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1. Scope
The General Terms and Conditions (hereinafter referred to as “GTCs”) apply to all orders placed via Stimulis online shop (hereinafter referred to as “Stimulis.ch”) and all contracts concluded (hereinafter referred to as “orders”).
Thank you for reading this post, don't forget to subscribe!Stimulis.ch reserves the right to change the GTCs. The valid version of the GTCs at the time of placing the order shall apply. It may not be amended unilaterally for the relevant order.
2. Offers
Offers are made to customers who are either natural persons or legal entities domiciled in Switzerland or Liechtenstein. Deliveries may be made only to addresses in Switzerland or Liechtenstein.
Offers are valid for only as long as they appear on the online shop and/or while stocks last. Stimulis.ch may change its prices and product range at any time. The images used in advertising media, brochures, on the online shop, etc. as well as all information about the products themselves are for illustrative purposes only and are non-binding. Only the specific information displayed on the product packaging shall apply.
3. Pricing
Prices are displayed in Swiss francs. Value-added tax (VAT) is not applicable to us. Where applicable, prices also include the advanced recycling fee (ARF).
The prices stated on the online shop at the time of placing an order shall apply.
Orders placed for additional products or services subject to charge, e.g. delivery, cooling bags or cool boxes, etc. are listed separately in the shopping cart and on the invoice.
4. Ordering
The presentation of products on the online shop shall not constitute a legally binding proposal but rather a non-binding online catalog or non-binding invitation to customers to order a given product on the online shop. Stimulis.ch reserves the right to limit the delivery quantities of specific products and not to deliver orders involving exceptionally heavy or bulky products.
Stimulis.ch does not sell any alcohol to people under the age of 18. Customers purchasing such products declare that they are least 18 years old. Payment for initial orders involving alcoholic beverages is only possible by credit card. Furthermore, when purchasing alcoholic beverages, the date of birth must be added to the customer profile. Customers who have ordered alcoholic beverages must be able to show an identity card on request.
Placing an order shall constitute an offer to enter into a contract with Stimulis.ch.
All orders are subject to a minimum purchase value. The minimum purchase values and delivery cost guidelines stated on the online shop shall apply. For initial orders, the total value of the products in the shopping cart may not exceed CHF 2,000 (if payment is made by credit card) or CHF 500 (if payment is made by PayPal).
Following placement of the order, the customer is automatically issued with a confirmation by Stimulis.ch, documenting receipt of the order. Customers may cancel or add to their order only until order processing commences at one of our logistics centers. Additions to orders are calculated on the basis of the original order value. Any special offers and discounts applicable at the time of the addition are not taken into account.
Stimulis.ch may reject an order, either in its entirety or in part, without stating the grounds. In such cases, Stimulis.ch will inform its customers accordingly and refund any payments already made. No other claims shall be accepted. In particular, undeliverable products will not be delivered at a later date. Temporarily unavailable products cannot be pre-ordered.
5. Conclusion of a contract
A contract shall be deemed to be concluded when the order is processed at a Stimulis.ch logistics center. Customers will receive an order confirmation by e-mail as soon as the relevant order is ready for dispatch.
6. Delivery
6.1 Region
The customer’s delivery address must be in Switzerland or Liechtenstein.
6.2 Delivery times
It takes normally 3 to 5 working days to be delivered.
Delays may occur and specific delivery dates may be blocked, especially on peak days with unusually high delivery volumes. Customers will not be entitled to claim damages or make any other claims in relation to this.
Deliveries cannot be made on Sundays or national or cantonal holidays.
If the customer is not present at the delivery address at the time of delivery and has not given any special delivery instructions, the delivery will be left at the front door of the apartment/house or the reception/entrance of the company. Depending on the delivery time frame, orders may also be delivered to a neighbor living in the same building if this neighbor’s address and telephone number were entered in the customer’s account under “optional details” before the order was placed. If the customer’s letterbox is part of a letterbox system, delivery staff will place a collection notification in the customer’s letterbox. The customer will then be required to collect the delivery at the specified post office.
Customers will be responsible for delivered products, even if they have not been received in person by the customer.
6.3 Delivery costs
The cost of delivery depends on the total value of the ordered products (minimum purchase value excluding delivery charges, deposits and credits). The cost of delivery stated on the online shop and delivery cost guidelines apply. Delivery costs are listed separately in the shopping cart and on the invoice.
7. Warranty
Stimulis.ch guarantees the quality and shelf-life of its products under the following conditions:
- Non-refrigerated food products and dry goods must be stored in a cool, dry place.
