Terms of service
Online Sales Contract
algaemie.swiss and any related subdomains
Identification of Seller
The goods subject to these general terms and conditions are offered for sale by algaemie, with registered office at c/o startu space AG, Neuhofstrasse 12, 6634 Zug, Switzerland email info@algaemie.swiss, VAT number CH-170.4.022.271-2, hereinafter referred to as ‘Seller’.
1. Definitions
1.1 The term ‘online sales contract’ or ‘contract’ shall mean the contract of sale of tangible movable property of the Seller, concluded between the Seller and the Buyer within the framework of a distance selling system using telematic means, organised by the Seller.
1.2 The expression ‘Purchaser’ shall mean the natural person who makes the purchase, referred to in this contract, for purposes that are not related to any commercial or professional activity carried out.
1.3 The expression ‘Seller’ means the subject as identified above or the subject who sells the goods through the website indicated in the following article.
2. Subject Matter of the Contract
2.1 The Vendor hereby sells and the Purchaser purchases at a distance, by means of telematic means, the tangible movable goods presented and offered for sale on the algaemie.swiss website and other related sub-domains.
2.2. The products referred to in the previous point are displayed, with specific and detailed indication of their characteristics, in the dedicated section within the web portal that can be reached at the address: https://algaemie.swiss/collections/all and in other linked sub-domains.
3. Conclusion of the Contract and Acceptance of the General Conditions
3.1 The contract between the Seller and the Purchaser is concluded exclusively via the Internet in remote telematic mode, through the Purchaser's access to the web address algaemie.swiss and other connected sub-domains, where, following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the algaemie.swiss website, it is necessary to have an Internet connection, the costs of which are borne by the Buyer under the terms established by its connectivity vendor.
3.2 These general terms and conditions are valid from the day of conclusion of this contract and may be updated, supplemented or amended at any time by the Seller, who shall give notice thereof via the pages of the algaemie.swiss website and such updates/amendments and/or supplements shall be effective for future purchases.
3.3 These general terms and conditions of sale must be examined ‘on line’ by the Purchaser, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance.
3.4 Acceptance of the sales conditions must be expressed through the proper completion of the registration form by the Buyer—whose personal data is processed according to the procedures outlined in the Privacy Policy—and acceptance of the "Terms and Conditions of Sale." The purchase form, filled in by the system after the selected products are added to the electronic cart, must be submitted. Before the final submission of the order, the Buyer will be asked to review the cart contents, with a summary of the details, including the buyer's and order details, the price of the selected goods, any shipping costs, additional charges, payment methods, delivery address, and order confirmation. Once the delivery address is confirmed, in the dedicated pop-up, it can no longer be modified.
3. 5 By confirming the Order by clicking on ‘Check-out’, the Purchaser declares that he/she has consciously accepted the contents and conditions of the Order in question and, in particular, these General Sales Terms and Conditions, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser, as well as the payment terms, declaring that he/she has read and accepted all the information provided by him/her pursuant to the above-mentioned regulations, also acknowledging that the Seller does not consider itself bound to different conditions unless previously agreed in writing.
3.6 When the Seller receives the order from the Purchaser, the latter shall send an e-mail confirming receipt of the order or display a web page confirming and summarising the order, which also contains the data referred to in point 3.4. The confirmation e-mail therefore contains: the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.
4. Purchase Methods and Sale Prices
4.1 The products, prices and conditions of sale present on the Site - within the limits of their availability - do not constitute a public offer to the consumer; therefore, they must always be considered as indicative and subject to express confirmation by e-mail by the Seller once payment has been made, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the Website algaemie.swiss and other related sub-domains are indicated in Swiss Francs and are the prices in force at the time the Order is sent by the Purchaser. The Seller may change the sales prices of the products at any time and without prior notice. Such change shall in any case be notified to the Buyer before any Order is sent.
4.3 The prices of the products are inclusive of VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination location selected by the Buyer when placing the Order and are displayed in the Order summary before the Buyer's request for Order confirmation. Please refer to Art. 9 of these General Terms and Conditions of Sale.
4.4 Receipt of the Order does not bind the Seller until the latter has sent the e-mail confirming payment with indication of the Order number as indicated in point 3.6.
