I. LEGAL NOTICE
Herborisia is a brand of Herborisia Sàrl, a limited liability company under Swiss law.
Avenue de la Gare 41, 1920 Martigny, Switzerland
IDE: CHE-393.869.197 - Nominal share value: CHF 20'000.00
You can contact us using our contact form (response within two working days).
Our working days are from Monday to Friday, from 9 a.m. to 12 p.m. and from 1 p.m. to 6 p.m., excluding public holidays and non-working days in force in the canton of Valais, Switzerland.
II. TERMS OF SALES
The herborisia.ch site is operated by Herborisia Sàrl. The terms “we”, “us” and “our” refer to Herborisia sàrl (hereinafter “Herborisia”) and the terms “our site”, “this site”, “the site” refer to herborisia.ch ( hereinafter “herborisia”).
Herborisia provides this website, including all of the information, tools and services available to you, you, the User, subject to your acceptance of all of the terms, conditions, policies and notices set out here.
By visiting this site and / or purchasing our products, you agree to our “Service”, as a “Visitor” and / or “Buyer”, and agree to be bound by the following terms (“General Conditions of Sale “,” General Conditions of Sale and Use “,” Conditions “), including the additional terms, conditions and policies referred to here and / or accessible by hyperlink.
These Conditions of Sale and Use apply to all users of this site, including but not limited to users browsing the site, who are sellers, customers, merchants, and / or content contributors. Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use the services offered there. If these General Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Conditions of Sale and Use. All new features and tools that will be added to this store later will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Conditions of Sale and Use, you declare that you are able to contract legally under Swiss laws or validly represent the natural or legal person for whom you agree. The use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in the context of the use of the Service, violate the laws of your jurisdiction (including but not limited to the laws relating to copyright). You must not transmit worms, viruses or any other computer code of a destructive nature. Any violation or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to services to any person at any time for any reason. You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission express written consent from us. The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND CURRENCY OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be your sole source of information for decision-making without first consulting more accurate, complete and current sources of information. If you decide to trust the content presented on this site, you do so at your own risk. This site may contain some previous information. This previous information, by nature, is not up to date and is provided for information only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices indicated on the Site are guaranteed at the time of the order, within the limits of available stocks, and unless there is a manifest error in typography or omission. The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time. We will not be liable to you or any other third party for any price change, suspension or interruption of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy. We have done our best to display as clearly as possible the colours and images of our products which appear on our shop but the photographs and the texts illustrating the products do not enter into the contractual field. We reserve the right to limit sales of our products or services to any person, and in any geographic region or jurisdiction. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law. We do not guarantee that the quality of all products, services, information, or any other merchandise that you have obtained or purchased will meet your expectations, nor that any error in the Service will be corrected.
ARTICLE 6 – ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we modify an order or if we cancel it, we may attempt to notify you by contacting you by email and / or billing address / telephone number provided at the time the order has been placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from dealers, resellers or distributors. You agree to provide up-to-date, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control, control, or influence. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any approval. We will have no legal liability arising out of or related to the use of these optional third party tools. If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should consult the conditions under which these tools are offered by the relevant third party supplier (s). We may also in the future offer new services and / or new features on our site (including new tools and resources). These new features and services will also be subject to these General Conditions of Sale and Use.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties. Links from third parties on this site may direct you to third party websites that are not affiliated with us. We are under no obligation to review or assess the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, website, product, service or other material accessible on or from these third party sites. We are not responsible for any damages or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the third party policies and practices carefully and make sure you understand them before committing to any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be referred to those same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other items, whether online, by e-mail, by post, or otherwise (collectively, “comments”), you grant us the right, at all times, without restriction, to edit, copy, publish, distribute , translate and otherwise use and in any media any comment you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) respond to comments. We may, but have no obligation to do so, monitor, modify or delete content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or these General Conditions of Sale and Use. You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false e-mail address, pretend to be someone that you are not, or try to mislead us and / or third parties as to the origin of your comments. You are fully responsible for all comments you post as well as their accuracy. We do not assume any responsibility and decline any engagement as for any comment which you post or which any other third party publishes.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information to our store is governed by our data protection policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our site or in the Service which may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, fees products, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information in the Service or on any associated website is inaccurate, and this , at any time and without notice (including after you have placed your order). We are not obliged to update, modify or clarify the information in the Service or on any other associated website, including but not limited to information on prices, unless required by law. No set date for updating or updating the Service or any other associated website should be taken into account to conclude that the information in the Service or any other associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce third parties to carry out or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, hurt, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious computer code that will or may be used in a manner that compromises the functionality or operation of the Service or any other associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extract information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.
