General Terms and Conditions (GTC) of FOCUSWater, a brand owned by Rivella AG

These General Terms and Conditions are used by Rivella AG, which is headquartered in 4852 Rothrist (AG), Switzerland, to manage the online trading relationship with customers who place orders on www.focuswater.ch/shop for all orders placed in this way in the version thereof accepted by the customer and applicable at the time the order is placed. To make the text more comprehensible, FOCUSWater is referred to below as Rivella AG.

By placing an order, the customer (hereinafter referred to as the Customer) expressly declares their agreement to these GTC. All orders are binding as soon as the Customer has clicked the “Buy” button. This generates a legally binding purchase agreement, which will be confirmed by an email from Rivella AG confirming the order.

The sales prices quoted by Rivella AG include delivery and are quoted in Swiss francs including the statutory rate of VAT. Despite the greatest care being taken, mistakes may be made and it is therefore possible that incorrect prices may be quoted. All prices quoted are non-binding.

Rivella AG reserves the right to make changes to prices and the range of goods as well as technical amendments. All quotations are subject to alteration. Erroneous details and printing errors are reserved. Should it not be possible to supply one or more items because of a difference in stocks, Rivella AG will inform the Customer as quickly as possible and will offer them items of equal value. If the Customer does not want any of these items, the amount will be refunded.

The goods ordered will remain the property of Rivella AG until they are paid for in full.

Gift vouchers cannot be subdivided and may only be redeemed for the full amount. Cash payment is not possible. Gift vouchers may not be replaced if they are lost or stolen.

Payment methods

Twint, credit cards (Visa, MasterCard), PostFinance Card, PostFinance e-finance, PostFinance Pay and payment on account (via POWERPAY) are accepted as payment methods. The payment on account payment option is available solely to private customers in the online shop. Nevertheless, private customers have the option of giving their company’s address as the delivery address. Corporate customers should contact shop.focuswater@rivella.ch directly if they would like to make enquiries about payment on account.

Rivella AG is expressly authorised by the Customer to undertake credit checks at its discretion and, if applicable, to pass the Customer’s data to third parties for this purpose.

Any fees charged by card companies for paying by credit card will be borne by the Customer.

The payment on account payment option will be processed by POWERPAY/MF Group, in return for which the amounts owed will be assigned to them. Payments to discharge the debt may only be effected by a payment slip made out to MF Group.

When paying on account, the Customer shall accept the GTC of POWERPAY/MF Group and shall agree to the necessary data being transferred to POWERPAY/MF Group for the purpose of checking the Customer’s identity and credit rating.

On a case-by-case basis, Rivella AG reserves the right only to supply goods following payment in advance by credit card, PostFinance Card or Twint.

POWERPAY/MF Group will charge late payment fees on outstanding payments. If unpaid outstanding invoice amounts are transferred to a collection service provider, POWERPAY/MF Group will also charge a fee.

In the event of part-payment, interest will be charged on the outstanding amount. In the following month, the Customer will be sent a monthly invoice by POWERPAY/MF Group showing all the outstanding amounts. The monthly invoice will cost CHF 2.90.

Detailed information on the GTC of POWERPAY/MF Group can be found at: https://terms.mfgroup.ch/agbfiles/Powerpay_Checkout_de.pdf

If the Customer has any questions about payment on account,

POWERPAY/MF Group will be happy to provide any information that the Customer may require. More information is available at: www.powerpay.ch.

Rivella AG will be happy to answer any questions regarding orders.

Exclusion of liability

Rivella AG shall not be liable in any way for the information being correct, precise, up-to-date, reliable and complete.

Liability claims against Rivella AG for losses of a material or immaterial nature resulting from access to or use or non-use of the published information, from misuse of the connection or from technical malfunctions are excluded.

All offers are non-binding. Rivella AG expressly reserves the right to amend, add to or delete parts of pages or the entire offer without any separate announcement or to suspend publication temporarily or definitively.

Liability for links

Rivella AG is not responsible for references or links to third parties’ websites. Any responsibility for such websites is rejected. Access to and use of such websites is at the user’s own risk.

Copyrights

Copyrights and all other rights to the content, images, photos or other files on the website belong exclusively to Rivella AG or suppliers of Rivella AG. To reproduce any elements, consent in writing must be obtained in advance from the copyright holders.

These General Terms and Conditions are valid without a signature.

Management of Rivella AG
Rothrist, 11 July 2018