- Refrigerated foods must be unpacked immediately upon delivery and stored at maximum of 2-5°C.
- Frozen products should be handled properly and stored at a temperature of -18°C or below without interrupting the cold chain.
For customers who can provide evidence confirming compliance with these storage conditions, Stimulis.ch guarantees that ordered products will meet the relevant standards until the relevant best-before date, though for no longer than two (2) years from the date of delivery. A statutory period of two (2) years from the delivery date applies for products that do not bear a best-before date.
Stimulis.ch can fulfill its guarantee through either partial or complete replacement by an equivalent product, a reduction in price or by issuing a credit note up to the sales price applicable at the time of the order.
Customers do not have a general right to return fault-free products that are delivered properly. Warranty claims are explicitly excluded for products whose intrinsic quality (for instance, their taste quality) does not meet the customer’s expectations, and for products ordered by mistake.
Stimulis.ch is not responsible for any orders that may be blocked by border. Customer needs to follow Stimulis.ch recommendation on orders quantity. No reimbursement will be applied on any circonstances if products are blocked.
8. Complains
Should delivered products exhibit clear damage to their packaging or contents, the customer must immediately complain to the delivery staff and refuse acceptance thereof. Any transport-related damage must also be reported to Stimulis.ch immediately.
Customers are also obliged to check ordered products immediately upon delivery and store them correctly. Any defects to or deviations from an order must be reported to the Stimulis.ch customer care service of the day of delivery, by sending an e-mail to servicedesk@stimulis.ch. Thereafter, customers may only claim for hidden defects that must be reported to the customer care service of Stimulis.ch immediately upon discovery. The amount paid by customers for defective goods is credited to their account. Stimulis.ch reserves the right to request proof of defects.
9. Modes of payment
Payments must be made in Swiss francs.
9.1 Electronic payment
Customers may pay using credit cards (Visa, Mastercard, American Express, Apple Pay, Google Pay) or a debit card (Maestro). When paying by credit card or debit card, the amount is charged when placing the order on Stimulis.ch.
9.2 Refunds, credits and vouchers
If a customer is entitled to a refund or other or credit, the relevant amount is credited to the relevant customer account and can be used for purchases at Stimulis.ch.
Stimulis.ch vouchers can be neither sold nor auctioned off. Only one voucher may be used per order.
10. Applicable law and jurisdiction
All legal relationships between Stimulis.ch and the customer are subject to the substantive law of Switzerland to the exclusion of conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
The place of jurisdiction for natural persons is Biel, Switzerland or the customer’s domicile. The exclusive place of jurisdiction for legal entities shall be Biel, Switzerland.
11. Contact / customer care service
Do you have any questions? Check out our FAQs section, which provides answers to the most frequently asked questions.
Queries should be addressed to the Stimulis.ch customer care service by sending an e-mail to servicedesk@stimulis.ch.
Version 1.0 / December 2022
Delivery cost guidelines
2. Delivery Costs
1. Minimum order value
1. Minimum order value
The minimum amount for items purchased on Stimulis.ch is CHF 20.–. Minimum amounts do not include delivery costs, deposits and credit notes.
2. Delivery costs
In addition to the final price, the following delivery costs will apply for each order:
- CHF 9.90 for orders below CHF 60.–
- FREE Shipping for orders above CHF 60.-
Version 1.0 / December 2022
Terms for Data Processors
1. Definitions
(a) The following terms have the following meanings:
(i) Applicable Data Protection Regulations: (1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulations; GDPR), (2) Federal Data Protection Act (SR 235.1) and the Ordinance (SR 235.11), and (3) the data protection laws and regulations of a Member State or another country; in each case in their current versions and to the extent these laws and regulations are applicable to the processing of Controller Data by the Controller and/or the Processor;
(ii) Controller Data: Personal data that are processed on behalf of the Controller (or of an affiliated company) by or for the Processor in relation with the Main Agreement;
(iii) Restricted Transfer: any transfer of Controller Data that would not be permitted, under the Applicable Data Protection Regulations, without the Standard Contractual Clauses in accordance with Sec. 10;
(iv) Main Agreement: the agreement concluded between the Controller and the Processor under which the Processor processes personal data on behalf of and in the interest of the Controller;
(v) Subprocessor: each party (except employees of the Processor or a Subprocessor) that is engaged by or on behalf of the Processor to process Controller Data in relation with the Main Agreement. Providers of ancillary services are not Subprocessors, provided that they do not systematically access Controller Data (e.g. providers of maintenance and support, telecommunication and postal services). However, the obligation on the Processor to ensure adequate security measures in accordance with Sec. 4 of these terms, which must be passed on by the Processor to the Subprocessor, remains reserved.
