GTC

General Terms and Conditions

1. Validity of the terms and conditions and conclusion of contract

1.1

These General Terms and Conditions (GTC) apply to purchase contracts with private customers and companies that are concluded via the website http://www.marryjane.ch. By visiting and using our website, by placing an order on our website, and / or by confirming by e-mail, mail or telephone, you expressly declare that you have read and accept these Terms and Conditions and the Privacy Policy. By ticking the checkbox at the end of the order process under “Check & Order” you confirm that you have read the terms of use and the privacy policy. You agree to be bound by these terms and conditions and the privacy policy and thus close with Fabiz GmbH, a company registered in Switzerland with headquarters in Zurich ZH with the UID no. CHE-417,826,938 a contract. If you do not wish to accept these terms and conditions and / or the privacy policy, you may not place the tick under “Check & Order”, visit the website and use or order through our website.

1.2

The order is confirmed by the supplier by means of an automatic confirmation of receipt. This automatically sent e-mail is only for your information about the successful data transmission. It does not constitute a binding contract and does not yet constitute acceptance of your order. The acceptance (conclusion of contract) takes place only by the transmission of the commodity by Fabiz GmbH.

2. Prices and special offers

2.1

Unless otherwise agreed, the prices are in Swiss francs including VAT and any tobacco taxes.

2.2

The provider reserves the right to change prices at any time. Relevant are the prices stated in the order confirmation sent by e-mail, letter or fax. If these prices are higher than those at the time of ordering, the latter apply. For delivery delays or errands the daily price on the day of order applies.

2.3

Any conditions for promotions and discounts are available from the information.

3. Delivery conditions

3.1

Delivery costs are – unless otherwise stated – basically at the expense of the buyer and are not included in the purchase price. The shipping fee is generally charged once per order and will be shown in the cart.

3.2

We can deliver our products only between Monday and Friday (except public and public holidays). At the delivery address, a person over 18 must be present when the product is delivered. Once you have placed an order, you can not change the delivery address. If you would like to change the delivery address after placing an order, please contact us as soon as possible under the following link.

3.3

The expected delivery date of a product depends on whether the product is in stock and the delivery address you have given us. It also depends on whether your payment has been received by us. Although we make every effort to ensure that the products are delivered on their expected delivery date, this date is not a binding date and we can not guarantee that the delivery will actually occur on that day.

3.4

You must inform us of the link below prior to the agreed delivery date if there are certain circumstances relevant to the delivery. These are, without exception, all factors related to access: on the way to your delivery address (eg deep bridges, narrow streets, etc.) and / or at your delivery address itself (eg small doors, narrow passageways, steps, etc.) , Please think carefully about whether such factors exist for you.

3.5

You may be required to pay additional delivery charges if: it is not possible for us to conclude a delivery because on the day of delivery no person over the age of 18 is present at the delivery address to receive the product; You are trying to change the delivery address after the package has already been shipped to you; and or; You fail to notify us of special circumstances that are important to the delivery. Although we make every effort, we can not guarantee anything, and we may reserve the right, at our sole discretion, to withdraw from delivering the product to a specific address within a building at the delivery address. Benefit and risk are transferred to the customer with the shipment of the goods. In the case of delivery on delivery, the transfer of benefit and risk occurs with the delivery of the goods to the customer. You are responsible for their insurance and security.

4. Right of Withdrawal / Money Back Guarantee

4.1

Our offers are described in detail and transparently on the website http://www.marryjane.ch. The customer can inform himself about this in detail and without time pressure.

4.2

If you act as a consumer, you can cancel your contract within 14 days without giving reasons in writing (eg letter or e-mail) or by returning the goods. The period begins on the day after you have received the goods. To maintain the cancellation period, the timely dispatch of the revocation or the goods is sufficient. The revocation must be sent to the following person, stating the appropriate payment link for the repayment of the purchase price: Fabiz GmbH Fabrikstrasse 23 CH-8005 Zurich or to: info@fabiz.ch Please note that we can not take back or refund already opened / unsealed products for legal reasons.

4.3

As soon as we get the goods back, we will refund you the purchase price. In principle, you have to bear the costs of the return, if the delivered goods are the originally ordered.

5. Warranty

5.1

The buyer must check the delivered goods as soon as possible and report any defects immediately. Secret defects can still be objected to after commissioning or use of the goods. The payment of payments does not constitute a waiver of notice of defects.

5.2

If there is a defect, the buyer has the choice of requesting repair free of charge, of deducting the price corresponding to the inferior value, of withdrawing from the contract or of obtaining a replacement delivery. The right of the buyer to claim damages remains reserved in all cases.

6. Payment

6.1

prepayment

You can choose the option “Prepayment” on the order form and transfer the amount in CHF after order confirmation to our account. Please transfer the amount shown in your order confirmation in the appropriate currency to our next account, quoting your order number. Fees must always be borne by the client: Beneficiaries: Fabiz GmbH Bank: PostFinance AG, Bern, Switzerland Swift / BIC: POFICHBEXXX Clearing: 9000 Account No .: 88-668806-8 IBAN: CH83 0900 0000 8866 8806 8 After receiving your payment, the ordered goods will be shipped.

6.2

bill

Purchase on account with installment option (PowerPay) With the PowerPay Monthly Bill, you can easily settle your online shopping by invoice with installment payment option.

