General Terms and Conditions

GENERAL TERMS AND CONDITIONS

This is an e-commerce site accessible via Internet at www.barebells.ch (hereinafter the "Website"). It is open to any user of the Website (hereinafter "Customer"). 

The Website is published by Vitamin Well Schweiz GmbH, Swiss company with share capital of CHF 100'000.00, whose registered office is located at Hardturmstrasse 3, 8005 Zürich, with company number CHE231.253.087. The Company can be contacted at the following contact details: hello@barebells.ch. 

Please read these terms and conditions carefully regarding your rights and obligations, as well as limitations and exclusions that may apply to the sale of products from Vitamin Well Schweiz GmbH on the Website. 

1.  APPLICABILITY AND GENERAL INFORMATION

1. The present General Terms and Conditions (“Terms”) apply to all agreements entered into between you (“Customer”, “you”) and us, Vitamin Well Schweiz GmbH, (“Company”, “us”, “we”) regarding purchase and sale of products through the Website (hereinafter “Products”). 
2. For the purposes hereof, it is agreed that the Customer and the Company shall be collectively referred to as "Parties" and individually as "Party".
3. As our Products are only meant for customers whose place of residence is within Switzerland and who are at least 18 years old and able to enter into binding legal contracts, you can only place an order if you meet these requirements.
4. The Products sold on the Website are not intended for resale or distribution. Without prejudice to any other right, we reserve the right to cancel orders and/or suspend accounts for which we believe that the Products, including due to their quantity, are ordered in violation of this provision.
5. You must be a consumer as these Terms apply to consumers only. 
6. When you place an order by clicking on the “ORDER WITH OBLIGATION TO PAY” button, you agree to these Terms. Other or conflicting conditions shall not apply unless expressly agreed otherwise in writing.
7. Any order for a Product offered on the Website implies consultation and express acceptance of these Terms. These Terms are accessible at any time on the Website. The Customer declares that he/she has read and accepted these Terms by checking the box provided on this purpose before implementing of the online ordering procedure. The version of the Terms that applies to your order will be the version in effect on the Website when you place your order. We will not change the terms that apply to your order after the order has been placed.
8. A copy of these Terms will be sent with the confirmation of the order.  
9. You should print or save a copy of these terms and conditions for future reference. We do not save the terms and conditions for you. Click here to print a copy of these terms and conditions. 

2. CONCLUSION OF CONTRACT

1. The Products offered for sale by the Company are those presented on the Website, on the date of the Customer's consultation of the Website, within the limit of the available stocks and subject to the conditions stipulated in these Terms. 
2. The presentation of Products on the Website does not constitute a binding offer, but only an offer to place orders. 
3. Furthermore, Customer is required to read the description sheet of each Product to find out the characteristics thereof.
4. If Customer agrees to the Terms, it will actively agree to the Terms in the checkout process. In doing so, you are submitting a binding offer (a so-called proposal) to purchase the Products shown in the order summary.
5. After receiving your order, the Company will send you a confirmation of receipt of the order by email with your order number and details of the Products you have ordered. This automatic order confirmation only confirms that the order has been received by the Company and does not constitute an approval of your order (so-called acceptance).
6. The contract is only concluded when the Company accepts your order by a separate email or by sending the Products (whichever occurs first). We will accept or reject your offer within one (1) week after you have placed your order.
7. We ensure that we describe all Products with reasonable accuracy. However, minor variations may occur. All Product images should be considered as examples. Product images may also vary depending on the colour settings of your computer or digital device.
8. The Company reserves the right to refuse approval of any order placed on the Website, including but without limitation, due to inaccurate or incomplete Product description, specifications or pricing or limited Product availability.
9. Please contact the Company’s customer service department at hello@barebells.ch for assistance if you wish to request changes to your order. However, the Company cannot guarantee that changes to your order can be made. More information on returns and refunds etc. can be found under Clause 7.