(b) The terms controller, processor, data subject, member state, personal data, personal data breach, processing and supervisory authority have the meaning under Applicable Data Protection Regulations.
(c) The definitions in the Main Agreement apply to these terms, unless a term is defined otherwise in these terms.
2. Processing of Controller Data
(a) In relation with Controller Data, the Controller acts as a controller and the Processor acts as a processor in terms of the Applicable Data Protection Regulations. The Processor processes personal data solely on behalf and for the purposes of the Controller.
(b) The Controller may issue binding instructions to the Processor in relation with the processing of Controller Data. Instructions shall be given in text form (including e-mail) or, if applicable, by making appropriate settings in the Processor’s application, and must be documented. Instructions may be changed or replaced at any time in the same form. Where instructions are recorded in the Processor’s system, these instructions must be provided to the to the Controller on request.
(c) The Processor undertakes to:
(i) to comply with Applicable Data Protection Regulations when processing Controller Data, including documentation obligations; and
(ii) process Controller Data solely in accordance with the Main Agreement, these terms and the Controller’s instructions, unless applicable law requires otherwise; in this case the Processor shall inform the Controller, where permitted, as early as possible prior to commencing the relevant processing. The Controller may then terminate the Main Agreement and these terms by providing one month notice to the Processor in text form. This termination period may be extended for the duration of data recovery or migration measures under the Main Agreement, unless the Controller foregoes these measures, and in accordance with Sec. 12(a). Should the Processor be under an obligation to commence processing that is inconsistent with an agreement or with instructions prior to expiry of this period, the Parties shall discuss and agree the best way forward to protect the affected Controller Data.
(d) The Controller hereby instructs the Processor (and authorizes the Processor to instruct each Subprocessor) to process Controller Data and transfer Controller Data to other countries, subject to Sec. 10, in each case if and to the extent reasonably necessary for the performance of the Main Agreement.
3. Confidentiality; Processor Personnel
(a) The Processor undertakes to keep all Controller Data strictly confidential, using the care that is necessary to prevent unauthorized access, unauthorized use or unauthorized disclosure as much as possible, without prejudice to stricter obligations of confidentiality under the Main Agreement.
(b) The Processor undertakes to ensure reliability of all individuals having access to Controller Data and to restrict access to individuals who need to know Controller Data for the performance of Main Agreement. All these individuals must be subject to appropriate statutory or contractual obligations of confidentiality.
4. Security Measures
(a) The Processor undertakes to ensure, in relation to Controller Data and using technical and organizational measures, a level of security appropriate to the risk, in particular (i) to take the measures in accordance with the Main Agreement, where applicable, and (ii) the measures set out in Annex “Security Measures”. The Processor undertakes to maintain an appropriate process in order to regularly review and, if necessary, improve the effectiveness of the technical and organizational measures in order to ensure the adequate security of Controller Data on an ongoing basis. Changes to security measures are to be notified to the Processor in text form.
(b) The Processor provides adequate assistance to the Controller for the Controller to be able to comply with its own obligations to maintain appropriate technical and organizational security measures.
5. Use of Subprocessors
(a) The Controller hereby authorizes the Processor to appoint the following entities for the processing of Controller Data:
(i) each of the Subprocessors set out in Annex “Subprocessors”, for the services listed in therein, and
(ii) each additional Subprocessor, subject to appointment in accordance with this Sec. 5 (and, if applicable, the additional conditions under the Main Agreement).
(b) The Processor shall provide notice to the Controller in text form about the identity and the details of the intended processing prior to appointing an additional Subprocessor (or an existing Subprocessor for additional processing activities).
(c) Should the Controller object to a proposed appointment in text form, within two weeks from receipt of the above-mentioned notice, the Parties shall discuss in good faith an alternate solution acceptable to both Parties. If the parties are unable to agree on an alternate solution within two months from the Controller’s objection, the Controller may terminate all services for which the new Subprocessor would process Controller Data at no cost for the Controller. In the event of such a termination, the Processor shall treat the affected Controller Data in accordance with Sec. 8.
