Terms and Conditions

General terms and conditions of business

Welcome to www.secend.ch

Headquarters:

Secend GmbH
Meiliweg 24
8055 Zurich
Switzerland

UID: CHE-434.305.149

E-mail: info@secend.ch

1. GENERAL

1.1 Acceptance of the General Terms and Conditions of Sale (hereinafter: "GTC")

1.1.1 By using the online services, you acknowledge these Terms and Conditions, which you have read and understood and which apply to all services offered on the secend.ch domain

1.1.2 In case of any non-compliance with the Terms and Conditions, you are obliged not to use the Services.

1.2 General information

1.2.1 These Terms constitute the entire agreement between you and SECEND regarding access to and use of the Services. They supersede and cancel all prior agreements, understandings and commitments of any kind between you and SECEND, whether oral or written, regarding access to and use of the Services. You may be subject to additional terms of use that apply when you use affiliate services, third party content or third party software.

1.2.3 The failure of SECEND to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

1.2.4 If any provision of the Terms and Conditions is found to be invalid, including by a higher court, the parties nevertheless agree that the intentions expressed in the provision will be achieved as far as possible and that the other provisions of the Terms and Conditions will remain in full force and effect. The titles of the articles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

1.2.5 You are not entitled to assign or transfer your rights or obligations or to subcontract the performance of your obligations under these Terms. SECEND is entitled to assign or transfer any rights or obligations under these Terms or to subcontract the performance of any obligations under these Terms at any time without the need for your consent (such consent is granted by these Terms).

1.2.6 You agree not to violate any law or use the Services for any unlawful purpose; not to infringe the intellectual property rights of SECEND or any third party; not to provide any false, incomplete or inaccurate information; not to introduce any viruses, Trojans, worms, time bombs or other programs designed to damage, detrimentally affect, intercept or disrupt any system, data or personal information.

1.3 Modification of the Terms and Conditions

1.3.1 SECEND reserves the right to modify or change these Terms and Conditions at any time at its sole discretion. It is your responsibility to consult them regularly to be informed of any changes.

1.3.2 By using the Services, you acknowledge that the mere fact of the posting of revised Terms and Conditions on the Site is sufficient to make any modification or revision enforceable against you. Your continued access and use of the Services after any modification will mean that you accept those modifications.

2. USE OF ONLINE SERVICES

2.1 Customer account

2.1.1 To fully use the Services, you must create a “Customer Account”.

2.1.2 By accessing and using the services that require registration, you confirm that you are a natural person who is of legal age under the law of the country in which you reside, is at least eighteen (18) years old and has civil rights. For persons who are not yet of legal age or are subject to an adult protection measure, the consent(s) of the legal representative(s) is (are) required. If you represent a legal entity such as a company or association, you must have the authority within that organization to create a customer account in its name and to use the services. SECEND cannot be held responsible for any use of the services that does not comply with this provision and no control of consent or authority will be carried out.

2.1.3 You are responsible for the quality and confidentiality of your username and password chosen when creating your customer account and for all activities generated through your account and password.

2.1.4 You are responsible for immediately informing SECEND of any suspicious or fraudulent activity in relation to your registration data or your account or any other breach of security and ensuring that you close your customer account at the end of each session (logout). SECEND shall not be liable for any loss or damage arising from your failure to comply with the Terms and Conditions.

2.1.5 You agree to provide true, accurate, current and complete information about yourself when creating your customer account or any other use of the Services that requires personal information. If you provide inaccurate, outdated or incomplete information, or if SECEND has reasonable grounds to suspect that you have provided such information, or if SECEND has reason to believe that you have otherwise violated any provision of the Terms and Conditions, SECEND has the right to refuse current or future access to and use of the Services without giving any reason.

2.1.6 You are responsible for updating the personal information you have provided in your customer account, including but not limited to changes to your address and email address.

2.1.7 SECEND reserves the right, in its sole discretion and without liability to you, to terminate your Account, restrict or terminate your access to all or part of the Services, with or without prior notice and without having to provide any justification.

2.2 Modification or Termination of Services

2.2.1 SECEND reserves the right to modify or discontinue, temporarily or permanently, all or part of the Services at any time with or without notice. You agree that SECEND shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Any part of the content of the Services may be out of date at any time and SECEND is under no obligation to update such content.

2.3 Copyright

2.3.1 The name of SECEND, the website and its contents, in particular the photos of the products, are protected in particular by copyright and trademark law.

