THESE TERMS AND CONDITIONS and Privacy policy (“TERMS”) CONTAINED WITHIN THE WEBSITE APPLY TO YOUR USE OF THIS WEBSITE AND ANY PURCHASE YOU MAKE. YOU WILL NEED TO CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND OUR DISCLAIMER IN ORDER TO PROCEED WITH YOUR ORDER AND TO MAKE A PURCHASE. YOU ARE ABLE TO SAVE A COPY OF THESE TERMS TO YOUR DEVICE – GEBERICH RECOMMENDS THAT YOU DO THIS AND KEEP THE COPY AS A DURABLE MEDIUM.
YOU ALSO NEED TO CONFIRM THAT YOU CONSENT TO GEBERICH PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROCEED WITH A PURCHASE. PLEASE READ THE TERMS WHICH DEAL WITH GEBERICH’S USE OF YOUR PERSONAL DATA CAREFULLY.
IF YOU DO NOT AGREE TO THE TERMS BELOW AND/OR OUR PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS PLEASE DO NOT PLACE ANY ORDERS WITH GEBERICH.
1. Definitions
1.1. In these Terms, the following words have the following meanings unless the context otherwise requires:
1.1.1. “Contract” means any contract between You and Us incorporating these Terms for the supply of Products. For each new Order there shall be new Contract concluded. The Contract is deemed to be concluded between Parties from the moment when We confirm the Order placed by You as stated below in these Terms;
1.1.2. “Geberich”, “We” means Geberich GmbH, a Limited Liability Company incorporated and registered in Switzerland, with registration number CHE-427.113.231, and whose registered office (place of establishment) is at Churerstrasse 47, 8808, Pfäffikon, SZ;
1.1.3. “Processor” means Webwork International Ltd. incorporated and registered in the United Kingdom, with the company number 12226309, and whose registered office is at Wisteria Grange Barn, Pikes End, Pinner, United Kingdom, HA5 2EX. Processor might process Your personal data on behalf of Geberich as well as might contact You on Our behalf.
1.1.4. “Liability” means liability for any and all damages, claims, proceedings, actions, awards of transactions, expenses, costs and any other losses and/or liabilities;
1.1.5. “Products” means any and all products ordered from Geberich by You;
1.1.6. “Website” means www.geberich.com;
1.1.7. “You, Your, Yourself” means the individual, person, the buyer, who is placing the order via Website and/or whose order for Products is accepted by Geberich;
1.1.8. “Party” means You or Geberich each individually or both together;
1.1.9. “Order” means Your request placed through the Website, after which We reserve the right to sell and deliver the Products to You or to an addressee named by You.
2. Terms and Conditions
2.1. These Terms govern the supply of Products to You and conditions for processing Your data. These Terms and any document or disclaimer referred to represent the entire agreement between You and Geberich in relation to the supply of any Products via the Website.
2.2. Please ensure that Your use of the Website and the purchase of the Products is legal in the country in which You are resident and/or in which You are viewing this Website. We reserve the right not to ship any Product due to the delinquent accounts, import licenses, legislative obligations and any other import difficulties. If this situation occurs, you will be notified by e-mail and Your credit card will be refunded (please see the clause no. 6.9.).
2.3. Eastern European Time (UTC +2, Swiss time) shall apply to the Contract and to actions of the Parties except time of delivery of the Products.
2.4. We are the distributor of the Products.
2.5. By placing an order through this Website You warrant and confirm that You are at least 18 years old and capable of entering into binding contracts.
2.6. You further warrant that you understand and agree to be bound by these Terms.
3. Orders and Contracts
3.1. You may place Orders for Products via the Website, by phone (by contacting Us via our Processor) or via the WhatsApp messenger system (if installed on Your mobile device or computer). Unless the Order is placed via phone We will contact You within 1 (one) business day (working day for Switzerland) to confirm the Order. It is assumed that no Order has been confirmed and therefore no Contract has been concluded in case there was no confirmation by phone from Us.
