TENACI SA | GENERAL TERMS AND CONDITIONS OF SALE

Legal document – Tenaci SA
Last updated: 01.09.2025 – Rev. 01

1. Scope of Application

These General Terms and Conditions of Sale (“GTC”) govern the rights and obligations of Tenaci SA and its customers in connection with the purchase of goods and services through the Tenaci SA online store, www.tenaci.ch (“online store”). The version of the GTC in force at the time the order is placed shall apply. The current version may be consulted at any time on www.tenaci.ch. Tenaci SA reserves the right to amend these GTC at any time. Any provision deviating from these GTC requires the prior written agreement of Tenaci SA.

2. Online Offer

Registration with the online store and the purchase of products from Tenaci SA are reserved for adults who are domiciled in Switzerland (the “customers”). The goods are intended exclusively for private use. Tenaci SA reserves the right to impose quantity limitations on goods at any time.

3. Product and Price Information

Product descriptions are provided by Tenaci SA based on the relevant specifications (e.g. quantity, ingredients, nutritional values, health claims, dosage and directions for use, storage conditions, warnings, and expiry date). Products must be used in accordance with the information provided on the packaging or with other instructions issued by qualified professionals.

If customers have any questions when purchasing products, they may contact Tenaci SA using the contact details provided in the order confirmation.

All prices are stated in Swiss francs (CHF), including VAT and excluding shipping costs (see Section 5). Technical modifications, errors, and printing errors are reserved. Tenaci SA may modify prices at any time without prior notice. The applicable VAT amount is declared and displayed during the order process.

4. Order and Conclusion of the Contract

The goods and prices displayed in the Tenaci SA online store constitute a non-binding offer by Tenaci SA to the customer.

By confirming and submitting an order, the customer accepts these General Terms and Conditions (GTC) and submits a binding offer to Tenaci SA to conclude the purchase contract.

The contract is considered concluded when Tenaci SA sends the customer an order confirmation by email.

Once confirmed, an order can no longer be modified.

The availability of ordered goods is not guaranteed. The quantity stated in the order confirmation shall prevail. If the order confirmation specifies a quantity lower than that requested by the customer, the contract shall be deemed concluded for the quantity actually confirmed.

The customer is solely responsible for ensuring that all information provided when placing the order is correct and complete.

5. Shipping Costs

Shipping costs are borne by the customer. The exact amount of the shipping costs is indicated during the ordering process.

Tenaci SA may cover shipping costs from a minimum order value freely determined by Tenaci SA.

6. Payment

The customer shall make payment using one of the payment methods offered at the time of purchase.

Tenaci SA reserves the right not to offer certain payment methods for individual orders.

When payment is made by credit or debit card, the relevant data is transmitted in encrypted form.

Tenaci SA may use customer data to assess the customer's creditworthiness when selecting payment options.

7. Delivery

Orders are normally dispatched on business days within 1–5 working days from the sending of the order confirmation, except in the event of delays due to public holidays.

Products that are not in stock cannot be ordered. If, due to a system or inventory error, an order is accepted for an unavailable product, Tenaci SA will promptly inform the customer. In this case, the customer may cancel the order for the affected items and receive a full refund of the corresponding amount.

For items that are normally available but temporarily out of stock or subject to longer procurement times, the order may be shipped in multiple deliveries at no additional cost to the customer.

The normal delivery period is up to 30 working days. If delivery exceeds this period, the customer may cancel the order for items that have not yet been shipped and receive a refund of the corresponding amount.

If delivery is made to an address other than the customer's own address, the customer is solely responsible for providing the correct delivery details.

Products are delivered by Swiss Post. The benefits and risks pass to the customer when the goods are handed over by Tenaci SA to Swiss Post.

8. Returns

Goods ordered through the online store may be returned in their original, unopened, and undamaged packaging in the following cases:

• If the goods supplied are visibly defective, a complaint must be submitted to info@tenaci.ch, together with photographs clearly showing the defect, within 7 days of receipt. If no complaint is submitted within this period, the goods shall be deemed accepted.
• For goods with defects that are not immediately apparent, the defect must be reported to info@tenaci.chimmediately after discovery. If Tenaci SA determines that a defect exists, the goods may be returned.

Returns are excluded for goods that are no longer in their original packaging or whose packaging has been opened.

The goods must be returned to Tenaci SA in their original packaging.

If the return conditions are met and a replacement delivery is possible, the customer will receive a replacement delivery or a refund (Section 9).

There is no general right of withdrawal or return for goods that are free from defects.

9. Refund Amount

Refunds will be made using the same payment method used for the order.

The maximum refund amount corresponds to the purchase price.

10. Return Shipping Costs

Tenaci SA will cover return shipping costs in the following cases:

• if the customer receives an item different from the one ordered;
• if the customer receives a defective item.

11. Transport Damage

Tenaci SA is responsible for the correct delivery of the goods until they are handed over to Swiss Post.

If the goods are damaged during transport or if goods that have been properly shipped do not arrive at the delivery address, the customer must contact Swiss Post directly and immediately notify Tenaci SA of the incident.

Tenaci SA provides no warranty and assumes no liability in connection with the transportation of the goods.

12. Warranty and Liability

Except in cases of liability provided for under mandatory applicable law—including liability for defective products, intent, and gross negligence by Tenaci SA or its auxiliary personnel—Tenaci SA excludes all liability (including that of its auxiliary personnel) in connection with the contract.

13. Data Protection

Tenaci SA treats customers' personal data as strictly confidential.

Data collected in connection with the conclusion of a contract may be processed and used not only to fulfil contractual obligations, but also for marketing purposes where the customer has given their consent.

For further information, please refer to the Privacy Policy available on the Tenaci SA website at www.tenaci.ch.

14. Place of Jurisdiction and Applicable Law

Swiss law shall apply exclusively, excluding conflict-of-law rules and international treaties, including the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction shall be either the customer's place of domicile or the registered office of Tenaci SA in Lugano.