Terms of Service
Scope
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed and contracts concluded via the online shop of WormUp GmbH (hereinafter referred to as "WormUp").
The drawings, illustrations, images, pattern collections, information, technical data, weight, dimensions, and performance descriptions displayed by WormUp are non-binding, and deviations from the end product may occur. Product changes are reserved.
Ordering, Conclusion of Contract
An order constitutes an offer to WormUp to conclude a contract. Upon submission of the order, the customer automatically receives an acknowledgment of receipt (or order confirmation) confirming that the order has been received by WormUp.
WormUp reserves the right to reject orders in whole or in part without stating reasons. In this case, the customer will be informed, and any payments already made will be refunded. Further claims are excluded, in particular, there is no subsequent delivery of unavailable products.
Prices + Payment Conditions
Vouchers and discount codes cannot be combined with other coupons and discount codes, and they do not apply to already discounted products and special offers. The validity period of a voucher code is communicated upon issuance. If no specific expiration date is provided for the voucher or discount code, it is valid for a maximum of 1 year (365 days) after receipt. All vouchers and discount codes are valid exclusively on www.wormup.ch..
Vouchers and Discounts
Gutscheine und Rabatt-Codes sind nicht mit anderen Coupons und Rabatt-Codes kummulierbar und sie gelten nicht für bereits rabattierte Produkte und Spezialangebote. Die Gültigkeitsdauer eines Gutschein-Codes wird jeweils bei der Ausgabe kommuniziert. Wird kein konkretes Verfallsdatum beim Gutschein oder Rabatt-Code angegeben, so ist er allerhöchstens 1 Jahr (365 Tage) nach Erhalt gültig. Sämtliche Gutscheine und Rabatt-Codes sind ausschliesslich auf www.wormup.ch gültig.
Delivery Conditions, Delivery Times, Delivery Costs
General Delivery Conditions
After payment is received, the ordered goods will be dispatched according to the delivery times listed on the online shop. We only deliver by shipping; self-collection of goods is not possible. We do not deliver compost worms to packing stations.
Temporal deviations are possible, especially on peak days with exceptionally high delivery volumes, with any claims for damages and other claims by the customer being excluded. If not all items are immediately available, it is at WormUp's discretion to make partial deliveries.
The delivery of goods is made by shipping to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the transaction.
At the time of delivery, the customer assumes responsibility for the delivered goods, even if they were not directly received by them.
If the transport company returns the shipped goods to WormUp because delivery to you was not possible, you bear the costs for the unsuccessful shipping. This does not apply if you validly exercise your right of withdrawal, if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the offered service, unless WormUp had announced the service to you a reasonable time in advance.
Any delay in delivery does not entitle the buyer to withdraw from the purchase contract or to claim damages against WormUp.
Delivery Conditions for Living Products
Worms are living products. Worms tolerate temperatures above 25°C (e.g., in the mailbox) or temperatures below 5°C poorly. To ensure that the worms arrive healthy and optimal, we only ship at temperatures between 5° - 25° Celsius. The compost worms are shipped at the ideal shipping time without specifying a desired delivery date.
Please ensure that you are present on the day of delivery in the height of summer and winter or that someone takes delivery from the mailbox for you. Ensure that the worms are spread on the day of arrival or, at most, stored cool for a short time.
Delivery Costs
The delivery costs depend on the value of the ordered goods and the destination country. The delivery costs communicated in the online shop apply. The delivery costs are listed as an additional item in the shopping cart and on the invoice.
Payment
WormUp determines which payment method is offered for each order, and this is visible during the payment process. In principle, payment can be made using one of the following payment methods: credit card (Master/Visa), TWINT, PostFinance Card/e-Finance, or by invoice.
If open claims arise due to refunds during payment, the repayment will be made within 30 days to the account used for the purchase. The period begins upon receipt of the goods by WormUp.
Retention of Title
The goods remain our property until full payment has been received.
