1.  General clauses

a.  If you do not understand these “Terms and Conditions”, it is your responsibility to ask a representative of Organic Distribution GmbH to explain them to you before you accept them and/or continue using the Website.

b.  These Website “Terms and Conditions” govern the sale of “Products” (as outlined herein) and the use of the Website.

c.  These “Terms and Conditions” are binding and enforceable against every person that accesses or uses this Website.

d. By using the Website, you acknowledge that you have read and agree to be bound by these “Terms and Conditions.”

 

2.  Registering, Guest Check Out & Using the Website

a.  Only Registered Users and/or Guests (Guest Check Out) may purchase “Products” on the Website.

b.  To register, you must provide a unique username and password as well as certain personal details and/or information to Organic Distribution GmbH.

c.  You acknowledge that you will only use your username and password to access the Website and to purchase “Products” and that you will not disclose your username and password to any third party.

d. You agree to notify Granadilla immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and that you will take the necessary steps to mitigate any resultant loss and/or damage.

e.  By using the Website, you warrant that you are (18) years of age and/or older. If you are under the age of (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give “their” consent, then “they” agree to be bound to these “Terms and Conditions” and the entirety of these “Terms and Conditions.”

f.   You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.

g.  You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of a Granadilla Organic Distribution GmbH Representative.

 

3.  Ownership & Copyright

a.  The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law.

b.  The Website Content is the property of Granadilla and Organic Distribution GmbH, and/or its advertisers, sponsors and the like.

c.  Any use, distribution or reproduction of the Website Content is prohibited without the express prior written consent of a Granadilla Representative.

d.  Where any of the Website Content has been licensed to Granadilla or belongs to any third party, your rights of use will also be subject to any terms and conditions, which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

4.  Disclaimer

a.  The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

b.  Organic Distribution GmbH disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content herein unless otherwise provided by law.

c.  Any views or statements made or expressed on the Website are not necessarily the views of Organic Distribution GmbH, its owners, shareholders, directors, employees and/or agents.

d.  Whilst Organic Distribution GmbH takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

e.  Organic Distribution GmbH makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans or any other data which can corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware, or software in any way.

 

5.  Limitation of Liability

a.  Organic Distribution GmbH shall not be liable for any direct, indirect, incidental, special or consequential loss or damages, which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

b.  You hereby indemnify Granadilla against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third-party website.

 

6.  Personal data

a.  The processing of personal data of the users in connection with the website takes place in accordance with the privacy policy.

 

7.  Changes to these “Terms and Conditions”

a.  Organic Distribution GmbH may, in its sole discretion, change the “Terms and Conditions” or any part thereof at any time. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended “Terms and Conditions” have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

 

8.  “Terms and conditions” of sales

a.  Registered Users and/or Guests (Guest Check Out) may place orders for “Products” as long as the “Products” are available and have not been sold out.

b.  An agreement of sale between you and Organic Distribution GmbH will come into effect upon completion of payment or payment authorisation being received by Organic Distribution GmbH and by delivery of the “Products” to you.

c.  You acknowledge that stock of all “Products” on offer is limited. When “Products” are no longer available Organic Distribution GmbH will notify you and you shall be entitled to either be credited or refunded for any payments already made by you.

d.  Whilst Organic Distribution GmbH will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the “Products” when the “Products” are available.

 

9.  Payment

a.  All transactions are encrypted using the applicable encryption technologies & expertise.

b.  Payment can be made for “Products” through and/or via;

            1.  Credit Card

            2.  Apple Pay

            3.  Twint (only Switzerland)

            4.  Invoice (only Switzerland)

c.  Where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.

 

10. Delivery of goods

a.  Purchased “Products” will be dispatched and/or shipped within the first 48 working hours of Granadilla receiving receipt of payment and/or payment confirmation.

b.  Working in accordance with our preferred courier’s services’, we endeavor to deliver as quickly and safely as possible. Our standard delivery time is 2-5 working days. However, delivery times do change, and Organic Distribution GmbH cannot be held liable for not meeting the standard delivery times mentioned above.

c.  Please feel free to contact support@granadillaswim.shop if an urgent delivery is required, and we will do whatever we can to assist you.

d.  Delivery times will vary in accordance with the geographical location of each Registered User and/or Guest (Guest Check Out).

e.  We strive to give our customers the ultimate shopping experience, at affordable rates. The delivery method of “free” deliveries is by means of a Granadilla preferred courier service, and orders will need to be signed for by the person whom paid for, purchased, and/or completed the registration prior to ordering and in accordance with the relevant and applicable laws.

f.   “Free deliveries” refers to the courier cost for European deliveries.

g.  It is the customer’s responsibility to make sure that they sign for their delivery once it has reached their shipping address, and as stipulated by the customer on completing the order. Organic Distribution GmbH Granadilla will not be held responsible for deliveries that are not signed for by Registered Users and/or Guests (Guest Check Out).

 

11. Cancellation, Returns and Refunds

a.  If the “Products” are different from what was ordered, this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery. Otherwise Organic Distribution GmbH reserves the right mentioned under point (11. b. 4.).

b.  Full price and sale merchandise can be returned, without reason and without penalty, within 14 days of your order delivery;

            1.  You shall take all due care of the Products while in their possession.

            2.  All products must be in its original condition – new, unworn and unaltered with all original tags attached.

            3.  Undertake not to utilise the “Products”.

            4.  Customers are advised that Organic Distribution GmbH reserves the right to reject any returns, if Customers have breached such obligation of care, in particular, if the Products returned are damaged or show signs of use (i.e. broken seals, in particular for sun protection products, removed hygiene strips for women’s swimwear, dirt, etc.).

                 In such case, Organic Distribution GmbH will send the returned Products back to the Customer and not refund the price thereof.

            5.  Agree that the purchase will be deemed to have been cancelled, and you will be liable for the costs of returning the “Products”, such as courier and/or shipping charges as well as duties to Distribution GmbH. (If the “Products” are different from what was ordered or damaged by the time of delivery, Organic Distribution GmbH Granadilla will refund the effective cost of delivery).

 

                 Shipping address

                 Organic Distribution GmbH

                 Retouren

                 Auf der Grueb 57

                 8706 Meilen

                 Switzerland

 

            6.  If you are returning “Products” via courier or post office you must package it carefully so that it does not become more damaged en route.

c.  When claiming a return for any faulty Granadilla “Product” you will need to carefully

     complete the following steps:

            1.  Step One: Announce your return at your personal account or announce your return via support@granadilla.shop.

            2.  Step Two: Fill in the required details mentioned under point d (Required details) or send the details via support@granadilla.shop.

d.  Required details:

            1.  Name

            2.  Surname

            3.  Invoice number

            4.  Address

            5.  Products for return

e.  Returns are limited to the original owner of the product that has been purchased from

     Organic Distribution GmbH directly.

f.   Organic Distribution GmbH reserves the right to determine whether your return claim is

     valid for a defective product replacement. Any suspected fraudulent behavior will be.

     marked as fraud and investigated before approving the return.

g.  Will receive a full refund of the purchase price within (15) days of the date of your

     cancellation of the order.

 

 

12. Governing law & Jurisdiction

a.  Subject to any mandatory provisions of applicable law, these Terms are subject to Swiss law.

b.  Place of performance and place of jurisdiction is the respective headquarters of Organic Distribution GmbH. Place of jurisdiction is Meilen ZH.

c.  In the case of a dispute arising in relation to these Terms Users shall first contact Organic Distribution GmbH in order to reach an out-of-court solution.