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Conditions

General Terms and Conditions

Welcome to www.secend.ch

Headquarters:

SECEND.CH
Urban Farmer GmbH
Militärstrasse 91
8004 Zurich
Switzerland

UID: CHE-434.305.149

Email: info@secend.ch

  1. GENERAL
    1. Acknowledgment of the general terms and conditions of sale (hereinafter: "GTC")
      1. By using the online services, you accept these terms and conditions, which you have read and understood and which apply to all services offered on the secend.ch domain
      2. In the event of non-compliance with the terms and conditions, you are obliged not to use the services.
    2. General information
      1. These terms and conditions represent the entire agreement between you and SECEND with regard to access to and use of the services. They replace and cancel all previous agreements, understandings and promises 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.
      2. The fact that SECEND does not exercise or enforce a right or a provision of the GTC does not constitute a waiver of this right or this provision.
      3. Should a provision of the terms and conditions, also by a higher court, be found to be invalid, the parties nevertheless agree that the intentions as expressed in the provision come, are implemented as far as possible and that the remaining provisions of the GTC remain in full force and effect. The titles of the articles in the terms and conditions are for the sake of clarity and have no legal or contractual effect.
      4. You are not entitled to assign or transfer your rights or obligations or to subcontract the fulfillment of your obligations under these terms and conditions. SECEND is entitled to assign or transfer rights or obligations from these terms and conditions to third parties at any time or to pass on the fulfillment of obligations from these terms and conditions to third parties without your consent being required (such consent is given by these provisions). < / li>
      5. You undertake not to violate any legal norms or to use the services for illegal purposes; not to infringe the intellectual property of SECEND or third parties; not to provide false, incomplete or inaccurate information; not to introduce viruses, Trojans, worms, time bombs or other programs that are designed to damage, adversely affect, intercept or disrupt systems, data or personal information.
    3. Modification of the terms and conditions
      1. SECEND reserves the right to modify or change these terms and conditions at any time at its own discretion. It is your responsibility to consult them regularly in order to be informed of any changes.
      2. By using the services, you acknowledge that the mere fact of posting revised terms and conditions on the website is sufficient to make any change or revision enforceable against you. If you continue to access and use the Services after making a change, it means that you accept those changes.
    4. USE OF THE ONLINE SERVICES
      1. In order to be able to use the services fully, you have to create a "customer account"
        1. By accessing and using the services that require registration, you affirm that you are a natural person who, according to the law of the country in which you are resident, is of legal age, is at least eighteen (18) years old and has civil rights. In the case of persons who are not yet of legal age or who are subject to adult protection measures, the consent (s) of the legal representative (s) is (are) required. If you represent a legal person such as a company or an association, you must have the authority within this organization to create a customer account in their 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 authorization is carried out.
        2. You are responsible for the quality and confidentiality of the username and password you selected when creating your customer account, as well as for all activities that are generated via your account and password.
        3. You are responsible for immediately notifying SECEND of any suspicious or fraudulent activity involving your registration information 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 is not liable for any loss or damage resulting from your failure to comply with the terms and conditions.
        4. You undertake to provide correct, accurate, up-to-date and complete information on your customer account when creating your customer account or whenever you use the services for which personal data is required Person to make. If you provide inaccurate, outdated or incomplete information, or if SECEND has a reasonable suspicion that you have provided this information, or if SECEND has reason to believe that you have otherwise violated a provision of the GTC, SECEND has the right to refuse current or future access and use of the services without the need for a justification.
        5. You are responsible for updating the personal information that you have provided in your customer account, including but not limited to changes to your address and email address.
        6. SECEND reserves the right, at its own discretion and without liability to you, to terminate your account, to restrict or terminate your access to the services in whole or in part, with or to deliver without prior notice and without any justification.
      2. Modification or termination of the services
        1. SECEND reserves the right to change the services in whole or in part or to temporarily or permanently discontinue them at any time with or without prior notice. You agree that SECEND will not be liable to you or any third party for any modification, suspension or termination of the Services. Any part of the content of the services can be out of date at any time and SECEND is not obliged to update this content.
      3. Copyright
        1. The name of SECEND, the site and its content, in particular the photos of the products, are protected in particular by copyright and trademark law
        2. Consequently, any reproduction, copying or external use of the contents of the website must be expressly approved in advance in writing by SECEND or another competent authority in the field of intellectual property . SECEND cannot be held responsible for any illegal or fraudulent use of the website's content.
      4. Use of personal data from the customer account
        1. You can find all information about the use of your data on the "Data protection" page.
      5. Cyber ​​security
        1. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you are solely responsible for any damage caused to it Your computer system or for the loss of data resulting from downloading such content.
  1. TERMS OF SALE
    1. Requirements for the order
      1. In order to be able to use the online ordering system, you must have created a customer account in accordance with the provisions in section 2.1.
    2. Price
      1. The prices stated on the website are net prices in Swiss francs, including VAT (including VAT), if applicable. Shipping costs, which are not included, are added to the prices quoted.
      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 carried out at the prices displayed before the change.
      3. The prices displayed on the website can be changed by SECEND at any time and without prior notice, without SECEND being held responsible for them. Any order placed and confirmed in advance must be carried out at the prices displayed before the change.
    3. Conclusion of an order, terms and conditions of payment
      1. Every order via the website is considered an offer to conclude a purchase contract between you and SECEND in accordance with these terms and conditions.
      2. All orders placed through the website must be paid for prior to delivery. Payment is only deemed to have been made when SECEND has received full payment of the amounts specified on each order via the website.
      3. Payment for your order is made by credit card, directly on the website or with "TWINT". SECEND cannot be held responsible for the proper functioning of the services offered.
