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General Terms and Conditions
1. SCOPE OF APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions (hereinafter referred to as ‘Terms of sale’) apply to the online sale of products via the website (hereinafter referred to as the ‘Users’) with the URL address https://premium-chronic.com/ (hereinafter referred to as the ‘Website’) by Metawise GmbH CHE-200.798.379, whose headquarters are located at Rue de Lausanne, 1201 Geneva, Switzerland (hereinafter referred to as the ‘Company’).
1.2 The Website offers Users the opportunity to purchase CBD flowers (hereinafter referred to as the ‘Products’) online. The Products comply with applicable Swiss legal provisions and contain a tetrahydrocannabinol (hereinafter referred to as ‘THC’) content of no more than 1%.
1.3 If the user intends to consume the CBD flowers offered on the website, it is recommended that they seek medical advice in advance. The Company accepts no liability for any health impairments or other damage that may result from the consumption of the Products.
1.4 These Terms of sale, together with the General Terms and Conditions of Use of the website (hereinafter referred to as ‘terms of use’) and the Privacy Policy, form the basis of the contractual relationship between users and the company. By creating a ‘user’ account on the website, you confirm that you have read and understood these terms of sale in full and agree to comply with them without reservation.
1.5 By using the website and accepting these General Terms and Conditions, the user confirms that they have reached the age of 18 (eighteenth) year of age and has legal capacity . If the user is acting on behalf of a company, they also confirm that they are authorised to represent that company in a legally binding manner. If these conditions are not met, the purchase of products via the website is not permitted.
1.6 The company only delivers its products to users who are of legal age under Swiss law, i.e. 18 (eighteen) years or older. By confirming their order and paying for the products to the company, the user confirms on their honour that they are of legal age. They are liable for any damages suffered by the company as a result of a breach of this provision.
1.7 By complying with these Terms and Conditions, you guarantee that you have sufficient financial resources to fulfil the obligations entered into in connection with the products ordered and that you have not filed for bankruptcy or are about to be declared insolvent.
1.8 Should any of these representations and warranties prove to be incorrect, the Company reserves the right to declare the contract concluded with the user invalid in accordance with Art. 23 ff. of the Swiss Code of Obligations (hereinafter referred to as ‘CO’), without prejudice to other means and measures available to the Company.
2. COMMENCEMENT OF THE CONTRACT
2.1 The contract between the users and the company is concluded as soon as the user accepts these terms and conditions.
2.2 Products purchased by the user via the website will only be delivered after the latter has paid the full sale price. If the user defaults on payment, the company reserves the right to withdraw from the contract without further formalities (Art. 214 para. 1 OR).
3. PAYMENT TO THE COMPANY BY THE USER
3.1 The products and prices published on the website are offers addressed to users.
3.2 The prices of the products offered on the website are indicative and may be changed by the company at any time.
3.3 Prices are confirmed by the company in the order confirmation.
3.4 By making payment, the user expressly accepts these Terms of sale, the confirmed prices and the specified contract term.
3.5 Payments by bank transfer shall be made to the account specified by the company at PostFinance AG, Bogenschützenstrasse 9B, 3008 Bern, Switzerland.
3.6 In the event of non-payment for technical reasons or refusal to pay by the user, the company is entitled to withhold or refuse delivery of the products.
4. ONLINE ORDERING SYSTEM
4.1 In order to purchase the products offered on the website, the user is required to create an online account. The personal data provided for this purpose is subject to the company’s privacy policy. This can be accessed at the URL [https://premium-chronic.com/privacy-policies/].
4.2 After creating an online account on the website, the user can order the products of their choice, subject to availability. Products can also be ordered by users as unregistered ‘guests’.
4.3 Products can only be shipped to Switzerland and Liechtenstein via Swiss Post.
Liechtenstein. The products will be delivered to users by Swiss Post.
4.4 If the total amount of the user’s order exceeds CHF 49.00 (forty-nine Swiss francs), delivery by post is free of charge.
4.5 Orders are handed over to Swiss Post in accordance with its current guidelines and procedures.
4.6 Delivery, any delivery delays and possible theft of parcels are the sole responsibility of Swiss Post, to the exclusion of the company.
5. GUIDELINES FOR RETURNING PRODUCTS
5.1 Returns of products will be accepted within 30 (thirty) days of receipt by the user, provided that the packaging of the product(s) in question is intact and unopened.
5.2 The shipping costs charged by Swiss Post for returning the products to the Company shall be borne by the User.
5.3 Products on the Website whose price has been reduced by the Company at its sole discretion cannot be returned.
5.4 If the user exercises their right of return in accordance with the above return conditions, the company will refund the full purchase price in Swiss francs. The refund will be made in the form of a credit to the user’s credit card or bank account.
6. CANCELLATION POLICY
6.1 Consumers have the right to withdraw from this contract within fourteen days without giving any reason.
6.2 The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
6.3 To exercise your right of withdrawal, you must inform us (Metawise GmbH, 15 Rue de Lausanne 1201 Geneva, Switzerland, contact@premium-chronic.com, telephone: +41 78 725 2052) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail).
