Terms of Use Agreement

1. General

welcome to the SwissHerbs website (the "Website"). These SwissHerbs Terms of use (“Terms”)  set forth the agreement between SwissHerbs Pharma GmbH, a company incorporated under the laws of Switzerland, with its registration number CHE-454.366.674 and its registered office at 9443 Widnau, Canton St. Gallen, Switzerland  (“SwissHerbs”) and/or any of the SwissHerbs affiliated companies (together "We", "Us", "Our” or “Swissherbs”), and each user ("User", "You" or "Your") with respect to the access and use by You of the Website, including, without limitation, the creation and use of Your personal SwissHerb account (“Account”), the purchase by You of products and services available on the Website (“Products”), the use of the SwissHerbs health-check recommendation feature (“Health Check”) and the participation in the SwissHerbs referral program (“Referral Program”) (collectively, “Features”).

Please thoroughly read these Terms before using the Website, any Feature or disclosing to Us any personal information. By engaging in any of the foregoing, You accept and agree to be bound by these Terms. If You do not agree to be bound by these Terms, You should not further use the Website or any Feature.

We reserve the right to change these Terms at Our sole discretion at any time and from time to time. You should periodically visit this page to be updated of any such changes. The date of the last update of these Terms is set out at the top of this document. We will post an appropriate notice with respect to such changes at the top of this page and/or give reasonable advance notice to You in the Account or by other means (e.g., via email notification). Any non-material change to these Terms will become effective on the date the change is posted and any material changes will become effective thirty (30) days from their posting on the Website. Your continued use of the Website and/or Features after the date of changes to these Terms indicates Your agreement to such changes.

2. Usage

By using the Website or any Feature, You confirm that: (i) You are at least eighteen (18) years of age and are fully able and competent to enter into these Terms; and (ii) You have carefully read and agree to be bound by, these Terms. If You are under the age of eighteen (18), You are not permitted to use the Website or any Feature.

Because of the nature of the World Wide web, We cannot prohibit minors from visiting the Website. We require that (i) all purchases on the Website be made by adults 18 years of age or older, and (ii) all users who provide personal information to Us be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent.

You agree not to use the Website or any Feature for unlawful of fraudulent purposes or in any manner that would interfere with normal operation or infringe on any other use of the Website and Features.

If You are dissatisfied with any portion of the Website or any Feature or with any of the provisions of these Terms, Your sole and exclusive remedy is to discontinue using the Website or the respective Feature.

You agree that We may terminate or suspend Your access to all or part of the Website or any Feature, with or without notice, for any conduct that We, in Our reasonable discretion, believe is in violation of any part of these Terms or any applicable laws or regulations or is harmful to another User or Us.

We reserve the right to modify or discontinue the Website, any Feature or any portion thereof at our sole discretion at any time and from time to time, temporarily or permanently.

3. Not Medical Advice

No medical advice is provided on the Website or by means of any Features, content, materials, information, services, or tools made available on or via the Website (the “Materials”), and in particular the Healthcheck or any Product labels, packaging or recommendations.

Any and all Materials are meant for informational, educational and entertainment purposes and are not a substitute for medical professional advice, or disease diagnosis, treatment or prevention.

We do not encourage self-treatment or self-management of medical conditions. You should never, due to any Materials that You accessed or have been provided on, the Website, delay or dismiss the seeking of, or neglect, actual medical advice.

Always seek the advice of a qualified physician or other healthcare professional with respect to a medical condition, diagnosis or treatment options. In particular, You should consult Your physician about interactions between medications You are taking and any Products.

SwissHerbs does not recommend or endorse any specific Products, tests, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any of the Materials is exclusively at Your own risk.

4. Account

In order to purchase Products and/or use certain Features You are required to establish an Account by completing the applicable registration process, providing the required registration information, including Your valid email, and creating a set of unique credentials (username and password). Creation of Accounts is available to individuals only. We do not accept to create Accounts for legal entities and by creating an Account You represent that You act as an individual or on behalf of an individual.

Upon creating the Account You agree to provide accurate, true, complete and current registration information about Yourself and to promptly update such information, as the case may be. Should You provide any inaccurate, false, incomplete or outdated information or should We have reasonable suspicions that such information is inaccurate, false, incomplete or outdated, or that the Account is used for illegal or fraudulent activities, or that activities from Your Account are in violation of these Terms, We reserve the right to suspend or terminate Your Account and prohibit any and all current or future use by You of the Website or any Features.

