General terms and conditions

ARTICLE 1: DEFINITIONS

Terms and Conditions: The Terms and Conditions govern the interaction between SWISS BOTANIC and users.

GCS: The General Sales Conditions are the conditions established for the sale of CBD products available on the site.

Personal data: any information relating to a natural person who may be identified or identifiable, directly or indirectly.

Processing of personal data Any operation, or set of operations, involving such data, whatever the process used (collection, recording, organization, storage, adaptation, modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, reconciliation or interconnection, blocking, erasure or destruction, etc.).

Consent: This is the manifestation of the active, free, informed and unambiguous will of a website user to allow personal data concerning him/her to be processed.

User: This is the natural or legal person whose data is processed.

Sensitive data: This is personal data that reveals, directly or indirectly, the racial or ethnic origins, political, philosophical or religious opinions, trade-union membership or health data of individuals.

Cookie A cookie is a small computer file or “tracker” that is deposited and read, for example, when you visit a website, read an e-mail, install or use software or a mobile application, regardless of the type of terminal used (computer, smartphone, e-reader, video game console connected to the Internet, etc.).

Data controller: This is the natural or legal person who determines the purposes and means of the file, and decides on its creation.

ARTICLE 2: PURPOSE

The purpose of these General Terms and Conditions of Use (GTCU) is to provide a legal framework for the provision of the www.swissbotanic.com website and to define the conditions of access and use of the products and services by the “User”. The present Terms and Conditions are available on the site under the heading “Terms and Conditions” or “General Sales Conditions”.

The GCU must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User implies acceptance of these GTU. He hereby undertakes to comply with the present conditions. Or if the site includes a member area :

Any registration or use of the site implies the user’s unreserved and unrestricted acceptance of these GCU. When registering on the site via the Registration Form, each user expressly accepts these GCU by ticking the box preceding the following text: “I acknowledge having read and understood the GCU and I accept them”. The User is therefore requested to read the GTCU before registering.

In the event of non-acceptance of the GCU stipulated in the present contract, the User must immediately renounce access to the services offered by the www.swissbotanic.com site. www.swissbotanic.com reserves the right to unilaterally modify the content of the present GCU at any time.

SWISS BOTANIC Sarl makes every effort to ensure that the information on its website is reliable and up-to-date. However, errors and omissions may occur. The user must therefore ensure the accuracy of the information, and report any changes to the site that he/she deems useful. SWISS BOTANIC Sarl is in no way responsible for the use made of this information, nor for any direct or indirect damage that may result.

ARTICLE 3 – LEGAL INFORMATION

The www.swissbotanic.com website is published by Société SWISS BOTANIC Sarl with share capital of CHF 20,000, registered in the Swiss Commercial Register under number CHE-378.210.708, with registered office at GmbH, Thunstrasse 92, 3006 Bern, Switzerland, (+4121 311 04 00), ([email protected] ). The Publishing Director is Reber Michael. The developer and host of the www.swissbotanic.com website is CLOUDWAYS, whose registered office is located at: Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta.

ARTICLE 4 – ACCESS TO THE SITE

The www.swissbotanic.com website provides the User with free access to the following services: Free online information; news, information and analysis articles.

The site is accessible free of charge from any location, 24 hours a day, 7 days a week, to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User’s expense.

Non-member Users have no access to reserved services. To do so, you need to register by filling in the form. By agreeing to register for the reserved services, the User member undertakes to provide truthful and accurate information concerning his civil status and contact details, in particular his e-mail address.

The User is responsible for updating the information provided. You can modify them by logging into your member area.

To access the services, the User must identify him/herself using the strictly personal username and password provided after registration. As such, it is prohibited from disclosing them. If this is not the case, he/she will remain solely responsible for any use made of it.

The User may also request unsubscription by going to the dedicated page in his personal space or by sending an email to: [email protected]. This will be effective within a reasonable timeframe.

In the event of non-compliance with the general terms and conditions of use, the site www.swissbotanic.com may suspend or even close a User’s account after a formal notice has been sent by electronic means and has remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all personal information concerning the User.

www.swissbotanic.com shall not be held liable for any event of force majeure resulting in malfunction of the site or server, subject to any interruption or modification in the event of maintenance. In such cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without prior notice.

