General Terms and Conditions
1 Scope of application
The present general terms and conditions (hereinafter "GTC") apply to all legal transactions made through the online shop www.aromastick.ch (hereinafter referred to as "online shop"). The online shop is operated by Aromastick AG (hereinafter referred to as Aromastick).
Aromastick reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online shop (hereinafter "offer") is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
Customers confirm compliance with the legal provisions for all product orders with a minimum age requirement of 18 (particularly for alcohol and tobacco products).
Orders exceeding conventional household amounts may be rejected without justification.
2 Information
2.1 Product and price
Images of products in advertising, brochures, the online shop etc. serve illustration services and are non-binding.
All sales prices published in the online shop are final prices, which the following items are included in the price of the product: VAT, any prepaid recycling fees, packaging costs, delivery costs, and any other taxes, fees, or costs all taxes (notably VAT). Only the minimum order surcharge – if applicable – is excluded. In addition to the final price, a minimum order surcharge of maximum CHF 9.00 can be charged for order totals of below CHF 50.–. Aromastick reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
Any additional services subject to a fee, e.g. installation, disposal, warranty extensions, insurance etc., are offered by Aromastick. Such additional services are listed separately in the shopping cart and on the invoice.
2.2 Availability and delivery times
Aromastick is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for Aromastick. Therefore, all information on availability and delivery times is subject to change.
3 Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from Aromastick shall be deemed concluded with Aromastick as soon as an order has been placed by the customer in the online shop, at one of our stores, by telephone or e-mail (hereinafter referred to as "contract").
The receipt of an online order is indicated to the customer by means of an automatically generated order confirmation from Aromastick to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with Aromastick under condition of deliverability and correct price quotation.
4 Delivery date
Together with the order confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by Aromastick is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th from the originally scheduled delivery date. In this instance, Aromastick shall refund the customers any payments they have already made. No further claims towards Aromastick apply.
5 Delivery
For products and services by Aromastick, all delivery options are shown during the check-out phase.
We aim to deliver all orders within 4 working days.
The delivery address in Switzerland or Liechtenstein must be easily accessible by truck. If this is not the case, the customer must bear any additional costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, Aromastick may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform Aromastick of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery at the latest. The customer is aware that this information needs to be sent via email to the following email address: info@aromastick.net. The customer must retain the product in the condition it was delivered in and may not use it. The customer must follow the instructions for the returns process as described in the support email.
7 Warranty
7.1 Basic provisions
Aromastick does not provide any warranty on products sold on their webshop. This expressly excludes product defects.
7.2 Product defects
Aromastick will either replace the defective product with a new, equivalent product within two working days after receipt of the defective product, or the purchase price will be refunded. If a product is replaced, Aromastick will pay the relevant shipping charges.
8 Liability and exclusion of liability
8.1 Liability
Liability is based on the applicable legal provisions. However, in no event shall Aromastick be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of Aromastick, be this contractual or non-contractual.
Moreover, Aromastick will not accept any liability in the following cases:
• storage, setting or use of products that is improper, unlawful or contrary to contract;
• use of incompatible spare parts or accessories (e.g. power supply);
• failure to maintain and/or improper modification or repair of the products by our customers or a third party;
• force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Aromastick or official orders.
8.2 Limitation of liability
Aromastick accepts no liability for loss or damage of any kind – whether it be for direct, indirect or consequential damage that may arise from the use of or access to the Aromastick websites or from any links to third-party websites. Aromastick does not warrant that the individual parts of the website run flawlessly. Furthermore, Aromastick accepts no liability for any manipulation of the internet user’s IT system by unauthorised persons.
9 Payment
9.1 Payment methods
Aromastick shall invoice customers directly for all payments due for products and services purchased via the Aromastick online shop. Upon conclusion of the purchase contract, the retailer shall assign all payment claims arising from the purchase contract between itself and the customer to Aromastick (assignment). The customer acknowledges this assignment and is obliged to make all payments exclusively to Aromastick.
The customer can choose from the payment options offered in the online shop under "Payment options".
Payment must be made in Swiss Francs.
When paying by credit card or other instant payment methods, the amount is debited when the order is placed.
9.2 Delay of payment
If the customer fails to meet their payment obligations in whole or in part, all outstanding amounts owed by the customer to Aromastick under any title shall become due immediately (in the case of advance payment, within 8 calendar days of the first reminder) and Aromastick may demand immediate payment and suspend further deliveries of products to the customer.
If the customer fails to meet their payment obligations in full or in part in the case of payment by instalments, all outstanding amounts, including instalments not yet due, which the customer owes Aromastick under any title, shall become due immediately and Aromastick may demand immediate payment and suspend further deliveries of products to the customer.
Aromastick charges an administration fee of CHF 5 for the second reminder and CHF 20 for the third reminder. Unpaid claims will be collected by an external debt collection agency after unsuccessful reminders. In addition to settling the invoice amount, customers are also obliged to reimburse all costs incurred in connection with the delay in payment (in particular default interest, reminder fees, collection costs and legal fees).For collection services provided by a debt collection agency, customers owe the following compensation in CHF, depending on the amount of the principal claim, in the event of late payment and from the time the debt collection agency is commissioned: A maximum of 25% of the respective amount per invoice, but no more than CHF 25 per invoice, plus default interest in accordance with the Swiss Code of Obligations and any collection and legal fees. The collection costs in the amount specified above shall be deemed to have been accepted by the customer regardless of proof of damage.
9.3 Reservation of ownership
All ordered products remain the property of Aromastick until payment is received in full.
10 Order change or cancellation
Order placement obliges the customer to accept the products and services. Aromastick may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.–, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion pursuant to point 3, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Returning non-defective products
Aromastick, guarantees the right to return a product without justification for up to 14 days. This period begins from the date the order is delivered or picked up.
If a product is returned, the customer must pay all associated shipping charges.
Should customers exercise their right of return, Aromastick shall refund the total purchase price with the exception of any minimum order surcharge paid and the return fees listed in the return policy.
The customer assures Aromastick that the details and listing of the returned products are complete and correct and that the return delivery actually contains the products described in the return receipt. The customer shall fully indemnify Aromastick against all third-party claims in connection with an incomplete or incorrect customs declaration caused by the customer. Aromastick has the right to check the customer's details by carrying out spot checks.
12 Further provisions
12.1 Data privacy protection
On the website Imprint page you can see how personal data is processed by Aromastick.
12.2 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC are not affected by this.
12.3 Place of jurisdiction and applicable law
All legal relations between Aromastick and customers are subject to substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The following exclusive places of jurisdiction apply:
For any claims resulting from purchase contracts in which one party is Aromastick:
For claims by consumers, the place of jurisdiction that applies is Glarus or the consumer’s place of residence. In any other case, the exclusive place of jurisdiction is Glarus.