You are entirely responsible for maintaining the confidentiality of Your Account credentials and are fully responsible for all activity that occurs from Your Account. You must immediately notify Us of any disclosure of Your Account credentials and/or any unauthorized use of Your Account and ensure that You sign out of Your Account at the end of each session. You agree to be responsible for all charges resulting from the use of Your Account including charges resulting from unauthorized use of Your Account. We are not liable for any loss or damage resulting from Your failure to comply with the requirements of this section.

5. Product Purchases

All Products available for purchase and purchased on the Website are for personal use and final consumption. You agree that by purchasing Products on the Website You will not in any way resell these Products and will only use these Products for Your own personal use and NOT for commercial use.

Product Specification

Despite Our best efforts there may be errors in Product description (size, weight, ingredients, etc.) on the Website. Vendors do not always send updated product changes in a timely manner. Subject to any provisions of applicable laws that cannot be derogated from and to any of Our applicable disclaimers and limitations of liability set forth in these Terms, Your sole remedy is a refund in accordance with the terms of Section “Return and Refund Policy” of these Terms.

Product ratings, reviews, recommendations and/or comments made provided on the Website by SwissHerbs personnel or by Website Users are strictly their own personal views made in their own personal capacity and are not claims made by Us nor do they represent Our positions or views.

Always check the Product label or packaging prior to using any Product. If there are discrepancies, You should follow the information provided on the Product label, packaging or directions. You should contact the manufacturer directly for clarification as to Product labeling, packaging and directions details and recommended use.

Pricing and Availability

We reserve the right, at Our sole discretion, to refuse or cancel any order for Products for any reason. Some situations that may result in Your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in Product or pricing information; Product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified with respect to credit and fraud avoidance.

Prices and availability of Products offered on the Website are subject to change without notice. Errors do occur and We do not warrant that Product descriptions, prices, availability or other related content on the Website are accurate, complete, reliable, current, or error-free.

If a Product becomes discontinued, out of stock or otherwise unavailable and Your order only contains this one single Product, Your order will be cancelled automatically and, if applicable, you will receive a refund. If Your order contains multiple Products, We will cancel from Your order that which is unavailable and ship the remaining portion of Your order. We will not be held liable for partial shipments due to discontinued or out of stock items.

Despite Our best efforts, a small number of Product items in Our catalog may be mispriced. In the event that a Product is listed at an incorrect price or with an incorrect description or other information, We shall have the right, at Our sole discretion, to refuse or cancel any orders placed for that Product and notify You of such refusal or cancellation. If you already paid for the respective Products, you will receive a full refund. Alternatively, We may contact You for instructions and proceed with a modified order reconfirmed by You.

Payment and Shipment

Product prices displayed on the Website do not include: (i) any import duties, tariffs, value-added and similar taxes applied in the country of destination which, if assessed, will be Your responsibility; (ii) shipping and handling charges, which will be added to Your total invoice price and which You agree to pay. Shipment rates and terms vary based on destination, package weight and dimensions, selected shipper and shipping method.

The risk of loss and title for Products passes onto You upon Our delivery to the shipping company.

We partner with Stripe Inc. and its affiliates in order to enable, facilitate and process online payments for Products. For Your convenience, generally You will not be charged until Your payment method is authorized, the order information is verified for accuracy and Your order is has entered the shipping process. We handle payment returns and refunds in accordance with Our Return and Refund Policy (see Section 6 below).

6. Returns and Refunds Policy

Defective Products or Errors in Specification

In the event that You are shipped defective Products or Products that do not match the Product specification at the time You placed Your order We may issue a refund or send You a replacement Product, on the following terms:

  • You must notify Us of the defect within seven (7) days of the date of delivery by TTS (trouble ticketing system) or by email help@swissherbs.com, with a reference to the number of the Product order and a description of the nature of the Product’s defect or error in description
  • We may ask You to e-mail us pictures of the defective Product or even return the Product to Us the Product to Us before taking action
  • If We determine that We indeed shipped a defective Product or used an inappropriate specification of the Product, We will either issue a refund for the cost of such Product or replace the Product at no additional cost to You and refund confirmed reasonable costs that You may have incurred in handling the return of the defective Product to Us.

