General Conditions (CC)

1. PHARMAGENIES GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

These General Terms and Conditions (GTC) regulate the rights and obligations in force of B&K Associates GmbH, as the company operating the online parapharmacy model "Pharmagenies", and its customers in connection with the purchase of goods and services from Pharmagenies. The GTC apply to all purchases made by customers via Pharmagenies' online shop "online shop".

The version in force at the time of ordering applies. The current version can be viewed at www.pharmagenies.com. Amavita reserves the right to amend the GTC at any time. Deviations from these GTC require the written consent of Pharmagenies.

2. General aspects

B&K Associates GmbH supplies in Switzerland goods for free sale.

The following product categories are distinguished for the purchase and supply of goods in the Pharmagenies online shop:

• Health and beauty products that are not considered to be therapeutic agents within the meaning of the Federal Law on Medicinal Products and Medical Devices, medicines in dispensing category E, as well as medical devices without a prescription (hereinafter referred to as "free sale").

These GTC generally cover both product categories. If certain provisions only apply to one category, this shall be expressly specified below.

3. Information about the products in the online shop and their use

B&K Associates GmbH strives to provide correct descriptions of the products, however, it is possible that these may differ from the manufacturer's description. B&K Associates GmbH assumes no responsibility for the correctness, topicality and completeness of the product descriptions and images.

The products and services offered by Pharmagenies are intended exclusively for private use. B&K Associates GmbH may set quantity limitations for individual goods in the online shop.

4. Ordering and contracting

4.1. General

The products and prices displayed in the Pharmagenies online shop are intended as a non-binding offer from B&K Associates GmbH to customers. Registration is reserved exclusively for persons of sound mind over 18 years of age domiciled in Switzerland. By placing an order or uploading a prescription and accepting these GTC, the customer makes a binding offer to conclude the purchase. The contract is concluded upon receipt of the order confirmation by e-mail. The customer warrants to Pharmagenies that the data provided when ordering in the online shop are correct.

Each contract is subject to the condition precedent that the goods requested are available. If the quantity of goods specified in the order confirmation is less than that originally ordered by the customer, the contract shall be deemed to have been concluded for that lesser quantity.

5. Conditions

5.1 Prices

All prices are in different currencies of customer’s choice and include value added tax, but exclude shipping costs, which may be invoiced separately. All charges are shown at the time of checkout. Errors, technical changes and printing errors are reserved. Pharmagenies has the right to change prices at any time, without prior notice. The prices published on www.pharmagenies.com apply.

5.2 Benefits

The products in the online shop on which discounts apply bear a special mark. In principle, a maximum of one discount can only be obtained on the purchase price of these products. Discounts include, in particular, promotional prices, promotions, discount vouchers and promotional codes (only usable in the online shop).

5.3 Vouchers and gift cards

Only vouchers with a specific online code are accepted in the online shop. The use of a facility or voucher may be tied to a minimum purchase value and cash redemption is excluded.

5.4 Delivery costs

When ordering goods via the online shop, shipping costs are incurred. The exact amount of these costs is indicated during the purchase process. For goods of a certain value or more per order, which is always indicated at the time of purchase (including VAT but excluding shipping costs), Pharmagenies assumes the corresponding shipping costs. Pharmagenies has the right to change the shipping costs at any time.

No shipping costs are charged for the product category "sending a prescription"

6. Payment conditions for orders in the online shop

When making a purchase, the customer can choose between the various payment options offered by the online shop. If payment is made by credit or debit card, the data is transmitted in encrypted form. For each order, we reserve the right not to offer certain payment methods. B&K Associates GmbH may use the customer's data to verify his or her creditworthiness when choosing payment methods.

7. Delivery when ordering in the online shop

As a rule, the goods are dispatched on weekdays within a period of one to five working days after receipt of the order. If the order contains goods that are not in stock and therefore cannot be dispatched within five working days (so-called made-to-order articles), delivery is in stages, of which the customer is informed. In this case, however, there are no additional shipping costs for the customer. The delivery period for articles on order is normally between two and four weeks.

If the customer has indicated a delivery address other than his own in the order process, he assumes responsibility for shipment to this address.

The Customer acknowledges that the ordered products are delivered by Swiss Post; delivery is therefore not guaranteed. If the customer has made a separate agreement with Swiss Post, delivery is made to the address agreed with Swiss Post.

If the first delivery attempt fails, a second delivery is made free of charge. After two unsuccessful delivery attempts, the ordered products are returned to the sending pharmacy, where the customer can collect them.

