General Terms and Conditions of MycoSolutions AG

May 2023

  1. Scope of application and validity

1.1 The purchase of products of MycoSolutions AG with registered office in St. Gallen, Switzerland, registered in the Commercial Register of the Canton of St. Gallen under the company identification number (UID) CHE-112.155.874, at Lerchenfeldstrasse 3, 9014 St. Gallen is exclusively subject to these General Terms and Conditions (GTC), which form an integral part of a purchase contract concerning products of MycoSolutions, whether by telephone, verbally or by e-mail. If the buyer does not wish to accept these GTC, he must refrain from placing an order. Deviating agreements are only considered binding if they are explicitly accepted in writing by MycoSolutions AG. The application of any general terms and conditions of the customer is excluded.

1.2 These GTC can be adapted by MycoSolutions at any time. The buyer should therefore check the GTC before each new order. The buyer is bound by the current GTC when placing an order.

  1. Order by telephone or email

2.1 In the case of an order enquiry of a potential customer by telephone or email, MycoSolutions sends the potential buyer a binding offer to conclude a purchase contract by email, which the buyer can accept with a reply letter, whereby the purchase contract is considered to be bindingly concluded. A withdrawal from the contract by the buyer after sending the acceptance of the offer is no longer possible.

2.2 Payment shall be made on account within 14 days of the invoice date.

2.3 The ordered products will be dispatched immediately after conclusion of the purchase contract with a delivery period of 2 – 10 working days, depending on the recipient’s location. We reserve the right to delay delivery due to production bottlenecks and will inform the customer accordingly.

  1. Prices, delivery and transfer of risk

3.1 The prices in CHF or EUR net valid at the time of the order shall apply. In addition, the applicable statutory value added tax (if not entitled to deduct input tax, 2.5% for delivery addresses in Switzerland and Liechtenstein, 13% for EU customers, as the shipment is made from a warehouse in Austria) and the applicable shipping costs, which vary depending on the buyer’s country of destination, are owed. There are no customs clearance expenses or costs for EU customers, as delivery is made directly from a warehouse in Austria.

3.2 The choice of the appropriate mode of shipment is at the discretion of MycoSolutions. No specific delivery period is guaranteed. If not all products are available, deliveries can also be made in partial deliveries in consultation with the Customer.

3.3 The risk shall pass to the Buyer upon delivery of the Products to the Buyer. As the products are living microorganisms, the recipient should urgently observe the storage recommendations on the packaging.

  1. Defects and warranty

4.1 MycoSolutions warrants to the buyer that the products correspond to the product description on the website or the offer by email and are commercially durable beyond the delivery date. Any further warranty is excluded. Various factors, such as weather, plant variety, soil conditions, application technique, use of other products, etc., over which MycoSolutions has no influence, may affect the effectiveness of the products. The buyer is responsible for the correct application and storage in accordance with the information on the product label. 4.2.

4.2 The buyer is obliged to check the received products for any defects immediately after receipt and to notify MycoSolutions of any defects within 7 working days after receipt at the latest (a) by e-mail, stating the order number and a precise description of the defect and (b) to return the defective product to MycoSolutions unused, complete and in its original packaging. After expiry of this period, the delivered product is deemed to be approved. 4.3.

4.3 Damage caused to the purchaser by careless opening or use or storage in non-compliance with the product label and instructions for use is not considered a defect. Likewise, unfulfilled expectations of the product which are not explicitly guaranteed in the product description or which are caused by circumstances which are not within the sphere of influence of MycoSolutions do not count as defects.

4.4 If there is a defect for which MycoSolutions is liable according to section 4.1 of these GTC, the buyer is entitled to a replacement delivery. A product that has already been used cannot be returned and replaced. Instead of a replacement MycoSolutions is also entitled to withdraw from the purchase contract and to refund the purchase price to the buyer. MycoSolutions does not provide any further warranty.

  1. Intellectual property

The products and the content published on the website are the intellectual property of MycoSolutions or its contractual partners. The products purchased may be used in accordance with the product description, but may not be reproduced, as some of these are protected by patent law. The contents published on the website may be used for orders. Any other use is prohibited.

  1.  Liability

6.1 The liability of MycoSolutions is limited to the reimbursement of the purchase price paid by the buyer.

6.2 The liability of MycoSolutions for damages or lost profits as a result of defects or delays in delivery of the ordered products is excluded.

6.3 MycoSolutions is not liable for claims against third parties with whom MycoSolutions has not concluded a purchase contract.

  1. Applicable law and place of jurisdiction

7.1 The relationship between MycoSolutions and the purchaser is governed by Swiss substantive law, excluding international conflict of laws and the Vienna Convention on Contracts for the International Sale of Goods.

7.2 The ordinary courts at the registered office of MycoSolutions are exclusively responsible for disputes.

  1. General provisions

8.1 Notices and deliveries from MycoSolutions to the buyer are considered valid if they are sent to the address communicated by the buyer to MycoSolutions in the order.

8.2 Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. Ineffective provisions shall be replaced by provisions that come as close as possible to the intended economic purpose of the ineffective provision.