Unused Products

You may return any unused and unopened Product purchased from Us for any reason and will be refunded for the price of the returned Product, on the following terms:

  • To initiate a return You must first make an online return request at TTS (trouble ticketing system) specifying the number of Your order and the Product You wish to return. Having received and reviewed Your return request, upon return approval, We will issue You a Return Authorization Number (RAN) and specify the return address (which shall be the shipping location wherefrom the Products was shipped to You). You must print out and attach the RAN or otherwise specify it alongside the returned Product. If You return the Product without the assigned RAN, You will not be refunded.
  • We must physically receive the returned Product at Our shipping location within thirty (30) days of Your purchase date. You will bear the cost of return shipping
  • Returned Product must be intact and in its original unbroken packaging. We do not accept returns of Products that have been opened or used. Opened or used Products are non-refundable
  • Shipping and handling fees are non-refundable
  • We reserve the right to reject at Our sole discretion any return that does not comply with these return requirements
  • For approved Product returns We will credit the refund amount using the payment method that You used to pay for the returned Product

7. Referral Program

Once You create an Account, You will receive a customized link to the Website (“Referral Link”), which will be linked to Your Account, and which You can use to refer other Users to the Website and Features (“Referral”). For this purpose, You can post or share the Referral Link and advise such potential users to use it in order to access the Website. Any User that has accessed the Website by using the Referral Link shall be referred to as a “Referred User”.

You will be solely responsible for the sharing or posting of the Referral Link on any website, resource or account and for complying with any applicable terms and requirements. You are not permitted to post or share the Referral Link on the Website (e.g. in reviews, Q&A, etc.) or on any official SwissHerbs social media account or website. Without prejudice to Our right to terminate Your participation in the Referral Program for failure to comply with this restriction, any Product orders of Referred Users accessing the Website from the aforementioned websites or resources shall be disregarded for the purposes of the Referral Program.

We will track orders of Referred Users. For any order for Products placed by a Referred User on the Website during ninety (90) days after the first accessing of the Website via the Referral Link, which has been completed, shipped, and paid (a “Completed Order”), You will earn a credit (“Referral Credit”) equivalent to:

  1. 5% of the value of the respective order, less that portion of order value referred to in par. b); and
  2. 10% of the value of the respective order for Swissherbs’ exclusive Products, as marketed under "Swiss Energy" trademark; and
  3. an additional percentage credit in the event that We, at Our sole discretion and from time to time, decide to run a special promotional program as part of the Referral Program.

Subject to the below restrictions, there are no limitations to the amount of Rewards Credits that You can receive.

Referral Credits will generally be applied to Your Account up to [35] days following a relevant order becoming a Completed Order and will be available for You to use in accordance with these Terms for [60] days (“Available Credits”), after which they will expire. Once an Available Credit has been used in any manner allowed by these Terms, that amount will be deducted from Your Account.

Your Available Credits will appear in Your Account and in Your Website shopping cart and will automatically apply to Your future orders for Products. Available Credits cannot be used towards any shipping costs, sales taxes, or other similar charges.

You may elect to cash out otherwise unused Available Credits once such credits per any particular Account have reached 100 USD. Cash-out payments shall be performed by bank or e-money transfer only. You can request a cash out using only the payment methods made available by us in Your Account. Payment will generally be delivered within twenty (20) business days after You exercise Your option to cash out in the Account.

We may adjust any unused Referral Credit in the event that a Referred User subsequently returns or refuses a Completed Order in total or in part for any reason. We also reserve the right to invalidate Referral Credits if We determine that such credits were improperly credited to Your Account, obtained fraudulently or in violation of these Terms.

Except to the extent expressly provided in these Terms, Referral Credits do not constitute property, do not entitle You to a vested right or interest, and have no cash value. As such, Referral Credits are not redeemable for cash and are not saleable, transferable or assignable for any reason.

You will be solely responsible for any and all tax liabilities arising from any Referral Credits that You earn and/or use under the Referral Program. Should We be required by applicable laws and regulations to apply, withhold or deduct and/or any taxes or duties of fiscal a nature to the Referral Credits earned by You, such withholdings or deductions shall be at Your expense and We shall have no obligation to grant or pay to You any additional amounts to make up  for such withholdings or deductions.

We assume no liability for discrepancies, delays, omissions, inconsistencies or errors in the calculation and the crediting of the Referral Credits. Our decisions with respect to the Referral Program, including without limitation, the qualifying purchases, Referral Credits and Account balances are final and binding on You and non-appealable in all respects.

