AGB

Effective from 02.07.2024

1. Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between NOVAPULSE NUTRITION AG (hereinafter referred to as "NOVAPULSE NUTRITION AG", "we", or "us") and the customer (hereinafter referred to as "customer", "buyer", or "you") for physical products (hereinafter referred to as "products" or "goods") purchased through our website www.talonlibido.com (hereinafter referred to as "online shop" or "website").

The website and online shop are operated by:
NOVAPULSE NUTRITION AG
Neudorfstrasse 2, 6313 Menzingen
Switzerland
HR No. CH-170.3.049.628-4
VAT No. CHE-456.108.189
Phone: +41 (0)44 508 13 24
Email: contact@talonlibido.com

Any individual agreements concluded with the customer shall take precedence over these GTC. Conflicting terms and conditions of the customer shall not be recognized.

NOVAPULSE NUTRITION AG reserves the right to amend these GTC at any time. All changes become effective upon publication of the new GTC on the website. The applicable GTC at the time of purchase of a product is determined by the date of submission of the binding order to us.

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms as well as our privacy policy, and confirm that you are authorized to enter into legally binding contracts and are at least 18 years old.

2. Conclusion of a Purchase Agreement

The presentation of products in the online shop does not constitute a legally binding offer, but merely an unbinding online catalog or an invitation to customers to order the product from the online shop. NOVAPULSE NUTRITION AG expressly reserves the right to change the products themselves as well as the contents such as images, range, prices, and descriptions of our products at any time and without prior notice. Illustrations, pictures, brochures, advertisements, and other information related to our products are for informational purposes only and are not binding on NOVAPULSE NUTRITION AG.

Customers can place a binding order for selected products via our online shop. Customers may add selected products to the "shopping cart". This does not yet constitute a binding order. An order is only considered binding when the customer clicks the "order with obligation to pay" button at the end of the ordering process on the order page. Before submitting the order, the customer can change and view the information at any time, identify any input errors, and correct them if necessary before making the final binding submission of the order.

An order confirmation will be sent to the customer promptly and automatically via email. This confirmation email contains the details of your order and our terms and conditions that you accepted during the ordering process. The confirmation email serves only as information that we have received your order. A purchase agreement is not yet concluded with the automatic order confirmation. By submitting the order, you confirm that you have read the terms and conditions and agree to them unconditionally. We recommend printing or saving the terms and conditions for the purpose of online ordering and your documentation.

After placing a binding order, NOVAPULSE NUTRITION AG is free to accept the order at its own discretion or to reject it by sending a corresponding notification via email, without assuming any liability towards you or third parties. If an order is cancelled, any payment already made will be refunded to you.

Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is reason to believe that the customer is acting in violation of these terms and conditions, individual agreements, engaging in fraudulent or other criminal activities, or for any other significant reason.

Upon acceptance of the order, a binding purchase agreement is concluded with the customer. This acceptance occurs upon shipment of the ordered goods.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and Performance Reservation of Unavailable Products

All information regarding the availability of our products, as well as shipping and delivery of our goods, are provisional and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable goods or for delays in shipping or delivery of goods is expressly excluded.
Our products are available as long as stocks last.

If NOVAPULSE NUTRITION AG determines during the processing of your order that the goods you have ordered are not available, we will promptly inform you. In this case, a contract for the unavailable goods will not be concluded, as the ordered goods cannot be delivered.

Furthermore, we reserve the right to limit the number of items that can be purchased by a customer. In such cases, we will inform the customer accordingly via email.

4. Prices and Shipping Costs

Our products and prices correspond to those stated on the website. All prices are in CHF (Swiss Francs) and include VAT (value-added tax). The total price of your order, including any additional fees and shipping costs, as well as VAT applicable for your country, will be displayed at the end of the ordering process.

By placing a binding order, you confirm your agreement with the total price for the ordered products. After the order is binding, the price cannot be adjusted.

NOVAPULSE NUTRITION AG reserves the right to change prices at any time. Products will be invoiced based on the prices offered at the time the binding order is placed.

5. Payments Terms / Credit Checks

Orders are due for immediate payment by default.

The customer has the option to pay using the payment methods displayed on the website or during the ordering process. These methods may change from time to time and may vary by country. Additionally, we reserve the right to not offer certain payment methods in specific cases and to refer to other payment methods we use (for example, to mitigate our credit risk only to those corresponding to the respective creditworthiness).

The NOVAPULSE NUTRITION AG is expressly authorized by the customer to conduct credit checks at its own discretion and, if necessary, to disclose customer data to third parties for this purpose. By choosing a payment method, the customer authorizes payment by entering credit card details or access data of a payment service provider.

The customer authorizes NOVAPULSE NUTRITION AG to collect payments accordingly. In case of chargebacks, NOVAPULSE NUTRITION AG is entitled to reimbursement of associated costs and bank processing fees. Furthermore, NOVAPULSE NUTRITION AG is not liable for any fees or other amounts charged to you by the card issuer or your bank due to the processing of your payment according to your order.