The User may contact the site by e-mail at the publisher’s e-mail address [email protected].

ARTICLE 5 – PERSONAL DATA

In general, you are not required to provide us with any personal data when you visit our website www.swissbotanic.com.

However, there are certain exceptions to this principle. For certain products and services offered on our site, you may be asked to provide us with certain information, such as your name, age, date of birth, password, postal address, telephone number and e-mail address. This is the case when you fill in the online form. When the User wishes to purchase a product on the site, he/she may also be asked to provide his/her bank details or any other details enabling payment to be made using the methods available on the site.

In any case, you can refuse to provide your personal data. In this case, you will not be able to use the products and services of the site, in particular to purchase CBD products or any accessory products, to request information about our company, or to receive our newsletters.

Such information is used exclusively for internal statistical purposes, in order to improve the quality of the services offered to you. Databases are protected by the Federal Law of September 25, 2020 on data protection and The European Regulation, hence the General Data Protection Regulation (RGPD).

ARTICLE 6 – INTELLECTUAL PROPERTY

All content on the www.swissbotanic.com website, including but not limited to graphics, images, texts, videos, animations, sounds, logos, gifts and icons, as well as their layout, is the exclusive property of the company, with the exception of trademarks, logos or content belonging to other partner companies or authors.

Trademarks, logos, signs and all site content (text, images, sound, etc.) are protected by the Swiss Federal Institute of Intellectual Property.

Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly forbidden without the express written consent of SWISS BOTANIC Sarl.

This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by the provisions of the Swiss Federal Institute of Intellectual Property.

Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable. In addition, the owners of the copied content may take legal action against you.

ARTICLE 7 – PRIVACY POLICY

By using the www.swissbotanic.com website or by placing an order for Products on the said website, the User will be asked to provide certain personal data to the Company, including certain other information concerning him or her.

The information collected by the Site will only be used in accordance with the Privacy Policy, the terms of which form an integral part of these TOU.

ARTICLE 8 – LIABILITY

The information contained on the site is deemed reliable, as accurate as possible and the site is updated at different times of the year, but may contain inaccuracies or omissions. If you notice a gap, error or what appears to be a malfunction, please report it by e-mail to [email protected], describing the problem as precisely as possible.

Any content downloaded is done so at the user’s own risk and under the user’s sole responsibility.

Consequently, SWISS BOTANIC Sarl cannot be held responsible for any damage to the user’s computer or loss of data resulting from downloading. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser.

SWISS BOTANIC Sarl cannot be held liable for any hypertext links on this website to other resources on the Internet.

ARTICLE 9 – HYPERTEXT LINKS

Websites may provide links to other websites or resources available on the Internet. SWISS BOTANIC Sarl has no means of controlling the sites linked to its website. It is not responsible for the availability of such external sites and sources, nor does it guarantee them. It cannot be held responsible for any damage whatsoever resulting from the content of these external sites or sources, and in particular from the information, products or services they offer, or from any use that may be made of these elements. The risks associated with this use are fully borne by the Internet user, who must comply with their conditions of use.

Users, subscribers and visitors to the website may not set up a hyperlink to this site without the express prior authorization of SWISS BOTANIC Sarl.

Should a user or visitor wish to set up a hyperlink to the SWISS BOTANIC Sarl website, he or she should send an e-mail to the site to request that a hyperlink be set up. SWISS BOTANIC Sarl reserves the right to accept or refuse a hyperlink without having to justify its decision.

ARTICLE 10 – COOKIES

Users are informed that when they visit the www.swissbotanic.com website, a cookie may be automatically installed on their browser.

The www.swissbotanic.com website may ask you to accept cookies for statistical and display purposes.

A cookie is a piece of information placed on your hard disk by the server of the site you are visiting. It contains a range of data stored on your computer in a simple text file that a server accesses to read and record information.

The information contained in cookies is used to improve the site, for example by :

– Enabling a service to recognize the User’s device, so that he or she does not have to give the same information over and over again, for example to fill in a form or a survey.

