General Terms and Conditions of Sale
Valid from 22 May 2022
1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions of Sale («GTCS») apply to all legal relations (hereinafter referred to as the «Contract») between VIVI dna Sàrl, addressed at Boulevard Georges-Favon 3, c/o FGRD Fiduciaire Genève SA, CH-1204 Geneva (hereinafter referred to as «VIVI dna» or the «Seller») and its customers (hereinafter referred to as the «Customer») concerning products from the VIVI dna range (hereinafter referred to as the «Products»). These GTC shall apply, without any limitations or conditions, to all sales of Products offered by VIVI dna on its website (hereinafter referred to as the «Website» or «Site»), accessible via the Internet at www.vividna.com.
1.2. VIVI dna sells the Products on its Website exclusively to retailers and final consumers. All orders that clearly do not constitute a retail sale, and in general, any order that is fraudulent or deemed fraudulent in the sole opinion of VIVI dna shall be considered null and as never received. The offer of VIVI dna Products is restricted to physical persons domiciled in Switzerland. The Customer declares and guarantees that the purchase of Products on the VIVI dna website is not made in the performance of his/her professional activity, and is intended for strictly personal use.
1.3. For the purposes of the present GTCS, the Customer and VIVI dna are respectively referred to as the Party or the Parties if reference is made to both. The purpose of these GTCS is, on the one hand, to inform each potential Customer of the terms and conditions under which VIVI dna carries out the sale and delivery of the Products ordered and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of the Products by VIVI dna to the Customer. These GTC shall be carefully reviewed by the Customer prior to the completion of the purchase of the Products via the Internet Site.
1.4. These GTC may be retained by any person who has visited the Internet Site. The submission by the Customer of a Purchase Order (formerly and hereinafter the "Order") for a product for sale on the VIVI dna Internet Site implies full and unconditional acceptance of these GTC as well as of the Privacy Policy. Any provisions deviating from these GTC shall only be valid if expressly accepted in writing by VIVI dna.
1.5. VIVI dna reserves the right to change these GTCS at any time without prior notice. In order to be informed of such changes, VIVI dna advises the Customer, and in general any user, to regularly read these GTCS and the Privacy Policy that can be viewed at any time in the GTCS and Privacy Policy sections of the Site. In any event, the GTCS applicable to an Order are always those accepted by the Customer at the time the Order is placed. The changes will not be applied to orders already sent and accepted by VIVI dna.
2. CONCLUSION OF THE CONTRACT
2.1. The offers, prices, price lists, product descriptions, brochures, and other data of VIVI dna are non-binding and VIVI dna may change or revoke them at any time and do not constitute an offer, but merely an invitation to the Customer to submit an offer. The submission of an offer is reserved exclusively for persons of sound mind domiciled in Switzerland.
2.2. Each Order placed by the Customer implies acceptance of these GTC and the Privacy Policy and constitutes an offer to purchase the Products of VIVI dna.
2.3. Orders are subject to acceptance by VIVI dna, which reserves the right, at its sole discretion, to refuse the Order, including in cases where:
2.4. In the event of rejection of the Order, VIVI dna shall inform the Customer, within 30 working days from the placing of the Order, that the Order cannot be accepted. The Customer may check the details of its Order and correct any errors before confirming/sending the Order.
2.5. Once the Customer confirms the Order by clicking on "Confirm Payment", the Customer declares that he/she has consciously accepted the content and conditions of the Order in question and, in particular, these GTC, prices, volumes, characteristics, quantities and delivery times of the Products offered for sale and ordered by the Customer.
2.6. After the Order has been placed, the Customer may not change and/or cancel it.
2.7. The Contract shall be concluded upon receipt of the Order Confirmation by e-mail, sent to the e-mail address provided by the Customer. The Customer warrants to VIVI dna that the data provided at the time of ordering on the Site are correct.
2.8. VIVI dna shall not be responsible in the event of the entry of an invalid e-mail address and/or non-receipt of the Order Confirmation e-mail for reasons not directly attributable to VIVI dna. In this case the sale shall be considered final.
2.9. The Customer shall dispute any errors in the purchase invoice by e-mail to info@vividna.com within 15 days at the latest, stating the reasons. Otherwise, the invoice shall be deemed approved by the Customer.
2.10. Each Contract is subject to the condition that the goods requested are available. If the quantity of goods indicated in the Order confirmation is less than the quantity originally ordered by the Customer, the Contract shall be deemed to have been concluded for that lesser quantity.
3. CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
3.1. The Customer may select one or more Products from the different categories available on the VIVI dna website.
3.2. VIVI dna may change the assortment of Products offered for sale on its Internet Site at any time without prior notice.
3.3. The offers presented by VIVI dna are valid for as long as they are published on the website and within the limits of available stocks.
