GTC

General terms and conditions (GTC)

Sale through our distribution partner VaporSpirit

The HempJoy products presented on hempjoy.ch are sold through our distribution partner VaporSpirit, the CBD shop in Zurich. If you use a buy button on this website, you arrive at the product page of VaporSpirit. The ordering, the payment, the dispatch and the returns take place there, the contract is concluded with VaporSpirit, and the GTC of VaporSpirit apply.

The conditions below apply to contracts that are concluded directly with Vitaljoy GmbH – in the shop at Rosengartenstrasse 3 in Zurich, for instance, or on express request.

Shipping costs

The shipping costs for orders from Switzerland amount to a flat rate of CHF 4.50 per consignment. Deliveries from CHF 100.– are dispatched by us free of charge, without a surcharge for the customer.

The consignments are provided with a postal tracking code. With it you can follow your parcel online at any time.

Shipping costs outside Switzerland are shown automatically in the online shop.

By purchasing products from our web shop www.hempjoy.ch you confirm that you have read our GTC and agree to them.

By placing an order you confirm that you are at least 18 years old.
From a legal point of view we may give neither promises of healing, recommendations on use nor medical advice. We therefore ask you to seek advice from your doctor.
Some of our products are legal in Switzerland because they show under 1% THC. These may not be exported abroad, as every country has permitted different THC limits. Practically all countries have lower limits than Switzerland.
For the European Union the customer automatically receives products which are under 0,2% THC, for the legal guide values of the European Union.

1. Validity of the GTC and conclusion of the contract

1.1 These general terms and conditions (GTC) apply to contracts of sale with private customers and companies that are concluded through the website www.hempjoy.ch. By visiting and using our website, by an order on our website and/or by confirmation by e-mail, post or telephone, you expressly declare that you have read and accept these GTC and the data protection declaration. By ticking the box at the end of the ordering process under „Check & order“ you confirm that you have read the validity of the GTC as well as of the data protection declaration. You agree to be bound by these GTC and by the data protection declaration and thereby conclude a contract with Vitaljoy GmbH, a company registered in Switzerland with its registered office in 8037 Wipkingen/ZH with the UID no. CHE138.116.309. If you do not wish to accept these GTC and/or the data protection declaration, you may not tick the box at „I have read the terms and conditions and agree to them“, may not visit and use the website and may not order through our website.

1.2 The order is confirmed by the provider by means of an automatic confirmation of receipt. This automatically sent e-mail serves solely for your information about the successful transmission of data. It does not constitute a binding contract and counts

2. Prices and special offers

2.1 Unless agreed otherwise, the prices are understood to be in Swiss francs including value added tax and any tobacco taxes.

2.2 The provider reserves the right to change the prices at any time. Decisive are the prices named in the order confirmation sent by e-mail, letter or fax. If these prices are above those at the time of the order, the latter apply. In the case of delays in delivery or of procurement, the daily price on the day of the order applies.

2.3 Any conditions for promotions and discounts can be called up with the corresponding information.

3. Delivery conditions

Attention: we currently deliver within Switzerland, Liechtenstein and to the EU.

3.1 Delivery costs are – unless mentioned otherwise – in principle borne by the buyer and are not included in the purchase price. From a minimum order value of CHF 100.- the delivery costs are waived; this applies only to customers from Switzerland and Liechtenstein. The flat rate for shipping costs is in principle incurred once per order and is shown in the shopping basket.

3.2 We can only deliver our products between Monday and Friday (statutory and public holidays excepted). With orders to the EU, at least 5 working days from the receipt of payment are to be reckoned with until the goods are dispatched. As soon as you have sent off an order, you can in principle no longer change the delivery address. If you would like to make a change of the delivery address after sending off an order, please contact us as soon as possible at: info@hempjoy.ch

3.3 The delivery period is about 1-3 working days. The effective delivery date of a product depends on whether the product is in stock and on the delivery address that you have given us. It also depends on whether your payment has reached us.

3.4 You have to inform us about the agreed delivery date at: info@hempjoy.ch if there are certain conditions in your case that are relevant for the delivery. These are without exception all factors that relate to the access: on the way to your delivery address (e.g. low bridges, narrow streets etc.) and/or at your delivery address itself (e.g. small doors, narrow passages, steps etc.). Please consider carefully whether such factors exist in your case.

3.5 You can be obliged to pay additional delivery fees if: it is not possible for us to complete a delivery because on the day of the delivery no person over 18 years is present at the delivery address to receive the product; you attempt to change the delivery address after the parcel has already been dispatched to you; if you do not collect your order at the post office within the collection period and it is sent back to us and we have to send it again; and/or; you fail to inform us about particular conditions that are important for the delivery.

Even though we make a great effort, we can nevertheless guarantee nothing, and it is possible that we reserve the right, at our sole discretion, to withdraw from the delivery of the product to a particular address within a building at the delivery address.