2.3.2 Consequently, any reproduction, copying or external use of the contents of the Website must be expressly and previously authorised in writing by SECEND or any other competent authority in the field of intellectual property.SECEND cannot be held responsible for any illegal or fraudulent use of the contents of the website.

2.3.3 Use of personal data from the customer account
All information about the use of your data can be found on the “Privacy Policy” page.

2.4 Cyber ​​security

2.4.1 Any Content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content.

3. TERMS OF SALE

3.1 Conditions for ordering

3.1.1 In order to use the online ordering system, you must have created a customer account in accordance with the provisions in Section 2.1.

3.2 Price

3.2.1 The prices indicated on the website are net prices in Swiss francs, including value added tax (incl. VAT) where applicable. The prices indicated do not include shipping costs.

3.2.2 SECEND reserves the right to immediately apply any change in the applicable VAT to the prices displayed on the website. Any order placed and confirmed in advance must be executed at the prices displayed before the change.

3.2.3 The prices displayed on the Website may be modified at any time and without notice by SECEND, without SECEND being held liable. Any order placed and confirmed in advance must be executed at the prices displayed before the modification.

3.3 Completion of an order, payment terms and conditions

3.3.1 Every order placed via the Website is deemed to be an offer to conclude a purchase contract between you and SECEND in accordance with these Terms and Conditions.

3.3.2 All orders placed through the Website must be paid for before delivery (except for purchase on account). Payment will only be deemed to have been made when SECEND has received full payment of the amounts indicated on each order placed through the Website.

3.3.3 Payment for your order is made by credit card directly on the website, with "TWINT", Paypal or by invoice. SECEND cannot be held responsible for the proper functioning of the services offered.

3.3.4 Purchase by invoice with partial payment option (POWERPAY) As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview. When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC. (powerpay.ch/en/agb).

POWERPAY reminder and collection fees:

For purchase on account, Secend works with Powerpay (MF Group).

In the event of default, Powerpay will send the customer three written reminders by post. The following fees are due with the reminder:

1. Reminder after [45 days] --> 18.00.-
2. Reminder after [75 days], --> 28.00.-
3. Reminder after [105 days], --> 38.00.-
4. Final reminder after [135 days] --> 50.00.-

In addition to the reminder fees, additional default interest of 14.9% (annual interest rate) will be charged from the due date of the claim.

If the outstanding amount is not paid even after the last reminder, the claim will be enforced. Powerpay will hand the claim over to the company Infoscore AG for enforcement.

3.3.5 Through your customer account, you will be asked to enter and verify your personal details that are useful for delivery, for example the delivery method. It is your responsibility to ensure that these details comply with clause 2.1.

3.3.6 All orders are subject to a logistical check of product and stock availability. In the event that a product is out of stock, SECEND will inform you by email of the approximate delivery time, which is provided by SECEND for information purposes only.

3.3.7 The purchase contract is only concluded upon your confirmation of acceptance of the Terms and Conditions, verification of your personal data, receipt of your payment by SECEND, verification and confirmation of your payment and sending of an order confirmation email with the details of your order by SECEND  and is therefore effective.

3.4 Delivery

3.4.1 SECEND delivers to Switzerland.

3.4.2 Delivery costs are at your expense. They may vary depending on the weight of the package, your delivery address or other factors. Shipping costs are indicated at the time of validation of your order. For countries other than Switzerland, customs fees may also be added to the total amount of your order. These are beyond SECEND's control and cannot be indicated to you in advance. They are your responsibility.

3.4.3 Packages are sent by  Post within 1 to  Shipped within 4 working days, approximate time. During periods of high volume of business, such as Christmas and New Year, the stated deadlines may be extended.

3.4.4 You acknowledge and agree that SECEND shall not be liable for any damages arising out of postal delivery, including but not limited to theft, loss, delay resulting from the shipment of the order.

3.4.5 You agree that if delivery is not possible or only possible under difficult conditions for reasons for which SECEND is not responsible, such as incorrect delivery address, missing recipient, lack of access authorization, bad weather or traffic conditions or other hazards, SECEND cannot be held liable and no compensation can be demanded.

3.5 Return of goods

3.5.1 In the event of an error in the delivery of the order (wrong quantity, not the right products, etc.), unwanted products can be returned. The shipping costs associated with a return are at our expense. If it should happen that a product is not in perfect condition, please contact us at support@secend.ch.

3.5.2 Customers have the right to return the goods within 14 days after delivery of the goods. The right of return is exercised by returning the goods, no justification is required. The return must be sent to SECEND be sent.