Your participation in the Referral Program is voluntary and is effective until terminated by either Us or You. We reserve the right to suspend or terminate Your participation in the Referral Program and/or to pause, reduce or cancel Your Referral Credits if We determine in Our sole discretion that You are, or a relevant Referred User is, in violation of these Terms or any other applicable of Swissherbs terms, or in any way abusing the Referral Program or if any type of fraudulent or suspicious activity is detected or reasonably suspected. We will send You an email notification when terminating You participation in the Referral Program or pausing, reducing or canceling Your Referral Credits.

We may change Our policy or set limitations and restrictions on this Referral Program at any time and without prior notice. Except as expressly stated above, We shall not have any liability or obligation with regards to the application of the Referral Program and any decision We make in relation to Your Referral Credits.

Upon enrolling into the Referral Program, You undertake that:

  1. Your social media profiles, email accounts, websites and blogs shall not use domain names or usernames including the word “SwissHerbs” or variations thereof, resemble the Website, include any content that could imply an affiliation with SwissHerbs (except the posting or sharing of the Referral Link) or contain an avatar or any other content that could be interpreted as being managed by SwissHerbs;
  2. You shall not create or utilize any application (browser plugin, extension, executable, etc, installable by an end user) on any device that might imply affiliation with SwissHerbs;
  3. Your emails shall not look as if they are being sent or sponsored by SwissHerbs;
  4. You will not engage in and/or facilitate spamming, unsolicited commercial emails or otherwise fail to comply with the applicable laws and regulations that govern email communication and marketing and/or privacy and protection of personal data.

Any misuse of the Referral Program will result in immediate termination and forfeiture of all accumulated Refferal Credits.

8. User Content and Conduct

“User Content” means any form of information or content, such as reviews, comments, images, videos, text and audio, generated by any Website User.

We shall not be liable for any User Content provided on the Website. You agree that You must evaluate, and bear all the risks that are associated with the use of, or reliance on, any User Content, and/or its accuracy, completeness or usefulness.

You must register via an Account (see Section 4) to be permitted to submit and/or post User Content on the Website. With respect to any User Content You agree to grant SwissHerbs a perpetual, irrevocable, worldwide, royalty-free license to make use of such User Content, with the right to, in any media, preserve, reproduce, modify, translate, transmit, disclose, distribute, publish, display, create derivative works of, and sublicense any such User Content or part thereof. We shall not be responsible for any third party’s use or misappropriation of any User Content You submit. Accordingly, do not share with Us anything that You would not like to be shared with the general public.

All User Content must comply with the guidelines provided in this Section 7. SwissHerbs reserves the right to moderate, review, reject and/or remove in its own discretion, at any time and from time to time any User Content. In particular, should You like to share feedback with Us about Product selection, pricing, ordering, delivery, or other customer-related issues, please contact Us directly via available contact channels. Do not submit this feedback through a Product review. Any such reviews will be removed from the Website.

You represent and warrant that You WILL NOT submit or post on the Website any User Content that:

  • is made for self-promotional or other commercial purposes of Your own
  • references SwissHerbs competitors or products other than the Products
  • purports to give medical advice
  • is known by You to be false, inaccurate or misleading
  • is illegal
  • is or may be reasonably considered to be defamatory, libelous, hateful, discriminatory, offensive, threatening or harassing to any individual or entity
  • contains any personal information without the individual concerned having consented to such submittal or posting
  • violates any copyrights or other intellectual property rights, any contract, privacy or publicity rights or any other rights of any person or entity

Should any person or entity make claims against Us with respect to User Content submitted or posted by You in breach of this Section 7, You agree to compensate Us for any resulting harm, damage, loss, liability and reasonable attorney’s fees and expenses. You agree to cooperate as reasonably required in the defense of any such claims, provided, however, that We reserve the right to assume the exclusive defense and control of any such matter.

Continued violations of the terms of this Section may result in Us suspending or blocking Your Account with respect to submitting or posting User Content. 

9. Privacy

Your privacy and security are a top priority at SwissHerbs. Please review the SwissHerbs Privacy Policy, which applies to personal information obtained from or provided by You on the Website.

10. Consent to Communications

Where required by law, set forth in these Terms or where You have otherwise opted in, You consent to receive email communications from Us to the email address provided to Us upon establishing Your Account or as subsequently updated.

You hereby confirm and represent that the email address You have provided to Us is Your email address and not someone else's. You agree to promptly notify Us whenever You stop using such email address.

You can opt out of receiving informational and marketing email communications from Us by following the unsubscribe instructions included in each such email. To the extent You have an active Account, You cannot opt out of receiving important communications regarding the Account, Features, updates to these Terms and/or Our Privacy Policy and any other notifications which may be required by law.