ARTICLE 13 – EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY
We do not guarantee or claim that your use of our Service will be uninterrupted, rapid, secure or error-free. We do not guarantee that the results that could be obtained through the use of the Service will be accurate or reliable. You agree that from time to time we may delete the Service for indefinite periods of time or cancel the Service at any time without notifying you in advance. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated to the contrary on our part) provided “as is” and “as available” for your use, without representation, without warranties and unconditional of any kind, express or implied, including all implied warranties of marketing or merchantability, fitness for a particular purpose, durability, title and freedom from forgery. Herborisia Sàrl, our directors, managers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors can in no way be held responsible for any injury, loss, claim, or direct, indirect damage, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs, or any similar damage, they are contractual, tort (even in the event of negligence), of strict liability or other, resulting from your use of any service or product coming from this Service, or as for any other complaint related in any way whatsoever to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been warned of the possibility of it occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and protect Herborisia sàrl, our subsidiaries, affiliated companies, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees, with regard to any claim or request, including reasonable attorney’s fees, made by any third party because of or arising from your violation of these General Conditions of Sale and Use or the documents to which they refer, or your violation of any law or rights of a third party.
ARTICLE 15 – DISSOCIABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable part shall be considered as being dissociated from these General Conditions of Sale and Use, this dissociation should not affect the validity and applicability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and responsibilities incurred by the parties before the termination date will remain in effect after the termination of this agreement for all purposes. These General Conditions of Sale and Use are effective unless and until terminated by either you or not. You can terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notifying you in advance and you will remain responsible for all amounts due up to the termination date (which is included), and / or we may deny you access to our Services (or any part thereof) ).
ARTICLE 17 –ENTIRE AGREEMENT
Any failure by us to exercise or apply any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or this provision. These General Conditions of Sale and Use or any other operating policy or rule that we publish on this site or in relation to the Service constitute the entire agreement and agreement between you and us and govern your use of the Service, and replace all communications, proposals and all agreements, previous and contemporary, oral or written, between you and us (including, but not limited to any previous version of the General Conditions of Sale and Use). Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you will be governed by and interpreted under the laws in force in Martigny, Switzerland.
ARTICLE 19 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check if any changes have been made. Your continued use of or access to our site after the publication of any modification to these General Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 20 – CONTACT INFORMATION
All questions concerning the General Conditions of Sale and Use must be communicated to us through our contact form.
ARTICLE 21 – SALE TO MINORS
Persons under the age of 18 are not authorized to purchase products from www.herborisia.ch. By placing an order on www.herborisia.ch, you guarantee that you are over 18 years of age on the date of payment for the order.
ARTICLE 22 – USE OF PRODUCTS
By ordering products on www.herborisia.ch, you agree to comply with the laws in force (you are at least 18 years old, no delivery to minors). Our site does not trade in any narcotic products, or any tobacco products or accessories allowing smoking tobacco or bringing products to combustion. By placing an order on the site, you agree not to divert the final use of the products offered on the latter.
None of the information disseminated or relayed on this site can be interpreted as a business promoting the use of narcotic products by Herborisia or its representatives, collectively or individually.
