Terms & Conditions
Preamble
Please read these General Sales Conditions (hereinafter known as “Conditions”) before creating an account with us.
These Conditions apply with regard to the use of our website, the creation of accounts and orders sent to MA Switzerland Retail Sagl. You are expected to read and accept these Conditions before you are permitted to use the website. Any use of an account on this website by a person under 18 is strictly forbidden and prohibited by these Conditions.
MA Switzerland Retail Sagl reserves the right to limit, change, suspend or replace the website and these Conditions at any time. While we strive to ensure that you are aware of it when these Conditions are updated, we recommend that you re-read them regularly anyway, in order to remain informed of all modifications, limitations, changes or replacements. Your continued use of the website signifies that you accept these modifications, limitations, changes, suspensions or replacements.
1. Scope of application
1.1.
The goods that we offer in our online store are exclusively for consumers aged 18 and over, who habitually reside in Switzerland and have a delivery address in the country (hereinafter: “Clients”).
Consumption and possession of the products sold on this site outside of Switzerland will lead to prosecution.
1.2.
The operator of the online store, accessible via www.matruecannabis.com (hereinafter known as “online store”), and your contractual partner, is the company: MA Switzerland Retail Sagl, PO Box 53, 6853 Ligornetto, CHE-247.174.625, reverse charge number 3893.
1.3.
These Conditions apply to all contracts concluded between you as a client and us as an online store operator (hereinafter known as “Seller”). As part of ordering operations, you acknowledge the Conditions in the version they are in at the time of the placing of your order. For the sake of retaining definitiveness, all oral or telephone agreements must be confirmed in writing. This written form requirement shall also be acknowledged as satisfied when a declaration is stated in an e-mail.
2. Conclusion of the contract
2.1.
An offer for the conclusion of a contract of sale is originates with the client, when they – after having filled in the order page in full – click on the button “Buy”. The client remains bound to their order for a period of one week. The contract shall be mandatory if we accept the order during said period, in accordance with 2.3.
2.2.
After they have sent their order, the client will receive an automated e-mail in which we confirm receipt of the order (order receipt confirmation). This order receipt confirmation has the sole purpose of informing that we have received the order.
2.3.
A valid contract is not actually formed until we declare acceptance of it. We declare acceptance of the contract when we send an invoice to the client, confirm the order (order acceptance confirmation), confirm in an e-mail that the goods have left our warehouse (shipping confirmation), or at the latest, by the delivery of the goods.
2.4.
A contract can be formed only for articles which are expressly stated in our invoice or on the order acceptance confirmation or the shipping confirmation. Ultimately, this signifies the full extent of the service.
3. Price and shipping costs
3.1.
All prices are prices net of VAT in Swiss francs (CHF). We reserve the right to modify prices, conditions and vintages indicated on our website, the reference date being the day of the order.
3.2.
The shipping costs are invoiced in addition to the net selling prices.
4. Payment and retention of title
4.1.
Payment of the sales price may be made either by credit card (VISA or Mastercard), Debitcard, Postcard or per invoice (using the Swissbilling SA service), according to what is scheduled and available on the website.
When paying by a credit or debit card, the transmitted data shall be encrypted.
When paying per invoice, it will be sent to you by Swissbilling, separately from the package, by e-mail, or by post as chosen by you. The services of Swissbilling incur additional billing fees. The maximum amount for a first purchase with Swissbilling is CHF 300.00. The payment deadline is 30 days from receipt of the invoice. For security reasons, the invoice address and the delivery address must be indicated. Prior to accepting your order, Swissbilling SA reserves the right to check your creditworthiness with the CRIF AG database in Zürich (Tel.: 0848 333 222, www.crif.ch).
4.2.
Except in the case of per invoice payments, orders are payable immediately.
4.3.
As a client, you are entitled to compensation or retention rights only insofar as your claim has been judicially noted by a decision that has become res judicata or is incontestable. It will not be derogated by this disposition to your rights in the event of any defects with the delivered goods.
4.4.
Our online store mainly targets the needs of a private clientele. For this reason, it is impossible for us to draft invoices, receipts or VAT statements for your online orders at a later time.
5. Delivery and transfer of risk
5.1.
The Seller shall limit deliveries to within the territory of Switzerland. Deliveries shall be made directly to the delivery address and the contact person notified by the buyer.
5.2.
Delivery will take place on the condition that we ourselves have been supplied in good time and in due form by our suppliers. In the event of force majeure incidents, such as strikes or other social movements, riots, war or natural catastrophes, or if deliveries from the manufacturer or an upstream supplier are halted, no delivery delay shall be acknowledged as such. The Seller assumes no responsibility for delivery delays attributable to manufacturers or third parties.
5.3.
If not all the ordered goods are available in stock, we will be entitled to make partial deliveries. If, following the conclusion of the contract, it should turn out that some goods cannot be delivered (in whole or in part) for reasons not attributable to the Seller, the client will be entitled to divest himself of the contract.