3.4. VIVI dna works to provide correct descriptions of the Products; however, it is possible that these may differ from the manufacturer's description. VIVI dna assumes no responsibility for the correctness, topicality and completeness of the descriptions and images of the Products.
3.5. For any questions concerning the Products and their use, or for any further questions, the Customer may contact VIVI dna at info@vividna.com.
4. PRICES OF PRODUCTS
4.1. The prices of the Products offered for sale on the VIVI dna Website are indicated in CHF and are the prices in force at the time the Order is sent by the Customer. The prices of the Products include the value added tax (VAT) applicable at the time the Order is sent. The VAT rate in force at the time of the conclusion of the Contract shall apply.
4.2. The prices published on the Site www.vividna.com apply.
4.3. VIVI dna may change the sale prices of the Products at any time and without prior notice. Such change shall be notified to the Customer before any Order is placed. VIVI dna shall not make any change to the price of any Product after VIVI dna has accepted the Order sent by the Customer.
4.4. The prices of the Products do not include shipping costs. Shipping costs vary depending on the shipping method selected by the Customer when placing the Order and are displayed in the Order summary before the Customer's request for confirmation of payment. Shipping costs can be changed at any time by VIVI dna but changes will not be applied to Orders already placed and accepted by VIVI dna.
5. PAYMENT
5.1. For the purchase, the Customer may choose between the different payment options offered from time to time on the Website. The Customer warrants to VIVI dna that he/she has the necessary authorisations to use the payment method chosen for his/her Order at the time of placing the Order. For each Order, we reserve the right not to offer certain payment methods.
5.2. All Orders are payable in CHF, including taxes and compulsory contributions. Any bank charges will be borne exclusively by the Customer, even in the event of a refund.
5.3. VIVI dna reserves the right to suspend or cancel, at its own discretion and at any time, the execution of an Order and/or the shipment of the ordered Products in the event of non-payment or partial payment of any amount due by the Customer, in the event of late payment, or in the event of fraud or attempted fraud through the use of the VIVI dna website, including in connection with previous Orders.
6. SHIPMENTS
6.1. The prices of the Products do not include shipping costs. For further information, please refer to Section 3.5.
6.2. The Products ordered by the Customer under these GTC will be delivered to the address indicated by the Customer as the delivery address on the Order ("Delivery Address").
6.3. VIVI dna may deliver the Products by partial deliveries.
6.4. VIVI dna ships in Switzerland via Swiss Post (hereinafter the «Carrier»).
6.5 The delivery terms and times stated by VIVI dna on the Website (in particular those contained in offers and order confirmations) are not binding and may vary. The shipping terms of the Carrier shall prevail.
6.6. Incorrect or excess deliveries shall be objected to by VIVI dna in writing within 2 working days after delivery to info@vividna.com, stating the reasons therefor. Otherwise, the delivery shall be deemed to have been approved.
6.7. No objection can be raised in respect of the shipment itself in the event that the package appears to have been delivered. For this purpose, the Carrier's computer system is authoritative.
7. RETURN AND REFUND POLICY
7.1. As a general rule, due to the food nature of the Products, returns are not possible. VIVI dna supplies Products in perfect condition, which in principle may not be returned or exchanged. An exception is made exclusively for Products delivered incorrectly or which show defects when the Customer receives them. In such cases, provided that the defects have been previously notified to VIVI dna, the Products shall be returned to VIVI dna in the original packaging; if possible, the Customer shall receive a replacement delivery, otherwise a refund. The decision as to whether to provide a replacement delivery or refund remains at the discretion of VIVI dna. Any defects must be notified in writing within 2 days of receipt of the Products at info@vividna.com; otherwise the Products shall be deemed accepted as being free of defects.
7.2. If the Products are damaged during transport or if they do not reach the place of delivery despite having been duly dispatched, the Customer must contact the Carrier directly.
8. PROTECTION OF PERSONAL DATA
8.1. VIVI dna shall process Customer data exclusively in accordance with legal provisions, including the Federal Data Protection Act (DPA). Data processing shall take place in particular for the purposes of invoicing, Customer contract management and marketing.
8.2. The VIVI dna Website uses various services and cookies that process Customer data. Details in this respect can be found in the Data Protection Statement sections of the Site.
9. VARIOUS
9.1. All legal relations between the Customer and VIVI dna, including these GTCS and Legal Information and Privacy Policy, are subject to and governed by Swiss law. The Vienna Convention on the International Sale of Goods does not apply.
9.2. All disputes arising from or in connection with the Contract between the Customer and VIVI dna shall be settled exclusively by the Swiss courts located at the registered office or domicile of VIVI dna. Alternatively, VIVI dna has the right to apply to the court where the Client has its seat or domicile.
9.3. VIVI dna shall not be liable in any way for any violations of these GTCS, even if foreseeable, attributable to the act of a third party, the fault of the Customer, the occurrence of a force majeure event or any other event that is not reasonably under the exclusive control of VIVI dna.