A large number of products distributed on our site are rich in phytocompounds (cannabinoids, terpenes, polyphenols …) and they constitute physicochemical systems whose bioactivity is particularly complex. Their assimilation by the human body is the subject of continuous research and the state of knowledge as to their impact on human health is constantly evolving. Any consumption of the products we distribute, especially concentrated products, must therefore be reasoned, documented and it engages your sole and entire responsibility. Instructions on the correct use of our products are displayed on the description of each product. We particularly disapprove of the use of products in the form of inhaled combustion, a mode of consumption recognised to be harmful to health. We remain at your disposal for any questions relating to the conditions of use of our products, via our contact form.
- Therapeutic use
This site is not authorised to deliver any advice or therapeutic prescription in any form on the use of plants and their derivatives. Please consult your physician before consuming CBD – or any other cannabinoid or active phytocompounds – for therapeutic purposes, in particular to prevent any risks linked to interaction with other medication. Products rich in active phytocompounds are as their name indicated active and must be handled with care and the appropriate medical knowledge. Herborisia does not encourage self-medication.
Certain information delivered on the site comes from reference works in aromatherapy or herbal medicine and are given for information purposes. They cannot, in any case, constitute a medical prescription, nor engage the responsibility of Herborisia.
ARTICLE 23 – PURCHASE FROM ABROAD
It is the responsibility of each client outside of Switzerland, wishing to purchase products on this site, to comply with all regulations in place in his/her country regarding the purchase, delivery, circulation, possession and use of our products. Each such client must have checked and be aware of the regulations and laws in place in the country of destination. Herborisia is not able to maintain a comprehensive and up-to-date registry of all regulations in force in all European countries and to adapt its offer to each and any of these. Herborisia can therefore not be held responsible for any violation of such national regulation nor can it be held responsible for any legal implications deriving from a client’s purchase, delivery or use of our products in the country of destination. Any client purchasing our products from abroad is the sole responsible for any costs (vat, customs duties) and legal implications attributable to their order. In addition, Herborisia sàrl declines all responsibility in the event of seizure of the products ordered. No compensation, reimbursement or compensation will be offered in the event of loss, violation or fine imposed on the end customer.
ARTICLE 24 – DELIVERY, CANCELLATION OF SALE AND REFUND
Shipments take place within 48 hours after receipt of payment for your order, unless otherwise stated on the pages “basket” or “order”.
After removal of the package containing the products ordered by the contracted postal delivery service, an order generally arrives within 1 to 3 days at the destination, depending on the contracted postal services. These times are an average, in working days, according to the data collected, outside of a crisis situation, by our services and relating to 99% of our orders. We decline any responsibility for possible problems of postal routing which could arise after taking charge of the order by the postal delivery service chosen by the Buyer at the time of the order and contracted in his name through us.
In the event of a change of opinion, the Buyer has 14 working days to request the cancellation of the sale and the reimbursement of the amounts debited corresponding to the products invoiced by Herborisia. If this request for cancellation of sale occurs after the actual shipment of the products ordered by our services, before asserting his right to reimbursement, the Buyer undertakes to return all of the ordered products subject to the request for cancellation of sale, provided that none of these products have not been opened, used or altered in any way. Unless otherwise agreed between Herborisia and the Purchaser, the latter undertakes to return, at its expense, the products concerned by a postal delivery service with parcel tracking number which it communicates to Herborisia upon taking charge of the package. Herborisia will cancel the sale and reimburse the sums concerned within 14 working days from the day of actual receipt of the buyer’s package.
ARTICLE 25 – CLAIMS / ACTIONS TO BANKING ORGANIZATIONS
By placing an order for products on the herborisia.fr site, you accept these Conditions of Sale. By doing so, you renounce any claim, cancellation or complaint to the banking organization (bank issuing your credit / debit card, and / or issuing organizations such as Visa or Mastercard) that have granted you a means of payment (credit card debit, credit card) which enabled you to place an order and pay for the items ordered on this site as soon as:
- The postal status of the order (generally visible on the website of the chosen postal delivery service provider) indicates, via the postal tracking number which is communicated to you after dispatch: ‘received’, ‘distributed’ or any other equivalent mention indicating the effective delivery of the postal delivery service contracted through us and on your behalf, and corresponding to the order in question.