GENERAL TERMS AND CONDITIONS

(Deutsche AGB verpflichtend!)


**General Terms and Conditions**

1. **Scope**

The General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions concluded through www.borderlandpeppers.ch. Other regulations are only valid if agreed upon in writing between borderlandpeppers.ch and the customer.

borderlandpeppers.ch reserves the right to change these GTC at any time. The version of the GTC that is valid at the time of the order applies and cannot be unilaterally changed for this order. Opposing or deviating conditions from the customer are not recognized. Orders in non-household quantities may be rejected without reason.

2. **Conclusion of Contract**

The offers of the online shop on the Internet are a non-binding invitation for the customer to order goods in the online shop. By ordering the desired goods on www.borderlandpeppers.ch, the customer makes a binding offer to conclude a purchase contract. The online shop is entitled to accept this offer within 1 calendar day by sending an order confirmation. The order confirmation is sent by email.

3. **Delivery Times**

All items are delivered immediately, provided they are in stock. If an item is temporarily unavailable, we will inform you via email about the expected delivery time, provided we have a valid address from you.

In case of delivery delays caused by force majeure, traffic disruptions, government orders, or other events for which we are not responsible, no compensation claims can be made against www.borderlandpeppers.ch.

4. **Packaging and Shipping Costs**

For seed deliveries within Switzerland, we charge a flat rate of CHF 5 for packaging and shipping. From an order value of CHF 100, seed shipping is free. This applies only to orders that exclusively contain seeds. For seed deliveries abroad, we charge a flat rate of CHF 12. From an order value of CHF 150, seed shipping is free.

5. **Prices and Payment**

All prices in the online shop are non-binding and can be changed at any time. All listed prices are final prices including VAT.

The customer can choose between TWINT and PayPal as payment methods. When purchasing via PayPal or TWINT, the customer is redirected to the official PayPal or TWINT website to process the payment.

Until full payment is received, the delivered goods remain our property. If the agreed payment deadlines are exceeded, borderlandpeppers.ch may charge reminder and processing fees.

6. **Right of Return**

Unused items can be returned in their undamaged original packaging within 7 days after delivery. Generally, the seller bears the return shipping costs. Please contact us before returning, so we can handle the process for you. Use our address below for your shipments. Items specially made or modified for you cannot be returned. We also cannot accept plants or fresh chili peppers. This applies only to customers in Switzerland. Orders from abroad cannot be refunded.

8. **Warranty**

If transport damage to the goods is discovered, the recipient must immediately report the damage to the carrier (usually the Swiss Post). Other visible transport damages must be reported to us in writing within 7 days of receiving the goods. We are not liable for defects resulting from improper handling, normal wear and tear, or external influences. The warranty claim expires if repairs to the goods are carried out by the customer or third parties without our written consent.

9. **Limitation of Liability**

Liability is governed by applicable legal provisions. Borderlandpeppers.ch is not liable for indirect and consequential damages, lost profits, damages from delivery delays, slight negligence, and unrealized savings. To the extent that contractual liability is excluded or limited by the online shop, this also applies to the personal liability of employees, representatives, and vicarious agents. Borderlandpeppers.ch fully excludes any liability for damages of any kind arising from the use of the website or links to third-party websites.

10. **Data Protection**

The personal data provided by you will be used exclusively for processing your orders. All your data will be treated strictly confidentially. Data will only be shared with third parties (e.g., shipping services) if necessary for order processing. Order data is encrypted and securely transmitted; however, we assume no liability for data security during these transmissions over the Internet (e.g., due to technical errors of the provider) or for any criminal access by third parties to files on our website. Access data for customer login, sent to the customer upon request, must be treated confidentially by the customer as we do not assume any responsibility for the use and application of these data. Detailed information on data protection can be found in our separate privacy policy.

11. **Copyright**

All photos and texts on the website are our property and may not be used without express and written confirmation. All displayed logos, images, and graphics are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, texts, reports, scripts, and programming routines displayed on these pages, which are our own developments or prepared by us, may not be copied or otherwise used without our consent. All rights reserved.

12. **Miscellaneous**

We have no control over items being discontinued by our suppliers and thus no longer deliverable or changed in type and design. If a replacement item is offered by the supplier, we will inform you. No compensation claims for non-deliverable items can be made against us. We reserve the right to change the prices of individual items.

13. **Validity of the GTC**

By using the website and placing any order, the General Terms and Conditions of the online shop are accepted. If any provision of these General Terms and Conditions is invalid for any reason, the validity of the remaining provisions remains unaffected. Oral agreements require written confirmation. The place of performance and jurisdiction is, unless otherwise regulated by law, Worb, BE. Only Swiss law is applicable.

14. **Order Cancellation**

An order in the webshop obliges the customer to accept the ordered goods. A subsequent change or cancellation of the order may be accepted at the discretion of borderlandpeppers.ch. If a delivery by borderlandpeppers.ch cannot be carried out (e.g., due to impossibility of delivery), the customer will be informed by email. If the customer has made an advance payment, the amount will be refunded.

25. **Plant Passports**

Our seeds are provided with a plant passport valid in Switzerland and the EU. We disclaim any liability for deliveries outside Switzerland and the EU.