5.4.
Our service consists of a shipment obligation; it will be accomplished when the consignment is handed over to the person in charge of transportation. After the shipping, risk of accidental degradation and loss with the goods shall be transferred to the client. We are not required to assume any liability for the company that provides the transportation.
6. Responsibility for defects
6.1.
Our responsibility for defects is limited to the following aspects: incomplete delivery, or manufacturing or packaging defects. All responsibility concerning the intrinsic qualities of the Cannabis flowers or plants or medicinal herbs contained in our Products, is declined. Also not covered by the guarantee is normal wear and tear or consequences resulting from inappropriate handling or deterioration on the part of the buyer or third parties, as well as defects attributable to external circumstances.
6.2.
To the extent that the normal course of affairs allows it, you are expected to check delivered products and to inform our customer service team of noted defects without delay. If you do not do this, the products will be considered accepted. Acceptance will under any circumstances be acknowledged if the client has not sent a complaint by e-mail to the customer service team within a period of 3 days after delivery.
6.3.
A defective product must be sent back accompanied by a copy of the invoice and a detailed description of the defect(s). The return address must be referred to the buyer by e-mail upon receipt of their complaint in writing. Any transport costs incurred are to be paid by the client.
6.4.
We provide a guarantee service, with the delivery of defect-free goods (replacement supply). Replaced products will become the property of the Seller. The client will not be entitled to any price reduction or credit.
6.5.
These provisions shall not apply in the case of minor defects. The client will not receive any guarantees (in the legal sense) from the supplier. This exemption of responsibility also encompasses all complaints in competition with warranty rights, whether these are rights under the contract (article 97 sqq. CO), or ones recognised in connection with an illegal act (article 41 sqq. CO), or ones recognised with challenging the contract on error grounds (article 23 sqq. CO), etc.
6.6.
The Seller accepts no responsibility vis-à-vis descriptions written by third parties (clients in particular) included in the online store, or vis-à-vis clients’ comments that are published on social networks.
7. Responsibility
7.1.
All cases of contractual violations and their legal consequences, as well as all the rights of the client (whatever title they may claim), are definitively regulated in these General Sales Conditions. All other rights of the client – regardless of their legal title – will be invalid to the extent that the law allows it. Neither the Seller nor their agents or potential auxiliaries accept any responsibility for damages that have not occurred with the goods themselves, in particular: consecutive damages, lost profits or any other material damage suffered by the buyer.
8. Products on sale
8.1.
All products on sale in our online store are authorised for sale in Switzerland, in accordance with applicable legislation.
8.2.
The Seller may sell grown / manufactured products only in Switzerland.
8.3.
Persons aged under 18 are legally forbidden to purchase tobacco substitutes.
By making an order, the buyer confirms that they are at least 18 years of age – this is also a measure for confirming that the buyer resides in Switzerland and not abroad. Each client must indicate their date of birth as proof of their age.
8.4.
We encourage our clients to do their own research into Cannabis-based products and their effects. If you have any health concerns, we recommend that you consult your doctor prior to consuming our products.
8.5.
We advise against driving a vehicle after consumption of products sold on these premises – consumption of these products is capable of altering driving ability.
9. Account
9.1.
It is necessary to open an account before ordering products from this website.
9.2.
To complete the account opening procedure, you must be able to supply your surname, first name, address, e-mail address, telephone number and date of birth. You should ensure that you provide complete and correct information. In the event of any changes, you must update the data in your account.
9.3.
You are responsible for all activity related to your account; as such you must not share your username or password with third parties.
9.4.
By creating your account, you confirm that you accept these Conditions and commit to observing them.
9.5.
Our company reserves the right to restrict access to or suspend, deactivate, terminate and/or delete your account without having to provide a reason.
9.6.
By creating your account, you agree to receive electronic communication from our company at the address that you have supplied.
10. Data protection
10.1.
The client hereby agrees to the saving of their personal data that they have provided in relation to their use of our website. This agreement also applies to the saving of IP addresses that are transmitted during each use of the website. In addition, the client consents to the use of their personal data in connection with personalisation of advertisements and product offers made available online via the website. For more information, we invite clients to view the data protection statement and the cookies policy.
10.2.
By accepting these conditions, the client confirms that the information supplied is correct.
11. Backup clause and modification reservations
11.1.
In the event that individual provisions of these General Sales Conditions should be obsolete or incomplete, or their execution should become impossible, this shall not affect the validity of the other provisions. The contractual partners undertake to replace a void provision with a valid and admissible one which, in terms of content, parallels the original intent of the void one, and the economic objective pursued thereby, as closely as possible.
12. Applicable law / domicile of competent legislation
12.1.
Only Swiss law shall apply, excluding the legal regulations relating to conflict of laws of the Vienna Convention and the PILA. The domicile of competent legislation is the regular courts at the head office of the Seller.
13. Contact
Customer service: customersupport@matruecannabis.com