Version October 2024
We are pleased that you use products or services from the SENS Foundation based in Zurich (hereinafter referred to as “SENS”) and would like to thank you for the trust you have placed in us.
Unless agreed otherwise in writing, the following General Terms and Conditions (hereinafter “GTCs”), as amended, shall apply between SENS and any person, company or organisation (hereinafter referred to as the “Customer”) that wishes to order a Vape Recycling Bag (hereinafter referred to as the “Vape Recycling Bag”) or other Vape Recycling Material (in particular the Vape Recycling collection box or the associated merchandise material) (hereinafter referred to as “Vape Recycling Material”).
1. Validity
These GTCs shall apply to all orders of SENS Vape Recycling Bags and other Vape Recycling Material throughout Switzerland.
The GTCs shall constitute an integral part of each order.
The legal relationship between SENS and the Customer is governed exclusively by SENS’s GTCs. Any agreements deviating from the GTCs must be made in writing in order to be valid. These GTCs shall prevail over any general terms and conditions of the Customer with contrary effect.
2. Order
Only Customers resident or based in Switzerland are entitled to order Vape Recycling Bags or other Vape Recycling Materials.
Orders may only be placed online, that is, via the SENS website or the SENS portal.
SENS shall immediately confirm receipt of the order via the SENS website by e-mail to the Customer.
3. Acceptance
An agreement between the Customer and SENS shall only be concluded upon SENS’s express acceptance of the order.
Acceptance by SENS shall, as a general rule, occur by e-mail.
4. Subject matter of the contract
SENS undertakes to provide the Customer with the services promised in the contract.
The Customer undertakes to accept the order and to pay any price agreed for it.
The Customer undertakes to use the Vape Recycling Bag or the Vape Recycling Material exclusively in accordance with any usage instructions on the respective product and only for the intended purpose. In particular, the Customer confirms that they have understood that only undamaged e-cigarettes may be placed in Vape Recycling Bags and Vape Recycling collection boxes. Any use that does not comply with the usage instructions or the placing of defective e-cigarettes into Vape Recycling Bags and Vape Recycling collection boxes is prohibited. It is important to stress that a defective e-cigarette may result in damage to property and personal injury, and in particular in fires, poisoning or burns.
5. Terms and conditions of delivery
Delivery is to be made within the agreed period. This period is generally ten days from receipt of the order. For large quantities, the delivery times are to be determined by consultation between the Customer and SENS. In the event of unforeseeable events for which SENS is not responsible, such as natural disasters, epidemics, accidents, illnesses, armed conflicts or wars (including any resulting sanctions), major operational disruptions or labour disputes, the period allowed for the provision of services will be extended by an appropriate amount of time. SENS will inform the Customer of any delays in delivery.
6. Default
If SENS is in default, the Customer will set a reasonable deadline for subsequent performance. If SENS does not provide the service by the end of this grace period, the Customer may withdraw from the contract, subject to giving immediate written notice.
7. Change or cancellation of the order
Orders submitted may only be subsequently changed or cancelled with the express written approval of SENS.
The costs associated with the return of Vape Recycling Bags or other Vape Recycling Material shall be borne by the Customer in such an eventuality.
8. Prices
All prices are indicated in Swiss francs (CHF), including value-added tax. Packaging and transport costs are included in the price. The prices communicated at the time of concluding the contract are applicable. Prices are expressly subject to change without notice.
9. Payment terms
The Customer undertakes to pay the invoice amount with a credit card, Apple Pay, Google Pay or Twint via the SENS payment service provider upon completion of the order, without any deductions such as discounts, expenses or fees.
10. Transfer of risk to the Customer
As soon as SENS hands over goods for dispatch, the benefits and risks are transferred to the Customer.
11. Return of Vape Recycling Bags after use
The Customer is obliged to return the Vape Recycling Bags after use.
The Customer may return the Vape Recycling Bags to SENS free of charge by Swiss Post in accordance with the instructions on the rear side of the bag.
12. Warranty
The Customer is obligated to check the delivered products for completeness and correctness immediately upon receipt. Any defects affecting the product supplied must be reported to SENS in writing, along with reasons, immediately after they are detected but no later than five (5) days after receipt. Warranted characteristics are only those which are expressly designated as such in the order confirmation.
13. Ownership
Ownership of the Vape Recycling Bags shall remain with SENS at all times.
Where the Customer is not the final user of Vape Recycling Bags or the Vape Recycling collection boxes, the Customer undertakes to ensure that SENS’s ownership rights over the Vape Recycling Bags and Vape Recycling collection boxes are not affected.
14. Liability
SENS declines all liability for any non-contractual use of Vape Recycling Bags or Vape Recycling Material (for use in accordance with the contract; see in particular section 4).
Unless required otherwise, no liability shall be incurred for losses that were not demonstrably and directly caused by the Vape Recycling Bags or the Vape Recycling Material. In particular, SENS and its vicarious agents shall not be held liable for lost profits, indirect or consequential damage, loss of or damage to data, or third-party claims.
In all instances, SENS’s liability is restricted to cases involving intentional misconduct or gross negligence. Liability for any other form of negligence is excluded in full.
In particular, the Customer shall be liable for damage (i) resulting from packaging that does not meet the requirements of transport when returning goods; (ii) to the products themselves or as a result of damaged products, in particular for damage to products that result in the products not being accepted, or only being accepted subject to special conditions or to compliance with special regulations by SENS or any third party; and (iii) arising due to or related to incorrect storage or use of the products.
15. Applicable law and place of jurisdiction
The legal relationship is governed exclusively by Swiss law.
The exclusive place of jurisdiction is Zurich I, Switzerland. To the extent that this agreement concerning jurisdiction is not permissible, the courts at the Customer’s place of residence or registered office in Switzerland shall have exclusive jurisdiction. The Swiss courts have exclusive jurisdiction in the event that the Customer’s place of residence or registered office is in Switzerland.