3.  USE OF OUR PRODUCTS

We only supply the Products for private use. Always read the label on all Products you have ordered from the Website before using or consuming them. Consult your doctor before using any product if you have allergies or the like.

4.  PRICES AND PAYMENT TERMS

1. All prices published on the Website are subject to change without prior notice. The price charged for a Product will be the price in effect at the time the order is placed, as indicated during the check-out process and in your order confirmation e-mail.
2. Prices shown on the Website include statutory VAT and all non-variable delivery, handling and other fixed costs and do not include variable (delivery) charges. The variable (delivery) charges, if any, will be added at check-out.
3. The time of payment varies depending on the payment method you choose during the check-out process. 
4. Your payment is handled by Shopify Payment with encryption and according to strict banking standards. We accept the following payment methods on the Website: card payment via MasterCard and VISA, Apple Pay, Google Pay, ShopPay, PayPal and Klarna. 

You represent and warrant that (i) the payment card information you provide to us is true, correct and complete, (ii) you are authorized to use such payment card for the purchase of Products, and (iii) any charges incurred by you will be paid by your payment card company.

When you choose a payment service provider listed above, you will do so at your choice and as their customer. The terms and conditions (including privacy policies) of the service provider apply. As between you and us, it is your responsibility to consult the respective terms and conditions. We do not assume responsibility or liability for your use of, or the services provided by, the payment service provider of your choice.

5. SHIPPING AND DELIVERY

1. The Company will arrange delivery of the Products either to a delivery point or to your home (depending on the shipping method offered and which one you choose). The Company currently only offers shipping within Switzerland.
2. We aim to deliver within three (3) to five (5) working days of confirmation of an order, unless otherwise agreed. All dates given for delivery of ordered Products are only approximate. If, unexpectedly, the delivery time exceeds thirty (30) days, you can cancel your order. In this case, you will be refunded the purchase price plus any shipping and handling costs (if you paid before delivery). This will be your only remedy in case of late or non-delivery. Any other remedy or liability is excluded.
3. The cost of each delivery method is clearly indicated during the checkout process. You will be charged for all shipping and handling fees indicated during the check-out process.
4. You are solely responsible for providing us with an accurate and accessible shipping address during the order checkout process. If the address information is not correct, you are obliged to reimburse the costs of failed delivery. If you want a new shipment of the Products, the new shipping costs will be charged again and will be the same as the original shipping costs.
5. We reserve the right to charge for the costs of handling non-collected parcels (return freight, forwarding costs, etc.). Therefore, we charge a fee of maximum CHF 20 depending on weight if a package is not collected. Therefore, please note that if you cancel a purchase and wish to return the Products, you must first collect the package and then return it as described in these Terms.

6. RIGHT OF WITHDRAWAL

You have the right of withdrawal in accordance with the following provisions:

Information about the right of withdrawal Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us (Vitamin Well Schweiz GmbH, Hardturmstrasse 3, 8005 Zürich, Switzerland, email: hello@barebells.ch) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. by email). You may use the withdrawal form set out below for this purpose. However, it is not mandatory to use any specific form or method of contact, as long as your message is clear and unambiguous. 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. Withdrawal form: *** For the attention of Vitamin Well Schweiz GmbH,  Hardturmstrasse 3, 8005 Zürich Email: hello@barebells.ch  I hereby notify you of my withdrawal from the contract relating to the sale of the following product: [……………..] Ordered on [……………..] received on [……………...]  Name of consumer: Address of consumer: Signature of consumer (only in the case of submission of this form on paper) Date: *** Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for any additional costs arising from your choice of a type of delivery other than the least expensive standard delivery we offer). The reimbursement will be made without undue delay and in any event no later than 14 days from the date on which we are informed of your decision to withdraw from the contract. We may withhold reimbursement until we have received the products back from you, or until you have provided proof that you have returned the products, whichever occurs first. We will carry out such reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. You must return the products to us without undue delay and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you return the goods before the 14-day period has expired. You will bear the cost of returning the products.  You are only liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.

