Terms and Conditions

Terms and Conditions

General Terms and Conditions of Alplant GmbH and CANNABA GmbH, 2019

1. General Terms of Use

The General Terms and Conditions (hereinafter “GTC”) set forth herein apply to the use of the websites www.alplant.ch and www.cannaba.ch, as well as to the purchase of products and services from Alplant GmbH and Cannaba GmbH.
By purchasing products and services from Alplant GmbH and Cannaba GmbH, the customer confirms that they have read and agree to the Terms and Conditions. The Terms and Conditions form an integral part of the sales contract concluded between the seller and the customer. Provisions that deviate from the Terms and Conditions are binding only if they are expressly accepted in writing by the seller. Conflicting terms and conditions of the customer will not be recognized.
By placing an order, the customer confirms that they are at least 18 years of age and legally competent at the time of the order.

2. Legal Framework

The products and services of Alplant GmbH and Cannaba GmbH, which are sold through the retailer platforms www.alplant.ch and www.cannaba.ch, are legally available for sale in Switzerland and are not subject to the Narcotics Act (BetmG).
Our tobacco substitute products are registered with the Federal Office of Public Health (FOPH) and reported to and taxed by the Federal Customs Administration’s Tobacco Tax Division. Distribution does not require approval; sales are conducted in the same manner as for other tobacco products.

3. Products and Raw Materials of Alplant GmbH and CANNABA GmbH

Alplant GmbH and CANNABA GmbH sell their products, among other things, as raw materials. The customer is responsible for determining the legal requirements and usage guidelines in the importing country. Alplant GmbH and CANNABA GmbH disclaim all liability for any use that does not comply with the legal requirements and regulations of the importing country.

3.1 Restrictions on the Use of Our Products

The products of Alplant GmbH and Cannaba GmbH are not medications. We strongly advise against discontinuing any current medical treatments or otherwise acting contrary to a doctor’s recommendation! Consultations or any information regarding therapeutic or medical matters related to the use of products from Alplant GmbH and CANNABA GmbH are reserved exclusively for healthcare professionals.

3.2 Analysis Orders

Analyses commissioned are valid only for the respective recipient and the corresponding analysis report number. It is prohibited to alter analysis reports or use them for other purposes. Any misuse will be treated as forgery of official documents and reported to the authorities by the seller.

4. Conclusion of the Contract

If, after the contract has been concluded, it becomes apparent that the ordered goods cannot be delivered, or cannot be delivered in full, the seller is entitled to withdraw from the entire contract or from part of the contract. In the event of termination of the contract, the seller is under no obligation to provide a replacement delivery.

5. Terms of Delivery

Delivery is made either by handing the goods directly to the customer or via Swiss Post or a standard Swiss courier service. The customer is responsible for delivery costs. Delivery within Switzerland is free for orders totaling CHF 800.00 or more.
Delivery time within Switzerland is typically 3 business days; for other countries, it varies depending on the destination. A delay in delivery does not entitle the customer to compensation, discounts, or cancellation of the order.
The customer is obligated to inspect the delivered goods immediately upon receipt and to report any defects covered by the seller’s warranty to the seller in writing by mail or email within 3 days.
Returns to the seller are at the customer’s expense and risk. The customer must send the goods in their original packaging, complete with all accessories, along with the delivery slip and a detailed description of the defects, to the return address specified by the seller.

6. Prices

The prices of the goods sold are the prices in effect on the date of the order. They are quoted in the currency specified, plus any applicable sales tax required by law. Tobacco taxes are already included for deliveries within Switzerland.
For deliveries abroad, the VAT and customs duty rates of the destination country—i.e., the country of the respective recipient—apply.
Alplant GmbH and CANNABA GmbH are entitled to change their prices at any time. However, they undertake to invoice the ordered goods at the prices in effect at the time of the order.
Unless otherwise agreed, no price reductions or discounts will be granted.
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from the seller. By placing an order through this website, the customer submits a legally binding offer to enter into a contract. The contract is concluded upon receipt of an automatic “order confirmation” via email, at which point the order becomes binding on the customer. Returns are permitted only under the circumstances specified in Section 10.

