Terms of Service

GENERAL TERMS AND CONDITIONS – MACAD’OR AG

1.General, Scope of Application

1. These general terms and conditions (hereinafter referred to as “GTC-W “) apply to all business relations between MACAD’OR AG (hereinafter referred to as “supplier”) and its customer in the respective version valid at the time of the conclusion of the contract for transactions which are carried out via our website.
2. Deviating general terms and conditions of the customer are rejected.
3. Customers according to §1 (1) are consumers as well as entrepreneurs. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed, or freelance activity. On the other hand, an entrepreneur is a natural or legal person or partnership with legal capacity who places an order for commercial, self-employed, or freelance purposes.

2. Ordering one-off deliveries and conclusion of the contract

1. The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is merely invited to make an offer by placing an order. The customer can view the General Terms and Conditions at any time.
2. When one or more products are selected, the latter is placed in the virtual shopping basket. In the shopping basket, all products assigned to it can be viewed. In addition, the number of ordered products can be changed or an ordered product can be removed. By pressing the button “Checkout”, you will be asked to enter the information relevant for shipping and to select a payment method. Before completing the order, you will be shown a summary of all the information relevant to the order. By pressing the “Buy now” button, the ordering process is completed and the order is sent.
3. By sending the order to the Internet shop, the customer submits a binding offer directed toward the conclusion of a purchase contract for the goods contained in the shopping basket. By sending the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the supplier.
4. The supplier confirms receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contractual offer shall be made within two to three days by delivery of the goods or an express declaration of acceptance.
5. In deviation from §2 (4), in the case of purchase by advance payment, the order confirmation simultaneously represents the acceptance of the contractual offer.

Order, cancellation and conclusion of the contract for subscriptions

1. The presentation of the goods as a subscription in the Collamin-Shop does not constitute a binding offer of the provider to conclude a subscription. The customer is merely invited to make an offer by placing an order. The customer can view the GTC at any time at collamin.ch.
2. After the selection of one or more products by the button “subscription purchase” the customer receives the possibility an order for a subscription, which differs in the frequency. In the shopping cart, the products assigned to the subscription can be viewed. By pressing the button “Checkout” you will be asked to enter the information relevant to the shipment and to select a payment method. Before completing the order, you will be shown a summary of all information relevant to the order. By pressing the button “Buy now”, the ordering process is completed and the order is sent.
3. By sending the order in the Collamin-Shop, the customer submits a binding offer directed at the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely authoritative for the legal relationship with the provider.
4. The customer acknowledges that depending on the selected frequency of the subscription, monthly or every two months a credit card statement is executed.
5. The customer can choose a subscription, which differs in the term as follows.
   1. Subscription: monthly
      1. Monthly delivery of the ordered goods
      2. The duration of the contract is indefinite and can be cancelled at any time.
      3. Packages are shipped on the same day each month, starting from the day of subscription, as long as this day does not fall on a weekend. (Example: If the subscription was made on 06 November, the next packages are scheduled to be sent on 06 December, 06 January, etc.).
      4. The packages will be sent only when the credit card settlement has been successfully completed.
   2. Subscription: every two months
      1. Delivery of ordered goods every two months
      2. The contract period is indefinite and can be cancelled at any time.
      3. Packages will be shipped on the same day every two months, starting from the day the subscription is taken out, as long as this day does not fall on a weekend. (Example: If the subscription was made on 06 November, the next packages are scheduled to be sent on 06 January, 06 March, etc.).
      4. The packages will be sent only when the credit card settlement has been successfully completed.
6. The provider confirms the receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made within two days by the first delivery of the goods selected in the subscription or an express declaration of acceptance.
7. Cancellations can be completed at any time in the Collamin account under My-Subscription or by e-mail to service@collamin.ch.

MACAD’OR AG

Keyword: Cancellation

Eistrasse 5a | 6102 Malters

The cancellation conditions from §13 of these GTC apply.

