GTC

1. General

Orgena SA, head office: Stradon 116, CH-6557 Cama, takes on the role of seller in the terms and conditions. The customer / visitor of the website that of the buyer. The general terms and conditions are based on Swiss law and apply within Switzerland, provided that the parties expressly or tacitly accept the terms and conditions. Changes are only effective if they are confirmed in writing by the seller. These terms and conditions apply indefinitely. The provisions of the Swiss Code of Obligations and other Swiss laws and ordinances apply to all points not specified in the GTC. Should a provision of this contract be or become ineffective, or if a point is missing in the contract, this shall not affect the legal validity of the remaining provisions. Instead of the ineffective provisions or the undefined point, Swiss law according to the Code of Obligations then applies. The general terms and conditions apply to all orders, visits and subscriptions made on the stayhighswiss.com website, as well as to all other deliveries, services and reservations made by Orgena SA.

2. Offer and Item

From a legal point of view, the online shop with all products is only a non-binding online catalog and does not constitute a binding application.

2.1.1. Offer

Not all articles are always available. If an article is not available, the seller orders it from the supplier and then sends it to the buyer. Should the seller not be able to deliver an article or several articles, he has the possibility to exchange the article (s) with replacement articles (see point 2.2.2.). The seller can also withdraw from the contract if he cannot deliver by reimbursing the buyer for the price paid (for payments with cash, prepaid and credit card, see point 4). In the case of purchase on account, the seller can withdraw from the contract at any time by informing the buyer via the email address given in the order. Claims for damages due to late delivery or non-delivery are excluded. With the first order of a buyer on account (see point 4.2), the seller is entitled to request an advance payment and can also request this for further orders.

2.1.2. Conclusion of the contract

The buyer only submits a binding order for the products in the shopping cart by clicking the “Order” button during the ordering process. To confirm that the seller has received the order, he sends the buyer an automated email. The seller can accept the contract by delivering the goods to the buyer within ten days. In the case of “advance payment” (manual payment), the buyer also concludes a reservation contract with the seller.

2.2.1. Items

Small optical deviations from the images of the goods are possible.

2.2.2 Replacement items

Articles will only be exchanged if the seller is unable to deliver a specific product within a reasonable period. The seller is entitled to deliver an equivalent product of the same type and the same or a higher price at the price of the ordered product instead of the ordered product.

3. Shipping and delivery

The seller sends all incoming orders with swiss Post A Mail, Priority Mail (parcel), Notime, UPS, DHL or Fedex dependig on the order specifics.

3.1 Shipping and minimum order value

The minimum order value is CHF 20.00. The seller sends orders with an order value of CHF 20.00 or more throughout Switzerland free of charge (partial deliveries possible, certain orders are sent without a tracking number). For orders under CHF 20.00, the seller will charge the buyer in Switzerland CHF 3.95 including VAT, a flat-rate minimum order quantity surcharge, in addition to the goods ordered. If a package is not picked up, the buyer still has to bear the costs of the order (items ordered + shipping costs). For a second shipment, flat-rate shipping costs of CHF 10.00 will be charged by the seller to the buyer. For all other additional shipments, flat-rate shipping costs of CHF 10.00 will be charged by the seller to the buyer. In the case of shipments abroad, the resulting costs for the seller are passed on to the buyer.

3.2 Handover benefit and damage.

Benefit and damage are transferred to the buyer as soon as the seller sends the goods (seller brings the parcel / letter / pack with the ordered goods to the post office).

3.3 Late delivery

The delivery time specified on the website of 1-2 working days is adhered to. But the seller is not legally in default even after payment. In the case of purchase on account, the seller reserves the right at any time not to deliver the goods and is therefore never really in default.

3.4 Delivery to a wrong address

If a buyer gives a wrong name or address in the order, all costs incurred by the seller will be passed on to the buyer. If the invoice is not paid, the seller is entitled to charge the buyer who has not truthfully stated his identity, processing fees of CHF 500.00. However, this only occurs if the buyer cannot be found or is difficult to find and the invoice is not paid.

3.5 International shipping

We do not deliver to regions outside of Switzerland.

4. Prices and Payment

All prices include VAT plus the stated shipping costs. The ordered items are sent to the buyer immediately after the order is placed. With the first order by a buyer on account (see point 4.2), the seller is entitled to request an advance payment and can also request this for further orders; the payment conditions for the advance payment also apply, as defined in point 4.2 in these terms and conditions. The buyer also receives an order confirmation. by email. Claims for damages due to delay or impossibility or non-performance, including those that arose up to the withdrawal from the contract, are excluded.

4.1 Research

If the shipment is not received by the buyer within 10 days of receipt of the shipping confirmation, it is the buyer’s duty to notify the seller of this immediately. An investigation into the consignment of a buyer will only be initiated by the seller if the buyer has notified the seller of this in accordance with his obligations. However, if the buyer has not properly reported the lack of delivery, an investigation must be initiated directly at the post office by the buyer himself.

4.2. Purchase on account and collection

The buyer must pay the amount owed within 10 days from the order date. After the period of 10 days after the order has expired, the buyer is legally in default of payment. If the amount is not paid by then, the seller will send a reminder to the buyer via the e-mail address given in the order and grant the buyer an extended period of 10 days. If the amount owed has not been paid even after this extended period of 10 days (20 days after the order date), processing fees of CHF 20.00 will be charged or billed. A payment period of 10 days is granted for the new claim (order amount + CHF 20.00 processing fee). If the claim has still not been paid by this point in time (30 days after the order date), the claim will be forwarded to a debt collection office.