3.5.3 The exercise of the right of return leads to the conversion of the purchase contract into a rescission relationship, according to which the services received under the purchase contract must be refunded.The costs for the return are borne by the consumer. After receipt of the goods, any purchase price already paid will be refunded to the customer immediately.

3.5.4 We reserve the right to deduct the purchase price to be refunded or to issue an invoice for possible damage, excessive wear and tear of the goods or, if agreed, shipping costs for the goods.

3.5.6 To exercise this right of return, it is your responsibility to immediately notify us within 14 days of receipt of the order. support@secend.ch zu and provide your order number and personal information. We will inform you via email about the return procedure.

3.6 Protection of minors & sale of alcohol

3.6.1 The sale of alcoholic beverages to young people under 16 years of age and the sale of spirits to minors under 18 years of age is strictly prohibited by law in Switzerland. By ordering on www.secend.ch the customer accepts these conditions and confirms that he/she is old enough to make the purchase. SECEND declines all responsibility in case of illegal activities.

3.7 Discount vouchers

3.7.1 SECEND may, at its sole discretion, grant you discount vouchers.

3.7.2 Discount vouchers can be used on the website for an order provided that the amount of the order is equal to or greater than the minimum amount indicated on the discount voucher, unless otherwise stated on the discount voucher. They are valid until the date indicated on the respective discount voucher.

3.7.3 You are prohibited from accumulating multiple discount vouchers for one order or using them retroactively for products ordered through the Website.

3.7.4 Credits in the form of discount vouchers cannot be converted into cash and may not bear interest.

3.8 Exclusion of warranties

3.8.1 The products sold on the website are described and represented by SECEND as accurately as possible. If, despite all precautions taken by SECEND, errors are found in these descriptions and representations, SECEND will do its best to correct them but cannot be held responsible for your dissatisfaction. In particular, misrepresentation or misunderstanding of the content does not constitute a valid reason for return.

3.8.2 Subject to the applicable legal provisions, in particular those relating to public health in relation to food, SECEND excludes any guarantee on its part with regard to the products ordered through the Website.

3.9 Service after purchase

3.9.1 In case of any problem or question, please do not hesitate to contact us by email: info@secend.ch

4. GENERAL PROVISIONS

4.1 Exemption clause

4.1.1 You access and use the Services at your own risk. The Services and their content, including the descriptions and presentations of the products offered and sold on the Site, are provided as is and as available. SECEND expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including but not limited to any implied warranty of fitness for a particular purpose, quality or availability of the Services.

4.1.2 SECEND makes no warranty or representation that (i) the Services and their content will meet your needs, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) any errors in the content will be corrected.

4.2 Compensation

4.2.1 You agree to indemnify and hold SECEND, its subsidiaries, partners and employees harmless from any and all liability, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable attorneys' fees, that may arise in relation to: (i) your access to and use of the Services, including but not limited to any Content of any kind, orders of products through the Site and your connection to the Site; or (ii) your failure to comply with any provision of the Terms and Conditions

4.3 Limitation of Liability

4.3.1 You expressly acknowledge and agree that SECEND, its directors, employees, agents or other vicarious agents shall not be liable for any direct, indirect, incidental, special, consequential or derivative damages, including but not limited to damages for loss of profits, loss of goodwill, loss of use, loss of enjoyment, loss of data or other intangible losses (even if SECEND has been advised of the possibility of such damages), arising out of: (i) access to and use of or inability to access and use the Services, (ii) ordering products through the Services, including through the Website, (iii) the cost of purchasing substitute goods and services resulting from goods, data, information or services obtained through the Services or messages received or transactions entered into, including through or from the Website, (iv) unauthorized access to or alteration of your data transmissions, (v) statements or conduct of third parties or other members on the Website, (vi) the results of the Services, any websites linked to them and any content distributed thereon, or (vii) any other matter related to the Services.

4.4 Exclusions and limitations

4.4.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the limitations set out in these Terms may not apply to you.

4.4.2 Nothing in these Terms and Conditions affects your statutory rights or excludes or limits any liability that cannot be excluded or limited under applicable law.

4.5 Applicable law

4.5.1 The Terms and Conditions and the relationship between you and SECEND are governed by Swiss substantive law, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.

4.5.2 The parties agree to seek an amicable solution to any claim, demand or dispute relating to these Terms and Conditions, which must be submitted to the competent courts of the place where SECEND is established, subject to recourse to the Federal Court.

5. FINAL CLAUSES

5.1 version

This version of the Terms and Conditions was  Updated January 24, 2023.