General conditions of sale

General

The Public Limited Company DEEP SERVICES, owner of the NUTRIYADO brand, invites the buyer to read these general conditions carefully.

Article 1: Scope of application

All orders placed, regardless of the means used (telephone, e-mail, online store, exhibition, etc.), are governed by these general conditions of sale.

By placing an order, the buyer acknowledges having read and accepted them, without any reservation.

These general conditions also apply to purchases made in store, by demonstrating your willingness to purchase a product.

Article 2: Conclusion of the contract

For in-store purchases:
The items placed on the shelves with a price indication constitute an offer. The buyer is deemed to have tacitly accepted the offer when he/she presents the items at the checkout for payment of the price, the sales contract is then concluded. Acceptance of the offer constitutes acceptance of the general conditions of sale.

For online purchases:
The products published online constitute an offer, which is always subject to the (resolutive) condition that delivery is possible.

The “basket” virtually allows the buyer to select the items they like. The buyer can consult it, complete it or modify it at any time during their visit to the site.

The contents of the basket will be definitively assigned to the buyer after the latter has validated his basket and his delivery address, subject to the availability of the items.

Automatic recording systems are considered to be proof of the nature, content and date of the order.
The Company confirms acceptance of the order to the buyer at the email address provided by the buyer. The automatically generated order confirmation email does not constitute a guarantee of availability or delivery. It only indicates to the customer that the Company has received the order and that the contract is concluded, provided that delivery is possible.

Article 3: Order

The Company reserves the right, at its discretion, to suspend an order, particularly in the event of unpaid invoices or insolvency.
Any modification to the order requested by the buyer can only be taken into consideration if it reaches the Company before the products are shipped.

Article 4: Products marketed

The Company reserves the right at any time to add new products, to remove all or part of the products sold or presented in its assortment, to modify them in order to improve them, to change their presentation or to cease their marketing, without being obliged to notify the buyer in advance.

The photographs, texts, illustrations and graphics illustrating the products are not contractual, they are only present for information purposes.
Changes may therefore occur between the photographs and the actual products.

Article 5: Price indication

Our prices are in Swiss Francs (CHF), including VAT and excluding handling and shipping costs.

The Company reserves the right to modify its prices at any time, without notice. The products will be invoiced on the basis of the rates in effect at the time the order is registered.

The buyer may also benefit, during certain specific periods, from promotional offers on certain products, within the limit of available stocks.

Article 6: Billing

An invoice is issued for each purchase by a professional, addressed and delivered by the Company to the buyer at the billing address, or delivered in person when purchasing in store.

Any complaint regarding invoices must be brought to the attention of the company by mail within 7 working days of their receipt. Failing this, they are considered accepted, without any reservation.

Any dispute between the buyer and the buyer shall not in any case be grounds for suspending payment of the undisputed part of the invoice.

Article 7: Payment

Article 7.1: Method of payment
For online purchases: All orders are payable in Swiss Francs (CHF), by credit card, bank card, Twint or PayPal.
For in-store purchases: Orders are payable in cash, by credit card or bank card.

Article 7.2: Payment deadline
In the event of non-payment after formal notice, the company may withdraw from the contract (the order) without further formality in accordance with article 214 of the Code of Obligations.

For in-store purchases: Payment is made when the goods are handed over to the buyer, at the checkout.

For online purchases: Payment is made when the buyer validates the virtual “basket”. Delivery therefore takes place after payment. Any incomplete delivery of an order cannot justify refusal of payment for the products delivered.

Article 8: Delivery

Article 8.1: Delivery method
Deliveries are made by post, the goods are sent to the address indicated by the buyer when ordering.

The buyer can indicate a billing address different from the delivery address.

Article 8.2: Deadline
Delivery times in Switzerland are set at 3 working days. They are fixed. These times are set in good faith and as precise as possible. For international, delivery times vary between 3 and 10 working days, depending on the buyer's place of delivery as well as our commercial shipping partners.

Deliveries are made within the limits of available stocks and are processed in the order in which orders are received.

In the event of a stock shortage for one of the products, the Company will inform the buyer and, unless otherwise instructed by the buyer, will proceed to partial delivery of the order. The missing products will constitute a pending order and will be delivered at a later date.

Generally, cancellation of the order is not possible in the event of a stock shortage.

Article 8.3: Addresses
The buyer can define a delivery address different from the billing address.

Article 8.4: Transfer of risks
The risks are transferred to the buyer upon conclusion of the contract in accordance with Article 185 of the Code of Obligations. The buyer therefore bears the risks incurred by the goods after having given his/her acceptance.

Article 8.5.1: Swiss delivery costs
The costs of shipping and transporting the goods are the responsibility of the buyer, i.e. CHF 9.– for orders less than CHF 150.-.
The costs of shipping and transporting the goods are borne by the Company for orders over CHF 150.