8. Change of goods, transport damage and warranty

8.1 Change of goods, transport damage

As a rule, it is not permitted to exchange made-to-order items, hygiene products, foodstuffs, , products marked with labels, goods removed from the original packaging or open packages.

Pharmagenies delivers goods which are in perfect condition and may not be returned or exchanged. An exception is made only for goods which are supplied incorrectly or which show defects when the customer receives them. In such cases, provided that the customer service has been notified of the defects in advance, the goods must be returned to Pharmagenies in their original packaging; if possible, the customer will receive a replacement delivery, otherwise a refund. Retrospective changes to already confirmed orders are excluded. Any defects must be notified in writing within 2 days of receipt of the products; otherwise the products are considered accepted as being free of defects.

If the goods are damaged during transport or if they do not arrive at the place of delivery despite having been duly dispatched, the customer must contact the logistics company directly.

8.2 Warranty, liability

With regard to the warranty for defects, the manufacturer's provisions shall apply exclusively. B&K Associates GmbH expressly excludes any other guarantee. However, for the purposes of quality assurance, the customer is invited to report any defects in the products.

With the exception of compulsory cases of liability (product liability, wilful misconduct and gross negligence on the part of B&K Associates GmbH or its auxiliaries), B&K Associates GmbH declines all liability (this also applies to its auxiliaries).

9. Data privacy

B&K Associates GmbH treats customers' personal data with the utmost confidentiality. Data collected in connection with the conclusion of a contract may be processed and used not only to fulfil the obligations arising from the contract, but also for marketing purposes. For further information, please consult our data protection declaration at www.pharmagenies.com.

10. Final provisions and jurisdiction

Swiss law applies exclusively, to the exclusion of conflict of law rules and international treaties such as the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes with B&K Associates GmbH is the place where the client is domiciled or the place of the headquarters of B&K Associates GmbH in Basel.

 

2. VIPHARMA GENERAL CONDITIONS

1. Scope of application

These General Terms and Conditions ("GTC") regulate the rights and obligations of B&K Associates GmbH ("Pharmagenies"), as the company operating the "VIPHARMA" loyalty programme. Purchases in the online shop, which is operated by B&K Associates GmbH, are subject to the General Terms and Conditions of Pharmagenies, which are available at pharmagenies.com.

2. Programme «VIPHARMA»

Pharmagenies runs a loyalty programme ("programme"), called "VIPHARMA", which is aimed exclusively at Pharmagenie's customers. Participation in the programme is restricted to natural persons over 16 years of age ("participants").

Participation is free of charge and without purchase obligation.

Participation in the programme does not give rise to any claims against Pharmagenies until the points have been credited (point 3). Pharmagenies reserves the right to adjust these GTC, to change or terminate the programme and to temporarily suspend the crediting of stars for justified reasons, at any time and without compensation.

3. Using the VIPHARMA crediting points

Loyalty points ("points") will be credited to the participant's star account for purchases made with Pharmagenies using the VIPHARMA loyalty programme, but the participant has no claim to the amount of the credit. Pharmagenies determines the number of points to be credited for each purchase at its own discretion and is entitled to apply different award criteria depending on the branch and region and to change them at any time without prior notice. The points credited are personal and non-transferable.

Pharmagenies may, at its own discretion, offer special offers of limited duration for certain goods or services.

In principle, the VIPHARMA loyalty programme can be used for all purchases at Pharmagenies.

4. Counting

If the Participant's account reaches at least 40.000 points, an immediate discount of $40 is issued for the next purchase. The value of the discount voucher issued is automatically deducted from the participant's account.

5. Termination of participation

The participant may withdraw from the programme at any time by sending a written notice to Pharmagenies. For its part, Pharmagenies may suspend or exclude the participant from the programme in the event of violation of these GTC, abuse or attempted fraud. Account holders who do not record any movements for two consecutive years, or for whom no account statement can be reported for two consecutive years, are excluded from the programme without prior notice or notification. In the event of termination of participation, any points available in the account are deleted without compensation. It is not possible to transfer points to a new account or to another participant.

7. Data privacy

The processing of personal data in connection with the VIPHARMA loyalty programme is governed by the Data Protection Declaration available at pharmagenies.com.

8. Place of jurisdiction and applicable law

Swiss law applies exclusively, to the exclusion of conflict of law rules and international treaties, such as the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is either the place where the client is domiciled or the place of the headquarters of B&K Associates GmbH in Basel.

Status at 01.02.2022