General Terms and Conditions of Sale (GTCS) – Nexus Health Swiss Sàrl
1. Scope
These general terms and conditions of sale (hereinafter: the “GTCS“) apply to all orders placed with Nexus Health Swiss Sàrl (hereinafter “Nexus“) by a customer (hereinafter: the “Customer“), whether via the Nexus website (hereinafter: the “Website“) or by any other means.
By accepting these GTCS, the Customer expressly waives the right to invoke their own general terms and conditions in the context of the relationship between Nexus and the Customer (hereinafter, individually a “Party” and together the “Parties”).
2. Products
Nexus offers Customers various products listed on the Website or in catalogues made available to Customers by Nexus (hereinafter: the “Products“).
Nexus pays particular attention to the quality of the information and visuals provided on the Website. The main characteristics of the Products are indicated on the corresponding pages of the Website. The Products may change in formulation or packaging in accordance with applicable regulations and at Nexus’s sole discretion.
However, Nexus provides no guarantee regarding the visuals displayed on the Website or the effects of the Products.
By accepting these GTCS, the Customer acknowledges and agrees that Nexus provides no guarantee of results from the Products. The Customer acknowledges and accepts that the recommended dosage on the Website does not constitute informed medical advice and is provided by Nexus purely for information purposes.
Nexus provides no guarantee as to the suitability of the Products for a specific use.
3. Orders
An order is deemed to have been placed by the Customer when the Customer accepts the GTCS and proceeds with payment, or when the Customer confirms their wish to pay by invoice.
Orders placed by the Customer, whether via the Website, by email, or by any other means, are binding on Nexus only after Nexus has sent a written order confirmation (hereinafter: the “Order Confirmation“).
Any modification or cancellation by the Customer of an order after the Order Confirmation is subject to Nexus’s express written acceptance. Failing this, the provisions of Art. 7 (right of return) shall apply.
Quotes and commercial proposals provided by Nexus constitute a simple invitation to enter into contractual negotiations and shall not constitute an agreement binding on Nexus in the absence of an order placed by the Customer, followed by an Order Confirmation.
4. Packaging
Unless otherwise expressly agreed in writing between the Parties, Nexus packages the Products according to its own specifications, in accordance with standard market practices.
5. Delivery
The delivery time for orders is, in principle, [5 to 7 days] in Switzerland and [7 to 14] days for delivery abroad. This timeframe is indicative. It begins to run from the Order Confirmation.
Nexus is authorised to subcontract an order or services without having to obtain the Customer’s express consent.
Nexus endeavours to provide impeccable service. Nexus cannot be held liable for delivery delays attributable to circumstances beyond its control, in particular due to transport contingencies or failures of the logistics provider.
Nexus reserves the right to deliver an order in several partial shipments.
If a Product is defective, damaged, opened, or does not correspond to the order, the Customer shall contact Nexus immediately and must strictly avoid using the Product. Any claim must be made within a maximum of 8 days of receipt of the Products and must indicate the defect observed. Where applicable, the Product must be returned by the Customer, at the Customer’s expense, so that Nexus can verify the alleged defect.
Nexus reserves the right to reject claims concerning Products that have clearly been used by the Customer before being returned.
6. Transfer of risks and benefits
The transfer of risks takes place when the products are handed over to the carrier. From that moment, all risks related to loss, theft, damage, or deterioration of the products are borne by the Customer, whether transport is arranged by the Customer or by Nexus.
7. Right of return
The Customer may return intact and unopened Products, at the Customer’s expense, within 14 calendar days of receipt. Products that are opened, used, damaged, or returned after the deadline will not be refunded or reshipped to the Customer by Nexus.
In particular, the right of return excludes Products whose packaging has been unsealed, opened, damaged, or altered, as well as any Product that cannot be put back on sale for reasons attributable to the Customer.
Proof of dispatch of the return within the aforementioned 14-day period is the Customer’s responsibility.
8. Customer obligations
The Customer undertakes to provide complete, accurate, and up-to-date information when placing any order. Nexus cannot be held liable for consequences resulting from incorrect or incomplete information, in particular in the event of non-delivery, delay, or an error in the order.
The Customer undertakes to use the Products in accordance with the instructions on the packaging, the leaflet, and the website. Food supplements are not a substitute for a varied and balanced diet or for medical supervision.
The Customer is solely responsible for using the Products, for complying with the recommended doses, and for verifying the absence of contraindications (in particular in the event of pregnancy, breastfeeding, medical treatment, or known allergies).
The Products offered are intended for personal and private use. Any resale, distribution, or marketing of the Products without Nexus’s prior written consent is prohibited.
9. International sales
In the event of an order for Products to be delivered abroad, the Customer is solely responsible for complying with the laws and regulations applicable in the destination country, in particular regarding importation, customs, product safety, the composition of food supplements, and labelling.
The Customer acknowledges that certain Products may be prohibited, restricted, or subject to authorisation in certain countries. It is the Customer’s responsibility to verify, prior to ordering, that the ordered Products are authorised for import into the destination country.
Nexus declines all liability in the event that products are refused entry by local authorities or that goods are destroyed by the competent authorities.
10. Prices
Prices indicated on the website are expressed in Swiss francs (CHF), unless otherwise stated. For sales made abroad, prices may also be indicated in another currency for information purposes.
Any transport costs charged to the Customer are shown in the order summary.
Nexus reserves the right to change its prices at any time, without retroactive effect on orders already confirmed.
Unless otherwise stated, prices include applicable Swiss value-added tax (VAT).