(d) In relation to each Subprocessor, the Processor shall:
(i) enter into a written agreement with the Subprocessor that this in accordance with Applicable Data Protection Regulations and ensure some level of security at least on parity with the level agreed in these terms and, if applicable, the Main Agreement;
(ii) ascertain that the Subprocessor ensures a level of security as required by Applicable Data Protection Regulations, these terms and, where applicable, the Main Agreement throughout the duration of its processing of Controller Data. On request, the Processor shall provide adequate documentation of his due diligence of the Subprocessor;
(iii) in the event of a permitted Restricted Transfer, ensure that the Standard Contractual Clauses in accordance with Sec. 10 are agreed with the relevant Subprocessor; and
(iv) provide copies of the agreements with Subprocessors to the Controller on request (where applicable, redacted for confidential information that are irrelevant for these terms).
(e) The Processor shall take the required measures to ensure that each the Subprocessor processes Controller Data only in accordance with the Main Agreements (if applicable), these terms and the Controllers instructions. Breaches by a Subprocessor shall be considered to be breaches by the Processor.
(f) The Controller shall exercise the audit rights under Sec. 9 in relation to the Subprocessors by instructing the Processor to use its audit rights vis-a-vis the Subprocessor. The Controller has the right to obtain from the Processor a copy of the audit report.
6. Subject Rights; Cooperation
(a) The Processor shall provide adequate assistance to the Controller in responding to data subject requests. In particular, the Processor shall:
(i) inform the Controller without delay of any subject request in relation with Controller Data made to the Processor or a Subprocessor; and
(ii) respond to subject requests sold in accordance with the Controller’s instructions or in accordance with Applicable Data Protection Regulations (which are to be notified to the Processor in advance).
(b) The Processor shall provide adequate assistance to the Controller to carry out data protection impact assessments and to consult with supervisory or other competent authorities in relation with Controller Data.
(c) The Processor shall inform the Controller without delay, as permitted under applicable law, (i) where a supervisory authority contacts the Processor directly in relation with the processing of Controller Data, and/or (ii) where Controller Data is or is threatens to be affected by seizure, bankruptcy proceedings or a similar event. In that case, the Processor shall inform any third party involved in such measures (including authorities) that the Controller has control over the Controller Data.
(d) The Processor shall disclose Controller Data to public authorities (including courts, administrative and law enforcement authorities) only with the prior written consent of the Controller or where it is legally compelled to do so. If the Processor is requested to make such disclosure, it shall inform the Controller without undue delay, unless it is prohibited from doing so. The Processor shall seek all remedies available against any such request, unless otherwise directed by the Controller, and shall keep the Controller informed of the progress thereof. Sec. 2(c)(ii) remains reserved.
7. Personal Data Breaches
(a) The Processor shall notify the Controller without undue delay, but no later than within 48 hours, if it becomes aware of a personal data breach. The Processor shall provide to the Controller sufficient information to enable the Controller to comply with any obligations to notify the personal data breach to a supervisory authority and/or to data subjects in accordance with Applicable Data Protection Regulations.
(b) The Processor agrees to (i) reasonably assist the Controller in investigating, containing and remedying personal data breaches in relation to Controller Data and (ii) not inform any third party of a personal data breach without the Controller’s prior express consent in text form, except as required by applicable law.
8. Deletion and Return of Controller Data
(a) Subject to Sec. 8(b) and 8(c), the Processor shall delete all copies of Controller Data and cause each Subprocessor to delete the Controller Data as soon as the services in connection with which the Controller Data is processed are terminated (Termination Date), but no later than four weeks from the Termination Date.
(b) Subject to Sec. 8(c), the Controller may, within two weeks from the Termination Date, instruct the Processor in text form to provide to the Controller a copy of all Controller Data processed by it or a Subprocessor in a file format reasonably requested by the Controller. Such instruction shall be complied with within four weeks from the Completion Date.
(c) The Processor and each Subprocessor may retain Controller Data to the extent required by applicable law, provided that the Processor ensures the confidentiality of such data and ensures that it is processed only to the extent necessary.
(d) The Processor shall certify to the Controller in text form within five weeks from the Termination Date that it has complied its obligations under this Sec. 8.
(e) Retention rights to data and data carriers of the Controller are excluded.
9. Audits
(a) The Processor shall provide to the Controller, on request, all information necessary to demonstrate compliance with these terms, and shall allow the Controller to conduct or have an auditor conduct on-site audits for this purpose. The Processor shall cooperate appropriately in the audit. Audits shall be conducted with prior notice during normal business hours and without unreasonable interference with the Processor’s business. The Controller shall keep confidential the information provided by the Processor in relation to any such audit but may disclose these terms and the agreements between the Processor and Sub-processors and other information as necessary to demonstrate compliance with its data protection obligations.