4.5 The Purchaser expressly grants the Seller the right to accept even only part of the order placed (e.g. in the event that not all the products ordered are available). In this case, the contract shall be deemed to have been concluded with respect to the goods actually sold.
4.6 By accepting these contractual terms and conditions, the Purchaser expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried out.
5. Conclusion of the Contract
5.1 The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, formal confirmation of the order, with a communication (‘Order Confirmation E-mail’). The Contract is concluded in the place where the Seller's registered office is located.
5.2 The Order can no longer be cancelled when, whatever the payment method, the ‘conclude order’ button has been clicked in step 3 of the Order. After this step, you may only proceed with the return once the package has been received in the manner indicated in point 14.
6. Delivery Times and Methods for Purchases Made on www.algaemie.shop or Other Connected Subdomains
6.1 The Seller shall deliver the products selected and ordered, according to the methods chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in point 3.6.
6.2 Shipping times may vary from the day after the order is placed to a maximum of 30 (thirty) days from the confirmation of the order, as provided for by the regulations in force. In the event that the Seller is unable, for any reason whatsoever, to ship the goods within said term, it shall promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase procedure. Here is the link for information regarding shipping to Switzerland: https://algaemie.swiss/policies/shipping-policy.
6.3 At the time of delivery, the Purchaser is required to check that:
a) the number of packages delivered corresponds to the number indicated in the transport document attached to the goods shipped;
b) the packaging is intact and not altered, including the closing tapes if present.
If the goods received do not correspond to the order placed or the products ordered are missing, the Purchaser must report this discrepancy within 5 (five) days of receipt of the package by contacting the Seller directly by filling in the appropriate customer service form (https://algaemie.swiss/pages/contact). The Vendor may request appropriate descriptions and evidence to prove the discrepancy (e.g. photographs) and reply positively to the Customer if it finds that the discrepancy is real and not attributable to the Customer. A partial return may also take place that concerns only the products sent in error, provided that they are intact and with their seals. If the Purchaser requests a return for the wrongly sent product and the correct one is shipped and the latter is not available at the time, the Seller shall proceed with the refund and the shipping costs shall be borne by the Seller.
6.4 In the event that the goods delivered show any damage presumably caused by transport, the Purchaser may refuse the delivery and immediately notify the Seller, which will make the necessary complaints to the forwarding agent, providing for a new shipment once it has received the disputed goods.
6.5 If the Purchaser nevertheless decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his rights, he shall notify the courier of the unsuitability of the packaging, affixing the word ‘GOODS SUBJECT TO INSPECTION BY ...’ (indicating the reason for the complaint). (indicating the reason for the reservation in question) on the delivery document, a copy of which must be retained, and then proceed to make an immediate report to the Seller.
6.6 If the tracking shows that the goods have been delivered, from that date the Purchaser may, within the following ten days, open a report with Customer Care for non-delivery. The Seller shall proceed to the appropriate verifications with the forwarding agent, if necessary granting the Purchaser either a new shipment or a refund of the amount paid.
7. Prices and Payments
7.1. All sales prices of the products are indicated at https://algaemie.swiss/collections/all or any other page available within the website and are expressed in Swiss francs.
7.2 The sales prices referred to in the previous point include VAT and any other taxes. Shipping costs and any additional charges, if any, even if not included in the purchase price, are indicated and calculated in the purchase procedure prior to the forwarding of the order by the Purchaser and contained in the web page summarising the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3 Any promotional offers are specifically indicated and marked within the site with the word ‘GIFT’. In order to receive the free gifts, please refer to the specific section of the site with the indications of the spending ranges for receiving them ( https://algaemie.swiss/ ) .
7.4 The Purchaser warrants to the Seller that he has the necessary authorisations to use the payment method chosen for his Order at the time the Order is sent. Payment methods provided: Credit Card / PostePay; Scalapay; PayPal Account; Amazon Pay; Bank Transfer;
7.5 All Orders are payable in Swiss francs, including taxes and compulsory contributions. Any bank charges shall be borne exclusively by the Purchaser (even in the event of a refund). The bank transfer shall be made within 10 (ten) days from the Order, - after which the Order shall be automatically cancelled with notification to the Purchaser by automatic e-mail.
