Intersyn AG

General terms and conditions

1. GENERAL

1.1 Any contracts, deliveries and other services, including, but not limited to, the delivery of material goods and delivery of information in hardcopy or by electronic means, access to the website (Website) of Intersyn AG (the Seller) located at:

www.intersynsciences.com
www.carevital.com
www.carevital.eu
www.carevital.li
www.intersyn.li

and website functionality, including, but not limited to, the Seller’s web-shop, (Services) provided by the Seller to the customer (the Customer) shall be subject to the General Terms and Conditions (the Terms) provided here, unless other agreements have been explicitly concluded between the Seller and the Customer (together – the Parties) in writing.

1.2 Customers are both natural and legal persons. To be the party in any contracts, deliveries and other services provided by the Seller, including but not limited to the Terms, the Customer must have appropriate legal capacity. Thus, a Customer who is natural person should be at least the age of majority in his state or province of residence.

1.3 Relations between the Seller and the Customer are governed by the laws of Principality Liechtenstein, unless otherwise prescribed by Liechtenstein law.

1.4 For all issues arising from any contracts, deliveries and other services, the jurisdiction will be Principality Liechtenstein, unless otherwise prescribed by Liechtenstein law or expressly waived before any other.

1.5 All communications between the Parties are conducted in German or in English, where English is the supplementary language. In case of any difficulties in interpretation of any communications in English, Parties should refer to the German translations.

1.6 The Customer may not use the Seller’s goods and services for any illegal or unauthorized purpose, nor may the Customer, in the use of the Service, violate any laws in the Customer’s jurisdiction (including but not limited to copyright laws).

1.7 A breach or violation of any of the Terms by the Customer will result in an immediate termination of the Services.

2. USE OF THE SERVICES

2.1 The Seller does not guarantee, represent or warrant that Customer use of the Services will be uninterrupted, timely, secure or error-free.

2.2 The Seller does not warrant that the results that may be obtained from use of the Services will be accurate or reliable or meet specific Customer expectations.

2.3 The Customer agrees that, from time to time, the Seller may limit access to the Services for indefinite periods of time or delete, replace, rename, relocate, reshape and redesign, or change the functions and purposes of the Services at any time, without giving prior notice to the Customer.

2.4 The Customer expressly agrees that he uses the Services at his sole risk. The Services and all material and immaterial goods delivered to the Customer through the Services are (except as expressly stated by the Seller) provided ‘as is’ and ‘as available’ for the Customer’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

2.5 In no case shall the Seller, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer’s use of any of the Services or any goods, both material and immaterial, procured using the Services, or for any other claim related in any way to the Customer’s use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In such states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

2.6 Occasionally there may be information delivered through the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after the Customer has submitted the order).

2.7 The Seller undertakes no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

2.8 The Customer agrees to indemnify, defend and hold harmless the Seller and his parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Customer’s breach of the Terms or the documents they incorporate by reference, or his violation of any law or the rights of a third-party.

3. CONCLUSION OF SALES CONTRACTS ONLINE

3.1 By means of the web-shop, as a part of the Seller’s Services, located at the Seller’s Website (the Web-shop) and operated by the Seller, the Seller promotes to Customers and offers for purchase, the goods, namely dietary supplements, food-additives and other products related to health and beauty (Products).

3.2 Customers are allowed to purchase Products for personal consumption (such Customers are henceforth referred to as Consumers) as well as for business purposes (such Customers are henceforth referred to as Entrepreneurs).

3.3 Offers represented by the Seller via the Web-shop are non-committal and non-binding. The Seller reserves the right to make technical and other changes within reason. The prices and quantities of Products available for purchase are subject to change without prior notice.

3.4 By clicking on the ‘Buy now’ button, the Customer creates a legally binding order of the Products he has placed into the shopping basket. An automated confirmation that the order was received and accepted by the Seller is sent immediately. The sales contract comes into effect with this email confirmation, which also contains a copy of the present General Terms and Conditions, as an email attachment.

3.5 When the sales contract is concluded, the Customer should pay for the ordered Products using one of the payment methods offered by the Seller, and after the payment is made, the Seller should organise delivery of the ordered Products to the Customer by transferring these Products to the shipping partner within a reasonable timeframe.

3.6 If the Customer breaks his payment obligations, the Seller may legally demand compensation and/or withdraw from the sales contract.

4. PRICES, TAXES AND SHIPPING COSTS

4.1 Unless otherwise expressly stated, the prices for Products displayed in the Web-shop in Swiss Francs (CHF) and include the statutory value added tax and are exclusive of shipping and handling costs, which are indicated clearly in the shopping cart before placing an order.

4.2 The total amount indicated in the shopping cart includes the gross product price and the gross shipping costs. The total amount indicated in the shopping cart does not include import duties, which may be charged when Products are shipped outside the European Economic Community.