      4. Via your customer account you will be asked to enter and verify your personal data, which are useful for the delivery, for example the delivery method. It is your responsibility to ensure that this information complies with clause 2.1.
      5. All orders are subjected to a logistical check of product and warehouse availability.If a product is not in stock, SECEND will inform you by email about the approximate delivery time, which SECEND gives for information purposes only
      6. The purchase contract only comes with 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 dispatch an order confirmation email with the details of your order by SECEND and is therefore effective.
    4. Delivery
      1. SECEND delivers to Switzerland.
      2. You are responsible for the delivery costs. They may vary based on the weight of the package, your shipping address, or other factors. The shipping costs are given at the time of validation of your order. For countries other than Switzerland, customs duties can also be added to the total amount of your order. These are beyond SECEND's control and cannot be shown to you in advance. They are to be carried by you.
      3. Parcels are sent via DPD and DHL within 1 to 3 working days, approximate time. In times of high business volume, such as Christmas and New Year's Eve, the specified deadlines can be extended.
      4. You acknowledge and agree that SECEND cannot be held liable for damage resulting from postage, including but not limited to theft , Loss, delay resulting from the shipment of the order.
      5. You agree that in the event that the delivery is for reasons for which SECEND is not responsible, such as wrong delivery address, missing recipient, missing access authorization , bad weather or traffic conditions or other dangers, is not possible or only possible under difficult conditions, SECEND cannot be made liable and no compensation can be claimed.
    5. Return of goods
      1. In the event of an error in the delivery of the order (wrong quantity, incorrect products, etc.), unwanted products can be returned as described in this article 2.5. The shipping costs associated with a return are at our expense. Should it ever happen that a product is not in perfect condition, please contact support@secend.ch.
      2. In order to make use of this right of return, it is your responsibility to contact support@secend.ch immediately within 5 working days of receiving your order and provide your order number, your provide personal data and the reasons for the return. We will inform you about the return procedure by email.
      3. After your return, SECEND will do its utmost to ensure the delivery of your order to correct the error. However, if you do not want this new delivery, SECEND offers you the opportunity to obtain a refund for your order.
      4. After receiving a returned product, SECEND will check it. If the return conditions have been met and complied with and you have chosen the option of a refund, SECEND will proceed within approx. 7 working days.
    6. Protection of minors & sale of alcohol
      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 in Switzerland. When ordering on www.secend .ch, the customer accepts these terms and conditions and confirms that he / she is old enough to make the purchase. SECEND declines all responsibility in the event of illegal activities.
    7. Discount vouchers
      1. SECEND can grant you discount vouchers at its own discretion.
      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 specified on the discount voucher, unless otherwise stated on the discount voucher is specified. They are valid until the date stated on the respective discount voucher.
      3. You are prohibited from collecting multiple discount vouchers for one order or using them retrospectively for products ordered via the website.
      4. Credit in the form of discount vouchers cannot be converted into cash and may not earn interest.
    8. Exclusion of guarantees
      1. The products sold on the website are described and presented by SECEND as precisely as possible. Should errors be found in these descriptions and representations despite all the precautions taken by SECEND, SECEND will do its best to correct them, but cannot be held responsible for your dissatisfaction. In particular, a misrepresentation or a misunderstanding of the content does not constitute a valid reason for a return.
      2. Subject to the applicable legal provisions, in particular those relating to public health in the case of food, SECEND excludes any guarantee on its part with regard to the products ordered via the website .
    9. Service after the purchase
      1. In the event of a problem or question, do not hesitate to contact us by email: info@secend.ch
  1. GENERAL PROVISIONS
    1. Exemption clause
      1. You access the services and use them at your own risk. The services and their content, including the descriptions and presentations of the products offered and sold on the website, are provided as they are and according to their availability. 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.
      2. SECEND makes no guarantee 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 can be obtained by using the Services are accurate or reliable; and (iv) any errors in content are corrected.
    2. Compensation
      1. You agree to release SECEND, its subsidiaries, partners and employees from all liability, loss, damage, claims, penalties, fines, costs and expenses, including, to indemnify and hold harmless, without limitation, reasonable legal fees that may arise in relation to: (i) your access to and use of the Services, including but not limited to content of any kind, orders for products through the website and your connection to the website; or (ii) your failure to comply with any provision of the T & Cs
    3. Limitation of liability
      1. You expressly acknowledge and agree that SECEND, its directors, employees, agents or other auxiliary persons will not be responsible for direct, indirect, incidental, special, consequential or damages Derived damages may be held liable, including, but not limited to, loss of profit, loss of goodwill, downtime, loss of pleasure, loss of data or other immaterial loss (even if SECEND has been advised of the possibility of such damage) resulting from: (i) access to and use of the Services or the inability to access and use them, (ii) ordering products through the Services, including through the Website, (iii) the cost of purchasing substitute goods and -Services arising from the goods, data, information or services received through the Services or the messages received or received Transactions result, including through or from the website, (iv) unauthorized access to or alteration of your data transmissions, (v) statements or conduct by third parties or other members on the website, (vi) the results of the services, any websites linked to them and any content distributed on it, or (vii) any other matter relating to the Services
    4. Exclusions and Limitations
      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 restrictions outlined in these Terms and Conditions may not apply to you.
      2. Nothing in these terms and conditions affects your statutory rights or excludes or limits liability that cannot be excluded or limited under applicable law.
    5. For and applicable law
      1. The terms and conditions and the relationship between you and SECEND are subject to material Swiss law with the exception of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods from 11. April 1980.
      2. The parties agree to seek an amicable solution for all claims, demands or disputes in connection with these terms and conditions, which the competent courts of the place where SECEND has its seat has to be submitted, subject to the referral to the Federal Supreme Court.
  1. CLOSING CLAUSES
    1. Version
      1. This version of the terms and conditions was updated on August 10, 2021.

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