General Terms and Conditions

CAREISTA – General Terms and Conditions (AGB)

of

CAREISTA | BeverFood AG (BeverCare)
Chaltenbodenstrasse 6C
8834 Schindellegi
Switzerland
E-mail: hello@careista.ch
Phone: +41 44 520 5275

Status: 01.01.2025
Version: 1.02

1. GENERAL

These General Terms and Conditions (GTC) of CAREISTA | BeverFood AG (BeverCare), Chaltenbodenstrasse 6C, 8834 Schindellegi, Switzerland (“BeverCare”) apply to all legal transactions concluded via the online platform or website or webshop www.careista.ch or corresponding subpages (CAREISTA Shop). The operator of the CAREISTA Shop and seller of the products is BeverCare. The buyers are the customers who purchase products via the CAREISTA Shop (customers).

BeverCare reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall apply.

Any terms and conditions of the customer that conflict with or deviate from these GTC shall not apply and shall have no legal effect between the parties.

BeverCare may, at its own discretion, temporarily or permanently exclude customers who violate the GTC or fail to pay their invoices from using the CAREISTA Shop.

2. PRODUCT, PRICE, SHIPPING COSTS, AVAILABILITY AND DELIVERY TIME

2.1 Product and price

All sales prices published in the CAREISTA Shop are quoted in Swiss francs (CHF) and (unless expressly stated otherwise) are gross prices that include all taxes (in particular VAT) and all other possible charges, fees or costs. The only exceptions to this are possible shipping costs and small quantity surcharges, which BeverCare may charge additionally (see below). BeverCare reserves the right to change the prices of the products offered at any time. The price in the CAREISTA Shop at the time of the order is decisive for the conclusion of the purchase contract.

2.2 Shipping costs

Any shipping costs are shown in the checkout in the CAREISTA store.

Unless otherwise stated in the CAREISTA Shop, BeverCare delivers free of charge within Switzerland for orders of CHF 49.00 or more. For orders of less than CHF 49.00, BeverCare will charge an additional shipping fee of CHF 7.00 for B Mail or CHF 9.00 for A Mail incl. VAT per order. We reserve the right to provide different information in the CAREISTA Shop.

2.3 Availability and delivery time

BeverCare attaches great importance to providing up-to-date and accurate information on availability and delivery times in the CAREISTA Shop. However, there may be delays in delivery, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.

2.4 Information on products

BeverCare assumes no liability for the accuracy and completeness of the respective product descriptions and labeling in the CAREISTA Shop. Images of products in the CAREISTA Shop are for illustrative purposes only and are non-binding.

3. CONCLUSION OF CONTRACT

The CAREISTA Shop is aimed exclusively at customers with their place of residence or registered office in Switzerland and the Principality of Liechtenstein. Deliveries are made exclusively to addresses in Switzerland and the Principality of Liechtenstein and to persons over the age of 18. By submitting their order, customers confirm that they are at least 18 years old.

The presentation of goods in the CAREISTA Shop does not constitute a legally binding offer, but an invitation to customers to place a binding order (offer to conclude a contract).

By clicking on the button “Complete order” (or similar), the customer places a binding order for the goods listed on the order page.

After receiving the order, BeverCare confirms receipt of the order by e-mail. However, the purchase contract is only concluded when the goods are dispatched. BeverCare remains free to refuse or not deliver orders for goods in whole or in part, with or without giving reasons, until the products have been sent to the customer. In this case, the customer will be informed immediately and any payments already made will be refunded.

4. DELIVERY DATE

Customers are shown a delivery time when they place their order. They can also view this in their order overview in their CAREISTA Shop user account. When the order is sent, the customer receives a shipping confirmation by e-mail. This may contain a tracking link from the shipping service provider, which can be used to track the delivery.

In the event of late delivery, customers have the right to cancel their order from the 30th calendar day after the originally announced delivery date. In this case, BeverCare shall reimburse the customer for any amounts already paid in advance. Any further claims against BeverCare are excluded.

5. DELIVERY

The ordered products will be delivered to the customer via shipping to the delivery address specified by the customer when placing the order.

The customer’s delivery address must be located in Switzerland or the Principality of Liechtenstein and be easily accessible by the usual delivery services. If this is not the case, the customer shall bear any additional costs.

If the customer does not accept the ordered products on the agreed or indicated delivery date, BeverCare may terminate (cancel) the contract and invoice the customer for the delivery costs incurred and any loss in value.

6. ASSISTANTS

BeverCare may commission third-party companies for logistical processing, transportation or delivery and as contact partners for returns and support.

7. WARRANTY

7.1 Obligation of the customer to check

The customer must check delivered products immediately for correctness, completeness and delivery damage.

Delivery damage, incorrect and incomplete deliveries must be reported to BeverCare within 5 calendar days from the time of delivery in the case of recognizable defects, and immediately after discovery in the case of defects that are not immediately recognizable. A corresponding report to BeverCare must be made via the contact form in the CAREISTA Shop, by e-mail or by letter. The customer may not put the affected product into operation or continue to use it. The delivery shall be deemed approved if the customer does not comply with these inspection and complaint obligations within the specified period.

7.2 Correction of defects

BeverCare may choose to remedy defects by subsequent performance, i.e. either by rectifying a defect (rectification) or by delivering a defect-free item (replacement delivery). The return costs incurred shall be borne by the customer.

7.3 Expiry of warranty claims

After 24 months from delivery of the products, any warranty claims by customers shall lapse, even if they have not been discovered by then.

8. LIABILITY AND EXCLUSION OF LIABILITY

To the extent permitted by law, any liability of BeverCare is excluded. In no event shall BeverCare be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delay in delivery and (v) any acts and omissions of BeverCare’s auxiliary persons, whether contractual or non-contractual.

Furthermore, BeverCare rejects liability in the following cases:

– improper, non-contractual or unlawful storage, adjustment or use of the products;
– use of incompatible replacement parts or accessories (e.g. power supply); and/or
– failure to maintain and/or improper modification or repair of the products by the customer or a third party.

9. PAYMENT

The customer is obliged to pay the purchase price. All payments must be made in Swiss francs (CHF). Payment in euros (EUR) is only possible with the express prior written consent of BeverCare.

Customers can use the payment methods offered in the CAREISTA Shop under “Payment options”. BeverCare may adjust these unilaterally at any time. If BeverCare offers the customer the option “Payment on invoice” (also “TWINT Pay Later”), the invoice amount must be paid within 30 calendar days of receipt of the delivery without any (cash discount) deductions.

If you pay by credit card, TWINT or other instant payment methods, you will be charged after the ordered product has been dispatched.

Ordered products remain the property of BeverCare until full payment has been received. BeverCare is entitled to make a corresponding entry in the retention of title register.

Refunds to customers will only be made to the payment method or bank account originally used for the order.

10. FURTHER PROVISIONS

10.1 Data protection

The processing of personal data by BeverCare is governed by the Privacy Policy, which forms an integral part of these GTC.

10.2 Severability clause

Should a provision of these GTC be or become void or invalid, this shall not affect the remaining part of these GTC. Void or invalid provisions shall be replaced by valid provisions that come closest to their economic purpose. The same procedure shall apply if there is a gap in the contract or if a provision proves to be unenforceable.

10.3 Applicable law and place of jurisdiction

All legal relationships between BeverCare and the customer shall be governed exclusively by substantive Swiss law. The application of any international treaties such as the Vienna Sales Convention and the Swiss Federal Act on Private International Law (“IPRG”) is excluded.

The ordinary courts of the city of Zurich, Switzerland (Zurich 1) shall have exclusive jurisdiction for all disputes between BeverCare and the customer.

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