptance of the offer (and thus the conclusion of the contract) takes place separately either by a written confirmation on the part of the Seller regarding processing/delivery or by dispatch of the goods. If the customer has not received an order confirmation or notification of delivery or no goods within seven working days, the customer is no longer bound by his order. Any payments already made will be refunded immediately. It is possible for the Seller to send product information emails to the Customer after the conclusion of a valid sales contract to the Customer's registered e-mail address. Furthermore, the Company reserves the right to send advertisements to its regular customers by post at irregular intervals. This is considered direct marketing and is based on the Seller's assumption that the Customer has an interest in the goods offered. The Customer may object at any time and prevent the delivery of product information emails or promotional letters; no costs are incurred in this case except for the transmission costs according to the basic tariffs. An e-mail indicating the registered address is sufficient for an objection: info@1001organic.ch

Section 3 Prices, shipping costs

The quotations indicate the prices, including VAT (if applicable). The prices are final prices and include all costs and taxes. The purchaser must pay additional shipping costs which are not included in the purchase price. These can be viewed on the "Delivery and Shipping Costs" page and are shown separately during the ordering process.

Section 4 Retention of title

The goods remain the property of the seller until full payment of the purchase price.

§ 5 Contract language, storage of contract text

The language in which the contract is concluded is German only. The Seller stores the text of the contract (order data and general terms and conditions). However, the storage is only temporary and is not accessible to the Buyer. It is the responsibility of the purchaser himself to arrange a printout or separate storage.

Section 6 Choice of law

The applicable law for the contract is German law, with the exception of the UN Convention on the Sale of Goods. However, this provision shall only apply if it does not affect the protection afforded by mandatory provisions of the law of the country in which the customer has his permanent residence.

Section 7 Limitation of liability

1) The Provider shall be fully liable for damages resulting from fraudulent concealment of defects or assumption of a warranty, as well as for damages to life, body or health caused intentionally and through gross negligence. The Provider shall also be liable in accordance with the Product Liability Act and in all cases that are prescribed by law.

2) If important contractual obligations are breached and the purpose of the contract is thereby jeopardised, the liability of the seller in case of slight negligence shall be limited to the damage that was typically foreseeable.

3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

II. Supplementary conditions for consumers

Section 8 Terms of payment and dispatch

Customers are requested to check the goods immediately for completeness, obvious defects and transport damage upon delivery and to inform the seller and the freight forwarder as soon as possible if something is wrong. Their warranty claims remain unaffected. The risk of accidental loss or accidental deterioration of the sold item during shipment shall only pass to the buyer when the goods have been handed over to him.

Section 9 Warranty

1) The statutory provisions apply.

2) Consumers have a warranty period of one year for second-hand items from the date of delivery. This one-year period does not apply to damage caused by negligence or intentional acts of the Seller, nor to damage to life, body or health. It also does not apply to fraud on the part of the seller as well as claims for recourse pursuant to §§ 478, 479 BGB.

Section 10 Right of withdrawal of the consumer, instructions for withdrawal

Is regulated in the section Right of Withdrawal

Section 11 Jurisdiction

If the Buyer does not have a general place of jurisdiction in Switzerland, Germany or the EU or if his domicile or habitual residence is not known at the time of the filing of the claim, the place of jurisdiction shall be the place of jurisdiction of the Seller. The possibility of appealing to another statutory court shall remain unaffected by this.

III. Additional conditions in the event that the purchaser is not a consumer.

Section 12 Transfer of risk

If the buyer is not a consumer, the risk of accidental loss or accidental deterioration of the purchased item passes to him as soon as the seller hands the item over to the freight forwarder, carrier or another person responsible for the shipment. § 447 para. 2 BGB continues to apply.

Section 13 Warranty

1) The duration of the warranty is one year from the date on which the goods are delivered. This provision does not apply to damages caused by negligence or intent on the part of the Seller, nor to damages related to danger of life, bodily injury or damage to health. Claims of recourse pursuant to §§ 478 and 479 BGB as well as fraudulent acts on the part of the seller are also excluded.

2) Only the information provided by the seller and the official product description shall be regarded as binding characteristics of the goods, but not other advertisements or public statements by the manufacturer.

3) If the buyer is not a consumer, he must immediately and carefully check the goods for quality and quantity deviations. Obvious defects must be notified in writing to the seller within seven days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. The same applies to hidden defects discovered at a later date. Warranty claims are excluded if the duty to investigate and report is breached.

4) The Seller has the option of fulfilling the warranty claim in the case of defective purchased goods either by repair or by replacement delivery. If the repair of defects fails twice, the Buyer has the option of requesting a price reduction or withdrawing from the contract. If it is a question of repair and if additional costs are incurred because the goods have been moved to a place other than the place of performance (unless this corresponds to the intended use of the goods), the Buyer shall bear these increased costs.

Section 14 Extended retention of title

1) If the Buyer is not a consumer, the Seller retains title to the goods until all claims arising from the current business have been settled. The Buyer may not pledge or transfer the goods subject to retention of title until title has passed. 2) The Buyer has the right to resell the goods in the normal course of business. In this case, the Buyer already assigns all claims arising from the resale in the amount of the invoice to the Seller. The Seller accepts this assignment. The Buyer may continue to collect the claims. If the Customer fails to meet his payment obligations properly, the Seller reserves the right to collect it himself. 3) If the goods subject to retention of title are combined or mixed with other items, the Seller acquires co-ownership shares in the new product corresponding to the value of the goods subject to retention of title at the time of processing. 4) At the request of the Customer, the Seller undertakes to make sure that the securities to which he is entitled are released insofar as their value is 10% more than it would be necessary for a debt to be secured. However, the choice of which securities to release is left to the Merchant.

Section 15 Place of performance, jurisdiction

The place where all services arising from the business relationship with the Customer are performed and the place of jurisdiction is located at the Seller's registered office. However, it is possible to appeal to the court at another legal place of jurisdiction without being influenced.