The business relationships between Swiss Mountain Essence AG (beyond3454.com / Swiss Mountain Essence AG, Schliessa 19, 9495 Triesen, hereinafter "Swiss Mountain Essence") and its customers shall be governed by the following General Terms and Conditions (GTCs) in the version currently available and valid when the website is accessed or when goods are ordered.
The offer for Swiss Mountain Essence applies to customers residing in countries in which it is possible to buy products at our online shop.
A customer is defined as any natural or legal person who maintains business relations with Swiss Mountain Essence. The GTC, the terms of delivery and payment as well as the data protection regulations may be amended from time to time. Swiss Mountain Essence asks you to read these terms carefully every time you visit the website and every time you order goods.
These terms and conditions apply exclusively. Any conflicting, supplementary or deviating terms and conditions must be expressly confirmed in writing by Swiss Mountain Essence in order to be valid. When ordering goods, the customer confirms that they fully accept these terms and conditions, including the terms of delivery and payment.
Should individual provisions of these GTCs prove to be invalid or unenforceable, or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
2. Information on the website beyond3454.com
The website beyond3454.com contains information about products and services. The website provider reserves the right to make price and product range changes as well as technical changes. All information on www.beyond3454.com (product descriptions, illustrations, films, mass, weights, technical specifications, accessory relationships and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or warranties, unless explicitly stated otherwise. Swiss Mountain Essence endeavours to provide all information on this website correctly, completely, up-to-date and clearly, but Swiss Mountain Essence cannot guarantee this either expressly or implicitly.
All offers on this website are subject to change and are not to be understood as binding offers.
Swiss Mountain Essence cannot guarantee that the listed products will be available at the time of ordering. Therefore, all information regarding availability and delivery times is provided without guarantee and is subject to change at any time without notice.
Unless otherwise stated, Swiss Mountain Essence's prices include statutory VAT, any early recycling fees (VRG) and copyright fees. The prices are in the customer’s respective national currency.
Any shipping costs will be charged additionally, unless otherwise provided, and are to be paid by the customer. Shipping costs are shown separately in the ordering process.
Swiss Mountain Essence reserves the right to make technical changes and to correct errors and misprints. In particular, Swiss Mountain Essence may make price changes at any time and without prior notice. Sales prices do not include consulting and support services.
4. Shipping costs
Swiss Mountain Essence charges only a flat rate of CHF 9.90 for orders with a value less than the value of goods defined in webshop. This applies to the dispatch of orders in Switzerland and the Principality of Liechtenstein.
Deliveries to other countries will be charged according to actual expense and incurred third-party costs. In these cases, Swiss Mountain Essence shall make an offer on request and before the order is executed.
5. Conclusion of the contract
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from Swiss Mountain Essence. By placing an order via this website, including the acceptance of these GTCs, the customer makes a legally binding offer to conclude a contract. Swiss Mountain Essence then sends an automatic "order confirmation" by email, which confirms that the customer's offer has been received by Swiss Mountain Essence. Orders placed are binding on the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Swiss Mountain Essence sends a declaration of acceptance by email confirming the dispatch of the ordered products or services.
Orders will only be delivered after complete receipt of payment (exception: delivery against invoice) and if the goods are available. If, after conclusion of the contract, it turns out that the ordered goods cannot be delivered or cannot be delivered in full, Swiss Mountain Essence is entitled to withdraw from the entire contract or from a part of the contract. If the payment of the customer has already been received by Swiss Mountain Essence, the payment will be refunded to the customer. If no payment has yet been made, the customer is released from the payment obligation. In the event of termination of the contract, Swiss Mountain Essence is not obliged to make a replacement delivery.
6. Payment options and retention of title
The payment options specified in the order process are available to the customer. Swiss Mountain Essence uses the Klarna payment solution. Swiss Mountain Essence points out that fees may apply to the buyer if an electronic means of payment is used. In any case, these are to be borne by the buyer. This also applies to any currency differences incurred by the customer.
Swiss Mountain Essence reserves the right to exclude customers from individual payment options or to insist on prepayment without stating reasons.
The products delivered to the customer remain the property of Swiss Mountain Essence until full payment has been made.