MF Group / PowerPay offers payment by invoice as an external payment service provider. At the conclusion of the purchase agreement PowerPay accepts the invoice claim and processes the corresponding payment terms. If you buy on account you accept in addition to our terms and conditions, the terms and conditions of PowerPay. (Powerpay.ch/de/agb). Please note that there is an administration fee per invoice and additional fees for partial and late payments in accordance with PowerPay’s terms and conditions.

6.3

Unless you have agreed to a down payment for an order for one or more products, where you will pay the difference in the purchase price of the product (s) ordered at a later date (as displayed on the website or on the phone at the time of posting) order), you must pay the full purchase price of the ordered product (s) for all orders. Unless otherwise agreed, we will not ship the ordered product (s) until we have received the full payment. For bank transfers, the expenses must be borne entirely by the sender.

6.4

Payments by debit or credit card or by PostFinance e-Payment: All payment transactions may be subject to validation and authorization, either through your bank or through us (where we may engage third parties who make such authorization in accordance with our Privacy Policy). If your credit card provider does not make the payment or does not agree to the payment, we will not be liable for any delays or refusal to accept the order. Customer payments in the fabiz.ch online shop take place in a protected area, where the data is transmitted in encrypted form. For the security of the transmission and the transmitted data can be taken over by Fabiz GmbH no liability.

6.5

If, for any reason, a payment is rejected after we have already shipped our product (s), we have the right to request the payment from you or to reclaim the product (s) from you. We may charge you fees for our costs incurred in recovering the product (s) or insisting on further payments.

6.6

All ordered products remain our property and will not become your property until we have received the full purchase price for the product.

7. Liability for online connections

7.1

The Provider undertakes to ensure up-to-date security in systems, programs, etc. that belong to him and over which he has an influence, as well as to follow the rules of data protection.

7.2

Customers must ensure the security of systems, programs and data that are within their control. In their own interest, customers should keep passwords and user names secret from third parties.

7.3

The provider is not liable for defects and malfunctions that he is not responsible for, especially not for safety defects and operational failures of third party companies, with whom he works or on which he is dependent.

7.4

Furthermore, the provider is not liable for force majeure, improper action and neglect of the risks on the part of the customer or third parties, excessive use, inappropriate equipment of the customer or third parties, extreme environmental influences, interference by the customer or interference by third parties (viruses, worms, etc.) despite the necessary current security arrangements happen.

8. Your account and password

8.1

In order to access certain features of our website and / or place an order, you will be required to register with us and create an account. To do this, you need to: create a password, provide us with certain personal information, including your name and email address, and all other details (such as your postal code) that we need during the registration process , You must also agree that we process your personal information in accordance with our privacy policy. If, as mentioned above, you do not agree to our Terms and Conditions or our Privacy Policy, you should not use this site or create an account with us.

8.2

You are responsible for the security and reliability of the password and other credentials of your account. You take full responsibility for all activities on your account. If you have reason to believe that your password is known to another person and / or that your account has been used without your authorization, or is likely to be used, you should contact us immediately. We are not liable for any loss or damage resulting from your failure to protect your password and / or your account credentials.

8.3

You are responsible for the accuracy and completeness of the personal information we provide to you, and we guarantee that this information is complete and correct in all respects. You agree to notify us as soon as there is any change in this information and access and update your account.

9. License

9.1

The entire content of the fabiz.ch website is protected by copyright. All rights belong to the company Fabiz GmbH or third parties. The elements on the website fabiz.ch are freely accessible only for browsing purposes. Reproduction of the material or parts thereof in any written or electronic form is only permitted with the express, written consent of Fabiz GmbH. Reproducing, transmitting, modifying, linking or using the fabiz.ch website for public or commercial purposes is prohibited without the prior written consent of Fabiz GmbH.

9.2

The various names and logos on the fabiz.ch website are generally registered trademarks. No part of the fabiz.ch website is designed to grant a license or right to use an image, registered trademark or logo. Downloading or copying the fabiz.ch website or parts of it does not transfer any rights with respect to software or elements to the fabiz.ch website. Fabiz GmbH reserves all rights with respect to all elements on the website fabiz.ch, with the exception of rights belonging to third parties.

10. Purpose of the goods – Obligations of the customer – Liability

10.1

Insofar as we have to make a delivery commitment dependent on the purpose of use for certain products, the customer is liable for any disadvantages which accrue to us from incorrect information. For substances that may only be used in accordance with legal or regulatory requirements, the customer’s order shall simultaneously be deemed as a declaration that these substances are to be used for a permitted purpose in the above sense. Cannabis flowers are subject to taxation as tobacco substitute products by the Federal Customs Administration FCA. By placing an order, the buyer acknowledges that the resale of tobacco substitute products at a price higher than that specified by Fabiz GmbH is prohibited.

11. Application of law and jurisdiction

11.1

For private customers regarding these terms and conditions, the law of the state in which the customer has his habitual residence. For business customers, these terms and conditions are subject to Swiss law, namely the regulations of the OR.

11.2

For private clients from Switzerland, the court is responsible for the domicile or seat of one of the parties. For complaints of the provider, the court at the domicile of the defendant party is responsible. For business customers, the place of jurisdiction is the domicile of the provider or the domicile of the customer company. Zurich, March 2017