General Terms and Conditions (GTC)

1. Scope of application

Musa Calma GmbH (hereinafter referred to as “Musa Calma”) provides all deliveries and services for orders in the Musa Calma online store exclusively on the basis of these GTC in the version valid at the time of the order. By clicking on the order button of an order, the customer accepts the GTC. Our online store is aimed exclusively at consumers.
The online offer is only available to customers residing in Switzerland and Liechtenstein. By making a purchase, the customer declares that he/she is at least 18 years old.
Agreements between Musa Calma and the customer that deviate from these GTC are not recognized, unless Musa Calma has expressly agreed to their validity in writing.

2. Products

All product information in the Musa Calma online store is subject to change and non-binding. No liability is assumed for the completeness, correctness and actuality of the product information.

3. Prices and shipping costs

All prices quoted in the online store are in Swiss francs including the statutory value added tax applicable in Switzerland and excluding shipping costs. The shipping costs are CHF 8.50 including VAT.
Musa Calma delivers free of shipping costs from an order value of CHF 100.00. The goods are shipped by Swiss Post.

4. Orders

Orders can be placed at www.musacalma.ch in the online store. The published products are considered as an offer and are not legally binding, but represent a non-binding offer. The customer can collect the selected products in the shopping cart without obligation, change and view them at any time. By clicking the order button  “Place binding order” and accepting the contractual conditions of these GTC, the customer submits a binding application to purchase the products in the shopping cart. Upon receipt of the order via the online store, the customer receives an automatically generated order confirmation by e-mail. Musa Calma reserves the right to refuse any order placed by a customer and will inform the customer of the refusal. The purchase contract and the general terms and conditions are in German or English.

5. Availability

Musa Calma does not guarantee the availability of products ordered in the online store. If a product is not available, no purchase contract is concluded between Musa Calma and the customer. However, if the order contains unavailable products and available products, the available products will be delivered. The customer has the option of reordering the unavailable products when availability is updated. Musa Calma will inform the customer about unavailable or not fully available products.

6. Delivery

The delivery times of Musa Calma from the order confirmation are 2 to 5 working days. Deadlines and delivery times are not binding and do not constitute a claim for damages or the right to withdraw from the purchase contract for the customer. Immediately upon receipt of the delivery, the customer is obliged to check the products for completeness and correctness and to notify Musa Calma in writing of any defects within 5 days. The products must be kept in their original packaging, unused and in perfect condition. If there are defects, the customer has the right to a replacement delivery or a reduction in the purchase price, but no right in the case of minor defects.
Musa Calma obligations are transferred to the shipping service provider Swiss Post when the order is handed over and are therefore fulfilled. Transport damage and loss must be reported to Swiss Post within 8 days. The benefits and risks of the ordered products are transferred to the customer.

7. Terms of payment

The customer can make the following payments for the amount owed in the online store: Credit card (Visa, Mastercard), mobile payment (Twint) and purchase on account. Data and credit card details are transmitted in encrypted form. Payment of the purchase price is due immediately with the purchase contract, unless the customer chooses purchase on account. The purchase on account option is only possible with a customer account and an order limit of CHF 300.00.
The invoice must be paid within 15 days of the invoice date. Due invoices must be paid before a new delivery is made. If payment is not made on time, Musa Calma may refuse the subsequent order. Costs for reminder fees and default interest will be charged to the customer. In addition, Musa Calma reserves the right to pass on collection procedures and payment information to the collection agency.

8. Return, refund

Musa Calma grants the right to return the ordered products within a maximum of 14 calendar days after receipt, provided that the products are in their original packaging, unused and in perfect condition. After this period, returns are no longer possible. The return costs shall be borne by the customer. Returns must be notified in advance to Musa Calma together with the invoice for the products:

info@musacalma.ch

The right of return and withdrawal is excluded for goods that are perishable or whose expiration date would be exceeded, are sealed and are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery. The right of revocation does not apply to contracts for the delivery of digital content (e-books, digital gift vouchers, etc.) which are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.
The right of withdrawal expires prematurely in the case of digital content if Musa Calma has only started to perform the contract after the customer a) has given his express consent and at the same time confirmed that he is aware that the right of withdrawal expires with the commencement of the performance of the contract of sale by Musa Calma and b) has provided the customer with the content of the declaration on a durable medium within a reasonable period of time after the contract of sale, but at the latest upon delivery of the goods or before the performance of the service has commenced. Musa Calma points out that the conclusion of the purchase contract may be made dependent on the aforementioned consent and confirmation.

Refunds for returned products will be made 14 days after receipt and verification of the respective means of payment used. Shipping costs will not be refunded.

9. Retention of title

The products remain the property of Musa Calma until full payment has been made.

10. Liability

Musa Calma liability for damages to the customer is limited to willful misconduct and gross negligence.
Musa Calma excludes any liability to the extent permitted by law. In particular, Musa Calma is not liable for indirect damage, consequential damage or damage caused by improper use or natural wear and tear.

11. Data protection

Information on data protection can be found in the privacy policy.

12. Copyright and intellectual property

All image material used by Musa Calma is protected by copyright and may only be used by the customer with the written consent of Musa Calma. Furthermore, the use of content, texts, logos and images without the written consent of Musa Calma is also prohibited. Musa Calma is protected in the trademark register for intellectual property. Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and may be liable for damages.

13. Applicable law / place of jurisdiction

These GTC are based on Swiss law. The place of jurisdiction is the registered office of Musa Calma GmbH. Musa Calma is entitled to sue customers at their domicile.

14. Final provisions

Musa Calma reserves the right to amend these GTC at any time.
Should individual provisions or several provisions of these GTC be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the legal validity of the remaining General Terms and Conditions. In the event of any ambiguities and/or contradictions between the German and English texts, the German text shall prevail.

Birmensdorf ZH, April 1, 2024