6.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.5 If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
6.6 You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.
6.7 The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
7. INAPPROPRIATE USER BEHAVIOUR
7.1 With regard to the products delivered to the user, the company shall not be liable for damage attributable in particular to the following aspects:
– a THC level that exceeds legal standards, i.e. that exceeds 1 per cent;
– illness or death related to the consumption of the products;
– use of the product contrary to the applicable technical or safety standards and, in particular, use contrary to the instructions on the product’s package insert;
– use of the product by the user that does not correspond to normal, reasonable and/or appropriate
use (in particular, excessive consumption);
– a fault associated with inappropriate consumption of the product by the user;
– a fire related to the use of the product by the user;
– an intentional act, negligence or fault on the part of the user;
– storage of the product in suboptimal conditions (temperature, humidity, etc.);
– exposure of the product to climatic conditions or any form of improper handling by the user;
– a case of force majeure within the meaning of Article 11.2 of these Terms of sale.
8. DISCLAIMER OF WARRANTIES
8.1 THE COMPANY GIVES NO WARRANTY OTHER THAN THOSE SET OUT IN THESE GENERAL TERMS AND CONDITIONS OF SALE AND ON THE CONDITION THAT THE USER NOTIFIES THE COMPANY IN WRITING OF ANY DEFECTS DISCOVERED BY THE USER WITHIN 3 WORKING DAYS.
8.2 IN ANY EVENT, THE USER ACCEPTS THAT THE WARRANTY THAT THE COMPANY MAY PROVIDE IN CONNECTION WITH THE PRODUCTS SOLD IS LIMITED TO THE RESIDUAL VALUE OF THE PRICE PAID BY THE USER.
8.3 THE COMPANY DOES NOT PROVIDE ANY FURTHER WARRANTY TO USERS IN CONNECTION WITH THE PRODUCTS DELIVERED.
9. DISCLAIMER
9.1 TO THE EXTENT PERMITTED BY MANDATORY LAW (SECTION 100 OR), THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, MATERIAL OR IMMATERIAL DAMAGE CAUSED TO USERS OF THE WEBSITE OR THE PRODUCTS AS A RESULT OF THEIR USE OF THE PRODUCT(S). IN ANY CASE, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES IS LIMITED TO FRAUD AND GROSS NEGLIGENCE. FURTHERMORE, ANY CIVIL LIABILITY TOWARDS USERS IS EXCLUDED.
9.2 THE COMPANY IS NOT LIABLE FOR ANY DIRECT OR INDIRECT, MATERIAL OR IMMATERIAL DAMAGES THAT THE WEBSITE AND/OR THE PRODUCTS MAY CAUSE TO THIRD PARTIES.
9.3 IN ANY CASE, THE USER ACCEPTS THAT ANY CLAIM FOR DAMAGES AGAINST THE COMPANY MUST BE SUBMITTED WITHIN ONE YEAR OF THE DAMAGE OCCURRING, OTHERWISE THE CLAIM SHALL BE FORFEITED.
10. USER OPINIONS
10.1 Once the products have been delivered to the user, the company reserves the right to seek the user’s opinion on the product(s) ordered.
10.2 The user’s opinion can only be sought with their consent. If the user agrees, the company may ask them about the reasons for using the products and their satisfaction with the use of the products. This information may be published on the website in connection with the products in question, with the user’s consent, with the exception of sensitive user data.
11. FORCE MAJEURE
11.1 The company shall not be liable for any delay or failure to perform its contractual obligations to the user in the event of force majeure.
11.2 ‘Force majeure’ refers to circumstances beyond the reasonable control of the Company, including, but not limited to, natural disasters, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, government lockdown measures, restrictions on agriculture, border closures, plant closures, strikes or other labour disputes, accidents, operational disruptions, obstructions or delays by transport companies, impossibility or delay in obtaining supplies or suitable and necessary equipment, seizure, seizure or other measures taken by or on the instructions of an apparently competent authority, as well as any other actions that are neither foreseeable nor attributable to the company and which are objectively such as to delay the delivery of the products.
12. DATA PROTECTION
12.1 The company’s privacy policy determines its approach to data protection. This privacy policy, the content of which is expressly accepted by users, is available on the company’s website [https://premium-chronic.com/privacy-policies/].
13. INTELLECTUAL PROPERTY
13.1 ‘Intellectual property rights’ refers in particular to trademarks, designs, copyrights, database rights, know-how, patents and all other intellectual property rights, whether registered or applied for, relating to the company, the website and/or the associated products.
13.2 The intellectual property rights relating to the website and/or the products owned by the company are and shall remain the exclusive property of the company.
13.3 The user undertakes not to use, represent or otherwise exploit the name of the company and the trademarks owned by the company and/or to take any action that infringes the intellectual property rights, such as, in particular, the reproduction of the intellectual property rights in any way.
14. MISCELLANEOUS
14.1 Should any provision of these General Terms and Conditions be or become invalid or ineffective, or should there be any omissions, the remaining provisions shall remain valid. Invalid provisions shall be interpreted or replaced in such a way that the purpose intended by the parties is achieved as far as possible.
14.2 The fact that one of the contracting parties does not claim the application of one of the provisions of these Terms of sale or does not exploit its violation shall not be interpreted as a waiver by that contracting party of the right to claim the said provision.
14.3 The Company reserves the right to amend these Terms and Conditions at any time, provided that it informs the User of the changes it will make.
14.4 If the German and English versions of this document differ from the French version, only the French version shall prevail.
15. APPLICABLE LAW AND PLACE OF JURISDICTION
15.1 These General Terms and Conditions are governed by Swiss law.
16. CONTACT
16.1 All questions regarding these General Terms and Conditions can be directed to:
a. the email address contact@premium-chronic.com
b. by post to the address Metawise Ltd. 15 Rue de Lausanne, 1201 Geneva, Switzerland.