General Terms and Conditions
1. Subject of the contract
WormUp ("WormUp") sells the customers and customers ("you" or "the customer") the goods offered in the online store to the delivery and sales conditions listed below (GTC).
Changes and side agreements to the general terms and conditions of sale and delivery are only effective if confirmed by the supplier in writing. With an order, the customer acknowledges the applicable terms and conditions.
2. Conclusion of contract
The contract between you and WormUp only comes about through an order from you and order acceptance from WormUp. The order is made via internet or telephone. WormUp accepts the order by sending you a) an order confirmation (e-mail or letter post) b) sending a request for payment for the ordered goods or c) delivering the ordered goods.
The order processing and contacting take place usually by e-mail and automated order processing. We ask you to ensure that the e-mail address provided by you for the order processing is correct, so that at this address the emails sent by WormUp can be received. In particular, when using SPAM filters, you must ensure that all e-mails sent by WormUp or third parties commissioned by us with the order processing can be delivered.
3. Product range and product colors
All information about the goods that you receive during the ordering process is not binding. In particular, changes in design and technology that improve the functionality of a product, as well as errors in description, illustration and pricing are reserved.
There are no goods offered that do not comply with the statutory provisions.
We strive to depict the colors of the products truthfully. We point out that there may be deviations of the colors given on the illumination to the actual color shades. Slight color deviations are mostly due to color settings on the monitors and are not a defect.
If you have any questions about our products, please contact us at email@example.com
4. Liability for defects
Our worms are checked for their activity before shipment. If you receive lower quality for any reason, please call us immediately. In the case of delayed notification we reject a replacement claim. Make sure that the worms are spread on the day of arrival.
Since we can not monitor the proper use of our products in practice, we only assume liability for the consistent quality of our products at the time of delivery.
The customer has to check the usability of the products on his own responsibility.
Obvious defects must be reported immediately, but no later than within 7 days.
Changes in the patina of the clay worm composter are part of the natural process and do not represent a defect.
5. Prices and terms of payment
All prices are inclusive of VAT. The valid currency is Euro (EUR). If necessary, additional delivery and shipping costs are specified separately in the respective product description. You have different payment options available for orders that are specified in our online shop.
6.1 General provisions
In the European Union, we send with DPD. The delivery of goods will be made on the way to the delivery address given to you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is authoritative. Notwithstanding this, when selecting the payment method PayPal, the delivery address deposited with PayPal at the time of payment shall be decisive.
If the shipping company sends the goods back to WormUp because delivery was not possible for you, you will bear the costs of unsuccessful shipping. This does not apply if you exercise your right of withdrawal effectively, if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the service offered, unless WormUp provides you with the service had announced a reasonable time previously.
6.2 Shipping of live animals
Worms are living products. Worms do not tolerate temperatures above 25 ° C (e.g., in the mailbox) or temperatures below 5 ° C very well. To ensure that the worms arrive healthy and optimally, we ship only at temperatures between 5 ° - 25 ° Celsius! The compost worms will be sent without your specification of a requested delivery date at the ideal shipping time.
Please make sure that you are present in midsummer and winter on the day of delivery or someone takes the delivery out of the mailbox for you. Make sure that the worms are spilled on the day of arrival or only stored cool for a short time.
We ship worms by default with the fastest shipping option available in your country.
7. Terms of delivery
The delivery time is usually 10-14 working days. We refer to possible deviating delivery times on the respective product page.
Please indicate if you have a requested delivery date for the delivery. We endeavor to meet the deadlines, but the details of delivery times are not binding.
Worms will ship without your specification of a requested delivery date at the ideal shipping time.
Without your express wish no worms will be shipped on Friday.
Any delay in delivery does not entitle the purchaser to withdraw from the contract of sale or to claim damages against WormUp.
8. Retention of title
Until full payment of the purchase price owed, ownership of the delivered goods lies with WormUp. If you fall into arrears with the payment of the purchase price, WormUp is entitled to withdraw from the contract (declaration of resignation) and to take the goods into our possession.
9. Right of return
9.1 General provisions
When purchasing without discounts, you have the right to return the product within 14 days after receipt of the goods in accordance with the provisions of this section if you do not like or disagree with your order. All discounts do not apply to this right. The date of delivery or the first attempted delivery is deemed to be the receipt.
Please contact us before each return (firstname.lastname@example.org) and give us the reason for the return. The costs for the return are borne by the buyer. The goods must be returned in the original packaging with the delivery note to the following address.
c / o Atelier 56
All returned items will be checked by us. Purchased products must not show any traces of use. A return will be rejected if:
- Traces of use are visible.
- The product is damaged due to transport.
9.2 Refund of the purchase price
For returns, only the purchase price will be refunded without the originally incurred shipping costs. The refund of the purchase price is made via the same payment method as the original payment has reached us.
WormUp is committed to care and always delivers goods in a good quality.
In the case of defects in the delivered goods, WormUp is entitled to repair or re-deliver them. If no subsequent improvement or subsequent delivery can be made, the customer may demand a change or reduction in accordance with the provisions of the Swiss Code of Obligations. Any refund will always be made in the same way as the payment was made.
Excluded from the warranty are defects that WormUp is not responsible for, such as natural wear and tear, force majeure, improper treatment, interference by the customer or third parties, excessive stress or extreme environmental influences as well as comparable other causes.
Unless otherwise stated below, further claims of the purchaser - for whatever legal reasons - are excluded. We are not liable for damages that did not occur on the delivery item itself; in particular not for loss of profit or for other pecuniary loss of the customer. Insofar as liability is excluded, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there has been personal injury or the Product Liability Act applies.
For other breaches of duty, we are liable only for intent and gross negligence. This limitation also applies to the legal representatives, employees, employees, employees and vicarious agents of us.
11. Intellectual property
WormUp reserves all rights to any design, text, graphic on its website. Copying or any other reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order with WormUp.
Resale is prohibited. Reselling abroad is prohibited, unless we give our express consent.
13. Jurisdiction and applicable law
These terms and conditions are based on Swiss law. Conventions on Contracts for the International Sale of Goods (CISG) are excluded. Place of fulfillment is at the headquarters of WormUp. Jurisdiction is Zurich.
14. Severability clause
Should one or more provisions of these Terms and Conditions be or become invalid, or should these Terms and Conditions contain gaps, the legal validity of the remaining provisions shall remain unaffected. In place of the ineffective provisions or the gap, an effective provision applies, which comes closest to the economic goal desired by the parties.
15. Final provisions
When selling the goods specified in the WormUp online shop, only the GTC in their version valid at the time of the respective conclusion of the contract shall apply. These terms and conditions also apply in particular if they differ from those of the customer. In addition, WormUp reserves the right to change these terms and conditions at any time.