Déniel Choux etc – General Terms and Conditions

These General Terms and Conditions of Business (hereinafter referred to as «GTC») apply to all services offered by Déniel Choux etc (hereinafter referred to as «Astrale»). By using the services of Astrale, you accept the following conditions without change and in full.

Overview

I. Object

• 1.1 General information
  Information on the use of personal data is provided in the data protection statement. The data protection statement is an integral and binding component of these GTC.
  

• 1.2 Producting
  

  • 1.2.1
    Astrale operates a Product selling organisation. Product buyers (hereinafter «Product Buyers») can purchase, via the website sales channels (Section 1.2.2) Products.

  • 1.2.2
    The object of these GTC is the use of services which Astrale provides to Product Buyers via the following sales channels: The websites such as Astrale.ch or, in the future, other, additional Sales Channels. Agreement to these GTC is given through the use of the corresponding services. When making use of individual services, the Product Buyer may be asked by Astrale to confirm his agreement to the GTC by clicking a corresponding confirmation box.
    

II. Product sales

• 2.1 Products

• • 2.1.1
    Astrale’s conditions which can be accessed via the Sales Channels apply to all prioducts. Astrale can change the range of products offered at any time or stop providing products.
    

  • 2.1.2
    When ordering Product, Astrale process to the Product creation, including shipping. When purchasing a Product, a contract is made solely between the Product Buyer and Astrale on the basis of these GTC and the terms and conditions.

• 2.2 Conclusion of Contract

• • 2.2.1 The Product Buyer’s purchase order
    The overview provided at the advance Sales Channels of the Product available is only considered to be an invitation to the Product Buyer to submit an offer. Product Buyers make their selection via the appropriate Sales Channel. The selection made is displayed in the shopping basket (Web Shop). By confirming the order, the Product Buyer is submitting his binding offer to purchase the selected Product. The Product Buyer is obliged to provide all the information necessary for the ordering process completely and correctly.
    

  • 2.2.2 Registration
    To place an order via the Web Shop (hereinafter «Online Order»), the Product Buyer must identify himself/herself in the Web Shop or in the Mobile Application with his/her user name or e-mail address and with his/her password (hereinafter «Access Data»; the respective user account hereinafter referred to as the «Online Account»).

    The Access Data provided to the Product Buyer are intended to be used personally by the Product Buyer and are confidential. All Online Orders placed via the Online Account will be charged to the Product Buyer as the Online Account holder and are binding for him.
    

  • 2.2.3 Order confirmation
    When ordering via the Web Shop, the Product Buyer will receive an order confirmation by e-mail after the order process has been completed. This expressly does not as yet represent acceptance of the offer by Astrale.
  • 2.2.4 Acceptance by Astrale
    The contract for the purchase of a Product between the Product Buyer and Astrale is only concluded when the Product are sent, made available or handed over to the Product Buyer. The Product are dispatched, made accessible, handed over or released only after the receipt of the buyer’s payment by Astrale, irrespective of the method of payment.
    

  • 2.2.5 Personalised Product
    Astrale is entitled to personalise Product. For this purpose, the personal details of the authorised Product holder can be printed on the Produc. If a buyer books Product for several people, he or she must ensure that the personal details of everyone attending are provided fully and accurately.
    

• 2.3 Delivery of the Product
  • 2.3.1
    The decision on the choice of shipping method rests with Astrale. The Product can be delivered or sent, in particular, to the postal address provided by the Product Buyer.
  • 2.3.2
    The Product Buyer is obliged to check the Product immediately on receipt. In the case of personalised Product, it is particularly important that the Product Buyer checks whether the printed personal details are correct. The Product Buyer must notify Astrale of any damage to the Product or deviations in the Product delivered by post or electronically from the Product ordered within 3 working days. If the Product Buyer fails to do this, the delivered Product are considered to have been approved (Art. 201 OR).
  • 2.3.3
    The benefit and risk pass to the Product Buyer at the time of dispatch from the registered offices of Astrale (Art. 74 Para. 2 Fig. 2 OR). The replacement of damaged or lost Product is excluded, subject to Fig. 2.3.2.3, 2.3.3.2 and 2.10.3.
    

• 2.4 No Onward Sale
  Any trade in purchased Product for commercial or industrial purposes is prohibited. Failure to comply can lead to claims for compensation and for return of the profit against the original Product Buyer and those who have bought the Product. Persons who do not comply with these provisions may be excluded from purchasing and returning Product. Astrale does not accept any liability for Product sold via other platforms. For Product that have not been validly purchased, Astrale does not accept any claims for reimbursement or liability in this respect.
  

• 2.5 Advertising and Competitions
  Without the express prior consent of Astrale, the Product Buyer is not permitted to use Product and/or packages in his/her advertising directed at the general public and/or for prize draws.
  

