General Terms and Conditions of MycoSolutions AG

1 Scope of application and validity

1.1
The purchase of products from MycoSolutions AG with its registered office in St. Gallen, Switzerland, registered in the commercial register of the Canton of St. Gallen under the company identification number (UID) CHE-112.155.874, at Lerchenfeldstrasse 3, 9014 St. Gallen, Switzerland, shall be subject to the following conditions Gallen (MycoSolutions) is exclusively subject to these General Terms and Conditions (GTC), which form an integral part of a sales contract for products of MycoSolutions, be it a purchase via the online shop operated by MycoSolutions, by telephone, verbally or by e-mail. If the buyer does not want to accept these terms and conditions, he must refrain from placing an order. Deviating agreements are only binding if they are explicitly accepted in writing by MycoSolutions AG. The application of any general terms and conditions of the customer is excluded.

1.2
The GTC can be adapted by MycoSolutions at any time. The buyer should therefore check the general terms and conditions before each new order. The buyer is bound to the current terms and conditions when placing an order.

2 Orders from our online shop

2.1
The offers in our online shop represent a binding offer to conclude a sales contract. When placing an order in our online shop, the buyer accepts this offer bindingly and a sales contract is thus considered concluded. A contract resignation of the buyer after sending the order is no longer possible. MycoSolutions confirms the order receipt immediately by sending a confirmation email.

2.2
Payment is always made in advance by credit card (processing via Stripe online payment service) or Paypal.

2.3
The ordered products will be shipped after successful payment. Delivery usually takes place within 2 – 5 working days, depending on the recipient’s location. Delivery delays due to production bottlenecks are reserved and will be communicated to the customer in writing.

2.4
For regular customers, MycoSolutions offers the possibility of creating a customer account. If this option is used, the user is responsible for ensuring the confidentiality of the account and password and for restricting access to his computer or terminal device. The user agrees to be responsible for all activities carried out through the account or password. The User may view his/her information in the My Account section of the Website. MycoSolutions reserves the right to close customer accounts. This applies in particular in the event that the user violates applicable law or contractual agreements.

3 Orders by telephone or email

3.1
If a potential customer requests an order by telephone or email, MycoSolutions will send the potential buyer a binding offer to conclude a purchase contract by email, which the buyer can accept with a reply letter, with which the purchase contract is considered binding. A contract resignation of the buyer after sending the acceptance of the offer is no longer possible.

3.2
Payment shall be made to the account within 14 days of the invoice date.

3.3
The dispatch of the ordered products takes place immediately after conclusion of the purchase contract with a delivery period of 2 – 5 working days, depending on the place of destination. Delays in delivery due to production bottlenecks remain reserved and will be communicated to the customer in writing.

4 Prices, delivery and transfer of risk

4.1
The prices in CHF or EUR net at the time of ordering in the online shop shall apply. In addition, the statutory value-added tax applicable at the time (if not entitled to deduct input tax, for delivery addresses in Switzerland and Liechtenstein 2.5% for customers from the EU 13%, as shipping is from a warehouse in Austria) and the shipping costs incurred are owed, which vary depending on the recipient country of the buyer. The taxes and shipping costs are displayed in the shopping cart after entering the recipient’s address before completing the order. There are no customs clearance costs for EU customers, as the goods are shipped directly from a warehouse in Austria.

4.2
The choice of the appropriate shipping method is at the discretion of MycoSolutions. No specific delivery time is guaranteed. If all products are not available, deliveries can also be made in partial deliveries in consultation with the customer.

4.3
The risk passes to the buyer upon delivery of the products to the buyer. As these are living microorganisms, the recipient should urgently observe the storage recommendations on the packaging.

5 Defects and warranty

5.1
MycoSolutions guarantees the buyer that the products correspond to the product description on the online shop or the offer by email and are commercially durable beyond the delivery date. Any further warranty is excluded. Various factors, such as weather, plant variety, soil conditions, application technology, application of other products, etc., for which MycoSolutions has no control over, can influence the effectiveness of the products. The buyer is responsible for the correct application and storage according to the information on the product label.

5.2
The buyer is obliged to check the received products immediately after receipt for possible defects and to inform MycoSolutions about the defects within 7 working days after receipt (a) by e-mail, stating the order number and the exact description of the defect and (b) to return the defective product unused, complete and in its original packaging to MycoSolutions. After expiry of this period, the delivered product shall be deemed to have been approved.

5.3
Damages caused to the purchaser by careless opening or use or storage in non-compliance with the product label and instructions for use shall not be deemed defects. Also, defects do not include unfulfilled expectations of the product which are not explicitly warranted in the product description or caused by circumstances beyond the control of MycoSolutions.

5.4
If there is a defect for which MycoSolutions is liable under Section 5.1 of the GTC, the purchaser is entitled to a replacement delivery. A previously used product cannot be returned and replaced. Instead of a replacement delivery, MycoSolutions is also entitled to withdraw from the purchase contract and to refund the purchase price paid to the purchaser. A warranty from MycoSolutions going beyond this does not exist.

6 Intellectual property

The products and content published on the online shop are the intellectual property of MycoSolutions or its contractual partners. The purchased products may be used as described in the product description, but may not be reproduced, as they are partially protected by patents. The contents published on the online shop may be used for orders via the online shop. Any other use is prohibited.

7 Liability

7.1
The liability of MycoSolutions is limited in amount to the reimbursement of the purchase price paid by the buyer.

7.2
The liability of MycoSolutions for damages or loss of profit as a result of defects or delays in delivery of the ordered products is excluded.

7.3
MycoSolutions is not liable for claims against third parties with whom MycoSolutions has not agreed a sales contract.

8 Applicable law and jurisdiction

8.1
Material Swiss law shall apply to the relationship between MycoSolutions and the buyer, to the exclusion of the international conflict of laws provisions and the Vienna Sales Convention.

8.2
The ordinary courts at the registered office of MycoSolutions have exclusive jurisdiction for disputes.

9 General terms and conditions

9.1
Communications and deliveries from MycoSolutions to the buyer are considered valid if they have been sent to the address communicated by the buyer of MycoSolutions in the order.

9.2
Should one or more provisions of the GTC be or become invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by provisions that come as close as possible to the intended economic purpose of the ineffective provision.

Version: July 2019