General Terms and Conditions of Sale
The following general terms and conditions apply to all sales contracts concluded via this website.
Your contracting partner is:
“FloydFungi” – Sarria J.C. Floyd
Moulin Bornu 2
1318 Pompaples
Switzerland
Managing Director:
SARRIA Juan Carlos Floyd
Registered in the Commercial Register: Vaud, CH-550.1.127.246-1
1. Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to the contract concluded between the customer (hereinafter referred to as “customer” or “you”) and “FloydFungi” – Sarria J.C. Floyd (hereinafter referred to as “FloydFungi” or “we”) via the online shop www.floydfungi.ch, including all associated domains, for the delivery of goods offered by floydfungi.ch. All deliveries, services, and performances by FloydFungi are exclusively based on these terms and conditions.
Consumers and entrepreneurs are considered customers as defined in section 1. A consumer is any natural person for whom the subject of the order cannot be attributed to their commercial or professional activity, but rather to personal or family use. Conversely, an entrepreneur is a natural or legal person or a legal partnership who orders for commercial or professional purposes.
FloydFungi provides services exclusively on the basis of these GTC.
2. Conclusion of Contract
The presentation of products in the online shop www.floydfungi.ch does not constitute a contractual offer.
By completing the electronic order process via our online shop, you can order goods. When you select one or more products, they are placed in the virtual shopping cart. All selected products are visible in the shopping cart. The quantity of ordered products can be changed, and a product can be removed. By clicking the “checkout” button, you will be asked to enter shipping information and select a payment method. Before finalizing the order, all relevant information will be summarized for verification. By clicking the “buy now” button, the ordering process is completed.
Your order constitutes a binding offer. Confirmation of receipt of the order follows immediately after your order is sent and does not constitute acceptance of the offer. An irrevocable contract between the customer and FloydFungi is concluded by an order confirmation by email within five days at the latest.
3. Prices
At the time of ordering, the prices of the products indicated in Swiss francs (CHF) apply.
All prices include the statutory Swiss value-added tax and do not include shipping costs. Additional costs are calculated and indicated separately.
4. Delivery Conditions
If FloydFungi incurs additional shipping costs due to an incorrect delivery address or recipient, these costs must be fully reimbursed by the customer.
Delivery in Switzerland and Liechtenstein is charged at the rates imposed by LA POSTE, plus the price of the transport container. That is, CHF 3.50 for any envelope shipment up to 1kg, CHF 10.00 for any parcel up to 2kg, CHF 14.00 for any parcel up to 10kg, and CHF 23.00 for any shipment up to 30kg.
Envelope shipments under 2kg are free for orders from CHF 100, and from CHF 200 for orders up to 30kg.
Delivery is generally carried out by Swiss Post. FloydFungi ships from Monday to Friday. Non-living items will be delivered within 48 hours; living items (mycelium in all forms) will be delivered once ready and packaged; this may take 48h if we have it in stock, but generally, we prepare it for you to ensure maximum potential, which can take 2 to 3 weeks depending on the product.
Products marked in the online shop with a delivery time of “about 2–4 working days” will be delivered within 48h after receipt of the order. Products marked “approx. 2–3 working weeks” are living products we prepare especially for you and require a maturation period. If we notice a possible delay in the maturation of our living products that could extend the delivery time, we will contact you by email.
Products are shipped together, and the shipping date is based on the last available item (usually living products). If necessary, it is better to place two orders to receive certain items more quickly.
FloydFungi is also entitled to make partial deliveries and provide partial services. All costs incurred for separate shipping are borne by FloydFungi.
If a buyer does not accept the goods, FloydFungi may, at its discretion, either sell the goods to a third party after a period of 2 weeks and hold the initial buyer liable for any loss incurred, or insist on performance of the contract. This is without prejudice to other legal claims by FloydFungi.
If the goods cannot be delivered due to force majeure or product discontinuation, or if FloydFungi cannot procure the ordered products on reasonable terms, and if these circumstances occur after conclusion of the contract and FloydFungi is not responsible, FloydFungi is released from the obligation to deliver. If events occur that make delivery by FloydFungi significantly more difficult or impossible – for example, strike, lockout, official orders, or others – FloydFungi accepts no liability for delays, even if binding dates and deadlines have been agreed.
5. Right of Withdrawal
You generally have a right of withdrawal of 14 days. Please send us your revocation within 14 days of receiving the goods (postmark is decisive).
The goods must be returned with your revocation.
We will refund payments after receipt of the goods. The revocation and return must be addressed to: “FloydFungi” – Sarria J.C. Floyd, Moulin Bornu 2, 1318 Pompaples, Switzerland.
Return costs are your responsibility.
For reasons of health protection, hygiene, and sterility of our products, we cannot grant a right of withdrawal if sealed products have been opened.
Withdrawal for products marked with a delivery time of “about 2–3 working weeks” is excluded, as we are obliged to prepare them following your order. Also excluded are all food products and dietary supplements.
6. Payment Terms
Payrexx AG offers the following payment methods as an external payment service provider: credit card (Visa & Mastercard), TWINT, PayPal, and PostFinance.
7. Transfer of Risk
The risk of unforeseen loss and accidental deterioration of the ordered goods passes to the buyer in the case of mail-order sales upon handover of the goods to the carrier or any other person or institution designated to carry out the shipment. The transfer of risk occurs as soon as the seller has individualized the item and handed it over to the carrier. In this case, any damage occurring during transit is borne by the buyer (Swiss law contracts).
8. Data Protection
The provisions of our privacy policy, which form an integral part of these general terms and conditions, apply to data protection. www.floydfungi.ch/protection-des-donnees
9. Disclaimer
The parties expressly agree that the customer’s legal remedies in the event of poor performance or non-performance are limited to the right of withdrawal in accordance with Article 4 of the GTC, and that any other liability, liability for damages, or other claims against FloydFungi are excluded to the extent permitted by law.
Furthermore, FloydFungi is only liable for damages to the customer caused intentionally or by gross negligence by employees of FloydFungi. We are not liable for damages due to slight negligence. To the extent permitted by law, liability for damages caused by auxiliary personnel is excluded.
11. Applicable Law and Jurisdiction
Only Swiss law applies, to the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts of Lausanne (Vaud, Switzerland) have exclusive jurisdiction for all disputes arising from or in connection with these GTC and the legal relationships they govern. However, FloydFungi is also entitled to assert its rights at the customer’s place of residence or before any other competent authority in the absence of an agreement on legal jurisdiction.
12. Severability Clause
If any provision of these GTC is or becomes invalid or void, the validity of the remaining provisions shall not be affected. In the event of invalidity or nullity of a provision, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
13. Reference Language
The original version of these terms and conditions is the French version. In case of dispute, please refer to the French text.
14. Amendments to these General Terms and Conditions of Sale
FloydFungi may amend these terms from time to time. The current GTC can be found at: www.floydfungi.ch/conditions-generales-de-vente
Status: September 2024