General Terms and Conditions

§ 1 Scope and Definitions

(1) FIRSTSWISSVENTURES AG, Buchmattstrasse 4a, CH-3400 Burgdorf, Switzerland (hereinafter: “we,” “us,” or “NucleoViva”) operates an online shop for goods at https://nucleoviva.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) A “Consumer” for the purposes of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

§ 2 Conclusion of Contract and Storage of Contract Text

1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at https://nucleoviva.com.

(2) Our product presentations on the internet are non-binding and do not constitute a legally binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following rules apply: The Customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order process consists of the following steps:

Selection of the desired goods.
Adding products by clicking the corresponding button (e.g., “Add to Cart,” “Add to Bag,” etc.).
Checking the details in the shopping cart.
Accessing the order overview by clicking the corresponding button (e.g., “Proceed to Checkout,” “Continue to Payment,” “To Order Overview,” etc.).
Entering/verifying address and contact details, selecting the payment method, and confirming the Terms and Conditions and Cancellation Policy.
If the agreed quality of the goods deviates from the usual quality and usage requirements, confirming a “negative quality agreement.”
Completing the order by clicking the “Buy Now” button. This constitutes your binding order.
The contract is concluded when we send you an order confirmation to the email address provided within three working days.

(4) In the event of a contract conclusion, the contract is entered into with FIRSTSWISSVENTURES AG, Buchmattstrasse 4a, CH-3400 Burgdorf, Switzerland.

(5) Before placing the order, the contract data can be printed or saved electronically using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract (order data, T&Cs, and Cancellation Policy) is carried out via email, partly automatically. We do not store the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by cancelling the order process early, closing the browser window, and repeating the process.

(7) You are responsible for ensuring that the email address you provide is correct and that the receipt of emails is technically guaranteed (e.g., ensuring they are not blocked by SPAM filters).

§ 3 Subject Matter of the Contract and Essential Characteristics

(1) The subject matter of the contract in our online shop is the sale of goods.

The specific products offered can be found on our individual product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality deviates from the usual quality, this will be explicitly mentioned in the description (negative quality agreement).

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery (advance payment), unless we explicitly offer purchase on account. Payment methods are displayed in the shop. Unless otherwise stated, payments are due immediately.

(3) Shipping costs may apply in addition to the stated product prices. These are clearly communicated in the shopping cart system and the order overview.

(4) Unless stated otherwise, all products are ready for immediate dispatch. Delivery times range between 1 and 7 working days after receipt of payment, depending on the delivery country.

(5) Delivery Areas: We deliver to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Liechtenstein, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Switzerland, Slovenia, Slovakia.

(6) If delivery fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us. This does not apply to initial shipping costs if you effectively exercise your right of withdrawal.

§ 5 Right of Retention and Retention of Title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our Cancellation Policy.

§ 7 Contract Language

The contract language is exclusively in German & English.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual duty and for tort is limited to intent or gross negligence.

(2) We shall be liable without limitation in cases of slight negligence where there is injury to life, limb or health, or where an essential contractual obligation has been breached. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfilment is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which you may regularly rely. This includes, in particular, our duty to act and to fulfil the contractually owed performance described in § 3.

§ 9 Warranty and Customer Service

(1) The warranty is governed by statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier as soon as possible. Your statutory warranty claims remain unaffected if you fail to do so.

(4) Customer Service: For questions or complaints, we are available MON-FRI 08:30–12:00 and 13:30–17:00.
EU: +43 720 51 30 12
CH: +41 41 511 02 70

§ 10 Final Provisions / Dispute Resolution

(1) Swiss law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

(3) If the Customer is a merchant or a legal entity under public law, the place of jurisdiction for all disputes is the registered office of the provider (Burgdorf, Switzerland).

(4) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.