Overview

This website is operated by Genie Swiss AG throughout the site, the terms “we”, “us” and “our” refer to Genie Swiss AG offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools that are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Scope of Validity and General Terms

1.1.   The sale of products and services is intended exclusively for adult customers with a residential address in Switzerland. We reserve the right to refuse service to anyone for any reason at any time.

1.2.   You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

1.3.   The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Accuracy, Completeness, and Timeliness of Information

2.1    We are not responsible if the information made available on this site is not accurate, complete, or current. Any reliance on the material on this site is at your own risk.

2.2.   This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3. Prices and modifications to the Service and Prices

3.1.   The sales prices published in the online shop are displayed in Swiss francs, including VAT and packaging costs.

3.2.   Prices for our products are subject to change without notice.

3.3.   We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

3.4.   We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

4. Products or Services

4.1.   Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

4.2.   We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

4.3.   We reserve the right, to limit the sales of our products or Services to any person or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

5. Order, delivery, and account information

5.1    A placement of an order in the online shop represents a binding offer to purchase the product from us. A contract is only concluded once we have sent a separate order confirmation.

5.2.   Deliveries are only made to Switzerland. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

5.3.   The expected delivery time for each product is indicated during the online ordering process and/or in the e-mail with the invoice and the order confirmation.

5.4.   The title of ownership in the products passes from us to the customer after full payment of the purchase price.

5.5.   We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

5.6.   You agree to provide current, complete, and accurate purchase and address information for all purchases made at our store. You agree to promptly update your account and other information, including your email address credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

6. Payment

6.1.   Customers may pay by means of Credit Cards or advance bank payment.

6.2.   In the case of online payments, the amount due will be credited at the time of the order. If a transaction is declined by the card issuer, we do not assume liability for delayed delivery of the ordered products.

6.3.   In case of advance bank payments, the order confirmation will be sent after receipt of the payment.

7. Warranty Claims

7.1.   In case of warranty claims, we will at our sole discretion provide supplementary performance, namely elimination of a defect (rectification), or deliver a defect-free item. A right to a reduction in price is excluded. If both supplementary performance and delivery of defect-free items fail, the Customer has the right to cancel the contract.

7.2.   Returned goods are to be sent to Genie Swiss AG. Höhenweg 3, 2540 Grenchen. Returns are at our expense and shall be returned as registered mail by Swiss Post.

7.3.   Refunds are made via the same payment method which the Customer used when ordering.

8. Third-party links

8.1.   Certain content, products, and services available via our Service may include materials from third parties.

8.2.   Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

8.3.   We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. Personal Information

9.1.   Your submission of personal information through the store is governed by our Privacy Policy.

10. Errors, inaccuracies and omissions

10.1    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order)

11. Disclaimer of Warranties; Limitation of Liability

11.1.   We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

11.2.   You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

11.3.   You expressly agree that your use of, or inability to use, the service or products is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any guarantees of any kind, either express or implied.

11.4.   To the maximum extent permitted by law, Genie Swiss AG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall in no case be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

12. Liability for online services

12.1.   We undertake to ensure that the systems, programs, etc., which we use, provide security based on the current state of the art and follow the applicable rules of data protection.

12.2.   Customers have to ensure the security of the systems, programs, and data that are within their sphere of influence. In their interest, customers should keep passwords and user names secret from third parties.

12.3.   We do not assume any liability for defects and malfunctions for which we are not responsible, especially not for safety defects and operational failures of third-party companies with whom we work.

12.4.   Furthermore, we are not liable for improper handling or disregarding of risks by the Customer or third parties, excessive use, unusual environmental influences, customer interventions, or interference by third parties (viruses, worms, etc.) which happen despite our security precautions.

13. Severability

13.1. If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Entire Agreement

14.1.   The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

14.2.   These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

15. Governing Law and Jurisdiction

15.1.   These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Switzerland, under the exclusion of its conflict of law principles and the exclusion of the UN Convention on the International Sale of Goods (CISG). All disputes shall be settled exclusively by the ordinary courts of Canton Graubünden, Switzerland unless any other mandatory places of jurisdiction should apply.

16. Contact Information

16.1.   Questions about the Terms and Conditions should be sent to us at .