I. Subject

Art. 1 (1) The present General Terms and Conditions (GTC) provide for the terms and conditions for submission of orders and for delivery of goods offered for sale by Diamond Cherry GmbH (the Supplier) via the website diamondcherry.com.

(2) The present GTC shall represent an integral part of the contract signed by and between the Supplier and the Client and upon submission of the order the Client explicitly declares that he/she is aware of the GTC and accepts them.


(3) Where the Supplier and the Client have agreed on different conditions than the ones provided under the GTC (particular terms and conditions), the particular terms and conditions shall have priority over the GTC.


(4) The GTC are adopted, amended and revoked by resolution of the Supplier’s management body. The amended GTC shall become effective as of the date specified in the resolution of the Supplier’s management body and shall be announced on the web site diamondcherry.com. The amended GTC shall apply to all Clients’ orders and the relevant contracts, submitted after the announcement of the amended GTC on the website.

II. Information for the Supplier

Art. 2 Supplier of the goods is:

Company name: Diamond Cherry GmbH

Registered address: Kappelistrasse 41, 8704 Herrliberg, Switzerland

Mailing address: Kappelistrasse 41, 8704 Herrliberg, Switzerland

E-mail: info@diamondcherry.com; Tel: +41799333333

III. Client

Art. 3 (1) Client of the Supplier shall be every legally capable natural person or legal entity who submits an order for delivery of goods via the Supplier’s website, diamondcherry.com. 


(2) Upon submitting the order by a natural person, the latter confirms that he/she is above the age of 18 and is legally capable to be engaged in legally binding relationships with third parties.


(3) The goods advertised on the website are intended for sale and delivery to final consumers and not for resale. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any contract between the Supplier and the Client, so that no contractual rights are conferred to third parties.
IV. Submission of Orders and Conclusion of Delivery Contracts

Art. 4 Upon the submission of the order via the Supplier’s website, the Client explicitly agreed for the distant conclusion of the delivery contract.

Art. 5 Upon submission of order, the Client shall specify the desired quantity of the respective product and shall press “Add to Basket”. Further the order submission form shall be filled-in by indication of name, billing address, Client’s address (if different from the billing address), telephone and e-mail, confirmation of the method of payment and the Client shall confirm the order.


Art. 6 Each order shall be subject to confirmation by the Supplier. The confirmation shall be made to the e-mail indicated by the Client upon the order submission.


Art. 7 (1) The Supplier and the Client conclude separate delivery contracts for each separate product specified by the Client, notwithstanding the fact that the products are ordered with a single order and form one and the same list of products.


(2) The Supplier shall deliver together, or separately, the goods ordered under separate delivery contracts.


(3) The rights of the Client in regard to the delivered goods shall be exercised for each delivery contract separately. The exercising of the rights in regard to one delivered product shall not affect the delivery contracts for the other goods which are delivered under one and the same order.


(4) Upon exercising of rights under a delivery contract, the Client shall specify explicitly and exactly the contract and the product in relation to which the rights are exercised.


Art. 8 (1) Pursuant to the delivery contract concluded with the Client, the Supplier undertakes to deliver and to transfer the title over the goods specified in the order to the Client at the place of delivery indicated in the order. The Client shall be entitled to eliminate errors and/or omissions in the provided information by the moment the order is confirmed by the Supplier. Once the order is confirmed by the Supplier, any further amendments thereto are subject to the parties mutual consent in writing.


(2) The Supplier shall make deliveries only to places indicated in the website diamondcherry.com. 


(3) The Supplier divers the goods to the address indicated by the Client within 30 days as of the date of order’s confirmation, unless in the order’s confirmation the Supplier has specified a shorter delivery period.


(4) The Supplier, incl. by using the services of a courier/post services, requires that the Client submits proof of identification upon delivery.


Art. 9 (1) The Client and the Supplier agree that all notifications and correspondence in regard to the conclusion and performance of the delivery contracts shall be made by e-mail.


(2) The statements and orders submitted by the Client via the website of the Supplier shall be deemed to be made by the person specified in the order submission form.

V. Basic Characteristics of the Goods. Prices and Method of Payment

Art. 10 (1) The basic characteristics of the goods offered by the Supplier shall be indicated in each product’s profile on the Supplier’s website.


(2) The description and specification of the goods on the website is only approximate, and the Supplier shall be entitled to make any changes in relation thereto which do not materially affect the quality or performance of those goods.


(3) The Supplier shall not be liable for any errors appearing on the website as well as for any lack of availability, withdrawals from sale or price changes concerning the products.


Art. 11 (1) The prices of the goods are determined solely by the Supplier and are indicated in the respective product’s profile on the website of the Supplier. The indicated prices shall include all taxes and fees, excluding delivery costs.


(2) The amount of the postal/courier and other delivery costs not included in the price of the goods shall be determined by the Supplier and shall be indicated in the respective product’s profile upon the selection of the goods to be ordered.


(3) Upon submission of delivery order for one product or more products, the Client shall not pay delivery costs. Upon submission of delivery order for significant quantity of goods, the Supplier and the Client might stipulate particular terms for delivery.


(4) The prices of the goods and the delivery costs indicated in the Supplier’s website shall be valid until the publication of new ones by the Supplier. All orders submitted prior to the price changes shall be completed pursuant to the conditions valid as of the date of the order’s submission.


(5) The Client pays for the ordered goods via Stripe within 3 days as of the order’s confirmation.