 

7. RETURNS AND REFUNDS

1. Without prejudice to any mandatory statutory rights under applicable law, a product ordered on the website that is defective may be returned to the company free of charge for a refund within 30 days of receipt of the defective product.
2. If you wish to return a faulty product, you must contact us at hello@barebells.ch  before returning any faulty products.
3. Since we sell food products, customer’s health and safety is very important to us. We sell our products as sealed products for health protection and hygiene reasons. Therefore, we only accept returns, if the product is in a resaleable condition when we receive it. This means that the packaging of the product and any plastic seal/cellophane wrapping covering such packaging must be intact and cannot be broken or damaged.
4. You must obtain proof of your postage receipt when you send your Products to us. Providing proof of postage receipt is free, but without it, in the rare event that your Products are lost in transit, we may not be able to process your refund or replacement.

8.     WARRANTY 

1. Since we sell food products, customer’s health and safety is very important to us. We sell our products as sealed products for health protection and hygiene reasons. Therefore, we only accept returns, if the product is in a resaleable condition when we receive it. This means that the packaging of the product and any plastic seal/cellophane wrapping covering such packaging must be intact and cannot be broken or damaged.
2. You must obtain proof of your postage receipt when you send your Products to us. Providing proof of postage receipt is free, but without it, in the rare event that your Products are lost in transit, we may not be able to process your refund or replacement.
3. Customer shall consume the Product before the best before date indicated on our Products. Beyond this date, the Product must not be consumed. 
4. Subject to the best before date indicated on our Products, and provided that the Products have been stored and used in accordance with any instructions, all Products offered for sale on our Website benefit from the statutory warranty of conformity and warranty against defects (as defined in articles 197 et seq. of the Swiss Code of Obligations and subject to the conditions of those provisions), which allow Customer to return defective or non-compliant Products free of charge, provided that the use thereof has been normal.
5. When bringing an action based on the statutory warranty, Customer benefits from a period of two (2) years from the delivery of the Product to take action, provided the defect or non-conformity has been notified without undue delay in accordance with the requirements of the Swiss Code of Obligations.
6. Upon receipt of a justified timely and duly specified notification or claim, the Company may at its discretion choose between (i) a refund of the purchase price or (ii) replacement of the Product. The return costs will be borne by Customer and will only be reimbursed if Company is liable under the said warranty. 
7. To the extent permitted by applicable law, any other remedy or liability in case of defective or non-conforming products is excluded, except to the extent liability cannot be validly excluded in case of fraudulent behaviour or mandatory statutory product liability (where applicable).

9. FORCE MAJEURE

Company shall be exempt from its obligations, liability and other sanctions caused by obstacles beyond its control, which Company could not reasonably have foreseen at the time of the purchase and the consequences of which the Company could not reasonably have avoided or overcome. 

10. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, such as copyrights and trademarks, on the Website remain the property of Company, its affiliates or licensors. 

Any use of the Website or its content, including copying or storing such content in whole or in part, other than for your own personal, non-commercial use, is prohibited without the prior written permission of Company. 

11. ENFORCEMENT AND INVALIDITY

Company's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

If any term in these Terms is held to be invalid or unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. Instead, the Parties shall undertake to replace the invalid provision with a valid provision that comes closest to the desired intent.

12. DATA PROTECTION

When Customer browses the Website, creates an account and/or places an order, his/her personal data may be processed and on that occasion, Company acts as a data controller of the personal data so provided by Customer. 

For more information on how we collect and process Customer's personal data and what rights Customer has, Customer can consult the Privacy Policy (Link).

13. APPLICABLE LAW AND LANGUAGE

All matters arising from your use of this Website (including any agreements concluded between you and us via the Website) shall be governed by Swiss law without regard to its conflict of laws rules and excluding the application of the Convention on the International Sale of Goods (Vienna Convention).

14. CONTACT

All feedback, comments, customer service requests and other communications related to these Terms should be sent to: hello@barebells.ch.