SCOPE OF APPLICATION These general terms and conditions of sale, hereinafter "GTC", govern all orders placed on the Alchimia Aquatics online shop, accessible at the address www.alchimia-aquatics.ch.
They apply to sales and deliveries carried out in Switzerland, in particular for the following categories: • aquarium equipment and products; • products sold under the Alchimia Aquatics brand; • aquarium plants; • items produced by 3D printing; • customised or made-to-order items. By placing an order, the customer confirms that they have read, understood and accepted these GTC. Any conflicting condition put forward by the customer applies only with the written acceptance of Alchimia Aquatics.
PRODUCTS AND INFORMATION PRESENTED Alchimia Aquatics strives to present the products, their characteristics, their dimensions and their colours as accurately as possible. The photographs and illustrations on the site are for indicative purposes. Slight differences in colour, shape, size or appearance do not necessarily constitute a defect, in particular for plants, stones, roots, decorative elements, handcrafted products and items produced by 3D printing. As plants are living products, their appearance may vary depending on their growth, the season, transport and growing conditions. The exact size or appearance of a plant may therefore differ slightly from the photographs shown on the site.
PRICES All prices are indicated in Swiss francs, CHF. The prices displayed include Swiss value added tax at the applicable legal rate, unless otherwise indicated. Delivery costs are indicated separately before the final confirmation of the order. The total price to be paid is displayed during the ordering process. Alchimia Aquatics reserves the right to change its prices at any time. The applicable price is the one displayed at the time the order is confirmed.
ORDER AND CONCLUSION OF THE CONTRACT The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. The customer can check and correct the contents of their basket before finally confirming their order. The sales contract is concluded when the customer receives an order confirmation by e-mail. Alchimia Aquatics nevertheless reserves the right to refuse or cancel an order, in particular in the event of an unavailable product, an obvious error in price or description, incorrect delivery information, suspicion of fraud or the impossibility of obtaining payment. In the event of cancellation of an order that has already been paid, the amount paid is refunded to the customer.
AVAILABILITY OF PRODUCTS The products are offered while stocks last. Despite the precautions taken, a product indicated as available may exceptionally be out of stock. In this case, Alchimia Aquatics informs the customer as soon as possible and offers them the choice of waiting for restocking, selecting a replacement product, or cancelling the product concerned and obtaining a refund.
MEANS OF PAYMENT The accepted means of payment may include the bank cards offered at checkout, TWINT, bank transfer and Klarna. The payment options actually available are indicated at the time of the order. In the case of a bank transfer, the order is only prepared or shipped after receipt of full payment. Any bank charges are borne by the customer. When a payment is made through Klarna or another external provider, that provider's terms of use and payment may also apply. Alchimia Aquatics is not responsible for a refusal of payment decided by an external provider.
DELIVERY Deliveries are made exclusively to addresses located in Switzerland. The costs, means and estimated delivery times are communicated to the customer at the time of the order. The times indicated are estimates and do not constitute guaranteed deadlines, unless otherwise agreed in writing. Alchimia Aquatics cannot be held liable for a delay caused by the carrier, an incorrect address, the absence of the recipient, a case of force majeure or any other event beyond its control. The customer must provide a complete and accurate address. Additional costs arising from an incorrect address, an unclaimed parcel or a new shipment may be charged to them.
DELIVERY OF PLANTS The plants are packaged with care suited to their transport. The customer must collect and open their parcel as soon as possible after delivery. The plants must be inspected immediately upon receipt. If a plant arrives severely damaged or in a condition that does not reasonably allow it to recover, the customer must contact Alchimia Aquatics within 24 hours of delivery. The complaint must include the order number, a description of the problem, clear photographs of the plant as well as photographs of the packaging and the parcel. No plant may be discarded before Alchimia Aquatics has been able to examine the complaint. The loss of a few leaves, slight discolouration, a shape different from the photograph or a temporary adaptation after transport do not automatically constitute a defect. Alchimia Aquatics cannot guarantee the recovery or growth of a plant after its delivery. These depend in particular on lighting, water quality, temperature, fertilisation, CO₂, planting and the care provided by the customer.
CHECKING THE ORDER UPON RECEIPT The customer must check the contents and condition of their order as soon as it is received. Any missing, incorrect, damaged product or one with a visible defect must be reported to Alchimia Aquatics as soon as possible, together with photographs of the product and its packaging. In the event of transport damage, the customer must keep the parcel, the protective materials and the product concerned until their request has been processed.
