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GENERAL TERMS AND CONDITIONS

§ 1 Basic regulations

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Noubrain GmbH, hereinafter referred to as “Noubrain”) via the www.noubrain.ch website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Acceptance of the conditions

(1) These terms and conditions form the basis on which you may purchase products from our website. Please read them carefully and make sure you understand them before placing an order.

(2) By submitting an order on the Noubrain website, you agree to these terms and conditions.

(3) We reserve the right to change these terms and conditions from time to time, for example to comply with changes in the law or best practice or due to changes in the functionality of our website. Changes to these terms and conditions will not affect orders placed prior to the change.

§ 3 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description. Should there be any errors in the pricing of goods, we reserve the right to contest and withdraw from the contract. In the event of a contestation of error, we will immediately declare the contestation to you by e-mail.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” on the “One Step Checkout” page via the corresponding button in the navigation bar and make changes there at any time.

After accessing the “Checkout / One Step Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again.

Before submitting the order, you have the option of checking all details again, changing them (also using the “back” function of the Internet browser) or canceling the purchase.

By sending the order via the “Buy now” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

If you use an instant payment system (e.g. PayPal) as a payment method, you will be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

(5) Please note that we only sell all products in normal household quantities. This applies both to the number of products ordered as part of a single order and to the placement of multiple orders for the same product, where the individual orders comprise a normal household quantity.

(6) If the goods cannot be delivered due to force majeure or product discontinuation or if we are unable to procure the ordered products under reasonable conditions and if these circumstances occur only after conclusion of the contract and are not attributable to us, Noubrain shall be released from its obligation to deliver. Should events occur which make delivery considerably more difficult or impossible for us - for example strike, lockout, official orders or similar - we shall not be responsible for delays even in the case of bindingly agreed deadlines and dates.

§ 4 Creation of an account

(1) To order products via the Website, you can either (i) create a Noubrain account and validate your e-mail address or (ii) register as a guest via the checkout page (see section 5). All information provided will be used in accordance with our Privacy Policy.

(2) You are responsible for the use of the Website with your account details (including login and password and any unauthorized use). It is important that you keep this information secure and provide accurate personal details. It is prohibited to use false or misleading information or to impersonate another person.

(3) Your Noubrain account should not be shared with other people. If other people access or use your account, the person whose financial information is registered to the account is responsible for all activity. It is your responsibility to keep your contact details up to date.

§ 5 Registration as a guest

(1) If you register as a guest via the checkout page, all information provided will be used in accordance with our privacy policy.

(2) You are solely responsible for the use of the website with your data (including e-mail address and payment data as well as any unauthorized use). You are prohibited from using false or misleading information or impersonating any other person.

§ 6 Placing orders

(1) Some of our products may not be suitable for everyone and may be subject to certain usage, storage or other restrictions. These restrictions are indicated on the product pages and should be read carefully before ordering.

(2) Any product information (e.g. ingredients, instructions) is for information purposes only and is not intended as professional advice. You should seek professional advice from a suitably qualified person before purchasing or using any product.

(3) You may only place orders on our website if you a) are over 18 years of age, b) have a valid debit or credit card and c) are located in the delivery areas specified on our website at the time of purchase.

(4) When placing an order, please ensure that you provide complete and accurate information. It is your responsibility to ensure that the order is correct and accurately reflects your selection. If an order is incorrect, please notify us immediately at info@noubrain.ch.

(5) Your order constitutes an offer to purchase the products from us via our website. Upon receipt of your order, we will take payment and send you an email to confirm whether the order has been accepted. If your order is accepted, the email will confirm the order details, order number, delivery address, billing address and shipping method. If your order is not accepted, we will refund you the full amount.

(6) We are not obliged to accept orders. A contract is only concluded when you receive a positive order confirmation.

(7) If you place an order and the product is out of stock or no longer available, we will inform you at the checkout or by e-mail and refund the amount already paid. Please allow up to 10 working days for refunds to be processed. We are not obliged to deliver a product until we are sure we can deliver and ship it.


(8) If you notice that there is an error with your order after we have sent you a confirmation email, please inform us immediately at info@noubrain.ch. We will try to correct the error but cannot guarantee this. You may still have the right to cancel as explained below.

§ 7 Payment and delivery

(1) All prices include the applicable value added tax.

(2) Customs duties and other taxes may apply to orders delivered outside of Switzerland. You are obliged to pay all relevant customs duties and sales taxes.

(3) Payments for all products must be made in Swiss francs or another currency specified on our website. Payment is made at the checkout.


(4) Our website specifies the accepted payment methods.

(5) Declined orders: If your order is declined or canceled for any reason, your bank or card issuer may not transfer the funds to us and release them back as available credit. This may take 3 to 5 business days.

§ 8 User content

(1) You are responsible for all content that you upload to our website.

(2) We have the right to remove content that violates these terms and conditions.

(3) All uploaded content is considered non-confidential and not protected by copyright.​​

§ 8 Intellectual property

(1) All rights to our website and its content belong to us or our licensors.

(2) Our website and its content are protected by copyright, trademarks, patents and other intellectual property rights.

§ 9 Suspension and termination

(1) We may terminate or suspend your right to use our website if you breach these terms.

(2) Upon termination or suspension, you must destroy any downloaded or printed extracts from our website.

§ 10 Other important conditions

(1) You may not transfer or assign this contract without our consent.

 

(2) Each paragraph of these Terms applies separately. If a court decides that one paragraph is unlawful, the other paragraphs will remain in force.
 

(3) These Terms constitute the entire agreement between you and us and supersede all previous agreements

 

(4) These terms and conditions are subject to Swiss law and the exclusive jurisdiction of the Swiss courts.

(5) With regard to consumers, the place of jurisdiction shall be the Swiss domicile of the consumer.

 

(6) In business transactions with merchants, our registered office in Wilen b. Wollerau is agreed as the place of jurisdiction for all legal disputes concerning these General Terms and Conditions and individual contracts concluded under their validity. In this case, we are also entitled to take legal action at the customer's place of residence or domicile

§ 11 Complaints

(1) If you have a complaint, please contact us at info@noubrain.ch. We will endeavor to resolve your complaint.

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