4. Prices

1. For orders, the prices listed for the products at the time of the order apply. All prices are inclusive of VAT and do not include shipping costs unless explicitly stated by MACAD’OR. Any customs duties are included in the price. Additional costs will be charged separately.

5. Delivery conditions

1. For deliveries to Switzerland, shipping costs of CHF 9.80 will be charged if the value of the goods is less than CHF 50. If the value of the goods exceeds CHF 50, delivery to Switzerland is free of charge.
2. The supplier is entitled to partial deliveries and partial services. Any costs arising in this connection shall be borne by the supplier.
3. Delivery to Switzerland is made by Swiss Post. The supplier ships daily.
4. If a buyer does not accept the goods, the supplier may sell the goods to a third party after a period of 2 weeks and hold the original buyer liable for any loss incurred.
5. Should the goods not be available due to force majeure or product discontinuation or should the supplier not be able to procure the ordered products under reasonable conditions and should these circumstances only occur after the conclusion of the contract and are not the responsibility of the supplier, the supplier shall be released from the obligation to deliver. If events occur which make delivery significantly more difficult or impossible for the supplier – for example, strike, lockout, official orders, or similar – the supplier is not responsible for delays even in the case of bindingly agreed deadlines and dates.
6. If you make use of your right of withdrawal, the customer shall bear the regular costs of the return shipment.

6. Terms of payment

1. For one-time orders, which do not constitute subscriptions, we offer prepayment, credit card (Visa, Mastercard), PayPal, and Post Finance as payment methods. We reserve the right to exclude certain payment methods.
2. For orders that constitute a subscription, after the MyCollagen check has been completed, we offer the payment methods credit card (Visa, Mastercard). We reserve the right to exclude certain payment methods.
3. In case of payment in advance, payment is due immediately after the conclusion of the contract. Please transfer the total amount to this bank account:

Account holder: MACAD’OR AG, 6105 Schachen LU

IBAN:               CH78 0483 5073 3886 5100 1

Bank number:        4835

BIC/SWIFT:     CRESCHZZ80AXXX

Bank:               CREDIT SUISSE (Schweiz) AG       

• If you pay by credit card, the amount is reserved when the order is placed, and the account is debited when the goods are dispatched.
• In the case of subscriptions, the amount is debited monthly when the goods are dispatched.
• Purchase on account

In the case of purchase on account, the invoiced amount must be paid to the account indicated on the invoice by the due date indicated on the invoice form at the latest. The payment method purchase on account does not exist for all offers and requires, among other things, a successful credit check by MACAD’OR. If the customer is permitted to purchase on account for certain offers after the creditworthiness has been checked, the payment will be processed. We remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, declarations of revocation and returns or credit notes even if the customer buys on account.

If you do not meet your payment obligation, you will be in default upon expiry of the payment deadline set for you without further reminder and will have to pay default interest of 8%. MACAD’OR is entitled to charge a reminder fee of up to CHF 30.00 per payment reminder as well as other fees, in particular the costs of any collection procedure.

7. Transfer of risk

1. In the case of customers, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the customer or a recipient designated by the customer when the goods are handed over. This applies regardless of whether the shipment is insured or not. In all other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods shall pass to the buyer upon handover, or in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the carrier or other person or institution designated to effect the shipment.

8. Retention of title

1. In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties

9. Maturity

1. Payment of the purchase price is due upon conclusion of the contract.

10. Exclusion of liability

1. Claims for damages on the part of the customer are excluded unless otherwise stipulated below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the supplier, insofar as the customer asserts claims against them.
2. Excluded from the exclusion of liability stipulated in clause 1 are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations. Material contractual obligations are those the fulfillment of which is necessary to achieve the objective of the contract, e.g. the supplier must hand over the item to the customer free of material defects and defects of title and procure ownership of it. Also excluded from the exclusion of liability is the liability for damage caused by an intentional or grossly negligent breach of duty on the part of the supplier, his legal representatives, or vicarious agents. 11.

