GENERAL TERMS AND CONDITIONS

1 Scope of application

These General Terms and Conditions (“GTC”) apply to all business areas of NEMAPO 77 – HEALT | LIFESTYLE | WEALTH, Rätschengässli 49, 8302 Kloten, Switzerland (hereinafter “Service Provider”). The Service Provider provides services against payment and partly free of charge. In addition, the Service Provider offers consulting services and sells products. These GTC apply to the aforementioned areas as well as to all other services that the Service Provider provides directly and indirectly for customers. These GTC shall become a binding part of the contract between the Customer and the Service Provider upon conclusion of the contract and do not require the Customer’s consent (verbal or written).

2 Conclusion of the contract

The contract is concluded by the customer’s acceptance (verbally or in writing) of the offer, the order (including via the online store), the service provider’s offer to the customer to purchase services, products or advice. The contract is also concluded when the customer makes use of the services offered by the service provider or purchases or uses products from the service provider.

3. Prices

All prices are quoted in Swiss francs (CHF). All prices include the value added tax applicable in Switzerland. The Service Provider reserves the right to adjust prices at any time without notifying the Customer. The Service Provider’s prices valid at the time the contract is concluded shall apply to the Customer.

Hourly rate for consulting and support services:
CHF 225.00 per hour (first hour flat rate, thereafter per additional half hour)

Expenses:
CHF 2.50 per kilometer

Products:
According to the separate price list in the respective online store or on the offer.

4. Terms of payment

The customer is obliged to pay the amount invoiced by the service provider within 5 days of the invoice date. Unless the amount has already been paid by PayPal, credit card, Maestro, Twint or other payment systems at the time the service is provided. If the invoice is not paid within the specified payment period, the customer will be sent a reminder for the first time. The reminder fee for the first reminder is a flat rate of CHF 75.00. If the customer does not pay the invoice within the set reminder period, a second reminder will be sent. The reminder fee for the second reminder is an additional flat rate of CHF 75.00. If the customer again fails to pay the invoice within the set reminder period, the outstanding amount including the invoice amount will be charged to the customer. the invoice will be sent to the customer. Reminder fees, interest on arrears (From the time of default due to the first reminder, the customer shall owe interest on arrears of 5% including all other legal costs. Reminder fees shall be charged separately if, in the event of reminders, only the original invoice amount is payable to the Service Provider. The Service Provider reserves the right to demand advance payment or cash payment at any time without giving reasons. Offsetting the invoice amount against claims of the Client against the Service Provider is not permitted. The service provider reserves the right to refuse to provide the service or deliver the product in the event of late payment until the outstanding claims have been paid in full.

5. Obligations of the service provider

Unless otherwise agreed, the service provider shall fulfill its obligations by providing the agreed services. The services shall include all services agreed at the time of conclusion of the contract. The service provider expressly reserves the right to engage third parties to fulfill the contractual obligations. In doing so, the service provider must ensure that the involvement of third parties always takes place in compliance with all mandatory statutory provisions.

6. Obligations of the customer

The Customer shall be responsible for the secure storage of its access data and passwords and for the content of the data collected. The customer undertakes to immediately take all precautions necessary for the provision of the services by the service provider. The customer undertakes to make the arrangements at the agreed time and place. This also includes providing the service provider with the necessary information and documents. In addition, the customer undertakes to cooperate comprehensively and in good time. The service provider always assumes that the information provided by the customer is correct and complete and that the customer complies with the statutory obligations to cooperate and provide information. Furthermore, by accepting these General Terms and Conditions, the customer confirms (also tacitly upon conclusion of the contract) that he/she has unlimited legal capacity and is of legal age and that all information provided is truthful, up-to-date and in compliance with the rights of third parties. The service provider is only responsible for checking the accuracy and correctness of the information provided by the customer if this has been agreed in writing in advance.

7. Right of withdrawal

Both parties have the right to withdraw from the contract at any time. In the event of withdrawal, the other party shall be reimbursed in full for the costs already incurred; the costs incurred as a result of the withdrawal shall be invoiced to the customer by the service provider. Products are excluded from exchange/withdrawal.

8. Retention of title

Ownership of the products and services shall remain with the Service Provider until the purchase price has been paid in full. Until payment has been made in full, the customer may not dispose of the products under any circumstances, and in particular may not sell, rent or pledge them.

9. Guarantee

The Service Provider shall always endeavor to provide its services in full. The Service Provider assumes no guarantee or warranty for its services and products.

1o. Delivery

Your order will be processed within two working days. The shipment is made by A Mail. You will be notified if delivery cannot be made within one week. Claims for damages due to a delay in delivery cannot be asserted.

11. Shipping costs

Switzerland and Liechtenstein: Up to an order value of CHF 150.00, a flat rate of CHF 10.00 will be charged for postage, packaging and handling. From an order value of CHF 150.00, all shipping costs are waived (applies only to end customers in Switzerland and Liechtenstein). Customers & retailers who benefit from special conditions pay the shipping costs in accordance with their separate General Terms and Conditions (GTC).

EU: Up to an order value of CHF 250.00, a flat rate of CHF 25.00 is charged for postage, packaging and handling. From an order value of CHF 250.00, all shipping costs are waived (applies only to end customers in the EU). Customers & retailers who benefit from special conditions pay the shipping costs in accordance with their separate General Terms and Conditions (GTC). Please note that additional customs and VAT costs may be incurred for deliveries to the EU.

12. Complaints / Returns

We want our customers to be satisfied with our products. However, returns without prior consent will not be accepted. Returns for exchange or credit can only be accepted in perfect condition and in undamaged original packaging. The postage costs shall be borne by the customer. Damaged goods will be exchanged free of charge.

13. Liability

Liability for direct, indirect and consequential damage is excluded in full. Any liability for third parties is excluded in full.

14. Intellectual property rights

The service provider is entitled to all rights to products, services and any trademarks or is entitled to use them.

15. Amendments

The Service Provider may amend these GTC at any time and without prior notice. The current version published on the website shall apply. The new version shall enter into force upon publication on the Service Provider’s website.

16. Severability clause

Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of these GTC. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes.

17. Confidentiality

Both parties and third parties undertake to treat all information transmitted or obtained in connection with the services as confidential. This obligation shall remain in force even after termination of the contractual relationship.

18. Force majeure

Any claims, in particular claims for damages due to force majeure, are excluded.

19. Protection of data

All information on data protection can be found under Data protection provisions

20 Applicable law

These GTC are subject to Swiss law. In the absence of mandatory statutory provisions, the court at the registered office of the company shall have jurisdiction.

Kloten, 01.01.2021