3.2. At Our discretion We may decide that the phone communication between the Parties, while You are placing the order, is necessary. In this case if the phone communication is unsuccessful and/or is not completed, the Order does not seem to be successfully placed. Upon accepting the Order and confirming the Order either via e-mail or phone, We enter into a Contract to supply You with the Products you ordered.
3.3. We have the right to refuse to accept any Orders placed for Products for any reason. Your Order for Products constitutes an offer to Geberich to purchase those Products and shall only form a binding Contract when the Processor (on behalf of Geberich) confirms the Order to You during the call or We send a confirmation by e-mail.
Note: Communication via WhatsApp cannot be used to confirm Orders and is utilized for auxiliary purposes of communication and provision on information.
3.4. You shall be responsible for the accuracy of Your Order and for giving Geberich any and all information necessary for Geberich to perform the Contract. When You provide Us with Your details, You are responsible for ensuring that all information You give Us is correct.
3.5. Products are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You during the confirmation call, and cancel your Order. If you paid for the Order when ordering it via the Website, We will provide a full refund (if We have already received payment from You).
4. Products
4.1. The Products are food supplements and are not medicinal products of any kind. The Products are not intended to treat, diagnose, cure, or alleviate the effects of diseases. The Products should not be used as a substitute for a varied diet and should be stored out of the reach of children. You shall not exceed the stated recommended daily dose.
4.2. The Products are sealed during manufacturing for health protection.
4.3. You must follow the instructions attached to the Products. Effect of the Products may vary from Your estimations. Effect of the Products depends on Your actions while You use them: nutrition, sleeping, athletics, etc.
4.4. We suggest that You consult with a health care professional before using any Product. We bear no responsibility regarding any kind of possible effects including side effects when You use the Products. Our liability is limited and stated in the clause “Liability”.
4.5. Please note that any photographs of the Products produced by Geberich are placed and used solely as a guide and example to provide the general overview of the Products. We have the right to change at any time the design and colors of the Products’ package and therefore the actual Products may differ from the provided photographs.
5. Cancellation
5.1. Where applicable, You may cancel Your Order in accordance with Your consumer rights. The mechanism for cancelling Your Contract in this way is set out below.
5.2. You have the right to withdraw from this Contract within 14 (fourteen) calendar days without giving any reason. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which either You or a third party other than the carrier and indicated by You acquires, physical possession of the Products.
5.3. However, if the Products are unsealed after delivery, You lose the right of withdrawal.
5.4. To exercise the right of withdrawal, You must inform the Company of Your decision to withdraw from this Contract by an unequivocal statement. To meet the withdrawal deadline, it is sufficient for You to send your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
5.5. You may cancel the Contract providing that You return any Products already delivered to You not later than 14 (fourteen) calendar days from the day on which You have informed the Company of Your decision to withdraw from this Contract.
5.6. You shall send back the Products by post. You must take reasonable care of the Products while they are in Your possession and You must not use or open or any other way harm them (including cardboard box). Please return the Products to Geberich in their original packaging and unopened.
5.7. When returning the Products, You shall provide Geberich with postal waybill about dispatching the Products to Geberich and photos of saved seals on the Products. All the required evidence are deemed to be received from you at the moment of receipt of the delivery by Geberich via postal or courier service. Please note that if You send photos via WhatsApp messenger system You bear all responsibility for the photographic content of files sent as elaborated in Section 11 of these Terms. Sending pictures via WhatsApp serves an auxiliary information purpose and does not in any way substitute provision of evidence as described in this Section above.
5.8. You shall bear any direct cost of returning the Products.
5.9. Reimbursement
5.9.1. If You withdraw from this Contract (either by virtue of chancelling the Order Yourself or Us doing so in case the Products You ordered are unavailable), Geberich shall reimburse You with all the payments received from You under the Order, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Geberich). Please note that You shall bear the direct costs relating to the return of the Products and Geberich does not have any obligation to compensate You for any costs (including postage and packaging costs etc.) regarding the withdrawal of the Products.
5.9.2. Geberich shall transfer reimbursement to You immediately upon receipts of the earlier – either the Products you sent back to Geberich or the evidence sent. Please note that Your banking company may have some requirements to execute and refund the money on your account. These requests are beyond our control and Geberich is not responsible for them.