**Privacy Policy**

**Version of 25.01.2024**

This privacy policy explains how and what personal data we collect and process. This is not an exhaustive description; other privacy policies (or general terms and conditions, participation conditions, and similar documents) may govern specific matters. Personal data refers to all information that relates to a specific or identifiable person.

If you provide us with personal data of other persons (e.g., family members, data of colleagues), please ensure that these persons are aware of this privacy policy and only provide us with their personal data if you are authorized to do so and if these personal data are correct. An example of this would be an order for another person (e.g., as a gift) with a different delivery address.

This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DPA”), and the revised Swiss Data Protection Act (“revDPA”). Whether and to what extent these laws apply depends on the individual case.

1. **Who is responsible for data processing?**

The responsible party for the data processing operations described here is Borderlandpeppers.ch. If you have any privacy concerns, you can contact us by email at borderlandpeppers@outlook.com.

2. **Who is this privacy policy for?**

This privacy policy applies to all individuals whose data we process, regardless of how they contact us. This can be a visit to the website, an online order, a contact by phone or mail, or a personal visit to our store. The privacy policy applies to both the processing of already collected and future personal data.

3. **Collection and Processing of Personal Data**

We primarily process the personal data we receive in the context of our business relationship with our customers. Such a business relationship usually involves a purchase in our online shop, an order by phone, or a purchase directly in the store. Where permitted, we also obtain certain data from publicly accessible sources (e.g., debt collection registers, land registers, commercial registers, press, Internet).

4. **Purposes of Data Processing and Legal Bases**

We use the personal data we collect primarily to conclude and fulfill our contracts with our customers.

In addition, we process personal data from you and other persons, to the extent permitted and as it appears appropriate to us, also for the following purposes, which correspond to our legitimate interests:

- Offer and further development of our offers, services, and websites, apps, and other platforms on which we are present;
- Advertising and marketing (including conducting events), unless you have objected to the use of your data (if we send you advertising as an existing customer, you can object at any time, and we will put you on a block list against further advertising mailings);
- Market and opinion research, media monitoring;
- Assertion of legal claims and defense in connection with legal disputes and official procedures;
- Prevention and investigation of criminal offenses and other misconduct (e.g., conducting internal investigations, data analysis for fraud prevention);
- Ensuring our operation, especially IT, websites, apps, and other platforms;
- Video surveillance to maintain house rights and other measures for IT, building, and plant security and protection of our employees and other persons.

If you have given us consent to process your personal data for specific purposes (e.g., when signing up to receive newsletters or conducting a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and we need one. Consent can be revoked at any time, but this does not affect data processing already carried out.

5

. **Disclosure of Personal Data**

In the course of our business activities and in line with the purposes of data processing mentioned above, we may also disclose data to third parties, to the extent permitted and it seems appropriate to us. This applies particularly to the following categories of recipients:

- Our service providers (e.g., IT providers);
- Dealers, suppliers, and other business partners;
- Authorities, official bodies, or courts where legally required;
- Media and the public, including visitors to websites and social media.

These recipients are partly located domestically but may also be located abroad. In particular, data transfers to countries without adequate legal data protection may occur. In this case, we ensure the data is adequately protected.

6. **Duration of Data Retention**

We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations or other processing purposes pursued by us, as well as for as long as we have a legitimate interest in retaining personal data (e.g., for evidentiary purposes during the statutory limitation periods, for IT and building security, etc.). Thereafter, your personal data will be deleted or anonymized.

7. **Data Security**

We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization, instructions to our employees, and other precautions to minimize risks.

8. **Your Rights**

Within the framework of the data protection law applicable to you and to the extent provided for therein (e.g., in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing, and otherwise object to our data processing. Furthermore, you can revoke your consent at any time, particularly if you have consented to the processing of your data for marketing purposes. Please note that these rights are subject to legal requirements and restrictions. For example, we may or must retain certain data despite your request for deletion, in order to fulfill legal retention obligations or to protect our legitimate interests. We will inform you of this if applicable.

9. **Changes**

We may change this privacy policy at any time without prior notice. The current version published on our website applies. If the privacy policy is part of an agreement with you, we will inform you by email or other suitable means if it is updated.

10. **Cookies / Tracking and Other Technologies Related to the Use of Our Website**

We typically use "cookies" and similar techniques on our websites that allow your browser or device to be identified. A cookie is a small file sent to your computer or automatically saved on your computer or mobile device by the web browser you use when you visit our website. This allows us to recognize you when you return to this website. Cookies may also be used to store user settings and other information. Some cookies are necessary for the functionality of the website, others are used to optimize the user experience and performance of the website or to display ads.

By using our websites and consenting to the use of cookies, you agree to the use of these technologies. If you do not wish to accept cookies, you can change your browser settings to block all or certain cookies or delete cookies already set.

You can also find more information about our use of cookies and tracking technologies in our separate cookie policy.

**Contact Information**

Borderland Peppers GmbH
Hofweg 5, 3076 Worb
borderlandpeppers@outlook.com

**Translation Disclaimer**

The original document is in German. This English translation is provided for convenience only and has no legal effect. The original German document prevails in case of discrepancies or interpretation differences.