General Terms and Conditions

1. Scope

1.1. These General Terms and Conditions shall apply to all orders placed by customers via the online shop of Moringa Pure GmbH, Rheinweg 5, CH-4322 Mumpf.

1.2. These General Terms and Conditions shall be deemed to be accepted by the customer on confirmation of an order.

2. Offer and conclusion of contract

2.1 The display of the products in the online shop does not represent a binding offer but an invitation to order.

2.2 By clicking on the (Order) button, the customer places a binding order for all the products listed on the order page.

2.3 Immediately on receipt of the order, Moringa Pure GmbH will confirm the order by e-mail. In the case of non-physical goods the purchase contract shall be concluded immediately; in the case of physical goods by means of their delivery.

3. Prices and shipping costs

3.1 The prices cited on the product page are inclusive of value-added tax and other price components (postage, packaging) and are shown in Swiss francs (CHF) or euros (EUR). The precise shipping costs will be displayed to the customer in the order process.

3.2 No other taxes or costs will be incurred (with the exception of customs duties in the case of deliveries abroad).

3.3 The seller reserves the right to modify the prices at any time. The prices published on the website on the date of the order shall apply for the customer.

4. Delivery conditions

4.1 The delivery of physical goods shall take place within Switzerland and the EU.

4.2 Unless otherwise specified in the offer, the delivery period for Switzerland and Liechtenstein is 1 to 3 working days. For deliveries to the EU, the delivery period is between 5 and 10 working days. If a longer delivery period is necessary, the customer will be informed at the end of this period at the latest. Should the customer not be informed, he/she shall be entitled to forgo the delivery.

4.3 Should not all the ordered products be in stock, Moringa Pure GmbH shall be entitled to make partial deliveries.

4.4 Should delivery of the goods fail through the fault of the customer in spite of three attempts to deliver, Moringa Pure GmbH may cancel the contract. Any payments already made will be immediately refunded.

5. Terms and conditions of payment

5.1 In Switzerland customers can pay by invoice, by EC-card, by PostFinance card or by credit card. For customers in the EU, payment is carried out exclusively by prepayment or by credit card.

5.2 In the case of payment by invoice, the payment period is 20 days. If payment is not made, access to the workstation solutions will be blocked until the fee is paid. Moringa Pure GmbH shall be entitled to charge the customer in default any expenses incurred in the dunning process. The company reserves the right to take legal enforcement measures.

5.3 In the case of payment by credit card, the customer's account will be charged at the time of the order.

5.4 Settlement by means of any unrecognized or not legally adjudicated counterclaims on the part of the customer shall be excluded.

5.5 The customer can only exercise a right of retention insofar as the claims are based on the same contractual relationship.

6. Reservation of title

The goods remain the property of Moringa Pure GmbH until full payment is made. No pledging or collateral assignment, processing or reconfiguration shall be permitted before transfer of title, without the consent of Moringa Pure GmbH.

7. Right of cancellation

7.1 Consumers have the right to cancel the contractual declaration within 14 days of receipt of the goods. Notice of cancellation is to be sent to Moringa Pure GmbH in writing, by e-mail or letter. The date of dispatch of the cancellation shall apply for the purpose of the notice period. No reason needs to be given for cancellation. The cancellation declaration is to be sent to:

Moringa Pure GmbH, Rheinweg 5, CH-4322 Mumpf / e-mail : office@moringapure.ch

7.2 The exercise of the right of cancellation shall lead to the conversion of the purchase contract into a return contract, according to which the goods and services received in the context of the purchase contract must be returned. The consumer must return the goods received to Moringa Pure GmbH in the original packaging within 14 days of the declaration of cancellation. The consumer is to bear the cost of return.

7.3 The purchase price will be refunded immediately to the consumer on receipt of the goods, insofar as it has already been paid. The company reserves the right to make a deduction from the purchase price to be returned for any damage or excessive wear to the goods. No deduction will be made if the loss of value is attributable to such handling of the goods as is necessary to determine the nature, quality and functionality of the goods. Moringa Pure GmbH can refuse repayment until the goods have been returned and received, or until the consumer has provided proof that he/she has returned the goods, whichever is the earlier date.

7.4 The right of cancellation is excluded for the following items:

  • Customized company solutions which are clearly tailored to the needs of the customer
  • Digital content which is exported simultaneously with the order and which is not supplied on physical data carriers
  • Services which have already been provided in full, or the export of which has already begun

8. Warranty and Liability

8.1 Moringa Pure GmbH guarantees that the goods comply with the promised qualities, that they have no defects which detract from their value or suitability for the intended use and that they meet the prescribed benefits and specifications. Moringa Pure GmbH reserves the right to remedy an existing defect by means of repair or replacement or to supply a defect-free item.

8.2. The purchaser is to check the goods supplied as soon as possible and to report any defects immediately. Our after-sales service can be reached at: office@moringapure.ch

8.3 Should repair or replacement fail, the customer shall be entitled to cancel the contract. This does not apply for insignificant faults. The customer shall not be entitled to a price reduction.

9. Contractual period, entitlements and cancellation in the case of subscriptions

Subscriptions are concluded for a certain period. This period is normally 6 or 12 months. Each subscription entitles one person, unless otherwise agreed, to unlimited usage for the duration of the contract. Before the subscription expires, the customer receives a bill for the extension of the contract by the same period. Notice of cancellation is to be sent in writing to Moringa Pure GmbH within 30 days of this date. Access rights also expire at the time of cancellation.

10. Passwords / Confidentiality

In the case of the products made available online, the customer undertakes to treat the system access data provided and the passwords set up for that purpose in strict confidentiality and with the utmost care. Moringa Pure GmbH reserves the right to terminate user rights immediately upon discovery of the multiple use of the access data of an authorized individual.

11.Copyright

The content and structure of the products published by Moringa Pure GmbH and the entire range of its Internet services are protected by copyright. The use of articles and guides by customers for their own consumption is permitted, but any commercial distribution in whole or in part shall require the express consent of Moringa Pure GmbH.

12. Liability

Moringa Pure GmbH excludes any liability for breaches of contract resulting from minor negligence. This applies similarly to breaches of contract by ancillaries or substitutes. Moringa Pure GmbH accepts no responsibility for defects which are not within its area of responsibility, namely on the part of operators of telecommunications services, the hosting provider or other third party service providers.

13. Place of jurisdiction and applicable law

The contractual relationships between the customer and Moringa Pure GmbH shall be subject to substantive Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, April 11, 1980. The ordinary court in Zurich shall be responsible for any disputes arising from these contractual relationships.

14. Final provisions

Should parts of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the corresponding relevant legal provisions.