5.9.3. Geberich will carry out reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
6. Delivery
6.1. Dates for delivery under Your order are estimates and shall be subject to clarification by courier service. You shall indicate address of delivery where You may receive the Products in Your physical possession or control in the course of the day.
6.2. As a general rule, Geberich will dispatch the Products to You within a day after Geberich has accepted Your Order (subject to the Products being in stock).
6.3. Where Products are to be delivered in several deliveries , each delivery shall constitute a separate and distinct Contract and failure by Geberich to deliver, or any claim by You in respect of, any separate delivery shall not entitle You to repudiate and/or terminate any other confirmed deliveries.
6.4. You reserve the right to call Us via Our Processor and arrange the delivery within an additional period of time provided that Geberich failed to fulfill the obligation to deliver the Products at the agreed upon time.
6.5. Geberich shall not be required to fulfill orders for Products in the sequence in which they are placed.
6.6. In most cases, Orders will be delivered to You by recorded delivery, requiring a signature to confirm receipt. At the delivery moment either You or any other individual authorized by You shall be physically present at the delivery address to receive the Products and sign for the delivery. You shall be charged for delivery costs even in case the Order is failed to be delivered due to the fact of absence of any authorized person to receive it.
6.7. Geberich is not responsible for the Products and their safe delivery after they have left Geberich’s possession. If You have any issues regarding late delivery and/or damage to the Products during transit, You must indicate it in the waybill.
6.8. If You have any issues regarding non-delivery You must inform Geberich by e-mail, WhatsApp or phone set out in the section headed “Our details”.
6.9. You shall check the seal on the Product at the moment of delivery. If the Product is not sealed, You must indicate it in the bill of parcels. If You did not indicate unsealed Products in the bill of parcels it is deemed that You received sealed Products.
7. Prices
7.1. The price for Products shall be determined on the Website or during the call at the date when You place the order.
7.2. Prices for the Products do not include delivery charges which You will be charged additionally. Delivery charges may vary and depend on country of delivery and on the volume of the acquired Products. Geberich will notify You of the charges to be applied at the time We call You to confirm Your Order.
7.3. All prices are included VAT or other similar type of tax.
7.4. If You do not agree with the price and/or You do not understand delivery charges, please do not proceed further with Your Order.
7.5. If Geberich discovers an error in the price of Products You have ordered Geberich will inform You as soon as possible and give You the option of either re-confirming Your Order at the correct price or cancelling it. If Geberich is unable to contact You, Your Order will be cancelled automatically. If You cancel an order due to an error in price and Geberich has already received payment for the affected Products, You will be refunded in order stated in clause 5.9.
8. Payments
8.1. If You decide to pay by cash, the Products are fully paid at the time of delivery. The cash payment may not exceed 10 000 euros.
8.2. If You decide to pay by card online or via electronic payment services, the Products are fully paid from the moment of placing the Order on the Website.
8.3. Subject to Your country of residence and pending confirmation by Us via telephone when confirming the Order, You may decide on for a “postpay” payment method, which means that You are allowed to pay for the Products within a certain number of days as detailed by the Order confirmed by Us via telephone and the documents attached to the Products. PLEASE NOTE: non-payment of the cost of the Products within the time-frame constitutes a breach of the Contract on Your behalf and enables Us to take legal action in defense of Our interests.
If You decide to pay according to the “postpay” option, You may do so either by means of wire transfer using banking details provided in the document attached to the Products and the instructions therein.
8.4. If you place your Order via the Website, third party authorized by Geberich collects Your payment. Particularly Geberich will gather Your personal details and card details and pass them to Geberich’s chosen credit card operator at the moment when You proceed to checkout and place Your order. The credit card operator will check and store Your data in order to process Your payment details. Geberich has imposed obligations on the credit card operator to protect the security and safety of Your data. In respect of each credit or debit card transaction, Geberich strongly advises that you print out and retain a copy of the card transaction in an accessible place for any possible future reference regarding any troubles with payment/ delivery/ return of Order.