For deliveries abroad, prices may be displayed excluding taxes. The Customer is solely responsible for paying any customs duties, local taxes, import duties, or other charges required by the authorities of the destination country. Nexus declines all liability in the event of customs clearance refusal or unforeseen import-related costs.
11. Payment
Payment may be made online (using the methods offered on the website) or by invoice when this option is available.
In the event of payment by invoice, payment must be made within 30 days of the invoice issue date. In the event of late payment, Nexus applies the following reminder policy:
12. Retention of title
The Products sold and supplied by Nexus to the Customer shall remain the sole property of Nexus until the Customer has paid the invoices arising from the sale or supply of these Products (hereinafter: the “Goods Subject to Retention of Title”). Nexus reserves the right to register this retention of title in the relevant public register at any time, including after the sale of the Goods Subject to Retention of Title. If the Goods Subject to Retention of Title are not at the Customer’s address or registered office at the time Nexus wishes to register the retention of title, the Customer undertakes to inform Nexus in writing where they are located.
If, in the Customer’s country of residence, the validity of the retention of title clause is subject to specific conditions or other requirements, it is the Customer’s responsibility to ensure compliance with them.
If the Customer is a professional whose activity consists of reselling the Products (hereinafter: the “Professional”):
The Professional shall not be entitled to any rent in connection with the storage of the Goods Subject to Retention of Title. The Professional undertakes to insure, at their own expense, the Goods Subject to Retention of Title, in particular against theft, breakage, fire, or water damage.
Under no circumstances shall the Professional have the right to dispose of, pledge, or transfer as security the Goods Subject to Retention of Title.
By way of exception to the previous paragraph, the Professional may dispose of the Goods Subject to Retention of Title in the normal course of business, provided that they immediately assign to Nexus the receivables arising from such disposal.
13. Limitation of liability
The preparation, packaging, dispatch, and delivery of the Products are carried out by independent logistics partners.
Nexus cannot be held liable for delays, losses, or damage resulting from defective performance by these third parties, subject to mandatory legal provisions.
Nexus is not liable for acts or omissions of the manufacturer or the logistics provider, who act under their own responsibility.
In any event, Nexus’s liability is limited to wilful misconduct or gross negligence, to the extent permitted by applicable mandatory law. Nexus’s liability arising from the acts of its auxiliaries is, in all cases, excluded.
Nexus’s liability for indirect damage or loss of profit suffered by the Customer is excluded, to the extent permitted by applicable law.
Without prejudice to any other provision of these GTCS limiting Nexus’s liability to the extent permitted by applicable law, Nexus’s total liability in connection with these GTCS or a purchase contract between the Parties, whether contractual, tortious, or based on any other cause, shall be limited to the price of the Products delivered to the Customer.
The limits and exclusions of liability provided for in these GTCS also apply to all directors, employees, auxiliaries, subcontractors, and other persons employed by Nexus in the performance of its obligations.
14. Force majeure
Nexus cannot be held liable for non-performance or delay in the performance of its obligations where such delay or non-performance results from an event of force majeure.
Force majeure includes any unforeseeable, irresistible event beyond Nexus’s control, including, without limitation: natural disasters, fires, floods, pandemics, epidemics, acts of war, riots, strikes, transport disruptions, shortages of raw materials, interruptions to telecommunications networks or postal services, as well as failures of suppliers or independent logistics partners.
In the event of force majeure, the Parties’ obligations are suspended for the duration of the event. If the impediment continues beyond a reasonable period, each Party is entitled to terminate the relevant contract without compensation, subject to payments already made for services provided.
15. Data protection
We comply with the applicable data protection rules:
For Customers based in Switzerland: Federal Act on Data Protection (FADP; SR 235.1)
For Customers in the European Union: General Data Protection Regulation (GDPR – EU 2016/679)
Customer data is used exclusively for order processing and is never shared with third parties for commercial purposes.
For more information, the Customer is referred to Nexus’s Privacy Policy.
16. Confidentiality
The Parties shall treat as confidential the information made available in any form whatsoever (verbally, in writing, online, or in any other form) by the other Party or by a third party on behalf of the other Party, in the context of the negotiation, conclusion, and performance of their purchase contracts (the “Confidential Information“), whether or not such information has been expressly designated as confidential.
The Parties shall use the Confidential Information only for the purpose of fulfilling their obligations under the concluded purchase contracts and these GTCS, and shall ensure that such information is not disclosed to third parties.
This confidentiality obligation does not apply if and to the extent that:
17. Notice
Unless otherwise expressly stipulated in these GTCS or by a separate written agreement, any notice, communication, or written notification between the Parties may be made by email. In this respect, and unless otherwise stipulated, Nexus may use the usual address used by the Customer in the context of the business relationship. Nexus’s contact details are as follows:
Nexus Health Swiss Sàrl
Route des Taulettes 40
3975 Crans-Montana
Switzerland
contact@nexushealth.swiss
079 916 35 38
18. Amendment of the GTCS
Nexus reserves the right to amend these GTCS at its sole discretion and at any time.
The version of the GTCS applicable to an order is the one in force at the time the order was placed.
19. Partial invalidity
In the event of total or partial invalidity of one of the clauses of these GTCS, the other provisions shall continue to govern the relationship with the Customer.
20. Applicable law and jurisdiction
These GTCS and the contracts to which they apply are governed exclusively by Swiss law, without regard to its conflict-of-law rules, and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The Parties agree that any dispute arising from the application or performance of these GTCS shall be submitted exclusively to the competent courts of Sw