• 2.6 Prices
  

  • 2.6.1
    The prices for Product accessible via the Sales Channels or indicated or communicated there include VAT (if applicable).

  • 2.6.2
    The sales price displayed in the Web Shop includes the Product price, excluding any payment and shipping fees. The sales price at the sales offices includes the Product price excluding processing fees of the point of sale (POS). The fees for the Sales Channel in question relating to the relevant delivery method and/or payment method are shown in the shopping basket during the ordering process or notified to the Product Buyer.
    

• 2.7 Payment
  

  • 2.7.1 Purchase at sales offices
    If the Product is bought at an sales office, Astrale determines which payment methods are permitted.
    

  • 2.7.2 Online Order
    When ordering online, payment is made either by debiting the credit card specified during the ordering process or by debiting the credit card, PostFinance, TWINT or PayPal specified, or by advance payment only for Product Buyers who reside in Switzerland or the Principality of Liechtenstein. If payment is made in advance, payment must be made within five working days of the order date. The determining factor for compliance with the deadline is the date of the payment instruction. It is up to Astrale to decide what forms of payment are permitted and whether/if Product which are not paid for in time should be released again for sale.
    

• 2.8 Return, Reimbursement, Transfer and Exchange
  

  • 2.8.1 General
    Astrale is the contracting partner of the Product Buyer responsible for the provision of the Product. The decision on the possibility, conditions and processing of a return and refund or exchange of purchased Product is therefore made solely by Astrale. This sole decision-making authority of Astrale also exists in the event of force majeure (cf. Section IX below).
    

  • 2.8.2 Cancellation of a Product
    If a Product is cancelled without substitution, as a result of which no more Product Buyers can be admitted, the Product will be refunded by Astrale in accordance with Section 2.8.6. The cancellation of a Product is independent of the duration of the closure and the specific cause for the closure or the cancellation of the Product.
    

  • 2.8.3 Special conditions if a Product is postponed
    If Astrale decides to postpone a Product, the Product is valid for the postponed date, regardless of the reasons for the postponement. This also applies if the Product is postponed or rescheduled several times. It is up to Astrale to decide whether Product can be returned, reimbursed or exchanged. A postponement is deemed to be any change in the date, regardless of whether the Product is held on the new date with features and criteria that differ from the original Product.

  • 2.8.4 Processing of return and reimbursement

    • 2.8.4.1
      If Astrale agrees to a return and reimbursement of the Product and handling of this according to this Section 2.8.6, the Product will be returned and reimbursed and the process handled in accordance with the following provisions.

    • 2.8.4.2

      The Product Buyer must return the Product to Astrale no later than 30 days after the purchase date of this Product. Astrale will reimburse the Product price only if it is unused and in the same condition as the Product Buyer received it and in the original packaging. Only regular priced items can be refunded. Return shipping costs are the responsibility of the Product Buyer. Service, payment method and shipping fees paid by the Product Buyer, as well as any other handling fees and insurance fees for Product sales, are non-refundable.
      

    • 2.8.4.3

      If Astrale agrees to a return and refund of the Product and it has been postponed or cancelled due to force majeure (cf. Section IX below), the Product Buyer may be charged an expense allowance of CHF 5 or 10% of the gross Product price for the sale and refund of the Product.

      • 2.8.4.4

        The Product must be sent by the current Product holder to the address provided by Astrale. If payment is made by credit card, TWINT or SumUp, Astrale will credit the relevant amount to the card or account used for the Product purchase or to the bank or postal account specified by the Product holder within four weeks of receipt of the Product. If payment is made in advance, the amount will be credited to the bank or postal account specified by the Product holder. For this, Astrale requires the following information: bank/post office details (name, town), bank sort code, IBAN, account number and account holder (name, first name).

  • 2.9 Vouchers
    Product Buyers can also purchase vouchers through the Sales Channels. The vouchers are valid until 1 year after their purchase. The return or refund policy is the same as for Products.

III. Responsibilities of the Product Buyer and the User

• The Product Buyer and the User have the following responsibilities:

  • The Product Buyer and the User are responsible for the Internet connection required to use Astrale’s services.

  • The Product Buyer and the User are responsible for adhering to state-of-the-art security standards.

  • Login details and passwords must be kept secret. The Product Buyer and the User are responsible for any use of the login details and passwords and for all actions taken in connection with the use of the online account and the User Account. If an unauthorised third party nevertheless gains access, or could have gained access, to the login details, including passwords, for the online account and the User Account, the Product Buyer and the User must inform Astrale without delay.

  • The Product Buyer and the User may only use Astrale’s services to the extent permitted by law.

  • The Product Buyer and the User must refrain from doing anything that hinders, or has the potential to hinder, the operation of the web shops or websites.

 

IV. Astrale’s rights

• If the Product Buyer and/or the User breach(es) these GTC, then Astrale has the right to block the services in question and/or access to the online account and/or User Account temporarily or permanently.
  