7. Delivery, inspection obligation, notice of defects and return
The deliveries will be sent by post or courier service to the address indicated by the customer in the order. Invoicing is by email or by post. With the dispatch, the benefit and risk are transferred to the customer.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Swiss Mountain Essence may terminate the contract by email after notification of a complaint to the customer and set a reasonable deadline and invoice the costs for the activities.
The customer is obliged to inspect the delivered goods immediately after receipt of the delivery and to report any defects for which Swiss Mountain Essence warrants, without delay, by telephone on +423 262 33 25 or email to the address email@example.com
Returns to Swiss Mountain Essence are at the customer's expense and risk. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects, to the return address given by Swiss Mountain Essence by email or telephone.
If, during the examination by Swiss Mountain Essence, it turns out that the goods do not have any detectable defects or are not covered by the manufacturer's warranty, Swiss Mountain Essence may charge the customer for the activities, the return or any disposal.
8. Right of withdrawal
The customer from the EU/EEA is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends or announces the written revocation to Swiss Mountain Essence by email (firstname.lastname@example.org) or by telephone on +423 262 33 25 within the deadline. The withdrawal does not require any justification. Customers from Switzerland shall not be granted a right of withdrawal.
The exercise of the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address specified by Swiss Mountain Essence at (Swiss Mountain Essence AG, Schliessa 19, 9495 Triesen). Returns to Swiss Mountain Essence are at the customer's expense and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided that Swiss Mountain Essence has already received the return goods or the customer can provide proof of shipping.
Swiss Mountain Essence reserves the right to demand appropriate compensation for damage, in particular to bottles, labels or packaging, and to deduct the impairment from the purchase price already paid or to charge the customer.
No right of withdrawal shall be granted in the following cases:
- When bottles have opened.
- If the contract is subject to fluctuations, particularly price fluctuations, which the provider cannot influence.
- If the contract relates to a product which, because of its nature, is not suitable for return or is liable to deteriorate rapidly;
- If the contract relates to a product that is manufactured according to the consumer’s specifications or is clearly tailored to personal needs.
Swiss Mountain Essence strives to deliver goods of impeccable quality. Balsamico in particular is a natural product and is therefore subject to minimal qualitative variations. The customer must therefore inspect the object of purchase immediately upon receipt. In the event of defects reported in good time, within 14 days of receipt of a product in writing and provided with the order number to email@example.com or by telephone on +423 262 33 25, Swiss Mountain Essence warrants that it will provide a free replacement or equivalent replacement, or refund the purchase price. Further claims are excluded.
The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the customer or third parties, or defects attributable to external circumstances.
Swiss Mountain Essence is not able to give assurances or guarantees regarding the topicality, completeness and correctness of the data as well as the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and other contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate any rights of third parties that are not owned by Swiss Mountain Essence.
Swiss Mountain Essence excludes any liability, irrespective of its legal basis, as well as claims for damages against Swiss Mountain Essence and any assistants and vicarious agents. In particular, Swiss Mountain Essence shall not be liable for indirect damage and consequential damage caused by defects, loss of profit or other personal injury, property damage or pure financial loss of the customer.
Swiss Mountain Essence uses hyperlinks only for the simplified access of the customer to other websites. Swiss Mountain Essence cannot know the content of these websites in detail, nor can it assume any liability or other responsibility for the content of these websites.h
11. Data protection
Swiss Mountain Essence may process and use the data recorded in the context of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of the service can also be passed on to commissioned service partners (logistics partners) or other third parties.
The other data protection regulations are available at the following link: https://www.beyond3454.com/policies/privacy-policy
12. Further provisions
Swiss Mountain Essence expressly reserves the right to change these General Terms and Conditions at any time and to put them into effect without notice.
In the event of disputes, Liechtenstein law shall apply exclusively.
The place of jurisdiction is Vaduz, Principality of Liechtenstein, insofar as the law does not provide for mandatory places of jurisdiction.
13. Copyright notice
All rights, in particular copyrights, to these General Terms and Conditions are vested in Swiss Mountain Essence.
Any reproduction, distribution or other use is prohibited, and is be permitted only with the express written consent of Swiss Mountain Essence. In the event of a violation of this requirement, Swiss Mountain Essence RESERVES the right to take legal action.
If you have any questions about these terms and conditions, please contact: firstname.lastname@example.org