In so far as your order comprises goods whose sale is subject to age restrictions, we ensure through the use of a reliable procedure including a personal check of identity and age that the person ordering has reached the required minimum age. The deliverer only hands over the goods after a completed age check and only to the person ordering in person.

Use and risk pass to the person ordering with the delivery of the goods to the person ordering.

4. Right of revocation / money-back guarantee

4.1 Our offers are described in detail and transparently on the website www.hempjoy.ch. The person ordering can inform themselves about them in detail and without time pressure.

4.2 In so far as you act as a consumer, you can revoke your contractual declaration within 2 days without giving reasons in text form (e.g. letter or e-mail) or by returning the goods. The period begins on the day after you have received the goods. To observe the revocation period the timely sending of the revocation or of the goods suffices. The revocation is – stating the corresponding payment details for the repayment of the purchase price – to be addressed to:

Vital joy GmbH
Hemp Joy
Rosengartenstr. 3
8037 Zürich

or to: info@hempjoy.ch

Please note that for legal reasons we cannot take back or refund products that have already been opened/unsealed.

4.3 As soon as we receive the goods back, we refund the purchase price to you. You have in principle to bear the costs of the return if the goods delivered correspond to those originally ordered.

5. Warranty

5.1 The seller is not liable for defects which the seller knew of at the time of the purchase.

5.2 The buyer has to check the goods delivered as quickly as possible and to report defects immediately. Hidden defects can also be complained about immediately on discovery, after putting the goods into operation or using them. The making of payments does not count as a waiver of the notice of defects.

5.3 If a defect exists, the buyer has the choice of demanding free repair, of making a deduction from the price corresponding to the reduced value, of withdrawing from the contract or of obtaining a replacement delivery. The right of the buyer to demand damages remains reserved in all cases.

6. Payment

6.1 Payment in advance

You can choose the option “payment in advance” on the order form and transfer the amount in CHF to our account after the order confirmation. Please transfer, stating your order number, the amount listed in your order confirmation in the corresponding currency to our following account. Fees always have to be borne by the person placing the order:

BBeneficiary:
Vitaljoy GmbH Bahnstr. 60 8105 Regensdorf Switzerland

IBAN:
CH670029129111492401G

Beneficiary's bank:
UBS AG Bahnhofstrasse 45 8001 Zürich Switzerland

Account no.: 0291 0011 4924.01G BIC/SWIFT: UBSWCHZH80A Clearing no. 00230 UBS postal account: 80-2-2

Vitaljoy GmbH:
VAT – UID: CHE-138.116.309

After the receipt of your payment the goods ordered are dispatched.

6. Payments with debit or credit cards: all payment transactions can become the subject of validity checks and authorisations, either by your bank or by us (whereby we can commission third parties who carry out this authorisation in accordance with our data protection declaration). If your credit card provider does not carry out the payment or does not agree to the payment, we are not liable for delays or the refusal to accept the order. Customer payments in the www.hempjoy.ch online shop take place in a protected area in which the data is transmitted in encrypted form. No liability whatsoever can be accepted by Vital joy GmbH for the security of the transmission and of the data transmitted.

6.1 If for any reason a payment is rejected after we have already dispatched our product(s), we have the right to demand the payment from you or to reclaim the corresponding product(s) from you. We can charge you fees for our costs that arise in getting the product(s) back, or insist on further payments.

6.9 All products ordered remain our property and will not pass into your property until we have received the full purchase price for the product.

7. Liability for the online connections

7.1 The provider undertakes to ensure security according to the current state of technology in systems, programs etc. that belong to it and on which it has an influence, as well as to follow the rules of data protection.

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

7.3 The provider is not liable for defects and disruptions for which it is not responsible, above all not for security defects and operational failures of third-party companies with which it cooperates or on which it depends.

7.4 Furthermore the provider is not liable for force majeure, improper procedure and disregard of the risks on the part of the customer or third parties, excessive demands, unsuitable operating resources of the customer or of third parties, extreme environmental influences, interventions by the customer or disruptions by third parties (viruses, worms etc.) which happen despite the necessary current security precautions.

8. Your account and password

8.1 In order to have access to certain functions of our website and/or to place an order, you will be asked to register with us and to create an account. To do this you need the following: you have to create a password, give us certain personal data, including your name and your e-mail address and all further details (for example your postcode) which we need in the course of the registration process. In addition you have to declare your agreement that we process your personal data in accordance with our data protection declaration. If, as already mentioned above, you do not agree to our general terms and conditions or our data protection declaration, you should neither use this website nor create an account with us.

8.2 You are responsible for the security and the reliability of the password and other login information of your account. You take on the full responsibility for all activities on your account. If you have reason to assume that your password is known to another person and/or that your account has been used without your authorisation, or will probably be used, you should contact us immediately. We are not liable for any losses or damages that arise from your having made a mistake in the protection of your password and/or of the login information of your account.

