Terms of Sale
Welcome on https://www.7-bio.ch/en/, a website (the Website) of commercialization of organic, natural and ecological products in Switzerland, without limitation of food products, provided by Aixerion Sàrl (CHE-486.574.739), rue de Genève 135, 1226 Thônex (Aixerion) (the management and exploitation of the Website, as well as the aforementioned commercialization are collectively the Services).
- Acceptation of the terms of sale
1.1 Any access or use of the Services are subject to these terms of sale (the ToS) that you acknowledge to have read, understood and agreed.
1.2 Aixerion reserves its right, at its sole discretion, to amend these ToS at any time. You shall consult them regularly at https://www.7-bio.ch/en/terms-conditions/ to keep updated with any such amendment.
1.3 By using the Services, you acknowledge that the mere fact of publishing revised ToS on the Website is sufficient to make any modification or revision enforceable against you. Aixerion will inform you by any appropriate means, including by email, and/or through your user account, and/or the Services. Your continued access and use of the Services after a change means that you accept such modifications.
- Content
2.1 The content of the Services, in particular the Website and product photos, is provided to you “as is” and may not be used, reproduced, distributed, transmitted, broadcasted, represented graphically, sold, assigned or otherwise exploited for any purpose other than their consultation and use. Aixerion authorizes you to access and use the Services, for these sole and exclusive aforementioned purposes, in accordance with these ToS on a limited, revocable and non-exclusive basis.
2.2 You shall not infringe any applicable legal rules or use the Services for any unlawful purpose; infringe the intellectual property of Aixerion or any third parties; include any false, incomplete or inaccurate information; insert/upload any virus, Trojan horse, worm, time bomb or other program designed to damage, adversely affect, intercept or interfere with any system, data or personal information.
- User Content
3.1 Aixerion allows you to transmit to, publish on or link from the Website, make reviews in the form of text, photos, pictures, videos, sounds etc. (User Content), on the products tested and/or ordered.
3.2 You grant to Aixerion a worldwide, free of charge, perpetual, irrevocable and transferable license, with right of sub-license, to use your User Content in connection with the Services, and any related intellectual property rights thereto, in accordance with the privacy policy available at https://www.7-bio.ch/en/privacy-policy/.
3.3 You remain solely responsible for your User Content. Articles 2.2, and 10 to 15 also apply to your User Content.
- Pre-requisite order conditions
4.1 In order to access and use the Services, you warrant that you are a natural person of legal age under the law of your country of residence, that you are at least eighteen (18) years old and that you have full legal capacity. For underaged persons or subject to an adult protection measure, the consent(s) of the legal representative(s) is (are) required.
4.2 You agree to provide accurate, precise, current and complete information about yourself at the time of validation of an order or of another Service, as requested by filling in the required form. If you provide information that is inaccurate, imprecise, not current or incomplete, or if Aixerion has reasonable grounds to think that you have provided it, or if it has reason to believe that you have otherwise failed to comply with any provision of these ToS, Aixerion shall have the right to refuse any current or future access and use of the Services (or any part thereof), without having to justify its decision.
- Price
5.1 The prices indicated on the Website are in Swiss francs and include VAT, if applicable. The indicated prices do not include the delivery costs, which will be added to the final price at the check-out.
5.2 Aixerion reserves its right to immediately reflect any change in the applicable VAT rate on the prices displayed on the Website.
5.3 The prices displayed on the Website may be subject to change at any time without notice from Aixerion, without any liability. However, these price changes will not affect orders already placed and confirmed.
- Conclusion of an order, terms and conditions of payment
6.1 Any order via the Website is deemed an offer to conclude a sale contract between you and Aixerion in accordance with these ToS.
6.2 The products sold on the Website are described and presented as accurately as possible by Aixerion, in particular according to the information and description provided by the suppliers and/or producers of the products concerned, without prejudice to Article 12 below. If, despite all Aixerion’s cautions, errors are found in these descriptions and presentations, Aixerion will make its best efforts to correct them.
6.3 Any order placed on the Website must be paid before delivery. Payment will only be deemed to have been made when Aixerion has received payment in full of the sums indicated on each order via the Website. Once the payment has been verified and confirmed by Aixerion, you will receive a confirmation email containing the details of your order.
6.4 You can pay via Stripe’s payment methods, a service of Stripe Inc. available at http://stripe.com/ch.
6.5 All orders are subject to a logistical check of product and stock availability. If a product is not available in stock, Aixerion will inform you by email of the partial or complete cancellation of the order and you will be refunded the amounts paid as soon as possible.
6.6. The sale contract is only concluded and effective after Aixerion has received your payment and sent you a confirmation e-mail.
- Delivery
7.1 Aixerion delivers only to Switzerland.
7.2 Delivery costs are indicated separately for each order.
7.3 Once shipped, the product(s) of your order is (are) confirmed to you by an email from Aixerion.
7.4 You understand and agree that Aixerion cannot be held responsible for any damage resulting from the delivery such as theft, loss, delay or other problem resulting from the shipment of the order.