8.5 If You pay by card or via electronic payment services, Geberich will not accept Your Order until Geberich receives confirmation from the credit card operator that Your payment has been authorized and/or Geberich has received payment in full in cleared funds.
8.6. If You pay by cash, the courier shall not hand You the Products until You have paid the courier the entire sum for the Products. Note: Should there arise a need to return the Products as set by these Terms, the courier does not provide a refund and accept the Products on the spot, the return and refund are facilitated separately by means set by these Terms.
9. Property and risk
9.1. Any risk regarding the Products (including but not limited to loss, forfeiture, damage etc.) shall pass to You from the moment You or any authorized by You third party acquires physical possession of the Products. Delivery shall be deemed to occur at the time when the courier hands the Products to You.
10. Faulty Goods
10.1. If You discover that a Product is damaged or defective , You must notify Us by e-mail, WhatsApp or phone set out in the section headed “Our details” of the said defect within 14 (fourteen) calendar days from the date of delivery.
10.2. Geberich shall ask You to return the said damaged Products to Geberich for inspection before Geberich sends You a replacement. After the inspection that supports that the Products are damaged/ defective in any kind Geberich will replace the damaged Product within the reasonable time with no additional cost to You and refund any reasonable costs (provided that in any case the amount of such costs cannot be reimbursed for more than 200 EUR) You may have incurred in returning the damaged Product to Geberich.
11. Data Protection
11.1. When You use Website, You will be asked to provide certain personal information such as Your contact details (full name, phone number, e-mail, ID-code, date of birth etc.), payment details, delivery address, invoicing address. Geberich and/or Processor will store Your data on computers or otherwise. Data will be held on the servers located within the EU or the country offering an adequate level of data protection. The purposes for which Your personal data will be processed are set out below. Please expressly indicate Your consent to the processing of Your personal data for these purposes by checking the relevant check-boxes on Our Website when placing the Order.
11.2. Geberich and/or Processor will process Your personal data in an ethical manner. It will be used for the following purposes:
– to process Your order;
– to provide You with the copy of the Contract and/or confirmation of the Contract;
– to issue You invoices regarding Your orders;
– to deliver Your orders to You;
– to reimburse Your payments, if necessary;
– to facilitate the returns of Your orders, should they occur;
– to identify You when You call Geberich regarding any issue related to the Contract;
– to anonymize Your personal data and process them for assessment and analysis (e.g. market, customer, product analysis) to enable Geberich to review, develop and improve the services which Geberich offers and which enable Geberich to provide You with relevant information through Our marketing information; and/or
– to notify You by phone, post, SMS, e-mails of any Products that Geberich thinks may be of interest to You unless You inform Geberich that You do not wish to receive such information.
11.3. Geberich and/or Our Processor may also disclose Your information to Our partners – third parties who perform Our or Your obligations under the Contract (couriers, payment systems etc.) or to the police or any other regulatory or government authority where Geberich is legally required to do so.
11.4. If You do not wish Geberich and/or Our Processor to notify You of any additional products or services that Geberich thinks may be of interest to You, please inform Geberich and/or Processor by e-mail or phone set out in the section headed “Our details”.
11.5. Geberich and/or Processor tries to ensure that all customer data is up to date and correct. Therefore, if any of Your personal details change, please let Geberich and/or Processor know by contacting customer support. When ordering online, Geberich will provide a possibility for You to correct any input errors.
11.6. If you send any photos via electronic messages, including via WhatsApp messenger system, it is your sole responsibility to avoid photographing any third persons and forwarding their photographic personal data to Us. If photos containing photographic personal data of third persons is received, We reserve the right to demand from You a written consent of the person(s) photographed to use their photographic personal data and transmit it to us for the purposes consistent with these Terms and Conditions. Failing receiving such consent within 1 (one) calendar day, We consider the photographs not received, delete them from Our open WhatsApp dialogue window and memory of any relevant device on Our side, and do not process the photo regarding the Order.
12. Cookies and Analytics
12.1. The Website might use cookies and other behavior tracking technologies. They might be used to help us understand Your preferences based on previous or current site activity, which enables us to provide You with improved services and supply additional security measures. We compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on Our behalf.