8.3 You are responsible for the correctness and the completeness of the personal data made available to us by you and guarantee that this data is complete and correct in every respect. You declare your agreement to inform us as soon as a change of this data occurs and then to access it through your account and update it.

9. Licence

9.1 The entire content of the website hempjoy.ch is protected by copyright. All rights belong to the company Vital joy GmbH or to third parties. The elements on the website hempjoy.ch are freely accessible only for browsing purposes. The reproduction of the material or of parts of it in any written or electronic form is only permitted with the express written consent of the company Vital joy GmbH. Reproducing, transmitting, modifying, linking or using the website hempjoy.ch for public or commercial purposes is prohibited without the prior written consent of Vital joy GmbH.

9.2 The various names and logos on the website hempjoy.ch are as a rule registered, protected trademarks. No component of the website hempjoy.ch is conceived in such a way that a licence or a right to use an image, a registered trademark or a logo is granted thereby. Through a downloading or copying of the website hempjoy.ch or of parts of it, no rights whatsoever regarding software or elements on the website hempjoy.ch are transferred. Vital joy GmbH reserves all rights regarding all elements on the website hempjoy.ch, with the exception of the rights belonging to third parties.

10. Purpose of use of the goods – obligations of the customer – liability

10.1 In so far as with certain products we have to make a promise of delivery dependent on the purpose of use, the customer is liable for all possible disadvantages that arise for us from incorrect information. With substances whose use may only take place within the framework of statutory or official regulations, the order of the customer counts at the same time as a declaration that these substances are to be used for a permitted purpose in the above sense. Cannabis flowers are subject to taxation as tobacco substitute products by the Federal Customs Administration FCA. By placing their order the buyer acknowledges that the resale of tobacco substitute products at a price higher than that fixed by Vital joy GmbH is prohibited.

11. Applicable law and place of jurisdiction

11.1 For private customers, the law of the state in which they have their habitual residence applies to these GTC. For commercial customers, Swiss law applies to these GTC, in particular the provisions of the CO.

11.2 For private customers from Switzerland, the court of the domicile or the registered office of one of the parties has jurisdiction. For actions of the provider, the court of the domicile of the defending party has jurisdiction. For commercial customers, the place of jurisdiction is the registered office of the provider or the registered office of the customer company.

Vital joy GmbH, Rosengartenstr.3, 8037 Wipkingen, in June 2018

Note on the GTC

Payment methods / GTC: link to our GTC or adoption of the text below

German

Kauf auf Rechnung mit Teilzahlungsoption (POWERPAY)

MF Group / POWERPAY bietet als externer Zahlungsdienstleister die Zahlungsart “Kauf auf Rechnung” an. Mit der Einzelrechnung können Sie Ihren Onlineeinkauf einfach per Rechnung begleichen. Sollten Sie auf eine Zahlung im vorgegebenen Zeitrahmen verzichten, erhalten Sie nachträglich im Folgemonat eine Monatsrechnung mit Bestellübersicht.

Beim Abschluss des Kaufvertrags übernimmt POWERPAY die entstandene Rechnungsforderung und wickelt die entsprechenden Zahlungsmodalitäten ab. Bei Kauf auf Rechnung akzeptieren Sie zusätzlich zu unseren AGB, die von POWERPAY. (powerpay.ch/de/agb)

French

Achat sur facture avec option de paiement partiel (POWERPAY)

MF Group / POWERPAY propose à titre de prestataire de paiement indépendant le type de paiement «Paiement sur facture». La facture de l’ordre vous permet tout simplement de régler votre achat en ligne par facture. Si vous renoncez à un paiement dans les délais impartis, vous obtiendrez à titre rétroactif le mois suivant une facture mensuelle avec un aperçu de la commande.

A la conclusion du contrat d’achat, POWERPAY prend en charge la créance sur facture et se charge du traitement des modalités de paiement. Dans le cadre de l’achat sur facture, vous acceptez en plus de nos CG, les de POWERPAY. (powerpay.ch/fr/agb)

Italian

Pagamento contro fattura con opzione di pagamento rateale (POWERPAY)

MF Group/POWERPAY, in veste di fornitore di servizi esterno, offre la modalità di pagamento “contro fattura”. La fattura ordine consente di pagare in modo semplice l’acquisto online contro fattura. Qualora non effettuiate un pagamento nell’intervallo di tempo dato, nel mese successivo riceverete a posteriori una fattura mensile con il riepilogo dell’ordine.

Alla stipula del contratto di acquisto, POWERPAY si fa carico del credito da fattura generato e avvia le modalità di pagamento corrispondenti. In caso di acquisto con fattura, oltre alle nostre CG, accettate le di POWERPAY. (powerpay.ch/it/agb)

English

Purchase by invoice with partial payment option (POWERPAY)

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.

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 our GTC, POWERPAY’s (powerpay.ch/en/agb)

Your Hemp Joy team