– Remembering that you, the User, have already given your login and password, so you don’t have to do it again on each new page.

– Monitoring how users use services, to make them easier to use and allocate sufficient power to ensure responsiveness.

– Analyzing “anonymous” data to help understand how users interact with different aspects of online services, and thus enable them to improve them.

Some parts of this site cannot be used without accepting cookies.

ARTICLE 11: USE OF THE SITE AND PRODUCTS

General

The Site offers Users products derived from Cannabidiol (CBD), such as legal cannabis, oils, cosmetic and body care products, seeds, tinctures and numerous accessories for its consumption (the ” Products “).

To order products from the www.swissbotanic.com website, the User is required to read the general terms and conditions of sale (GTCS), which can be accessed at the following link: https://swissbotanic.com/conditions-generales-de-ventes/

Rates

The prices of the Products offered on the Site are indicative and must be confirmed by the Company.

Prices are governed by the General Terms and Conditions of Sale applicable to the contractual relationship between the Company and the User, which are expressly accepted by the User.

Prohibited activities

All Users are authorized to use the Site and the Products solely in accordance with Swiss law and any other law that may apply to them. The User is only authorized to make legal use of the Site and the Products and any illegal or inappropriate use is excluded.

By using the Site, the User undertakes in particular not to: resell Products ordered through the Site; parallel import Products ordered through the Site; remove notices from Products; take control of the Site in any way; use or attempt to use the Site and/or Products for any purpose other than strictly personal use; use or attempt to use the Site and/or the Products in an offensive, abusive or unlawful manner or for an offensive, abusive or unlawful purpose, including committing or facilitating fraud, in particular by publishing or using terms likely to be offensive or inappropriate, including but not limited to through the Contact Form; solicit or attempt to solicit business and/or sell competing services or products to Users through communications, in any form whatsoever, sent or published through the Site and/or Products, including but not limited to the Contact Form; transmit or attempt to transmit copyrighted material without the prior express consent of the copyright owner; use or attempt to use any information made available on the Site for commercial purposes, in particular by reusing or distributing it online; use or attempt to use any automated program (including but not limited to robots, spiders (spidering, sniffing, crawling, web scraping etc..) or any other automated means, script or interface to access the Site, its content, databases, Personal Data and/or Products offered on the Site; interfere or attempt to interfere with the proper working of the Site and/or the Products offered on the Site or the enjoyment thereof by any User, by any means whatsoever, in any way that could damage, disable, overburden or impair the Site, including but not limited to hacking or attempting to circumvent any content filtering techniques that the Company reserves the right to use; provide any product or service that competes with those offered by the Company through the Site; copy, modify, merge, sell, redistribute, assign, transfer the software or source code of the Site, or any part thereof, or reverse engineer, decompile, disassemble, translate, decrypt or otherwise attempt to discover the source code used for the Site; infringe or attempt to infringe any Intellectual Property Rights held by the Company; access or attempt to access any Service or part of the Site which the User is not authorized to access, in particular the server on which the Site is hosted or any other server, computer or database connected to the Company’s Products; introduce or attempt to introduce viruses, Trojan horses, ransomware or other malicious or technologically harmful material; and use or attempt to use the Site and/or the Products in breach of the TOS, the GTC and/or the Privacy Policy.

Site content

All the company’s activities and information are presented on our website www.swissbotanic.com.

SWISS BOTANIC Sarl strives to provide the most accurate information possible on the www.swissbotanic.com website. The information on the www.swissbotanic.com website is not exhaustive and the photos are non-contractual. They are subject to any changes that may have been made since they were put online. In addition, all information on the www.swissbotanic.com website is given for guidance only, and is subject to change or development without notice.

ARTICLE 12 – DISPUTES

The present conditions of the www.swissbotanic.com website are governed by Swiss Federal Data Protection Legislation (Federal Law of September 25, 2020 on Data Protection) and/or the General Data Protection Regulation (RGPD).

In the absence of an amicable settlement, any dispute or litigation arising from the interpretation or execution of these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the location of the registered office of SWISS BOTANIC Sarl.