Legal notice

General terms of use

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

By placing an order you assure that you are at least 18 years old.
For legal reasons we are not authorised to give promises of healing, recommendations on use or medical advice.
We therefore recommend that you seek advice from your doctor.
Some of our products are legal in Switzerland because they show a THC content of under 1%. These may not be exported abroad, as every country prescribes different THC limits. Most countries have lower limits than Switzerland.
For customers in the European Union we automatically dispatch products with a THC content under 0,2% in order to comply with the legal guidelines of the European Union.

GTC

Validity of the GTC and conclusion of the contract

These general terms and conditions (GTC) are decisive for contracts of sale with private customers and companies that are concluded through the website www.hempjoy.ch. By visiting and using our website, by placing an order on our platform and/or by confirmation by e-mail, post or telephone, you expressly declare that you have read these GTC as well as the data protection declaration and agree to them. 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 and of the data protection declaration.

You agree to be bound by these GTC and the data protection declaration and thereby conclude a contract with Vital Joy Schweiz GmbH, a company registered in Switzerland with its registered office in 8037 Wipkingen/ZH and UID: CHE-138.116.309. 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 or use the website and may not place an order through our platform.

e provider confirms the receipt of the order by means of an automatic confirmation of receipt e-mail. This automatically sent e-mail serves solely to inform about the successful transmission of data. It does not constitute a binding contract and does not count as acceptance of your order. The acceptance (conclusion of the contract) only takes place through the dispatch of the goods by Vital Joy Schweiz GmbH.

Prices and special offers

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

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.

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

Delivery conditions

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

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.

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 your order has been sent off, it is in principle no longer possible to change the delivery address. If you wish a change of the delivery address after sending off an order, please contact us as quickly as possible at: info@hempjoy.ch

The delivery period is as a rule 1-3 working days. The actual delivery date of a product depends on whether the product is in stock, as well as on the delivery address you have given and on the receipt of your payment.

Please inform us about any circumstances that are relevant for the delivery if there are specific conditions at your delivery address. This includes all factors that concern the access, both on the way to your delivery address (e.g. low bridges, narrow streets etc.) and at your delivery address itself (e.g. small doors, narrow passages, stairs etc.). Please consider carefully whether such factors apply in your case.

It may be that additional delivery fees are incurred if:

We cannot complete the 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.
You do not collect your order at the post office within the collection period and it is sent back to us, so that we have to dispatch it again.
You fail to inform us about particular conditions that are important for the delivery.

Although we make an effort, we cannot guarantee, and there is the possibility that we reserve the right, at our sole discretion, to withdraw from the dispatch of the product to a particular address within a building at the delivery address.

If your order comprises goods for which age restrictions apply, 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 goods are only handed over after a successful age check and only to the person ordering, in person.

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

Right of revocation / money-back guarantee

Our offers are described in detail and transparently on the website www.hempjoy.ch. The customer has the possibility to inform themselves about this information in peace and without time pressure.

If you act as a consumer, you have the right to 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 revocation period begins on the day after the receipt of the goods. To observe the revocation period the timely sending of the revocation or of the goods suffices. The revocation is to be addressed, stating the corresponding payment details for the repayment of the purchase price, to:

Vital Joy Schweiz GmbH HempJoy 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. 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.

Warranty

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

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.

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.

Payment

Payment in advance

Our bank details: you receive the bank data automatically after the completion of your order if you have chosen the payment method of payment in advance.

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

Payments with debit or credit cards: all payment transactions can be 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). Should your credit card provider not carry out the payment or not agree to the payment, we accept no liability for delays or the refusal to accept the order. Customer payments in the online shop of hempjoy.ch take place in a protected area in which the data is transmitted in encrypted form. Vital Joy Schweiz GmbH accepts no liability for the security of the transmission and of the data transmitted.

If for any reason a payment is rejected after we have already dispatched our products, we reserve the right to demand the payment from you or to reclaim the corresponding products from you. We can charge you fees for the costs incurred that arise on the return of the products, or insist on further payments.

All products ordered remain our property and only pass into your property when we have received the full purchase price for the product.

Liability for the online connections

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. 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.

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.

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.

Your account and password

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.

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.

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.

Licence

The entire content of the website hempjoy.ch is protected by copyright. All rights belong to the company Vital Joy Schweiz GmbH or to third parties. The elements on the website hempjoy.ch are freely accessible exclusively 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 Schweiz 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 Schweiz GmbH.

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 downloading or copying the website hempjoy.ch or parts of it, no rights whatsoever regarding software or elements on the website hempjoy.ch are transferred. Vital Joy Schweiz GmbH reserves all rights regarding all elements on the website hempjoy.ch, with the exception of the rights belonging to third parties.

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

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 Schweiz GmbH is prohibited.

Applicable law and place of jurisdiction

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.

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

Your HempJoy team.