General Terms and Conditions

General Terms and Conditions

Section 1 – Scope
These General Terms and Conditions apply to all contracts entered into with Brusnika SA, Rue du Grant-Pont 12, 1003 Lausanne (“Brusnika ”). You acknowledge these terms and conditions in the version valid at the time of placing the order in the context of the order process.

Section 2 – Conclusion of contract and delivery of products

• 2.1. All contracts concluded over www.brusnika.ch are entered into with Brusnika. By clicking the "buy now" button the customer has made a binding order. A binding contract is entered into when you received the order receipt.
• 2.2. The ordered products are delivered as soon as we have received the customer's payment in full.
• 2.3. Delivery is carried out by Swiss mail. The seller is not responsible for delays in delivery caused by third parties.
  Flat rate shipping costs:
  We currently ship by post or courier on the following terms:
  Switzerland, Liechtenstein:
  B-Post CHF 10.00 / A-Post CHF 12.00
  Click & Collect: pick up free of charge during opening hours: Brusnika Torgasse 8, 8001 (orders are reserved for 48 hours)
  For smaller deliveries, which can be sent by post, the same flat shipping costs apply as for parcels. For this "Brusnika" waives a small quantity surcharge.
  We are happy to send all other countries on request (no right of return).
  
• 2.4. If, after conclusion of the contract, products cannot be delivered either partially or totally for reasons for which Brusnika is not responsible, the customer is entitled to withdraw from the contract. In this case, Brusnika will refund payments which have already been made.
• 2.5. Brusnika's performance is an obligation to send. Brusnika’s obligation is fulfilled with the handover of the ordered product to the transport company. After dispatch, the risk of accidental deterioration and accidental loss of the product passes to the customer. Brusnika is not responsible for any fault of the transport company used.

Section 3 – Price, custom duties and shipping costs

• 3.1. The prices quoted at the time the order is placed apply. The prices quoted are final prices, i.e. they include the statutory VAT at the time.
• 3.2. Shipping costs are not covered by Brusnika and must be paid by the customer in full.

Section 4 – Payment

• 4.1. Brusnika offers payment via Credit Card or Paypal. Brusnika reserves the right to refuse certain methods of payment or refer a customer to other payment methods. In particular, customers cannot purchase any products on this Website by using Brusnika’s gift certificates.
• 4.2. Any costs for money transfers have to be borne by the customer.

Section 5 – Return

• 5.1. Brusnika offers a return for all purchased products within 8 days of the purchase, subject to the condition that the products to be returned are unused, in the same condition as when received and in original packaging.
• 5.2. In order to return a product a return authorization is needed. To receive a return authorization please email shop@brusnika.ch. Please do not ship your products before having received an authorization.
• 5.3. Gift Cards, products purchased on SALE cannot be returned.
• 5.4. Shipping costs, custom duties and all other occurring cost for the return of the product are not covered by Brusnika and must be paid by the customer in full.
• 5.5. Please send returns to: Brusnika , Torgasse 8, 8001 Zurich or Brusnika, Rue du Port 4, 1204 Geneve
  You can also return your products in our stores for free.

Section 6 – Refunds
Any refunds will be made to the account you have used for payment after inspection of your returned good. You will be notified by email on the approval or rejection of your refund request. We will not refund any shipping cost, custom duties or other occuring cost.

Section 7 – Warranties

• 7.1. You are obliged to check the delivered products as soon as it is feasible after the usual course of business and to inform Brusnika within 5 business days since receipt of the product of any detected defects by sending a picture of the defect to shop@brusnika.ch. If you fail to do so, the products shall be deemed approved.
• 7.2. Defects that could not have been detected in the course of proper inspection must be notified to us immediately after detection by sending a picture of the defects to shop@brusnika.ch. Otherwise, the product is deemed to have been approved with regard to these defects.
• 7.3. Brusnika warrants by rectifying defects. This shall be done at our discretion either by subsequent performance, i. e. elimination of a defect (remedy) or delivery of a defect-free item (replacement delivery).
• 7.4. If supplementary performance of the contract fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer's right to reduction of the purchase price is excluded. This exclusion of liability also applies to all claims which compete with the warranty rights.
• 7.5. The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the buyer or third parties or defects due to external circumstances.
• 7.6. Brusnika does not give a warranty of title.

Section 8 – Liability
Any potential liability arising in connection with the sale or delivery of Brusnika’s products or use of this Website is limited to the extent possible under the applicable law. The amount of a potential claim due to Brusnika’s liability is further limited to the purchase price of the sold product in question.
Brusnika does not assume any liability for the descriptions of third parties, in particular customers within the framework of the online shop or our social media presence published customer reviews.

Section 9 – Severability
Should individual provisions of this contract including these provisions be or become invalid in whole or in part, or should this contract have missing provisions, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective legal regulations.

Section 10 – Applicable Law and Jurisdiction
This Agreement and all legal relationships hereunder are governed by Swiss Law. With regards to consumer contracts, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
The Courts of Lausanne, Switzerland, have exclusive jurisdiction over any dispute in connection to this Agreement. With regard to consumer contracts, the courts at the consumer's domicile in Switzerland have exclusive jurisdiction.

Section 11 – Changes to General Terms and Condition Brusnika reserves the right to change, update or replace any part of these General Terms and Conditions at any time without notification.