When paying by credit card or alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for debiting, verify address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. In case of payment refusal, NOVAPULSE NUTRITION AG reserves the right to cancel the order and cease product shipment. In such a case, we will promptly contact you. For payments by invoice, the customer will receive the invoice with a payment slip upon delivery of the goods or via email.

Payment must be made using the payment slip within the payment deadline specified on the invoice. Failure to make timely payment authorizes NOVAPULSE NUTRITION AG to charge for each reminder a minimum of CHF 50.– and additional costs associated with debt collection, as well as statutory default interest. Should debt collection proceedings become necessary, we will impose an additional processing fee of at least CHF 200.–.

6. Delivery Terms

Delivery is generally handled through the DHL courier service or Swiss Post. For deliveries to the EU & worldwide, the following courier services are used: Swiss Post AG or couriers such as DHL, TNT. The desired delivery service can be specified during the ordering process. The applicable costs must be paid in advance by the buyer.

The items ordered from our online shop that are in stock will be delivered to you within 6–8 working days from receipt of full payment, depending on the destination. You can use the tracking number to monitor the current location of your order.
If products are marked as out of stock at the time of ordering, NOVAPULSE NUTRITION AG will endeavor to deliver the goods as soon as possible. NOVAPULSE NUTRITION AG strives to adhere to the specified delivery times.
However, NOVAPULSE NUTRITION AG is not responsible for delivery delays, regardless of their causes. We will promptly inform you of any delivery delays that occur.
If the impediment to performance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel their order. Further claims, especially claims for damages, are excluded.

If delivery of the goods fails due to the customer's fault despite three delivery attempts, NOVAPULSE NUTRITION AG may withdraw from the contract. Any payments made will be promptly refunded if applicable.

7. Retention of Title

NOVAPULSE NUTRITION AG remains the owner of the delivered goods until they have been fully paid for.

8. Right of Withdrawal and Return Policy

Conditions
For all purchases of our goods via our online shop (with the exception of certain products; see the restrictions on withdrawal below), you, as a consumer[1], have the right to withdraw from the contract within 14 days after receiving the goods, without giving any reason. You can withdraw from the contract within 14 days after receiving the goods, or nominate a third party who is not the carrier, by returning the goods to us at NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen, Switzerland, or by notifying us of your decision to withdraw from the contract in a clear statement in written form (e.g., a letter sent by post, email, or fax). The 14-day withdrawal period begins on the day after you receive the goods and is considered met if the goods or the withdrawal notice are sent back to the specified address on the last day of the period. You may use the model withdrawal form available at the following link, although its use is not mandatory.

The precondition for exercising the right of withdrawal is that you return the goods unused, complete, and intact, if possible in their original packaging. The goods, along with the completed return slip, must be sent to the following address:

NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen, Switzerland, contact@talonlibido.com

Consequences of Withdrawal
If you withdraw from the contract and return the goods properly, we will refund the total amount paid by you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day we receive notification of your withdrawal from this contract or receive the goods back from you. The refund will be made using the same payment method you used for the initial transaction, unless expressly agreed otherwise with you; in any case, you will not incur any fees as a result of the refund. Please ensure that you have access to the specified account, as NOVAPULSE NUTRITION AG assumes no liability in this regard.

We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Withdrawal Restrictions
The right of withdrawal does not apply to the following contracts:

  • Delivery of products that are made to customer specifications or are clearly tailored to the personal needs of the customer (so-called customized, personalized products);

  • Delivery of products that are not suitable for return for reasons of health or hygiene and whose packaging has been opened after delivery.

A consumer within the meaning of EU Directive 2011/83 on consumer rights is a natural person who is acting outside of their trade, business, craft, or professional activity.

9. Notice of Defects / Warranty

NOVAPULSE NUTRITION AG warrants that the goods correspond to the agreed specifications and do not have any defects that impair their value or suitability for the intended use.

Upon receipt of the products, the customer must promptly inspect them for accuracy, completeness, and any possible damage. Errors or damages must be reported to NOVAPULSE NUTRITION AG within 5 working days.

Defects that could not be detected during proper inspection and arise later must be promptly notified in writing upon discovery. Failure to inspect or promptly report a defect will be deemed as approval of the product, and you will no longer be entitled to make claims against us.

The statutory warranty provisions apply for manufacturing defects/material or production defects. The warranty period is 2 years from receipt of the product. Products damaged due to the purchaser's fault or no longer in their original packaging are excluded from warranty.

The customer's warranty claims are limited to replacement delivery or defect rectification/repair, excluding all other claims, especially reduction in price or compensation for indirect or consequential damages. NOVAPULSE NUTRITION AG decides at its own discretion whether to provide replacement delivery or repair.
If replacement delivery or repair fails, the customer is entitled to withdraw from the contract in case of significant defects.
For notification of complaints or service inquiries, please contact us at the following address with the order number, customer number, a description of the error, and any other helpful information:

NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen, contact@talonlibido.com

The defective product must be returned to the above address of NOVAPULSE NUTRITION AG with a copy of the invoice and a detailed description of the defect. The return of a product is at the customer's expense and risk. Please obtain confirmation of your return and keep this confirmation, as your warranty claim cannot be processed in case of package loss.