In the event of partial delivery due to stock shortage, the products that could not be delivered will be sent in a future order, or at the company's expense.

Article 8.5.2: International delivery costs
The costs of shipping and transporting the goods are the responsibility of the buyer, i.e. 30 euros (€) for orders less than 200 euros (€).
The costs of shipping and transporting the goods are borne by the Company for orders over 200 euros (€).
Customs duties for deliveries outside Swiss territory:
Any applicable customs duties or import taxes are not included in the shipping costs indicated and are the responsibility of the buyer.

Customs or import taxes are due as soon as the package reaches its destination country. The buyer must pay any taxes and cannot predict them, as customs policies vary greatly from one country to another.

For further information, the buyer will contact the competent authorities in their country.

Article: 8.6 Monitoring
You can call 0840 840 900 (8am-12pm / 1pm-5:30pm) to find out the progress of your order.

Article 9: Receipt of products

It is the buyer's responsibility to immediately check the conformity and condition of the products shipped, in accordance with article 201 of the Code of Obligations.
Generally speaking, the reservations or observations made on the delivery note must be complete and precise.

If the buyer does not check the goods, they are deemed to be accepted, unless there are defects that the buyer could not discover through normal checks.

If such defects appear later, they must be reported immediately. Otherwise, the goods are considered to have been accepted.

Article 10: Return of goods

Article 10.1: Satisfied or refunded
If the buyer is not completely satisfied with the items ordered, they have the option to exchange them or obtain a refund within 30 days of purchase (invoice date).

Exchanges and refunds will be considered for unused items returned in their original packaging.

Therefore, any used or damaged item cannot be returned or exchanged.

Article 10.2: Return address
Deep Services SA
Tatrel Route 39
CH - 1617 Remaufens

Article 11: Warranty

In accordance with Article 210 of the Code of Obligations, our products are guaranteed against defects for a period of one year. During the warranty period and upon presentation of the invoice, the defects will be eliminated, unless we prefer to replace the defective item with a defect-free product. The period begins upon delivery of the goods.

Damage resulting from aging is excluded from the warranty. Damage caused by improper use of the goods and/or improper treatment is also excluded.

No warranty is given for products that were not purchased directly from the company.

Article 12: Liability

Article 12.1: Limitation of repairs
Excluding compensation for possible bodily injury or legal guarantees (hidden defects and eviction), the Company's liability will be limited by the amount received for the performance of the contract. No compensation is admissible, in particular: in the event of lost profits, in the event of damage to reputation and in the event of indirect damage.

Article 12.2: Delivery abroad
The products offered comply with current Swiss legislation.

The Company shall not be held liable for any failure to comply with the legislation of the country where the goods are delivered. It is the buyer's responsibility to check with the local authorities the possibilities of importing or using the products or services that he wishes to order.

Article 12.3: Force majeure and unforeseeable circumstances
The company cannot be held liable in the event of force majeure or unforeseeable circumstances; current orders are suspended until the company is able to fulfil them. If the force majeure continues for more than 3 months, the buyer may cancel the order by registered letter with 14 days' notice.

Force majeure is understood to mean any external, unforeseeable and irresistible event, beyond the control of the Company. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to the cases usually recognized by case law: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 13: Intellectual property

All elements of this website are and remain the intellectual and exclusive property of the Company.
No one is authorized to reproduce, exploit, or use, even partially, elements of the site whether software, visual or audio.

Article 13.1: Exceptions for the use of visual elements:
Legal exception:
The use of the elements of the site is authorized in the case of private use under the conditions provided for by article 19 of the federal law on copyright and related rights (LDA).

Exception subject to authorization:
The use of visual elements is possible if the following conditions are met:
· The User requests and obtains authorization from the Company.
· The publication contains a reference to NUTRIYADO® in an express, clear and legible manner on the element used.
· When using, the user declares in writing that all rights are reserved to the Company.
These conditions are cumulative.

Article 14: Modifications to the general conditions

The Company reserves the right to adapt and modify these general terms and conditions of sale at any time. Each order placed after the publication by the Company of the new version of its general terms and conditions of sale constitutes acceptance of the latter.

Article 15: Autonomy of provisions

The invalidity of any provision of these general conditions shall not result in the cancellation of the general conditions themselves or affect the validity of the other provisions. The invalid provision shall be replaced by the corresponding legal requirement.

Article 16: Applicable law and competent jurisdiction

These general conditions are expressly governed by Swiss law.

Any dispute relating to the interpretation or execution of these general conditions is submitted to the competent court of the jurisdiction of the company's registered office.

Version 23.07

Done in Remaufens on July 18, 2023.