7.5 The available ordered products are sent by post or through our partner carriers.
- Complaints
8.1 Once your order has been delivered, it is your responsibility to check without delay the quality of the products ordered and delivered, and to report any defects to Aixerion’s customer service via the contact form available at https://www.7-bio.ch/en/contact, within 3 working days after delivery. Otherwise, the products are deemed to be free of defects and accepted. Hidden defects must be reported immediately after discovery to the abovementioned Aixerion’s customer service department.
8.2 In the event of a complaint, Aixerion may, at its sole discretion and on a case-by-case basis, replace a defective product with another product of the same quality, or cancel your order and refund you. Aixerion will use its best efforts to respond to any request and/or complaint.
- Intellectual property
The name and logo “”, as well as the Website and its content, including product pictures, are protected by copyright and trademark law.
- Modification of Services
Aixerion reserves its right, at any time, to modify or discontinue the Services, including the Website (or any part thereof), temporarily or permanently, with or without notice. You agree that Aixerion shall not be held liable to you or any third party for any modification, suspension or termination of the Services. Any part of the content of the Services may be obsolete at any time and Aixerion is under no obligation to update such content.
- Termination
11.1 Aixerion may, at its sole discretion and without liability to you, with or without reason, with or without notice, at any time terminate your access to all or part of the Services.
11.2 You agree that Aixerion may, at its sole discretion, cancel your use of the Services for any reason whatsoever, including without limitation for lack of use or if it believes that you have infringed any provision of these ToS. Aixerion may also, at its sole discretion and at any time, discontinue providing the Services or any part thereof, with or without notice. In addition, you agree that Aixerion shall not be held liable to you or any third party for any termination of your access to the Services or termination of the provision of the Services.
- Exemption clause
12.1 You access and use the Services at your sole risk. The Services and their content, including descriptions and presentations of the products offered and sold on the Website, are provided “as is“, according to the information and descriptions provided by the suppliers and/or producers of the concerned products, and according to their availability.
12.2 Aixerion expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including without limitation, any implied warranty of fitness for a particular purpose, quality or availability of the Services. Aixerion 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 can be obtained from using the Services will be accurate or reliable; and (iv) any content errors will be corrected.
12.3 Any content downloaded or otherwise obtained through the use of the Services is at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from downloading such content.
- Indemnification
You agree to indemnify and hold Aixerion, its subsidiaries, partners and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation, reasonable attorney’s fees, that may arise with respect to: (i) your access and use of the Services, including without limitation, any content whatsoever, any order of products via the Website and your connection to the Website; (ii) the transmission, publication and/or linking of your User Content to/on/from the Website, or (iii) your breach of any provision of these ToS.
- Liability limitation
You expressly acknowledge and agree that Aixerion shall not be held liable for any direct, indirect, incidental, special, consequential or punitive damages, including, without limitation, damages for loss of profit, loss of goodwill, loss of use, loss of data or other intangible losses (even if Aixerion has been advised of the possibility of such damages) resulting from: (i) accessing and using of the Services or inability to access and use them; (ii) ordering products through the Services, including through the Website; (iii) the cost of purchasing replacement goods and services resulting from any goods, data, information or services obtained, or messages received, or transactions entered into through or from the Services, notably the Website; (iv) unauthorized access or alteration of your data transmissions; (v) transmission, publication and/or linking to/on/from the Website of your User Content; (vi) statements or behavior of any third party or other member on the Website; (vii) the results of the Services, any Websites linked to them, and any content whatsoever disseminated thereon; or (viii) any other matter relating to the Services.
- Exclusions and limitations
15.1 Some jurisdictions do not allow the exclusion of certain warranties, or the limitation, or the exclusion of liability for incidental or consequential damages. As a result, some of the limitations mentioned in these ToS may not apply to you.
15.2 Nothing in the ToS affects your statutory rights or excludes or restricts any liability, which cannot be excluded or limited under applicable law.
- General information
16.1 These ToS constitute the entire agreement between you and Aixerion with respect to your access and use of the Services; they replace and supersede all prior agreements, understandings and undertakings of any kind between you and Aixerion, whether oral or written, with respect to the access and use of the Services. You may be subject to additional terms of use that may apply when you use the services of related companies, third-party content, or third-party software.
16.2 The failure of Aixerion to exercise or enforce any right or provision of these ToS shall not constitute a waiver of such right or provision.
16.3 If any provision of the ToS is found to be invalid, the parties nevertheless agree that their intentions, as reflected in the provision, shall be carried out to the fullest extent possible and that the remaining provisions of the ToS shall remain in full force and effect. The titles of the articles of the ToS are for convenience of reference only and shall have no legal or contractual effect.
16.4 You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these ToS. Aixerion may assign or transfer any right or obligation or subcontract the performance of any of its obligations under these ToS to any third party at any time, without your consent (such consent is deemed being given hereunder).
- Governing law and jurisdiction
17.1 These ToS and the contractual relationship between you and Aixerion shall be governed by Swiss substantive law, with the exception of its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
17.2 The parties agree to seek an amicable solution for any claim, claim or dispute related to these ToS, which shall be finally submitted to the competent courts of the place where Aixerion’s headquarters are located, subject to an appeal to the Federal Tribunal.
- Contact
You can contact us at https://www.7-bio.ch/en/contact/, for any suggestion or comment.