General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions apply to all orders placed by Customers residing in Switzerland or the Principality of Liechtenstein via the online shop vitamister.ch of EVERER GmbH, Bahnhofstrasse 33B, 8703 Erlenbach ZH (hereinafter - the Seller, vitamister or we).

2. Offer and conclusion of contract

2.1 The presentation of the products at vitamister.ch online shop does not represent a legally binding offer, but an invitation to the Customer to place an order that is binding for her/him (offer to conclude a contract).

2.2 By clicking the “Place Order” button, the Customer places a binding order for the products listed on the order page.

2.3 Immediately after receiving the order, the Seller confirms receipt of the order by email. The purchase contract is only concluded when vitamister confirms the dispatch of the goods by email (order or dispatch confirmation) or, at the latest, upon delivery of the goods.

2.4 In the case of payment in advance, the purchase contract is concluded with confirmation of the receipt of the advance payment by vitamister.

3. Right of return / Right of revocation

3.1 In general Customers have the right to return the goods within 30 days after receipt of goods. The right of return is exercised by returning the goods, a reason is not required. To register a return the Customer is required to send a free-format message to our email customercare@vitamister.ch stating the Order Number and item(s) to be returned. The return must be sent to the following address:

EVERER GMBH
Bahnhofstrasse 33B
8703 Erlenbach ZH
Switzerland

3.2 Exercising the right of return leads to the conversion of the sales contract into a reverse transaction, according to which the services received under the sales contract must be reimbursed. The consumer bears the costs for the return.

3.3 After receipt of the goods, any purchase price already paid will be refunded to the customer.

3.4 We also reserve the right to deduct compensation for possible damage or excessive wear and tear of the packaging from the purchase price to be reimbursed.

3.5 vitamister can refuse the repayment until it has received the goods back.

3.6 The right of return expires once a product was used, therefore, as a general rule, we cannot accept returns of any products which were opened, unsealed or otherwise used.

3.7 The right of return is excluded for the following groups of products (notwithstanding provisions of Article 3.6 above):

• Food / beverages (for hygienic reasons and safety concerns)
• Medicines / food supplements and other remedies (for safety reasons)
• Hygienically sensitive items

3.8 If an item returned to us belongs to the group of products listed under Article 3.7 or is not in an original condition as it was mentioned in Article 3.6 (opened, unsealed, damaged, worn or in an unsuitable condition), we won't be able to give you a refund and we may have to send it back to you and ask you to cover the delivery costs.

4. Prices and shipping costs

4.1 The prices stated on the product page include VAT and other price components and are in Swiss francs (CHF).

4.2 In addition to the prices quoted, shipping costs may apply depending on the delivery address, quantity of goods and items. The exact shipping costs are shown to the customer in the ordering process. There are no further costs for deliveries within Switzerland and the Principality of Liechtenstein.

5. Terms of delivery

5.1 Delivery is only made to addresses within Switzerland and the Principality of Liechtenstein.

5.2 Unless otherwise stated in the offer, the standard delivery time is 2-3 working days.

5.3 If not all products ordered are in stock, vitamister is entitled to make partial deliveries. Due to partial deliveries, the customer does not incur any additional costs.

5.4 If the delivery of the goods fails due to the Customer's fault despite three delivery attempts, vitamister can withdraw from the contract. Any payments made will be refunded.

6. Terms of payment

6.1 Payments can be made by Twint, Postfinance, Mastercard, Visa, American Express, Paypal, advance payment, and payment by Invoice (powered by MF Group/POWERPAY).

6.2 If the payment method Advance Payment is selected, the Seller will provide its bank details in the order confirmation email. The invoice amount must be credited to EVERER GmbH bank account within 5 working days.

6.3 When paying by credit card, Twint, Postfinance or Paypal the customer's account is debited when the goods are ordered by the Customer.

6.4 Offsetting with counterclaims not recognized or not legally established by the customer is excluded.

6.5 The customer can only exercise a right of retention if the claims are based on the same contractual relationship.

7. Purchase by invoice with partial payment option (POWERPAY)

7.1 As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.

7.2 When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to POWERPAY’s GTC (powerpay.ch/en/agb).

8.Retention of title

The goods remain the property of vitamister until they have been paid for in full. Pledging, assignment by way of security, processing or remodeling without the consent of vitamister prior to the transfer of ownership is not permitted.

9. Warranty

9.1 vitamister warrants the rectification of defects. You can choose to do this by supplementary performance, namely the elimination of a defect (subsequent improvement) or the delivery of a defect-free item (replacement delivery).

9.2 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply to minor defects. A right of the customer to a reduction is excluded.

10. Liability

The Seller excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary staff and substitutes.

11. Data protection

When processing customer data, the Seller undertakes to comply with data protection regulations. Further information on the handling of customer data can be found on the seller's separate data protection declaration. This can be viewed at any time via the website of the seller and via the following link https://vitamister.ch/data-protection

12. Final provisions

Should a provision of these general terms and conditions be ineffective, the rest of the contract remains effective. In place of the invalid provision, the relevant statutory provisions apply. Only Swiss law is applicable.

Status: December 2021