Right of Return
General Provisions
You have the right to return the product within 14 days of receiving the goods according to the provisions of this section if you have made a purchase without discounts and if you are dissatisfied with or the product does not fit. This right does not apply to discounted sales. The date of delivery or the first attempted delivery is considered the date of receipt.
Please contact us before returning any item (according to the table) and provide the reason for the return. The costs of return shipping are borne by the buyer. The goods must be sent in the original packaging with the delivery note according to the table:
|
Place and Currency of Purchase |
Switzerland, in CHF |
Europe, in EUR |
|
Return Contact |
bestellung@wormup.ch |
bestellungen@wormup.ch |
|
Return Address |
WormUp GmbH c/o studio Trachsler Hoffmann GmbH Flurstrasse 56 8048 Zürich |
Hartenfels Ceramics Krugbäckerstrasse 14 56235 Ransbach-Baumbach |
All returned items are inspected by us. Purchased products must show no signs of use. A return will be rejected if:
- Signs of use are visible.
- The product is damaged due to transport.
Refund of Purchase Price
For returns, only the purchase price without the originally incurred shipping costs will be refunded. The refund of the purchase price will be made through the same payment method as the original payment was received.
Warranties
General Provisions
WormUp is committed to diligence and generally delivers goods of good quality.
In the event of defects in the delivered goods, WormUp is entitled to rectify them or deliver new ones. If rectification or replacement is not possible, the customer may demand rescission or reduction in accordance with the provisions of Swiss law. Any refund will always be made through the same payment method as the payment was received.
Excluded from warranty are defects that WormUp is not responsible for, such as natural wear and tear, force majeure, improper handling, interventions by the customer or third parties, excessive use or extreme environmental influences, as well as comparable other causes.
Since we cannot monitor the proper application of our products in practice, we only assume liability for the consistent quality of our products at the time of delivery. The customer is responsible for checking the usability of the products on their own.
Obvious defects must be reported immediately, but no later than within 7 days.
Changes to the patina of the clay worm composter are part of the natural process and do not constitute a defect.
Special Provisions: Compost Worms as Living Animals
Our worms are checked for activity before shipping. If you receive lower quality for any reason, please call us immediately. We reject any claims for replacement if reported late.
Ensure that the worms are spread on the day of arrival.
Liability
Unless otherwise stated below, further claims of the purchaser - regardless of the legal basis - are excluded. We are not liable for damages that did not arise from the delivery item itself; in particular, not for lost profit or other financial losses of the purchaser. To the extent that liability is excluded, this also applies to the personal liability of employees, representatives, and vicarious agents. The aforementioned limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury or the Product Liability Act applies.
In the case of other breaches of duty, we are only liable for intent and gross negligence. This limitation also applies to the legal representatives, employees, staff, employees, and vicarious agents of ours.
Data Protection
With regard to data protection, reference is made to WormUp's data protection policy.
Intellectual Property
WormUp reserves all rights for every design, text, and graphic on its website. Copying or any other reproduction of the entire website or parts of this website is only permitted for the purpose of placing an order with WormUp.
Resale
Resale is prohibited. Resale abroad is prohibited unless we give our express consent.
Jurisdiction and Applicable Law
These general terms and conditions are based on Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Place of performance is at the registered office of WormUp. The place of jurisdiction is Zurich.
Severability Clause
Should individual or several provisions of these GTC be or become ineffective, or should these GTC contain gaps, the effectiveness of the remaining provisions shall remain unaffected. In place of the ineffective provisions or the gap, an effective provision shall apply which comes closest to the economic objective intended by the parties.
Final Provisions
When selling the goods specified in the WormUp online shop, only the GTC in their valid version at the time of the respective conclusion of the contract apply. These terms and conditions apply in particular, even if they differ from those of the customer. Furthermore, WormUp reserves the right to make changes to these General Terms and Conditions at any time.