11. Disclaimers and Limitations of Liability

Liability limitations and disclaimers provided for in this Section 10 shall apply to SwissHerbs and to SwissHerbs’ officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, for the purposes of this Section 10, "We", “Us” and “Our”). The limitations of liability set forth herein are inherent elements of the relationship established between Us and You. The Website, the Products, and the Features, information, materials and services offered on and through the Website (together, the “Content”) would not be provided without such limitations.

You agree that the use of the Website, the Products and/or any Content is at Your sole risk. The Website, the Products and any and all Content are provided on an "AS IS" and "AS AVAILABLE" basis, except as otherwise expressly provided in these Terms.

The following disclaimers shall be without prejudice to the generality of the foregoing and to other disclaimers set forth elsewhere in these Terms and are provided to the fullest extent permissible by applicable law. We expressly disclaim:

  • any and all warranties, whether express or implied, with respect to the Website, the Products and/or any Content, including, but not limited to the warranty that the Website, the Products and/or any Content will meet Your requirements or expectations, will be timely, complete, secure, error-free, uninterrupted, accurate or reliable, or will be free from corrupted data, computer viruses or similar destructive or contaminating code
  • any implied warranties of Website, Products’ and/or any Content merchantability, fitness for a particular purpose and non-infringement
  • any and all liability for Product defect, failure, normal wear, misuse or modification, abuse, incorrect selection, not following Product directions
  • any and all liability for any indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), even if We have been advised of the possibility of such damages
  • any and all liability for statements or conduct of any third party on the Website.

Subject to the foregoing, to the maximum extent permitted by applicable law Our sole and entire maximum liability to You for any reason, and Your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by You for any Product or Feature purchased by You from SwissHerbs on the Website.

You agree that any claim or cause of action arising from or relating to the use of the Website, any Products or Content or otherwise relating to these Terms must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred, subject to any provision of applicable law that cannot be derogated from.

12. Indemnification

You agree to indemnify, defend and hold harmless SwissHerbs from and against all losses, expenses, costs and damages including reasonable attorney's fees resulting or arising from Your use of or conduct on the Website, Your participation in the Referral Program, any of Your Website postings, User Content or materials that You submit to, post on or transmit through the Website, or activity related to Your Account made by You or another person, Your violation of any terms of these Terms, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations.

You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You. You shall not in any event settle any matter without prior written consent of SwissHerbs.

Our failure to enforce Your strict performance of any term of these Terms will not constitute a waiver of such term and will not be considered a waiver or limit Our right thereafter to insist upon strict adherence to that term or any other term hereof.

13. Intellectual Property Rights

You acknowledge that the Website, the Features and any and all information and materials made available or provided on the Website, including the Website’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, the "Materials"), are Our property and are subject to and protected by copyright, trade secret and/or other intellectual property laws and rights. The logos, trademarks, service marks and trade names contained on the Website (collectively, "Marks"), including without limitation “SwissHerbs” are the sole property of SwissHerbs.

SwissHerbs grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by SwissHerbs for Your personal and non-commercial use only, this license to be in effect until these Terms apply to You. All right, title and interest not expressly granted herein are reserved by SwissHerbs and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.

14. Contact channels

You can contact Us and submit any concerns or complaints in respect of the Website, Products (including, without limitation, orders and payments), Features and/or these Terms by means of the help desk ticketing system built into Your Account or by email at  help@swissherbs.com.

15. Agreement and Governing Law

These Terms constitute the only agreement between Us and You with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter hereof.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remainder of these Terms will remain in force.

These Terms and all matters concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any choice of law or conflict of law provisions.

These Terms apply to You until terminated by either Us or You. We, in Our reasonable discretion, may suspend or terminate the application of these Terms at any time without notice and deny You access to the Website, the Features or any portion thereof if, in Our determination, You fail to comply with any term or provision of these Terms or Your use is harmful to the interests of SwissHerbs or of another User. You may terminate the application of these Terms at any time by discontinuing all use of the Website or, as applicable, by deleting Your Account. Upon termination We shall coincidentally cease to provide You the benefit, services and functionality of the Website and Features.

Those sections and provisions of these Terms which, by their nature, are meant to apply even after termination of the application thereof to You, will survive such termination, whatever the reason. Or the avoidance of doubt, this includes, without limitation, provisions of these Terms on distribution of risks, disclaimers and limitations of liability, as well as sections on: Privacy; Indemnification; Intellectual Property Rights and Agreement and Governing Law.

 

 
 
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