(6) In case the payment is delayed by the Client, the term for delivery shall be extended with the period of delay. In case the payment is delayed with more than two weeks, the Supplier shall be entitled to cancel the order.

VI. Particular Conditions which apply to Clients who Qualify as Consumer under the Consumer Protection Legislation

Art. 12 The provisions under this Section VI shall apply only to Clients who qualify as consumers under the applicable consumer protection legislation.

Art. 13 (1) The Client shall be entitled to cancel the contract by notification in writing to the Supplier and to return the goods within 14 days as of the date when the goods have been delivered to the Client.


(2) The goods shall be returned to the address of the Supplier specified under art. 2 in a reasonable condition and at the Client’s own expense. The Client shall not be entitled to cancel the contract and return the goods if the product’s container has been opened and/or the product has been used. However, the statutory rights concerning the quality of the goods remain unaffected.


(3) The Supplier shall reimburse the price of the goods within 10 days after the goods are returned to the Supplier’s address.

VII. Client’s Obligations upon Delivery of the Goods

Art. 14 (1) The Client shall examine the goods upon delivery for compliance with the order specification and/or apparent defects and in case of such discrepancies, the Client shall immediately notify the Supplier.


(2) Where the Client does not notify the Supplier pursuant to par. 1, the goods shall be deemed approved except for hidden defects.
(3) Where the Client ascertains hidden defects of the delivered goods, the Client shall notify the Supplier immediately after their ascertainment but not later than 20 days as of the delivery date.


(4) The following shall not represent defects of the goods:
– peculiar taste and/or dissolution characteristics of the product as well as failure of the product to concur with the taste preferences and expectations of the Client and/or other products with analogous goods with similar composition;
– availability or lack of mechanisms for automatic or facilitated disposal of the protection membrane of the product/container upon opening;
– expiration term as of the date of delivery if an objective inferences could be made that the expiration period is sufficient for the consumption of the product;
– lack of satisfaction form product’s usage.


(5) Within 10 days after the defective goods have been returned to the Supplier and provided that the claim is grounded, the Supplier shall deliver to the Client goods of the same kind and quality which comply with the order specification at the Supplier’s cost. Where the Supplier is not able to deliver goods without defects, the Supplier shall reimburse the Client with the paid amounts for delivery of the defective products within the term specified under the preceding sentence. The payment shall be wired to a bank account indicated by the Client.

VIII. Personal Data Protection

Art. 15 (1) Upon submission of order for delivery of goods, the Client explicitly agrees that the provided by the latter personal data is collected and processed by the Supplier for the purpose of making the delivery, conclusion and performance of the concluded delivery contracts, exercising of the parties’ rights thereunder as well as for statistic and marketing purposes incl. sending surveys, information leaflets, promotional materials, etc.


(2) The Supplier undertakes any reasonable measures as provided under the law for personal data protection.

Art. 16 (1) The Supplier maintains information and has access to information kept with the end device of the Client for the purpose of facilitating Client’s access to the Supplier’s website and the ordering and payment process. The Client gives his/her explicit consent for such maintaining and access and is aware that at any time, the Client is entitled to refuse any further maintaining and/or access to information.


(2) The Client shall be entitled at any time to obtain information from the Supplier for the information kept with its end device.

IХ. Liability

Art. 17 (1) The Supplier shall not be liable in case of non-performance as a result of force majeure or any other events, circumstances or causes beyond Supplier’s reasonable control as well in case of lack of access to the website, delay or other problems with the Internet connection, technical or other causes incl. failure to perform due to acts of competent authorities and/or changes in the legislation concerning the food supplements commerce and the electronic commerce in general. In such circumstances, the Supplier reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the ordered goods without liability to the Client at the Supplier’s own discretion.


(2) The Supplier shall not be liable for damages caused by comments, statements and publications referring to the products as well as news and articles referring to the products which are published in the Supplier’s website.


Art. 18 (1) The Supplier shall not be liable in case the security measures of the technical equipment have been overcome which results in loss of information, dissemination of information, access to information or restricted access to information or other similar consequences.


(2) The Supplier shall not be liable in case of concluded delivery contract, providing access to information, loss or change in data result from actions of third party who present himself/herself as the Client if from all relevant circumstances (incl. entered username and password) it could be inferred that this person is the Client.


Art. 19 (1) The Supplier shall not be liable for lack of delivery or delayed delivery in the case where the address specified by the Client is inaccurate, or the addressee is not available at the address to receive the delivery.


(2) In case of delivery by using the services of postal/courier service, the delivery rules of the respective postal/courier service shall also apply incl. for number and time for visits at the indicated address.


Art. 20 (1) The Supplier’s liability in connection with the contract concluded upon submission of order via the Supplier’s website shall not exceed the total price charged for the relevant goods under that specific contract and the Supplier shall not be liable for any indirect or consequential loss or damage or loss of profits arising out of our supply or failure to supply the goods to the Client.
(2) Nothing in these GTC shall limit or exclude the Supplier’s liability for:


1. Death or personal injury caused by Supplier’s negligence, or the negligence, or the negligence of Supplier’s employees, agents or subcontractors (as applicable);


2. Fraud or fraudulent misrepresentation;

3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979;

4. Defective products under the Consumer Protection Act 1987; or

5. Any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.


These Terms and Conditions have been adopted by the Supplier’s management body on 26.1.2021.