1. SCOPE OF APPLICATION, CUSTOMER INFORMATION
The following general terms and conditions apply to all contracts, deliveries and other services of Zalina Wälchli International / Switzerland (hereinafter referred to as 360HealthQuotient) vis-à-vis your customers who purchase goods and services via the program elearning site (360healthquotient.com). Conflicting or deviating terms and conditions of the purchaser are only binding if 360HealthQuotient has acknowledged them in writing. In individual cases, agreements made with the customer (including collateral agreements, supplements and amendments) shall take precedence over these terms and conditions in all cases. 360HealthQuotient reserves the right to change the General Terms and Conditions at any time. The changes shall be notified in writing and shall be deemed accepted unless they are rejected in writing 10 days after receipt of the notification. All prices are quoted in CHF (Swiss francs). The legal value added tax of 7.7% is already included.
2. CONCLUSION OF CONTRACT
The presentation of the products in the online shop is not a legally binding application, but only a non-binding online catalogue. If you merely place products and services in the “shopping cart”, this does not constitute a binding order. You only place a binding order for the products and services contained in the shopping basket by clicking the “Order” button on the order page. An order confirmation will then be sent to you by e-mail. Deviations and technical changes compared to the illustrations or descriptions on online shop are possible. The products shown in the online shop lose their validity with the appearance of a new edition.
You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at email@example.com with ‘unsubscribe’ in your email’s subject. You are obliged to treat the personal access data confidentially and not to make them accessible to unauthorised third parties. 360HealthQuotient undertakes to treat your data confidentially and not to make them accessible to unauthorised third parties. You must refrain from any disturbance of the website or any further use of the accessible data outside the intended platform internal use. Manipulations with the aim of obtaining unauthorized payments or other advantages to the disadvantage of us or other members can lead not only to legal consequences but also in particular to the loss of access.
Membership entitles the holder to use the online offer to the extent that it is available and to use the content solely for their own private, non-commercial purposes. Each customer is only entitled to maintain a customer account. We reserve the right to delete multiple registrations and to warn or terminate members who violate the provisions or to delete or change the content. Here the virtual house right applies. We are not obliged to accept the registration or the order of a registered customer and to keep our offer permanently available. Orders already confirmed by us remain unaffected.
4. STORAGE OPTIONS AND ACCESS TO THE CONTRACT TEXT
In addition, you can easily archive the data of your order by waiting for the automatic order confirmation, which we will send to you by e-mail to the e-mail address you have specified once the order has been completed. This order confirmation e-mail contains the data of your order as well as the general terms and conditions and can be easily printed or saved.
Your order data will be stored by us, but cannot be accessed directly by you for security reasons. We offer each customer a password-protected direct access. Here you can view data about your completed, open and recently shipped orders and manage and save your address data, possible payment data and a possible newsletter.
5. USER ACCOUNTS
We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of our Site.
You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login.
You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.
6. PAYMENT AND DELIVERY
All orders must be pre-paid. Orders will only be sent out or available for download (for electronic products) after full payment of the total amount is cleared.
You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards. We offer our Swiss customers the following payment methods: prepayment, PayPal, MasterCard, Amex, Visa, Postfinance Card, Postfinance E-Finance. We reserve the right not to offer certain payment methods and to refer to our other payment methods. You agree to receive the invoice either by e-mail or by post. Delivery of superfoods products will be made directly by 360HealthQuotient.
The following delivery agency is used for deliveries in Switzerland: UPS delivery. For deliveries in Switzerland, the delivery costs will be borne by 360HealthQuotient. We have the possibility to track the shipment. The following delivery agencies are used for any deliveries abroad: DHL courier. The desired delivery agency can be defined at the time of purchase and the costs incurred must be paid in advance by the buyer. The products are superfoods linked to zalinawalchlilifestyle.com. The goods which are in stock, which you order and buy in our online shop, will be shipped to you in 3-4 working days after full payment has been received. If the goods are marked as not in stock at the time of ordering, 360HealthQuotient will endeavour to deliver as quickly as possible.
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer when the goods are handed over to the consumer or a recipient designated by you. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery, in the case of sale to destination, upon delivery of the goods to the forwarding agent or other person or institution designated to carry out the shipment.
If your payment has not been received by us by 14 calendar days after dispatch of the order confirmation, despite being due and even after renewed request, we shall withdraw from the contract with the consequence that your order is void and we have no obligation to deliver. The order is then settled for you and for us without further consequences. A reservation of the article with prepayment takes place therefore at the latest for 14 calendar days.
7. RETENTION OF TITLE
The goods and services remain the property of 360HealthQuotient until full payment has been made.
We generally offer gift vouchers. Gift vouchers are vouchers that you can purchase online. You can redeem your gift vouchers online. The credit balance of a gift voucher not paid out in cash but can only be redeemed online.
9. WARRANTY AND COMPLAINT MANAGEMENT
After processing your payment, you will be granted access to The 360HealthQuotient Program. Additional information about The 360HealthQuotient Program can be found within our Site.
Nutritional products available from our Site www.zalinawalchlilifestylw are subject to the terms and conditions contained in this Agreement.
We make every effort to ensure our product descriptions are accurate as possible with specifications made on the information provided to us. However, should an error occur we reserve the right to correct our description.
Images are for illustrative purposes only and may not be an exact image of the actual product.
If you have any service questions, please contact us at the following address:
You have the right to claim a refund for a service and exchange an item that you have purchased in the online shop if it has a material or production defect. A complaint or an exchange cannot take place if the product has been damaged through your own fault. An exchange or a return can only take place if we have received the original receipt from you. The shipping costs for the return of an article shall be borne by the customer. As for a service or program, if the client is not happy with the program after 1 week, a full refund of the entire amount is applicable. However, after 4 months of the program, he can claim only 15% of the full payment.
11. RIGHT OF RETURN
For all purchases of our articles under firstname.lastname@example.org the 360HealthQuotient grants a voluntary right of return of altogether 10 days. You can then withdraw from the contract by returning the goods or services to us within 10 days of receipt of the goods (beginning of the period on the day after receipt of the goods). Timely dispatch is sufficient to meet the deadline. However, the prerequisite for exercising the right of return is that you return the goods unused, complete and undamaged. In addition, we request that you return the goods to us in their original packaging. The return of an article is at the expense and risk of the customer. The right of return does not apply to the purchase of gift vouchers.
Please send the goods to the following address:
accepts no liability for this. In the case of payment in advance, the transfer back to the account from which the transfer was made is instructed. If you have paid by PayPal or credit cards, the refund will be made to the associated PayPal or credit card account.
12. LIMITATION OF LIABILITY
Should individual provisions of these terms and conditions be or become ineffective in whole or in part, or should they contain a loophole, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective statutory provisions take the place of the ineffective or missing provisions.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
Swiss law applies exclusively to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply to the extent that the protection granted is not derived from mandatory provisions of the law of the country in which the consumer has his habitual residence. The exclusive place of jurisdiction for all disputes arising from this contract is the competent court at the registered office of 360HealthQuotient.
14. SEVERABILITY CLAUSE
Should individual provisions of these terms and conditions be or become invalid in whole or in part, or should they contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions.
15. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
16. Electronic Communications
We use electronic means of communication, whether you visit the Site or Service or send use-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.