(b) The rights under Sec. 9(a) apply only to the extent that the Main Agreement does not otherwise grant information and control rights to the Controller that are consistent with the requirements of Applicable Data Protection Regulations.
10. Restricted Transfers
(a) The Controller (as data exporter) and the Processor (as data importer) hereby agree to the general clauses together with the Module 2 of the «standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council», which are currently available at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj(the Standard Contractual Clauses or SCC), for each Restricted Transfer from the Controller to the Processor. In this context, (i) signature of these terms shall be deemed to be a signature of the SCC (Annex I.A.), (ii) Annex “Processing Details” of these terms shall be deemed to be Annex I.B. of the SCC and (iii) Annex “Security Measures” of these terms shall be deemed to be Annex II of the SCC. In addition, the following shall apply: The optional Section 7 (tying clause) is included; Section 9 a) is included as Option 2, pursuant to which the data importer’s notice must occur at least two weeks prior to the sub-processor’s engagement; Section 11 a) is included with no option.
(b) In the case of Restricted Transfers from Switzerland, the SCC’s references to Member States shall be understood also as references to Switzerland and the Federal Data Protection and Information Commissioner (FDPIC) acts as the responsible authority under Section 13 of the SCC. This also applies in case of further transfers of personal data transmitted from Switzerland. If a restricted transfer is subject to the GDPR, the competent authority (in parallel with the FDPIC, as the case may be) is the authority specified in Annex “Processing Details”.
(c) The applicable law and the competent court under Sections 17 and 18 of the SCC shall be determined in accordance with the Main Agreement, unless the Restricted Transfer is subject to the GDPR; if this is the case, the laws of Liechtenstein shall apply, and the courts of Vaduz shall have jurisdiction.
(d) To the extent that a new version of the SCC is bindingly adopted, such new version shall be deemed to be agreed as of the date of its entry into force.
(e) The Processor shall not make any Restricted Transfers without appropriate safeguards under the Applicable Data Protection Regulations (e.g. SCC with the corresponding modules with the relevant recipient and any risk assessments that may be required under the SCC). The Processor shall provide the Controller, upon request, with all information necessary for the verification of any such safeguards.
(f) The Processor shall not make any Restricted Transfers without the Controller’s prior consent in text form, which consent shall not be unreasonably withheld. Sec. 5 remains reserved.
11. Liability; Indemnity
(a) Subject to Sec. 11(b), and except for willful misconduct or gross negligence, the Parties exclude liability to each other for violations of these terms to the fullest extent permitted by law.
(b) The Processor agrees to indemnify and hold harmless the Controller and its affiliates and their respective officers, employees, agents and contractors (each an Indemnified Party) from and against any and all losses, damages and costs, including reasonable attorneys’ fees and procedural costs, arising out of a third party claim against an Indemnified Party in relation with the Processor’s failure to comply with its obligations when processing Controller Data, without prejudice to stricter indemnification and hold harmless obligations under the Main Agreement.
12. Term and Termination
(a) These terms enter into force upon their agreement or, if the Main Agreement is concluded later, upon signature of the Main Agreement, but no later than when the Processor first has access to Controller Data, and terminates on termination of the contractual services, but no earlier than upon deletion of the Controller Data.
(b) The Controller is entitled to terminate these terms and the Main Agreement for cause and without notice if the Processor is in material breach of the provisions of these terms, is unable or unwilling to carry out a lawful instruction of the Controller, or refuses to comply with the contractual audit rights of the Controller.
13. Order of Precedence
(a) These terms do not restrict the Processor’s obligations under the Main Agreement with respect to the protection of personal data and does not permit the Processor to process or have processed personal data to the extent this would violate the Main Agreement.
(b) In the event of a conflict, the Standard Contractual Clauses (where agreed) shall prevail over these terms and these terms shall prevail over the Main Agreement and any other agreements between the Parties (including agreements concluded after these terms).
14. Miscellaneous
(a) The Controller may amend the Main Agreement and/or these terms by giving notice in text form at least 30 days in advance to the extent required to comply with Applicable Data Protection Regulations or a binding order of an authority.
(b) Performance of these terms is fully compensated by the remuneration agreed in the Main Agreement (even where no remuneration has been agreed). There shall be no claim for reimbursement of costs.
(c) The provisions of the Main Agreement on applicable law and jurisdiction shall apply to these terms, provided that the Controller shall remain entitled to:
(i) apply for an injunction in any court of competent jurisdiction; and
(ii) bring an action against the Processor in a third-party proceeding involving the Controller, if and to the extent permitted by applicable procedural law.
Version 1.0 / December 2022