12.2. Cookies are small files that a site or its service provider transfers to Your computers hard drive through Your Web browser (if you allow) that enables the sites or service providers systems to recognize Your browser and capture and remember certain information.
12.3. You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off all cookies. You do this through Your browser settings. Since every browser is a little different, look at Your browsers Help Menu to learn the correct way to modify Your cookie settings.
12.4. We do not include or offer third-party products or services on our Websites, other than listing systems compatible with the Geberich’s products.
12.5. The Website uses Google Analytics. Geberich, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to optimize the website experience.
13. Liability
13.1. We shall have no Liability to You for any incidents, damages and losses which, at the time You entered into this Contract was not a reasonably foreseeable consequence of Us breaching these terms and conditions, for example, if You and/or Geberich could not have contemplated such losses before or at the time when We entered into a Contract.
13.2. We shall have no Liability to You for any result of the missing of the expiry term of the Product if You used it without following the instructions attached to the Product and/or contained in the Contract as well as on the Website.
13.3. Nothing in these Terms shall limit or exclude Your statutory rights which may not be excluded or limited by law due to You acting as a consumer and/or due to any applicable law. Any provision which would be void under any consumer protection legislation or other applicable legislation shall, to that extent, have no force or effect.
13.4. We do not guarantee that the Website will be compatible with Your device and accept no Liability for any corruption and/or loss of data held on Your device, or any Liability for any other loss or damage of any kind caused to Your device resulting from use of the Website.
13.5. A legal guarantee of conformity for the Products is applicable with special aspects for the foodstuffs.
14. General
14.1. Unless otherwise is applicable, the Contract is governed by Swiss legislation.
14.2. If any provision of these Terms is found by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
14.3. Geberich shall have no Liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including, denial of service attacks, internet disruption, war, flood, fire, strikes, lock outs, riots, civil commotion, malicious damage, explosions, governmental actions, pandemics and any motions of state authority and legislature passed in this regard, as well as any other similar events. If We are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
14.4. All third-party rights are excluded, and no third party shall have any right to enforce the Contract. Any rights of a third party to enforce these Terms may be varied and/or extinguished by agreement between the parties.
14.5. By accepting these Terms and Conditions You confirm that You are over 18 years old and have read, understood and agree to these Terms.
14.6. You also consent to the processing of Your personal data for the purposes set out in these terms and conditions as set out in Section 11 hereto.
14.7. Geberich has the right to modify, vary or amend these Terms from time to time. Amendments shall be effective from the date determined in them. Amendments are binding for You, unless You have rejected them in writing prior to the day the amendments become effective. We shall publish the amendments of the Terms on Website at least 10 (ten) calendar days before the amendments become effective.
15. Our Details:
You can use these details to communicate with Us, including for withdrawal cases. For Your electronical letters please use Your e-mail address which You used during order placement, if You have placed any orders.
In case of a REFUND, the goods must be shipped to the local warehouse address of the partner providing logistics and warehousing services to GEBERICH OÜ.
SWITZERLAND: Swiss Fast Services SA, Viale S. Salvatore 3, 6900 Lugano Paradiso (CH);
AUSTRIA: LogPOINT Logistics Services, Althanstraße 12, Ladestraße 2 / Tor 99, A-1090 Wien;
GERMANY: MBE Deutschland GmbH (OnlineMBE Germany), Mail Boxes Etc. 0001, Charlottenstr. 17, DE-10117 Berlin;
FRANCE: OMNIPACK Sp. zoo. UL.SZCZECIŃSKA 49, 66-400 GORZÓW WIELKOPOLSKI, Park Panattoni Rampa 48, Poland;
PORTUGAL: Neo Logistics Iberia SL – Calle Valderribas 51, 28007 Madrid, Spain;
SPAIN: Neo Logistics Iberia SL – Calle Valderribas 51, 28007 Madrid;
ITALY: Neo Logistics Srl, Via Silvio Di Gregorio 20-22, 65020 – Bolognano (PE).