7.6 The ownership of the ordered products shall remain with the Seller until the entire consideration for the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are fully paid by the Purchaser. All orders, before being processed, are subject to genuineness checks directly by the relevant credit card issuing institutions for the protection of the customer. If, for any reason whatsoever, it is not possible to debit the amount due, the sale process shall be automatically cancelled and the sale shall be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer shall be informed by automatic e-mail communication.
7.7 Communications relating to the payment and the data communicated by the Customer at the time the payment is made take place on specially protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
8. Product Availability
8.1 The Vendor shall ensure through the telematic system used that orders are processed and fulfilled without delay. To this end, it indicates in its electronic catalogue, with the quickest possible updates, the products available and those not available, as well as an estimate of order acceptance.
8.2 Should an order exceed the quantity available, goods not available at the time of the order shall be automatically removed from the shopping cart.
8.3 The Seller's computer system shall confirm the registration of the order as soon as possible by sending the Purchaser a summary e-mail, pursuant to point 3.6.
8.4 Irrespective of the availability of the Products, the individual Purchaser may not order more than 30 items per purchase slot.
9. Orders
9.1 Please refer to the other contractual provisions for anything not expressly stated in this paragraph.
10. Seller’s Liability
10.1 The Seller shall not be liable for disservices attributable to force majeure or fortuitous events.
10.2 The Seller shall not be liable to the Purchaser, except in the case of fraud or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers.
10.3 In the event of inefficiencies related to the transporter, the Purchaser shall send a report to the Seller, who shall proceed to contact the Transporter as appropriate. In the event of loss of the package or other eventualities that cause non-delivery or incorrect delivery, the Seller, in agreement with the Purchaser, shall proceed either to refund or resend the order.
10.4 The Seller shall not be held liable for any fraudulent and illicit use that may be made by third parties of credit cards, cheques and other means of payment, for the payment of the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and on the ordinary diligence required.
11. Warranties and Support Procedures
11.1 The Seller shall be liable for any lack of conformity that becomes apparent within a period of 1 (one) year after delivery of the goods.
11.2 In any event, unless proven otherwise, it shall be assumed that any lack of conformity that becomes apparent within 1 year after delivery of the goods already existed on that date, unless such assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
11.3 In the event of a conformity defect, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet or is excessively onerous for the Seller. Products that show clear signs of tampering or faults caused by improper use or external agents that are not attributable to manufacturing flaws and/or defects are not covered by the guarantee.
11.4 The claim shall be made in writing, using the Seller's customer service form (https://algaemie.swiss/pages/contact); the claim shall describe the defect, also by means of photographs and videos, as well as indicate the date of discovery of the defect. The Seller shall notify the Purchaser - if he is willing to comply with the claim - or the reasons preventing him from doing so, within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Purchaser's request, he shall indicate the method of dispatch or return of the goods as well as the deadline for returning or replacing the defective goods.
12. Seller’s Obligations for Defective Products, Proof of Damage, and Compensable Damages
12.1 The Vendor shall not be liable for the consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet permit the product to be considered defective.
12.2 No compensation shall be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the bad and/or incorrect use of the purchased goods, external causes (e.g. knocks, falls, etc.), carelessness and improper use shall not be attributable to the liability of the Seller.
12.3 In any case, the aggrieved party shall have to prove the defect, the damage, and the causal connection between defect and damage, also by means of descriptions, photographs and means available to the aggrieved party.
13. Buyer’s Obligations
13.1 The Purchaser agrees to pay the price of the purchased goods in the time and manner specified in this contract.
13.2 The Purchaser undertakes, upon completion of the online purchase procedure, to print and keep this contract received by e-mail as an attachment to the confirmation of the purchase order.
13.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser - who acknowledges this - before the purchase confirmation, through telematic procedures.
14. Right of Withdrawal
14.1 According to the provisions of the Consumer Code, the Buyer may, within the term of 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any warranty seal or simply opening and/or deteriorating the same outer packaging. Instructions here: https://algaemie.swiss/policies/refund-policy.
14.2 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for in Article 59 of the Consumer Code are not affected. In particular, the right of withdrawal is excluded for goods sold “made to measure” and in the case where the sales service concerns the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery (Art. 59 (e) Consumer Code. Please refer to the FAQ for any clarifications: https://algaemie.swiss/
14.3 Return costs will be the sole responsibility of the Buyer. Until the package is delivered to the Seller, the responsibility and custody of the package is the responsibility of the Buyer. Any loss or damage of the same may affect the refund.