11. Prohibition of assignment and pledging

1. The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the provider’s consent unless the customer proves a justified interest in the assignment or pledging.

12. Offsetting and right of retention

1. The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
2. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately. If you have any questions regarding the collection, processing or use of your personal data, or if you wish to request information, correction, blocking or deletion of data, or if you wish to withdraw your consent, please contact: +41 41 450 02 60

13. Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days:

1. In the case of a sales contract, from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
2. In the case of a contract for several goods ordered as part of a single order and delivered separately, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
3. In the case of a contract for the regular delivery of goods over a fixed period of time, from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

To exercise your right of withdrawal, you must inform us (MACAD’OR AG, Eistrasse 5a | 6102 Malters, e-mail info@macador.ch) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. [3]

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods without delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract to

MACAD’OR AG
Eistrasse 5a | 6102 Malters
Schweiz

or to hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. The customer bears the costs for the return.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

14. Cancellation form

If you wish to cancel the contract, please complete and return this form.

To:

MACAD’OR AG,

Eistrasse 5a | 6102 Malters

info@macador.ch

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*) ______________________________

– Name of consumer(s): ______________________________

– Order number: ______________________________

– Address of consumer(s):

______________________________

______________________________

______________________________

– Signature of the consumer(s) (only in case of paper communication):

______________________________

– Date:

(*) Delete as applicable.

15. Legal liability for defects

1. The statutory liability for defects applies to all our products.

Important note: Please consult your doctor in case of known intolerances. The same applies to possible interactions with other products taken by you at the same time.

16. Money-back guarantee

1. In addition to the statutory withdrawal period, the customer has the option of returning the products within 16 days, with a right to a refund of the purchase price. The period begins after receipt of the goods and after expiry of the statutory withdrawal period.
2. The customer is entitled to the money back guarantee only if the product has not been opened or the product is in a bad condition. The product must be returned at the expense of the customer.
3. Upon successful receipt of the goods by the supplier within the 16-day period and if all the above conditions are met, the full purchase price will be refunded to the customer.
   

17. Vouchers & refer a friend

1. Voucher codes cannot be purchased but are issued as part of promotional campaigns. These are only valid during the specified period. After one use or expiry of the validity period, the voucher will expire. Individual products may be excluded from the voucher campaign.
2. For successful referrals of new customers through “Refer a friend”, the registered user of www.collamin.com will receive shop credit in the amount of CHF10. Only registered users who have already placed and paid for an order at www.collamin.com can refer friends. The credit will only be credited for referring new customers, i.e. those who have not previously been customers at www.collamin.com, and as soon as these new customers have completed and paid for an order. Referred new customers receive a credit of CHF10 upon registration. The credit can only be redeemed for a minimum order value of CHF 50 and not in conjunction with a voucher. The credit is valid for one year.
3. For administrative reasons, it is not possible to refund any remaining value of the vouchers or credit. If the value of a voucher or credit is not sufficient for the order, the remaining amount can be compensated with the payment options offered.
4. Vouchers and credit balances can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
5. Vouchers and credit cannot be transferred to third parties. Several vouchers cannot be combined with each other.
6. Vouchers will not be refunded if goods are returned in whole or in part. www.collamin.com. is not liable for the loss or theft of promotional vouchers.

18. Choice of law & place of jurisdiction

1. The contractual relationship between the provider and the customer is governed by Swiss law. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

19. Data protection

1. The regulations of our data protection declaration apply to data protection.

20. Access to the text of the contract

1. We store the text of the contract and send you the order data by e-mail. You can view past orders in your customer account.

21. Severability clause

1. Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions.

MACAD’OR AG

Eistrasse 5a | 6102 Malters

E-mail: info@macador.ch

Managing Director: Urs Fischer

Status: 01.04.2022