Community Practice for an INTEGRAL DEVELOPMENT GmbH,
Chrüzacherstrasse 46, CH-6331 Hünenberg, Switzerland
(valid as of: 25 January 2019)
1. Scope of application
These General Terms and Conditions apply to all orders, purchases or downloads that private or business customers (hereinafter referred to as customer) resident or domiciled in Switzerland or abroad make or execute in the online shop of Gemeinschaftspraxis für GANZHEITLICHE ENTWICKLUNG GmbH (hereinafter referred to as Gemeinschaftspraxis), Chrüzacherstrasse 46, 6331 Hünenberg on the website https://jolissaint.ch.
These General Terms and Conditions apply to Switzerland, the Principality of Liechtenstein and the countries of the European Union. Delivery or service to other countries is excluded.
2 Conclusion of contract
In order to purchase or obtain a service, the customer must be of the minimum age applicable in the respective applicable jurisdiction, usually 18 years of age.
All offers of the Gemeinschaftspraxis published on the website or in the webshop are non-binding.
The contract between the customer and the Gemeinschaftspraxis shall only come into effect through an order from the customer and its acceptance by the Gemeinschaftspraxis. The customer’s order is placed online by filling out the order form provided by the Gemeinschaftspraxis on the Internet. The Gemeinschaftspraxis accepts the order by issuing an order confirmation, approving the download of products by means of a link or the like, delivering or partially delivering the ordered products or by invoicing the customer.
3 Delivery and refusal of acceptance
Delivery takes place either by download from the webshop or from our warehouse. Delivery periods or dates stated by the Gemeinschaftspraxis are non-binding. Downloads from the web shop or from a link to the web shop sent to the customer may be linked to a validity period within which the download must take place; after an unused download period, the Gemeinschaftspraxis assumes that the customer renounces the purchase and withdraws from it.
If the customer refuses to accept the ordered products, the Gemeinschaftspraxis may immediately withdraw from the contract.
4. Payment methods and deadlines, settlement prohibition
Paypal and credit card (stripe) are accepted as means of payment.
The customer pays the contractually agreed price when ordering in the webshop with the permitted means of payment. The customer may not charge claims of the Gemeinschaftspraxis against any counterclaims.
5 Retention of title, copyright, trademark and other intellectual property rights
The Gemeinschaftspraxis retains ownership of the ordered goods until the customer has paid the purchase price from the current contract term in full.
By purchasing goods or services, the customer explicitly does not acquire any copyrights, trademark rights or other intellectual property rights. These remain exclusively with the Gemeinschaftspraxis.
The customer is neither authorised to commercially reuse, use or distribute the goods or services purchased by him in his name or in the name of a third party.
6. Default of payment
If a payment is due, the debtor shall be in default by means of a reminder, unless there is no reminder required for the default to occur. The statutory provisions shall apply.
The Gemeinschaftspraxis may charge the customer a lump-sum expense allowance of CHF 25.00 each for the second reminder and any further action to collect the debt. The right to claim further costs such as fees for debt enforcement and judicial proceedings is expressly reserved.
7. Right of withdrawal and return
The customer has the right to cancel a purchase within 14 days without giving any reason. The period begins on the day of the conclusion of the contract or, in the case of sent goods, on the day on which the customer has taken possession of the delivered goods or the last partial delivery. The withdrawal can be made in writing, by telephone, by means of an E-mail or by using a contact- or withdrawal form on the website or the web shop of the Gemeinschaftspraxis.
After the expiry of 14 days, the right of withdrawal expires or, in the case of services, when the Gemeinschaftspraxis has provided its services in full. In the case of digital content, the right of return ends when the ordered content begins to be downloaded or played.
In the case of withdrawal, the services or goods received must be returned or refunded without delay from the date of the declaration of withdrawal.
In the case of a withdrawal, the Gemeinschaftspraxis will refund the customer all payments received, including the delivery costs, within 14 days of receipt of the withdrawal notice. The means of payment used by the customer for the order shall be used for the repayment.
If possible, the customer must use the original packaging for the return. Return shipping costs shall be borne by the customer.
8. Involvement of third parties
The Gemeinschaftspraxis may at any time engage third parties such as courier, postal or payment service providers to perform its services.
9 Liability and limitation of liability of the Gemeinschaftspraxis
The Gemeinschaftspraxis shall be liable to the customers for the provision of its services in accordance with the contract. Liability exists only in the case of intent and gross negligence on the part of the Gemeinschaftspraxis; otherwise, all liability is excluded to the extent permitted by law.
There are no warranties on the part of the Gemeinschaftspraxis regarding legal or actual properties for goods and objects. To the extent permitted by law, the Gemeinschaftspraxis shall indemnify itself against any claims and rights arising from defects under the law of sale.
In any case, liability is limited to the price of the scope of delivery to the extent permitted by law.
10 Data protection
The current version of the data protection declaration applies. The data protection declaration is available at any time on the website of the Gemeinschaftspraxis at https://jolissaint.ch/en/datenschutzerklaerung.
11 Place of jurisdiction
The place of jurisdiction shall be Zug (Switzerland), unless the Swiss Code of Civil Procedure or private international law prescribes a mandatory place of jurisdiction at the customer’s place of residence.
12 Applicable law, validity of the General Terms and Conditions
The contractual relationship shall be governed exclusively by Swiss law, to the exclusion of the Swiss Federal Act on Private International Law (IPRG) and the UN Convention on Contracts for the International Sale of Goods (CISG). Other mandatory provisions of foreign legal systems remain reserved.
Should one or more provisions of these General Terms and Conditions be invalid, this shall not entail the invalidity of a purchase or service contract. The invalid provision shall be replaced by the relevant statutory provision.