14.4 Please also note that packages sent at the recipient's expense will not be accepted.
14.5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods for appropriate verification, but no later than 30 days from the date of receipt of the return form.
14.6 For Orders of less than CHF 50.00, CHF 7.50 will not be refunded as shipping charges. In addition, if gadgets and free products were included in the Order, even including “free samples,” if the same are not returned, CHF 5.00 will be deducted from the refund.
14.7 The Buyer and/or the recipient of the Order must necessarily complete the return form downloadable here https://algaemie.swiss/policies/refund-policy, duly completed and signed as instructed.
14.8 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in a condition such that they can be put back on the market (the grounds for exclusion set out in section 14.2 are recalled.) If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.
14.9 The return of products after the legal deadline for withdrawal and contract cancellation will not be accepted.
15. Termination of the Contract
15.1 If one Party is in default against the other with regard to any of the obligations under this contract, the other Party may request termination pursuant to art. 1453 c.c. et seq. without prejudice in any case to the right to compensation for damages.
15.2 Pursuant to art. 1456 c.c., the Party that intends to avail itself of the termination shall notify the other Party by sending a registered letter with return receipt, stating the reason; the effects of the termination shall commence from the date of receipt of the notice of termination resulting from the receipt returned to the terminating Party and the Purchaser shall only be entitled to the restitution of any amount already paid.
16. Failure to Collect the Package – Contract Termination
16.1 WHEREAS the pick-up of the product is a specific obligation of the Customer, at the time of entrusting the Order to the selected courier, the Seller will send specific email with which it will inform the Buyer of the imminent delivery, also through the shipping link. The status of the order placed and the tracking link are also always available by accessing their personal area.
16.2 The courier will make a first attempt at delivery on the date indicated by the tracking, in case of non-delivery will proceed to a second attempt, unless necessary corrections and changes in the address for which the Buyer himself will have to activate.
16.3 Made the second attempt unsuccessful for delivery, the package will be in storage at the Courier in the term established and indicated by the tracking page itself. Depending on the Courier, the stock can be released either by contacting it directly or by contacting Seller's Customer Service.
16.4 After the expiration of the storage period, the Order is returned to the Seller and the Seller will inform the Buyer that it may request the shipment again at its own expense no later than 5 days after receipt of the notice.
16.5 If even in this hypothesis the Order is not claimed, the Seller will communicate that the contract is rescinded by right and will proceed to refund the amount paid by the Buyer and dismantle the package no later than 30 days from the communication sent; together with the refund, any credited algaemie points will also be eliminated and the discount codes used will not be restored.
16.6 Where the Seller is not in a condition to be able to return the price paid due to incompatibility of the payment method used at purchase with an automatic credit, it will ask the Buyer to indicate the bank details on which he wants to receive the refund. After ten days without receiving a response, the Seller will issue a purchase voucher equal to the value of the price to be refunded and send it to the Buyer's contact addresses. With the issuance of the voucher, the Buyer shall have no further claim against the Seller.
17. Protection of Privacy and Processing of Buyer’s Data
17.1 The Seller protects the privacy of its customers and ensures that the processing of personal data complies with the provisions of current legislation on privacy and personal data protection.
17.2 The personal personal and tax data acquired by the Seller, the data controller, are collected and processed in the forms and in the manner provided for by the Privacy Policy of the site and the specific disclosures.
18. Communications and Complaints - ODR Platform
18.1 Direct written communications to the Seller and any complaints will be considered only if they are sent through the “Send a Request” channel, available at the link https://algaemie.swiss/pages/contact. Buyer agrees to indicate on the website registration form its residence or domicile, telephone number and e-mail address to which it wishes Seller's communications to be sent.
18.2 The Seller invites the Buyer to use the “Send a Request” channel available at the link https://algaemie.swiss/pages/contact to resolve any type of issue directly.
19. Applicable Law and Jurisdiction
19.1 This online sales contract is governed by Swiss law. Any dispute relating to the interpretation and execution of this contract shall be subject to the jurisdiction of the Court of the place where Buyer, as a consumer, has its residence.
19.2 Should any of the provisions contained in this online sales contract be deemed invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.