4.3 Shipping costs depend on the size and weight of the ordered Products, delivery method and shipping destination.

4.4 The Seller ships the Products to the Consumer using PostPac Priority. The gross shipping costs are included in the total amount specified in the shopping cart and are calculated as follows:

Shipping destinationShipping term
Lichtenstein and Switzerlandshipping cost: CHF 10.-
gross shipping weight: up to 2 kg
Countries of European Unionshipping cost: CHF 10.-
gross shipping weight: up to 2 kg
United Kingdomshipping cost: CHF 10.-
gross shipping weight: up to 2 kg
Other regions:Shipping to other regions is possible on demand. Please contact us to get more info!

4.5 The Seller determines the mode of transport. At the request of the Customer, a parcel can also be sent using PostPac Economy, Swiss Express or other shipping method agreed by the Parties. The Customer must bear any additional costs.

5. PAYMENTS

5.1 The Customer may choose one of the following payment methods: payment against invoice, payment with credit or debit card, or processing by PayPal.

5.2 All the transactions between the Customer and the Seller are made in Swiss Francs.

5.3 In relation to registered customers from Switzerland, the purchase price could be paid by invoice within 30 days. The invoice will be sent together with the parcel.

5.4 Customers outside Switzerland can pay by the bank transfer, credit card or PayPal.

5.5 Payments by the Customer shall not be deemed to have been made until they have been credited to the Seller’s business account.

5.6 The delivered goods remain the property of the Seller until full payment has been received.

5.7 In the event of default of payment by the Customer, the Seller shall be entitled to charge default interest at the legal rate, as well as the reimbursement of the necessary and appropriate reminder and collection costs (in any case in relation to, but not exclusively limited to, Entrepreneurs, EUR 40, -).

5.8 In the event of default of payment by the Customer, the Seller is also entitled to demand compound interest from the day of delivery of the goods.

5.9 In the event of default of payment by the Customer, the Seller is entitled to withdraw from the contract step by step, without prejudice to the other regulations. Regarding the other withdrawal options, reference is made to the relevant legal provisions.

6. DELIVERY AND RISK TRANSFER

6.1 Ordered and paid Products will be delivered by the Seller to the address specified by the Customer, using the delivery method agreed by the Parties.

6.2 The Seller should dispatch ordered Products from his warehouse within a reasonable timeframe, which should not normally exceed five business days from payment of the Products, unless other terms have been expressly agreed by the Parties.

6.3 The risk of accidental loss and/or damage of the ordered and paid Products passes to the Customer upon handover.

6.4 If the Customer has not accepted the goods as agreed (default of acceptance), he is nevertheless obliged to pay, and the price risk passes to him. In this case, the Seller shall also be entitled to reimbursement of the expenses incurred due to the delay in acceptance.

7. WARRANTY, LIABILITY AND DAMAGES

7.1 Compensation due to breach of an obligation arising from the contractual relationship is to be paid under the statutory requirements. In the case of other limitation periods, the claim for damages must be asserted in court within three years of becoming aware of the damage and the damaging party. The same applies to claims based on the Product Liability Act. All instructions on the packaging and supplements should be observed. No liability is accepted for any other application and/or handling.

7.2 If the Customer is an Entrepreneur, the Seller is not liable for slight negligence or loss of profit, except for personal injury. Claims for recourse are excluded, unless the person entitled to recourse proves that the fault was caused in the Seller’s sphere, and the Seller was at least grossly negligent.

7.3 The Customer has a legal warranty right in respect of Products defects. The warranty period for Consumers is 24 months, and for Entrepreneurs 12 months. The warranty period for Products starts from the moment that the sold Products are handed to the Customer.

7.4 Damages or defects of Products as the result of improper treatment by the Customer during transportation, application or storage of the goods do not establish a warranty claim against the Seller. The Customer should refer to the instructions, delivered with the Products, for the proper handling of Products. In case of any doubts or difficulties with interpretation, the Customer should contact the Seller for further clarification.

7.5 Defects must be reported within the warranty period. Properly and timely reported defects should be rectified by the Seller. If a rectification, exchange or an improvement is not considered viable (not possible, too much effort, unreasonable, delay, etc.), the Customer is entitled to a price reduction, or, if the defect is not insignificant, to cancellation of the contract (conversion).

7.6 Warranty rights do not exist for minor changes in performance. Such minor changes in performance of the agreed Products or Services, or deviations, are reasonable for the Customer if they are minor and objectively justified. This applies in particular to deviations caused by the matter (e.g. in terms of dimensions, colours, structure, etc.).