V. Guarantee

• 5.1
  Astrale provides its services within the scope of its operating resources and the foreseeable requirements carefully and expertly, unless Astrale is prevented in doing so by circumstances for which it is not to blame.
  

• 5.2
  The Product Buyer and the User are aware that Astrale uses the Internet/communication networks to provide its services. In particular, because of technical faults, operating faults or faults or interruptions in communication networks and through the breakdown of IT infrastructures or other parts of the infrastructure used to provide the service, there may be temporary disruptions or interruptions in the provision of services by Astrale. As a result, Astrale accepts no liability for the uninterrupted availability of its services, their functionality or for them being error-free.
  

VI. Liability

• 6.1 Astrale’s liability
  

  • 6.1.1
    In the event that it breaches its own contractual obligations under these GTC, Astrale has unlimited liability vis-à-vis the Product Buyer and/or the User for direct and substantiated damage caused by Astrale as a result of the latter’s unlawful intent or gross negligence.
    

  • 6.1.2
    Liability for minor negligence and for indirect damages or consequential damages is expressly excluded. The term «consequential damage» includes, in particular, lost profit, reputational damage and data loss due to temporary restrictions or interruptions affecting the availability of Astrale’s services, as well as due to outages affecting distribution channels, transmission errors, to Product, that were not delivered on time, for incorrect price or service information. Any liability on the part of Astrale for content on websites of other third parties that refer to Astrale’s Web Shops and websites or to which Astrale’s Web Shops and websites refer is also excluded. To the extent permitted by law, any liability of Astrale for vicarious agents is excluded.
    

• 6.2 Liability of the Product Buyer
  

  • 6.2.1
    The Product Buyer is liable to Astrale without limitation for damages caused by unlawful intent or negligence. The Product Buyer indemnifies Astrale in full against all claims by third parties that may arise from a breach of duty by the Product Buyer or the breach of these GTC.
    

  • 6.2.2
    The Product Buyer is obliged to reimburse Astrale for any expenditure caused in connection with the unauthorised use or the misuse of the Product Buyer’s password.

• 6.3 User’s liability
  The User is liable to Astrale without limitation for damages caused by unlawful intent or negligence. The User will indemnify Astrale in full against all third-party claims that arise from the use of Astrale’s services or could arise from breaches of these GTC on the part of the User.
  

VII. Force majeure

• If the Product, due to a health crisis (e.g. epidemic or pandemic, without regard to the number of waves of spread that have already occurred) or similar force majeure (i.e. an external, unforeseeable Event that cannot be averted, or cannot be averted in time, even by exercising reasonably expected care and by technically and economically reasonable means, such as natural disasters, terrorist attacks, failure of telecommunications connections, strike, official or non-official measures, etc.), is cancelled or postponed by Astrale, the contract between the Product Buyer and Astrale remains valid. In this case, Astrale will decide on the further procedure in accordance with Section 2.8 above.
  

VIII. Intellectual Property

• The Web Shops, websites and all Astrale content that is available via the Web Shops or the websites (hereinafter «Content») is protected by copyright and, unless otherwise stated, belongs wholly and exclusively to Astrale. The web shops and the websites may display information on intellectual property rights and rights of use of third parties. This information must be adhered to by both the Product Buyer and the User. The reproduction (either in full or in part), dissemination, transmission (electronically or using other means), modification, linking or use of the Content for public or commercial purposes is prohibited without Astrale’s prior written consent.
  The Product Buyer and the User are, in any event, prohibited from using the web shops or the websites to develop other services and from altering, translating, reproducing or decompiling the source code or analysing its functions, unless this has to be permitted by law as a mandatory requirement.
  

IX. Final Provisions

• 9.1
  The place of fulfilment for the services provided by Astrale including the delivery of Product is the registered office of Astrale.
  

• 9.2
  The Product Buyer waives the right to offset claims against Astrale.
  

• 9.3
  Astrale reserves the right to amend these GTC at any time. Any changes will be made accessible on Astrale’s website and will come into force at the time of posting.
  

• 9.4
  If one or more provisions of these GTC are or become ineffective or unenforceable, either in full or in part, this will not affect the effectiveness or enforceability of the remaining provisions of these GTC, the purchase of the Product or the use of the contact tracing and/or other services. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible and that comes as close as possible to the commercial purpose of the provision to be replaced. The same applies correspondingly in the event that there is an omission in these GTC.
  

• 9.5
  Swiss law applies exclusively to these GTC and any disputes arising under, or in connection with, the relationship between Astrale and the Product Buyer, or between Astrale and the User, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
  

• 9.6
  The exclusive place of jurisdiction for any disputes between Astrale and the Product Buyer, or between Astrale and the User, is the registered office of Astrale. Astrale is, however, entitled to bring action in the place where the Astrale or the User is domiciled.
  

Urdorf, September 2021