General Terms and Conditions of Maison Myrthus GmbH

1. Scope of Application

These General Terms and Conditions (“GTC”) apply to the entire business activities of Maison Myrthus GmbH (hereinafter referred to as the “Company”).

2. Conclusion of Contract

A contract is concluded upon acceptance of the Company’s offer regarding the purchase of products and/or services by the customer.
In any case, a contract is deemed concluded when the customer makes use of the services offered by the Company and/or orders or directly purchases products via the Company’s online shop.

3. Prices

Unless otherwise stated, all prices are quoted in Swiss francs (CHF), exclusive of any additional applicable taxes and inclusive of packaging and shipping costs. All prices include any applicable value-added tax (VAT).
The Company reserves the right to change prices at any time. The prices valid at the time of contract conclusion, as published on the Company’s website and price list, shall apply.

4. Payment

The Company offers the following payment methods: invoice, credit card, TWINT, Klarna.
The customer is obliged to pay the invoiced amount within 30 (thirty) days from the invoice date.

If payment is not made within the specified period, the customer will receive a reminder. If payment is still not made within the reminder period, the customer shall automatically be in default.
From the date of default, default interest of 5% (five percent) shall be charged.

The Company reserves the right to require advance payment at any time without stating reasons.
If the Company offers products for purchase, rental, or other use via an online platform, payment may also be required electronically during the ordering process (credit card, PayPal, or other payment systems).

Offsetting the invoiced amount against any claims the customer may have against the Company is not permitted.
In the event of late payment, the Company is entitled to refuse delivery or provision of services.

5. Age Restriction

By accepting these GTC, the customer confirms that they meet the required minimum age to purchase the products and services offered by the Company.

6. Obligations of the Company

6.1 Delivery / Delivery Dates

Delivery shall take place within 7 (seven) working days after receipt of the order. If timely delivery is not possible, the customer shall be informed within 5 (five) working days after receipt of the order, and a new delivery date shall be communicated.

Unless otherwise agreed, the place of performance shall be the Company’s registered office. The Company fulfills its obligation upon handing over the ordered products to the agreed carrier. If no carrier is specified, the Company may choose one at its discretion. The agreed delivery costs shall not increase as a result of the carrier selection.

6.2 Provision of Services

Unless otherwise agreed, the Company fulfills its obligations by providing the agreed services. If no further provisions are agreed, the place of performance shall be the Company’s registered office.

6.3 Auxiliary Persons

Both parties are expressly entitled to engage auxiliary persons to fulfill their contractual obligations. They shall ensure that such engagement complies with all mandatory legal provisions and any applicable collective labor agreements.

7. Obligations of the Customer

The customer is obliged to take all measures necessary for the Company to provide the services. The customer must take such measures at the agreed place, time, and to the agreed extent. Depending on the circumstances, this includes providing appropriate information and documentation to the Company.

8. Non-Solicitation and Employment Ban

Without the Company’s express written consent, the customer may neither solicit nor employ the Company’s employees or auxiliary persons, whether on their own behalf or on behalf of third parties.
This prohibition continues to apply after termination of the contractual relationship and remains in force for one year thereafter, limited to the professional field of the respective employee or auxiliary person.

9. Exchanges

The exchange of products is generally excluded.

10. Warranty

Statutory warranty provisions apply.
The Company provides the above warranty for a maximum period of 24 (twenty-four) months.

Any defects must be reported to the Company immediately. The Company may choose whether to repair or replace the defective product. Only if repair or replacement is not possible shall the customer be entitled to a price reduction or refund. Reimbursement of costs for third-party repairs is excluded.
During the repair period, the customer is not entitled to a replacement product. The warranty period for the repaired component restarts, while the original warranty period continues for the remaining components.

The Company warrants that agreed services will be performed in accordance with industry standards.

11. Liability

Liability for indirect damages and consequential damages is fully excluded.
Liability for direct damages is limited to the sale price of the product or service. This limitation does not apply in cases of gross negligence or willful misconduct.

The customer is obliged to report any damages to the Company immediately.
Any liability for auxiliary persons is fully excluded.

12. Intellectual Property Rights

All rights to products, services, and any trademarks belong to the Company or are licensed for its use.
Neither these GTC nor any individual agreements imply the transfer of intellectual property rights unless explicitly stated.

Any further use, publication, or making available of information, images, texts, or other materials received in connection with these provisions is prohibited unless expressly approved by the Company.
If the customer uses content protected by third-party rights in connection with the Company, the customer must ensure that no third-party rights are infringed.

13. Data Protection

The Company may process and use data collected during contract conclusion to fulfill contractual obligations. The Company takes measures required by law to safeguard such data.
The customer fully consents to the storage and contractual use of their data and acknowledges that the Company may be obliged or entitled to disclose such data to courts, authorities, or third parties upon request.
Unless expressly prohibited by the customer, the Company may use the data for marketing purposes. Data necessary for service fulfillment may also be shared with commissioned service partners or other third parties.
The applicable data protection provisions also apply.

14. Amendments

The Company may amend these GTC at any time.
The new version shall enter into force 30 (thirty) days after publication on the Company’s website.
The version in force at the time of contract conclusion shall apply unless the customer has agreed to a newer version.

15. Priority

These GTC supersede all previous provisions and agreements. Only provisions in individual contracts that further specify these GTC shall take precedence.

16. Severability Clause

Should any provision of this contract or its annexes be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the intended economic purpose. The same applies to any contractual gaps.

17. Confidentiality

Both parties and their auxiliary persons undertake to treat all information obtained or disclosed in connection with the services as confidential. This obligation continues after termination of the contract.

18. Force Majeure

If timely fulfillment by the Company, its suppliers, or third parties becomes impossible due to force majeure—such as pandemics, natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, storms, wars, unrest, civil wars, revolutions, terrorism, sabotage, strikes, nuclear accidents, or reactor damage—the Company shall be released from its obligations for the duration of the force majeure and a reasonable start-up period thereafter.

If force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract and shall refund any payments already made in full.
Any further claims, in particular claims for damages due to force majeure, are excluded.

19. Applicable Law / Jurisdiction

These GTC are governed by Swiss law. Unless mandatory legal provisions apply, the courts at the Company’s registered office shall have jurisdiction. The Company reserves the right to bring an action at the customer’s place of domicile.
The United Nations Convention on Contracts for the International Sale of Goods (CISG, SR 0.221.211.1) is expressly excluded.