VOLUNTARY RIGHT OF RETURN Alchimia Aquatics voluntarily grants the customer a period of 14 days from receipt of the order to request the return of an eligible item. To be accepted, the item must be unused, must not have been opened, must be complete and intact, be in its undamaged original packaging and be accompanied by its accessories, instructions and any other elements. The customer must contact Alchimia Aquatics by e-mail before sending the return. The return must then be sent to the address communicated by Alchimia Aquatics. Except in the case of a delivery error or a product recognised as defective, the costs and risks of the return are borne by the customer. The initial delivery costs are not refunded. The refund is made after receipt and inspection of the returned item. Alchimia Aquatics may refuse the return or reduce the refund if these conditions are not respected.
PRODUCTS EXCLUDED FROM THE RIGHT OF RETURN The voluntary right of return does not apply in particular: • to plants, • to products opened, used, incomplete or damaged by the customer, • to products whose packaging, seal or sealing has been opened, • to customised products; • to 3D-printed items made according to the customer's particular dimensions, indications or requests, • to products made specially to order, • to perishable products or those whose storage conditions can no longer be guaranteed, • where applicable, to gift vouchers and digital content already delivered. This exclusion does not limit the customer's rights when a product has a defect covered by the warranty.
WARRANTY IN THE EVENT OF A DEFECT The products benefit from the warranty provided for by Swiss law, subject to these GTC and the applicable mandatory provisions. In the event of a recognised defect, Alchimia Aquatics may choose, depending on the nature of the product and the circumstances, to repair or replace the product, grant a price reduction or refund the product concerned. The warranty does not cover, in particular, normal wear and tear, misuse, failure to follow instructions, incorrect assembly, a modification made by the customer, insufficient maintenance or damage caused by water, heat, chemicals or unsuitable mechanical stress. Additional warranties offered by a manufacturer remain subject to the latter's conditions.
USE OF THE PRODUCTS The customer is responsible for verifying that the chosen product is suitable for their aquarium, their animals, their plants, their installation and the intended use. The dosages, recommendations and usage information must be respected. The customer must in particular take into account the actual volume of their aquarium, the water parameters, the species kept and the other products already used. The advice provided by Alchimia Aquatics is based on the information communicated by the customer and does not replace the opinion of a veterinarian or another qualified professional where such is necessary. The products must be kept out of the reach of children and animals where such a precaution is applicable.
ITEMS PRODUCED BY 3D PRINTING 3D-printed items may show slight layer lines, manufacturing marks or variations in appearance inherent to the process. These particularities do not constitute a defect when they do not prevent the normal use of the product. The customer must respect the intended purpose, the limits and the instructions for use of the product. Unless expressly indicated, 3D-printed items are not intended for food contact, for supporting heavy loads, for exposure to high heat or for ensuring on their own the safety of an aquarium or heavy equipment. The dimensions communicated by the customer for a custom manufacture are their responsibility. An error arising from the measurements or information provided by the customer does not give rise to a right to a return or a refund.
RETENTION OF TITLE The delivered products remain the property of Alchimia Aquatics until full payment of the sale price and any associated costs.
LIABILITY Alchimia Aquatics is liable for direct damage resulting from intentional fault or gross negligence, within the limits permitted by Swiss law. Within the limits permitted by law, Alchimia Aquatics is not liable for indirect or consequential damage, in particular loss of profit, loss of data, business interruption or damage caused to the contents of an aquarium as a result of unsuitable use. Liability cannot be excluded where such exclusion is prohibited by a mandatory legal provision.
DATA PROTECTION The customer's personal data is processed in accordance with Swiss data protection legislation and the data protection declaration published separately on the site. The data necessary for the order may be transmitted to the providers involved in its processing, in particular to the payment providers, the carrier and the technical suppliers.
INTELLECTUAL PROPERTY The texts, photographs, illustrations, pictograms, logos, designs, 3D models and other content on the site are protected. They may not be copied, reproduced, modified, distributed, exploited or used for commercial purposes without the prior written authorisation of Alchimia Aquatics or the relevant rights holder.
AMENDMENT OF THE GTC Alchimia Aquatics may amend these GTC at any time. The version applicable to an order is the one accepted by the customer at the time that order is confirmed. A subsequent amendment of the GTC does not apply retroactively to orders already concluded.
PARTIAL INVALIDITY If a provision of these GTC were to be declared null, invalid or unenforceable, the other provisions would remain fully valid. The provision concerned would be replaced by a valid provision that comes as close as possible to its original objective.
APPLICABLE LAW AND PLACE OF JURISDICTION These GTC and the contracts concluded with Alchimia Aquatics are subject to Swiss law, to the exclusion of the conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods. The mandatory places of jurisdiction provided for by Swiss legislation, in particular those applicable to consumers, remain reserved. In other cases, the place of jurisdiction is in the canton of Fribourg.