If we initiate a debt enforcement or debt collection procedure in our own name, we charge the customer a flat rate of CHF 80.00 and 15% of the amount due in addition to CHF 20.00 and the amount due.

Orgena SA initiates such proceedings after 60 days of default at the earliest and can consult the customer at any time and reduce or even waive her own fees at her own discretion but is not obliged to do so.

4.2.1 Duty to inform in the event of default in payment.

The seller undertakes to inform the buyer of the delay. This happens when the first free reminder is sent by email. An invoice with a payment slip will be sent to the buyer for the second reminders and additional fees charged. If the buyer changes his address, he is obliged to inform the seller of this.

4.3. Purchase with PostFinance, Credit Cards, Twint, crypto currencies, …

As soon as the payment has been processed (the goods are delivered to the buyer on. If the amount does not reach the seller (e.g., amount is rejected), the provisions of point 4.2 in these terms and conditions apply (4.2 purchase on account and collection). The seller is obliged to inform the buyer that he has not received the amount and that the buyer must pay the amount owed.

4.3.1. PostFinance, Credit Cards, Twint, crypto currencies, …

The seller does not charge the buyer any fees for payments. The buyer is obliged to pay the total order amount and that the full amount arrives at the seller. In the event of incomplete payments, the seller reserves the right to cancel the order (s) or to deliver the order only after the full amount has been paid.

4.4. Purchase with cash

The buyer pays open orders in the warehouse / shop (Orgena SA, Stradon 116, CH-6557 Cama) with cash.

4.5. Purchase in advance/bank transfer

The buyer pays the order amount in advance to the seller’s bank account. To avoid delays, the buyer must note the order amount. The seller delivers no later than one working day after the value date of the payment if it is displayed on the seller’s account.

4.6. No payment method selected.

If the order is not paid for in the checkout using the above payment methods (4.2 – 4.5), the seller is entitled to cancel the order or to send the order by invoice. If an order is placed and no payment method is selected, the payment terms of point 4.2 in these terms and conditions apply.

5. Retention of Title

Delivered goods remain the property of the seller until the purchase price has been paid in full. We are also entitled to have the retention of title entered. In the event of measures to protect the seller’s property, the buyer is obliged to cooperate. If the amount owed is not paid, the buyer is obliged to return the goods to the seller in perfect condition at his own expense. Even if the seller withholds the goods, the terms of payment in accordance with point 4.2 Purchase on account and collection in these terms and conditions apply to the buyer.

6. Defects and warranty

Upon receipt of the goods, the buyer must check the goods for defects as soon as possible. The buyer must notify the seller of any obvious defects within seven working days by sending an email to.

6.1 Defects

The postage costs for the return are borne by the buyer. If there are defects, the item (s) that are defective according to the buyer must be returned to the seller to the following address.

Orgena SA, Stradon 116, CH-6557 Cama

6.2 Guarantee (warranty)

The warranty expires if the buyer wears or changes the product. The warranty period is 1 year, but the product must not be worn or changed, otherwise the guarantee will expire. The seller sends back to the supplier all items that are defective according to the buyer. Only if the seller’s supplier acknowledges the defects and grants the seller a repair, a reduction in price, a complete exchange or even a conversion, the buyer has the right to have the seller repair or replace the item (s) (partially or completely). according to point 6.2.1. If the seller’s supplier does not acknowledge the defects, the warranty obligation for the seller and the right to a warranty for the buyer expire.

6.2.1 Free rework, exchange, reduction, and conversion

During the warranty period, the seller has the right to free rework, a partial or complete exchange of the article is permitted. If defects are not remedied within a reasonable period, the buyer is entitled to a reduction in price. Any kind of change is excluded unless the seller withdraws from the contract.

6.2.2 Product liability

The seller assumes no liability for his products if the buyer does not use the product according to the instructions for the product. Therefore, no liability is assumed for the use and application of pollen shakers, pollen extractors and digital scales of the buyer.

7. Age of majority

ID checks are repeatedly conducted on online orders. We reject all customers in the online shop who have not reached the age of 18 and block the customer account. By accepting the terms and conditions, the customer confirms that he has reached the age of 18. When the customer places an order, he is obliged to truthfully state the date of birth in the order process. The age must be stated truthfully every time you visit the website. Every visitor to the website is obliged to correctly indicate the age. Expenses for returns that result from incorrect information about the age are fully borne by the buyer or his legal representative.

If Orgena SA is punished with a fine because someone orders something who is not of legal age, the legal representative of the buyer must pay the costs incurred by the fine for the seller, provided that the buyer is capable of judgment. If the buyer is not capable of judgment, it is impossible for him to have his own domicile address, so his legal representative is responsible for what he purchases.

7.1 Seller’s obligation to provide information.

The seller informs the buyer each time they visit the website that one must be 18 years old to visit or purchase. On the buyer’s side, you will be told several times that you are 18 years old and must confirm it every time you visit.

Each time you visit the website, a window appears where the seller expressly points out that the customer must truthfully state his age.

7.2 Forgery of Identity

Anyone who does not give their date of birth truthfully is liable to prosecution. Forgery of identities is an offense in Switzerland and is punishable by imprisonment of up to three years or a fine.

We are entitled to initiate criminal proceedings if you forge your identity.