10. Registration for an Account

When registering a customer account, you can view information about your completed, open, and recently shipped orders, manage and save your address information, any payment details, and optionally subscribe to a newsletter. Since your data is stored, you won't need to enter it again when making future purchases.

By registering for such an account, you are responsible for providing accurate and complete personal data required for registration.

You are obligated to keep your personal access data confidential and not disclose it to unauthorized third parties. NOVAPULSE NUTRITION AG ensures to treat your data confidentially and not to disclose it to unauthorized third parties. For more information on data protection, please refer to our privacy policy.


Registration is free of charge. Each customer is only entitled to maintain one customer account. We reserve the right to delete multiple applications and warn, block, delete, or modify the content of registered customers who violate these terms and conditions or individual agreements.

NOVAPULSE NUTRITION AG is not obligated to accept the registration or order of a registered customer.

11. Complaints

We place great importance on customer satisfaction. You can reach us at any time using the contact information provided above. We endeavor to review your inquiries and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have complaints or grievances, please assist us by detailing the exact issue or symptoms of the problem and, if applicable, providing a copy of the order documents or at least specifying the order number, customer number, etc. We aim to respond to you within 5 working days.

12. Liability

NOVAPULSE NUTRITION AG shall be liable for damages caused by its own intentional misconduct or gross negligence in breach of its obligations under these terms and the contractual relationships based thereon. Liability for slight and moderate negligence as well as for indirect and consequential damages, whether based on contract, tort, or any other legal theory, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, damage to reputation, damages caused by computer viruses, or data loss due to temporary impairments or interruptions in the availability of services provided by NOVAPULSE NUTRITION AG. Furthermore, NOVAPULSE NUTRITION AG assumes no contractual or extra-contractual liability for damages caused by auxiliary persons engaged to perform the service.

The above exclusions and limitations of liability shall not apply in cases of intentional or grossly negligent breach directly attributable to NOVAPULSE NUTRITION AG resulting in injury to life, body, or health, or in cases governed by mandatory legal provisions, including those of product liability laws.

Subject to the foregoing, the total liability under these terms, regardless of the cause, and to the extent permitted by law, is limited to the price of the goods ordered by the customer from us.

Events Beyond Our Control
In the event of circumstances beyond our control and outside our sphere of influence (force majeure), we assume no liability or responsibility for non-performance or delayed performance of any obligations under these terms and the contractual relationship based thereon. Such circumstances beyond our control include, but are not limited to:

  • Strikes, lockouts, or other industrial actions by third parties

  • Invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters

  • Failure of public or private communication networks or the inability to use railways, shipping, air, road transport, or other means of public or private transport.

  • In the event of circumstances beyond our control affecting the fulfillment of our obligations under the contract, we will inform you at the earliest opportunity.

13. Data Protection

NOVAPULSE NUTRITION AG collects and processes personal data only within the framework of legal provisions, particularly in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related inquiries can be found in our privacy policy, which constitutes an integral part of these terms and conditions.

14. Copyright

The information and content published on the website are protected by copyright and are the property of NOVAPULSE NUTRITION AG or the respective rights holder. Reproduction, modification, distribution, or any other form of exploitation is not permitted without the prior written consent of the respective rights holder. NOVAPULSE NUTRITION AG and the corresponding rights holder expressly reserve all rights in this regard.

15. Severability Clause

If any provision of these terms and conditions is found to be unlawful, invalid, or unenforceable for any reason, that shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be replaced by an effective provision that best reflects the economic purpose of the original provision and the intent of the parties at the time of entering into the contract. The same applies to any potential gaps in these terms and conditions.

16. Online Dispute Resolution

The European Commission has established an online platform for alternative dispute resolution (ADR) for consumers residing in the EU. This platform offers an out-of-court procedure for resolving disputes related to and arising from online sales contracts. You can use this platform to resolve disputes that arise from the online contract concluded with us. The platform is available at the following link: http://ec.europa.eu/consumers/odr/

17. Applicable Law and Jurisdiction

These terms and conditions, the contractual relationships based on them, and any disputes shall be governed exclusively by substantive Swiss law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural and legal persons shall be the registered office of NOVAPULSE NUTRITION AG. These provisions apply only insofar as there are no mandatory provisions of the law of the state in which the consumer has their habitual residence that would take precedence over these terms and conditions.

18. Withdrawal Form

Sample cancellation form for physical products

If you wish to cancel the contract, please fill out this form and send it back to:

NOVAPULSE NUTRITION AG, Neudorfstrasse 2, 6313 Menzingen, Switzerland, contact@novapulse.com

I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods:

  • Ordered on/received on*
  • Order number
  • Name of consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only if this form is notified on paper)
  • Date

(*) Delete as appropriate.

Ordered on: ____________________________      Received on:
Name of the consumer(s):
Address of the consumer(s):
City and Date:
Consumer's Signature: