Terms and Conditions, Privacy Policy and Imprint

General Terms and Conditions and Privacy Policy of POWERLIFE AG, POWERHAIR AG, and PowerForm AG, with their registered office in Zug (hereinafter referred to as "Providers").

Version 1.0, as of February 2024

INTRODUCTION AND DEFINITIONS OF TERMS OF THE GENERAL TERMS AND CONDITIONS (GTC)

The General Terms and Conditions (hereinafter "GTC") apply to all products and services, including nutritional counseling (hereinafter "Products"), provided by the Providers. A customer is defined as any natural or legal person who contacts a Provider (in any form, including by phone) or purchases products from them. Providers and customers together are referred to as "Parties".

1. ACCEPTANCE OF THE GTC

By confirming acknowledgment and acceptance of the GTC during the ordering process, the customer acknowledges the following GTC in full.

2. SCOPE

These GTC apply to all paid or unpaid product deliveries and services of the Providers. The GTC apply exclusively. Contradictory or deviating terms and conditions of the customer shall not apply, unless a Provider has confirmed their applicability in writing and in advance. A written version of these GTC can be obtained from each Provider.

3. SERVICES OF A PROVIDER

A Provider provides its services in a professional and careful manner in accordance with these GTC and any additional contractual provisions. Each Provider strives to offer the best products to the customer.

4. OFFER, CONTRACT CONCLUSION

The products published on a Provider's website are considered a binding offer subject to the following reservation. This offer is unilaterally conditional in the event of delivery impossibility or if there is an incorrect price indication (by the manufacturer or by the Provider). In the aforementioned cases, each Provider reserves the right to terminate the contract by notifying the customer. However, each Provider endeavors to deliver as soon as possible (after) in the event of delivery impossibility and to inform the client about the order status to the best of their ability. The conclusion of the contract is made by sending the order (on the webshop) by the customer. The receipt of the order by a Provider is indicated to the customer by means of an automatically generated acknowledgment of receipt. This automatically generated acknowledgment of receipt is not binding but is merely intended to confirm to the customer that the order initiated by them has been received and is being processed by a Provider. If a Provider terminates the contract in accordance with the above provision, they will inform the customer as soon as possible. In such a case, each Provider is obliged to refund any price already paid by the customer.

5. PRODUCT INFORMATION, PRICES

A Provider always endeavors to inform and educate the customer about the products offered on the webshop to the best of their ability. The information published on a Provider's webshop is provided to the best of their knowledge and belief. However, the Providers cannot accept any liability for the timeliness, correctness, completeness, or quality of the information provided. They disclaim any liability in this regard. Reference is made to Clause 10. Unless otherwise stated, all prices include the statutory value-added tax.

6. PAYMENT TERMS

The customer undertakes to pay by advance payment or by credit card. Other payment terms may be provided by a Provider.

7. PAYMENT METHODS

In order to offer you the payment methods of PayPal, Apple Pay, Twint, and payment by credit card, we may need to transmit your personal data in the form of contact and order data to PayPal, Apple Pay, Twint, or to the institute of your credit card during the checkout process, so that these organizations can check whether you are eligible for the above-mentioned payment methods and whether these organizations can tailor the payment methods to you. Your transmitted personal data will be processed in accordance with the PayPal Privacy Policy, the Apple Pay Privacy Policy, the Twint Privacy Policy, or the Privacy Policy of the institute of your credit card. We refer you to our privacy policy, where you can find information about the collection and use of your personal data.

8. DELIVERY

Upon receipt of the order and sending the corresponding order confirmation, each Provider undertakes to provide the service as soon as possible. The customer is contractually obliged to accept the duly offered service. In the event of non-delivery, the customer has the right to withdraw at the earliest four weeks after the agreed delivery date. In the event of cancellation due to non-delivery, the Provider refunds any amounts already paid by the customer in advance. All estimated delivery times are subject to change without notice. They serve only as a rough guide and are not binding. The products offered by a Provider are formulated and blended based on the customer's specifications, with the Providers collaborating with suppliers. Therefore, a purchase contract is made under the unilateral condition of non-delivery/impossibility of delivery. If a product is no longer manufactured or cannot be delivered by the supplier, each Provider reserves the right to terminate the contract by notifying the customer. Any liability of the Providers is excluded in such cases. Products delivered to the customer remain the property of the Provider until the full purchase price has been paid. Transport damage (visible and concealed) and incorrect deliveries must be reported to the respective Provider within 5 days of receiving the shipment. In such cases, the product must not be used and must be returned. Damages must be reported to the shipping company upon receipt, or at the latest within 2 days, and certified if possible. For customers in Switzerland, goods are delivered free of charge directly from the Provider's central warehouse to their home for orders over CHF 350 (Switzerland). For orders from Switzerland below this value, shipping and postage costs are CHF 10. For shipping abroad, the currently valid shipping costs are automatically calculated during checkout on the webshop.

9. CANCELLATION, RETURNS, PRODUCT RETURNS

Food Products: Food products (including micronutrients) cannot be returned.

For all other products (i.e., products that are not food products): If the package is delivered damaged, the customer is obliged to take immediate photos of the damaged package. They should not open the damaged package and should not accept it (i.e., the customer should return the damaged package to the postal carrier). If the package is delivered damaged in the mailbox, the customer should take photos of the damaged package and return it immediately. The customer should contact the Provider immediately if the contents of the package are damaged.

10. LIABILITY AND DISCLAIMER

Each Provider undertakes to provide services to the customer with care in accordance with these GTC and the other contractual provisions. In any case, claims for damages arising from impossibility of performance, breach of contract, culpability at the time of contract conclusion, or tort, unless intentional or grossly negligent action is involved, are excluded. This disclaimer of liability applies to each Provider as well as to their assistants. Liability for indirect damages and consequential damages resulting from use, malfunction, or failure of performance is excluded.

Disclaimer regarding information received from the customer: Each Provider requires various personal information from the customer for formulating and blending the products tailored to the customer. This information is obtained from the customer, who fills out a corresponding questionnaire. The customer undertakes to provide truthful information to the Providers, especially regarding their health condition, pregnancy, medical treatment, and medications. Each Provider disclaims any liability if the information received is partially or completely inaccurate and if errors and/or damages result from the inaccurate information.

Disclaimer regarding the webshop and website: The content of this website and webshop has been created with the utmost care and to the best of knowledge and belief. The Providers do not guarantee the timeliness, correctness, completeness, or quality of the provided content. Liability claims against a Provider relating to material or immaterial damages caused by the use or non-use of the offered information or by the use of incorrect and incomplete information are excluded unless there is demonstrable intentional or grossly negligent fault on the part of the Provider. Each Provider expressly reserves the right to change, supplement, delete parts of the webshop or the entire offer without separate notice. A Provider is not obligated to monitor third-party information transmitted or stored on the website. Removal or blocking of such content occurs immediately upon the Provider's knowledge of a specific legal violation. Liability of the Provider is only possible from the time of knowledge of a specific legal violation.

11. CHANGES TO THE GENERAL TERMS AND CONDITIONS

The Providers reserve the right to amend the GTC at any time. Changes to the GTC will be communicated to the customer in advance by email, stating the effective date. A Provider cannot be held liable for insufficient notification or non-receipt of the email referring to the GTC changes. For purchase orders sent before the amended GTC come into effect, the previous GTC still apply even after the amended GTC come into effect.

12. JURISDICTION AND APPLICABLE LAW

The place of jurisdiction for all disputes with the Provider is Zug, subject to any mandatory places of jurisdiction under federal law and international treaties. The contract is subject to Swiss law (excluding the UN Convention on Contracts for the International Sale of Goods (CISG)).

13. COPYRIGHT NOTICE

These GTC are protected by copyright. Each Provider has the exclusive right of use. Any reproduction, distribution, or other use is prohibited. In particular, the use of these GTC, whether unchanged or modified, for one's own commercial purposes is prohibited and will be subject to civil and criminal prosecution.

14. PRIVACY POLICY

14.1 Introduction
This privacy policy is addressed to individuals who visit our websites and to individuals who are in contact (in any form, including by phone) with a provider. Your trust is important to us, which is why we take data protection seriously and ensure appropriate security measures. We are committed to handling your personal data responsibly. Of course, we comply with the provisions of the Federal Data Protection Act and, where applicable, other data protection regulations. We would like to point out that secure data transmission over the Internet (e.g., communication via email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible. To inform you about the personal data we collect from you and the purposes for which we use it, please review the following information. Please contact us immediately if you have any questions or need further information.

14.2 What personal data do we collect?
Personal data includes all information or data that may identify you. This may include, for example: name, telephone number, email address, postal address, IP address, browser information, and date and time of access. We may also collect additional personal data if necessary for optimizing our marketing strategy (cookies, Google Analytics, and for our newsletters) or if it is necessary and required for us to respond to your request. Since each request must be analyzed on a case-by-case basis, the personal data we may need to collect varies from customer to customer. Please contact us if you would like to know what additional personal data we collect from you or if you have any questions about this.

14.3 Why do we use personal data?
We use personal data to respond to your request and communicate with you. We only collect and use personal data to the extent necessary for the establishment, content-related design, or modification of the legal relationship. This is done, if applicable, based on Art. 6 (1) lit. b GDPR (General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), which allows the processing of data for the performance of a contract or pre-contractual measures. We only collect personal data about the use of our website to the extent necessary to enable you to use the service or to bill you.

14.4 Links
On our website, you may find links to third-party websites. We are not responsible for the content and privacy practices on external websites that you may access through links. Please refer directly to the respective websites for information on privacy.

14.5 Who is the responsible entity? The responsible entity is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data. The responsible entity and the contact details are provided in the imprint (in Section 15). If you have any questions about data protection or your rights, wish to request information, or wish to have your data deleted, please contact us.

14.6 How long are personal data stored?
We store your personal data for as long as our processing purposes, legal retention periods, and our legitimate interests (e.g., documentation and evidence purposes) require it, or storage is technically necessary.

14.7 Disclosure of data to third parties
In order to offer you information on our website and to keep our website up-to-date, we work with various service providers, in particular IT service providers. These service providers only use your data within the scope of order processing for us. This disclosure only occurs if you have expressly consented to it or if the disclosure is necessary for the purpose of contract processing or to fulfill our legal obligations.

14.8 Your rights
To the extent provided by applicable data protection law, you have the right to obtain information free of charge about the personal data stored about you, its origin and recipients, and the purpose of data processing. Under the legal requirements, you also have the right to correction, deletion, restriction of processing, or objection to processing, and, if the GDPR applies, to receive these data for transmission to another entity. You can revoke consent given by you with effect for the future at any time. A simple notification by email to us is sufficient for this purpose. Please note that the aforementioned rights are subject to legal restrictions and may, if necessary, impair or make it impossible to provide our services. Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner.

14.9 Personal data related to payment methods
We refer to Section 7 of the GTC.

14.10 Data security
We take appropriate technical and organizational security measures to protect your personal data against unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls, and further controls. We also take internal data protection very seriously. Our employees and the service companies commissioned by us are obliged by us to maintain confidentiality and to comply with data protection regulations.

14.11 Currency and changes
We reserve the right to change or adapt this privacy policy at any time. We recommend that you regularly visit our website to inform yourself about any changes or adjustments to the privacy policy.

IMPRINT

For POWERLIFE AG: POWERLIFE AG
Bahnhofstrasse 25
6300 Zug
Tel: 041 710 66 02
Email: info@powerlife.ch
UID: CHE-409.904.743
CH-ID: CH-170-3044026-4

For PowerForm AG: PowerForm AG
Bahnhofstrasse 25
6300 Zug
Tel: 062 888 88 28
Email: info@powerform.ch
UID: CHE-337.900.922
CH-ID: CH-320-9085040-9

For POWERHAIR AG: POWERHAIR AG
Bahnhofstrasse 25
6300 Zug
Tel: 041 41 710 20 70
Email: info@powerhair.ch
UID: CHE-425.850.761
CH-ID: CH-170-4012786-3