7. Terms of Payment

Unless otherwise expressly agreed, delivery is made upon advance payment via bank transfer to:
Berner Kantonalbank
IBAN: CH27 0079 0016 5756 3290 5
Alplant GmbH, Ziegelackerstrasse 11a, 3027 Bern CANNABA GmbH, Ziegelackerstrasse 11a, 3027 Bern

8. Retention of Title

The goods remain the property of Alplant GmbH or CANNABA GmbH until the invoice has been paid in full. Beginning on the 60th day, interest at a rate of 3% will be charged on the total invoice amount.

9. Returns

The seller grants the customer the right to return goods in the event of an incorrect delivery or a product defect. The customer must notify the seller of the return within 3 days of delivery or pickup of the goods.
Returns to the seller are at the customer’s expense and risk. The customer must send the goods in their original packaging, complete with all accessories, along with the delivery slip and a detailed description of the defects, to the return address specified by the seller.
Damage incurred during shipping must be reported within 3 days; otherwise, the right to a free replacement expires (see Section 4).

10. Data Protection

When processing and using personal data, we strictly adhere to the provisions of the Swiss Data Protection Act and the European Union’s General Data Protection Regulation (GDPR). Customer data collected during the order processing is treated confidentially and used exclusively within Alplant GmbH or CANNABA GmbH.
Data necessary for the fulfillment of services may also be shared with contracted service partners (logistics partners).
In some cases, it is necessary to use so-called cookies. The data collected does not contain any personal references or is sufficiently anonymized so that no conclusions can be drawn about your identity.
Alplant GmbH and CANNABA GmbH do not automatically collect users’ personal data, such as their name, address, phone number, or email address. An exception to this is information that the customer voluntarily provides to the seller by filling out website forms, making purchases, or otherwise contacting the seller through the website.
When visiting the websites www.alplant.ch and www.cannaba.ch, statistical visitor data is collected regarding which parts of the website are visited particularly frequently by each user. This may include, for example, data regarding the user’s browser, operating system, web logs, and other connection data, regardless of whether such collection is necessary for our purposes or for other purposes. In this context, to continuously improve the website for users, the seller may use cookies. Cookies are small pieces of software information that are stored by browsers (e.g., Internet Explorer, Google Chrome, or Mozilla Firefox) on the customer’s computer hard drive to facilitate the use of the website (e.g., language selection, shopping cart, etc.). These cookies are completely anonymous and do not contain any personal data. At no time is spyware installed or used to access data or information stored on the computer.
Most browsers automatically accept such cookies; however, browsers can be configured to refuse or not store cookies. Details on this can be found in the browser’s user manual or help section.
Every customer is free to notify the seller at any time that their personal data
should not be used to contact them in the future.
In addition, you may request information regarding the processing of your data or request a copy of the personal data collected via the websites www.alplant.ch and www.cannaba.ch. Such requests must be submitted in writing to info@alplant.ch.

11. Copyright

All images, logos, graphics, and illustrations used on this website are protected by copyright and may not be used without the written consent of the copyright holders.

12. Liability

The customer assumes full liability for personal injury, property damage, penalties, lost profits or revenue, loss of use of a product or equipment, and any loss of property that may arise from the purchase, use, or misuse of a product manufactured by Alplant GmbH or Cannaba GmbH. Alplant GmbH and Cannaba GmbH, their owners, representatives, and employees cannot be held liable for the actions of customers.
Alplant GmbH and CANNABA GmbH cannot be held liable if the failure to perform or a delay in performing any of their obligations described in these General Terms and Conditions is attributable to a force majeure event. Force majeure is therefore defined as any external, unforeseeable, and unavoidable event.

13. Jurisdiction

All legal relationships between the contracting party and Alplant GmbH or CANNABA GmbH are governed by Swiss law. The place of jurisdiction for all proceedings is Bern. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is expressly excluded.
If you have any further questions or suggestions, please feel free to contact us during regular business hours.
Email: info@alplant.ch, Phone: +41 (0) 76 336 87 03