Terms and Conditions
Version 2022-10-12 R4
Issuer 7PEAKS SA
Morgartenstrasse 9
6003 Lucerne, Switzerland
1. Scope
The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all orders placed via a 7PEAKS SA website (hereinafter referred to as “our websites”) and all contracts concluded (hereinafter referred to as “orders”).
7PEAKS SA reserves the right to change the GTC. The valid version of the GTC 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. 7PEAKS SA 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 (lists of ingredients, allergy information, etc.) 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 and include value-added tax (VAT). Where applicable, prices also include the advanced recycling fee (ARF).
The prices stated in 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, special packaging, 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. 7PEAKS SA reserves the right to limit the delivery quantities of specific products and not to deliver orders involving exceptionally heavy or bulky products.
Placing an order shall constitute an offer to enter into a contract with 7PEAKS SA.
All orders are subject to a minimum purchase value. The minimum purchase values and delivery costs stated on the online shop shall apply.
Following placement of the order, the customer is automatically issued with a confirmation by 7PEAKS SA, 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.
7PEAKS SA may reject an order, either in its entirety or in part, without stating the grounds. In such cases, 7PEAKS SA 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 Contracts
A contract shall be deemed to be concluded when the order is processed at a 7PEAKS SA logistics center. Customers will receive an order confirmation by e-mail as soon as the relevant order is ready for dispatch.
6. Delivery
Region
The customer’s delivery address must generally be in Switzerland or Liechtenstein.
Delivery times
General
Available delivery slots are displayed on the online shop and can be selected by the customer for delivery of the respective order. It is not possible to set a precise delivery time within a given delivery slot. 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.
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 apply. Delivery costs are listed separately in the shopping cart and on the invoice.
7. Warranty
7PEAKS SA guarantees the quality and shelf-life of its products under the following conditions: Non-refrigerated products and dry goods must be stored in a cool, dry place.
For customers who can provide evidence confirming compliance with these storage conditions, 7PEAKS SA guarantees that ordered products will meet the relevant standards until the relevant best-before date, though for no longer than twelve (12) months from the date of delivery. A statutory period of twelve (12) months from the delivery date applies for products that do not bear a best-before date.
7PEAKS SA 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 perfume) does not meet the customer’s expectations, and for products ordered by mistake.
8. Complaints
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 7PEAKS SA 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 customer care service of the day of delivery, by contacting the customer care service (contact details to be found on https://7peaks.com/). Thereafter, customers may only claim for hidden defects that must be reported to the customer care service of 7PEAKS SA immediately upon discovery. The amount paid by customers for defective goods is credited to their account. 7PEAKS SA reserves the right to request proof of defects.
9. Payments
Modes of payment
Payments must be made in Swiss francs (CHF).
Electronic payment
Customers may pay using credit cards (Visa, Mastercard, American Express, PostFinance Card) or a debit card (Postcard). When paying by credit card or debit card, the amount is charged before the order has been processed at the 7PEAKS SA logistics center.
Purchase on account
Because 7PEAKS SA must bear the initial cost of orders, it checks the customer’s creditworthiness before delivery in order to safeguard itself against default risks. 7PEAKS SA may refuse payment on account without stating the grounds. Only customers domiciled or registered in Switzerland or Liechtenstein are eligible for payment on account.
In the case of payments on account for which payment slips are sent by post, invoices including payment slips for all orders in the preceding four (4) weeks are sent separately on the 15th of each month. The invoiced amounts are due for settlement in full by the end of the month. If the customer opts for payment using an online payment slip, the online invoice appears on the customer’s account within two (2) working days of delivery of the order. It is due for settlement in full by the end of the month.
Should a customer be in arrears and fail to meet their payment obligations either in full or in part, all outstanding amounts that the customer owes 7PEAKS SA shall be due immediately, regardless of the title, and 7PEAKS SA may demand settlement thereof immediately. In the event of payment default, 7PEAKS SA will not be obliged to accept new orders and will be entitled to suspend outstanding deliveries.
In the event of default, 7PEAKS SA will be entitled to charge dunning fees and late-payment interest. All expenses incurred in connection with the recovery and collection of overdue payments shall be borne by the customer. Should reminders fail to secure payment, 7PEAKS SA will be entitled to commission a debt-collection agency to recover the invoiced amounts. This debt-collection agency will assert the claims for the outstanding amounts in its own name and may charge additional processing fees and late-payment interest from the due date.
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 7PEAKS SA.
7PEAKS SA vouchers can be neither sold nor auctioned off. Only one voucher may be used per order.
10. Applicable Law, Jurisdiction
All legal relationships between 7PEAKS SA 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 Lucerne, Switzerland or the customer’s domicile. The exclusive place of jurisdiction for legal entities shall be Lucerne, Switzerland.
11. Contact, Customer Service
Do you have any questions? Check out our “products” section, which provides answers to the most frequently asked questions to each product.
Queries should be addressed to the 7PEAKS SA customer care service (contact details to be found on https://7peaks.com/).
12. Changes to the GTC
These General Terms and Conditions (GTC) may be updated over time, especially if we change our activities or if new legal provisions become applicable. We will actively inform individuals whose contact details are registered with us of any material changes, provided that we can do this without disproportionate effort. Generally speaking, the version of the GTC in effect at the time at which the activity in question commences is applicable.