7.7 This clause only applies to Customers who are Entrepreneurs: Entrepreneurs must examine the delivered goods for defects within a reasonable period of time and notify the Seller of these in writing within a period of one week after receipt of the goods; otherwise the assertion of the warranty claim is excluded. Hidden defects must be reported to the Seller in writing within a period of one week from discovery. Timely dispatch is sufficient to meet the deadline. The Entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time the defect was discovered and for the timely notification of the complaint.

7.8 The costs for the return in the event of a defect are to be covered by the Seller. In this case, the Customer should contact the Seller’s customer service using the details provided in Section 12 (The Seller’s contact details).

8. RIGHT OF WITHDRAWAL

8.1 The Consumer may withdraw from the online sales contract within 14 days from the date when the purchased Products were handed over to the Consumer (Withdrawal Period), without specifying any reason.

8.2 In order to withdraw from an online contract, the Consumer should explicitly inform the Seller about such intention (execute Withdrawal Communication) within the Withdrawal Period, using the contact details provided in Section 12 (The Seller’s contact details) of the Terms, and return the Products to the Seller’s office, safely packed and within the period of 14 days from the date of the Withdrawal Communication to the Seller.

8.3 When the Products in one order are delivered separately, the Withdrawal Period starts from the date when the last Product was handed over to the Consumer in such an order.

8.4 In the event of an effective withdrawal, the Seller will reimburse the Consumer for the payments (execute Repayment) he has made (excluding the return shipping costs) within 14 days of the day of the Withdrawal Communication.

8.5 The Seller can delay the Repayment until he receives the returned goods (and checks them) or until the Consumer provides proof that the Seller has the goods, whichever is the earlier for the Consumer.

8.6 For Repayment, the Seller uses the same means of payment that the Consumer used in the original transaction, and does not charge any fees for the refund, unless Parties have expressly agreed otherwise.

8.7 The Consumer shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functionality of the goods.

8.8 There is no right of revocation for the delivery of:

  • quickly perishable goods, sealed goods that are not suitable for return due to health protection or hygiene reasons as soon as the seal has been removed (e.g. opened preparations)
  • goods which, due to their nature, were inseparably mixed with other goods after delivery
  • goods that are not prefabricated and the manufacture of which are clearly tailored to the personal needs of the Consumer

8.9 Withdrawal communication can be made by the Consumer in any form. A model withdrawal form is provided below as a sample:

To: Intersyn AG
Stadtle 2, 9490 Vaduz,
Principality of Liechtenstein.
Tel: +423 384 37 39
Email:

With the present letter, we provide you with notice of withdrawal from the contract of sale of the following goods:
(* list of the goods)
(* date when the goods were ordered)
(* order or invoice reference number)
(* consumer name)
(* consumer postal address)
(* consumer email)
(* current date)
(*) Insert data as appropriate

9. QUESTIONS AND COMPLAINTS

9.1 In case of any questions or complaints, the Customer may contact the Seller using the contact details mentioned in Section 12 (The Seller’s contact details) of the Terms.

9.2 The Customer may also use the platform for Online Dispute Resolution (ODR) developed by EU Commission:

10. DATA PROTECTION AND CHANGE OF THE CUSTOMER’S ADDRESS

10.1 The Customer consents to the fact that the personal data included in the purchase contract is also saved and processed by the Seller with the aid of automation in order to fulfill the Sales contract.

10.2 The Customer is obliged to notify the Seller of changes to his residential or business address as long as the contractual transaction is not completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address.

10.3 The Customer who is a Consumer, must refer to the Privacy Policy for more information on how the Seller handles the Consumer’s personal data.

11. MISCELLANEOUS

11.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

11.2 The failure of the Seller to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.3 These Terms are effective unless and until terminated by either of the Parties. The Customer may terminate these Terms at any time by notifying the Seller that he no longer wishes to use the Services.

11.4 The Seller reserves the right, at his sole discretion, to update, change or replace any part of these Terms by posting updates and changes on the website. It is the Customer’s responsibility, unless otherwise prescribed by the law of certain jurisdictions, to check the Seller’s website periodically for changes. The Customer’s continued use of or access to the Seller’s website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

11.5 All logos, samples, catalogues, brochures, illustrations and the like shall always remain the Seller’s intellectual property; in the absence of a separate agreement, the Customer receives no rights of use or exploitation whatsoever.

12. THE SELLER’S CONTACT DETAILS

12.1 Legal address:
Intersyn AG, Stadtle 2, 9490 Vaduz, Principality of Liechtenstein.

12.2 Postal address for correspondence and returns:
Intersyn AG, Stadtle 2, 9490 Vaduz, Principality of Liechtenstein.

12.3 Infoline:
Tel: +423 384 37 39
Fax: +423 384 37 40

12.4 Email:

Vaduz, March 01, 2021