General Terms & Conditions

Please read the present General Terms and Conditions of Use (“GTC”) carefully before using this website. Your access to and use of the website is conditional upon your acceptance and adherence to the present GTC. By using the website, you agree to be bound by these GTC. If you do not agree to the terms of the GTC, please do not use the website.

1.1. These GTC govern your relationship with the website accessible at www.swisskern.com (the “website”), owned and administered by SWISSKERN - Biokern AG. (the “Company”, “we” or “us”), with its registered office located at Rütistrasse 55, 9050 Appenzell, Switzerland.

1.2. All use of the website, including the ordering of our products detailed on the website (“Products”) are governed by the present GTC. Please note that before placing an order, you will be asked to agree to the present GTC. Thus, by checking the tick-box and placing an order, you acknowledge that you have read, understood and accepted, without any reservation, these GTC. Should you not agree to the present GTC, you will not be able to place any Product orders.

1.3. We reserve the right to modify the present GTC at any time by publishing a new version on the website. Any new version of the GTC shall take effect immediately upon the date of posting and shall govern the use of the website and any orders of Products made as from that date. Each order placed is subject to the version of the GTC published by the Company at the time of such order; thus, any changes to the GTC made after you have placed an order will not affect such order and your relationship with us, except as may be required by applicable law.

You are required to use the website in good faith. As such, the use of the website is particularly restricted as follows:

• You shall not modify or alter the website, its contents and/or its features in any way whatsoever.

• You shall not contribute to or encourage anyone to modify or alter the website, its contents and/or its features in any way whatsoever.

• You shall not (i) permit direct or indirect access to or use of the website in a way that circumvents a contractual usage limit, (ii) attempt to gain unauthorised access to the website or its related systems or networks, (iii) access the website in order to build a competitive product or website, (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the website, or (vi) decompile, reverse engineer or disassemble the website or portion thereof;

• You shall not use the website in any way which threatens the security, integrity or availability of the website; you shall in particular not use the website to (i) store or transmit infringing, libelous or otherwise unlawful or tortious material, (ii) store or transmit material in violation of third-party privacy rights, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or performance of the website or third-party data contained therein;

• You shall not load or impede the network traffic and/or data transit from, on and/or to the website in a manner that is inadequate or greater than that required for ordinary, personal and non-commercial use of the website, particularly beyond what is required for the display of the content and/or execution of the functionalities of the website.

• You shall not send or cause to be sent spam or unsolicited letters and/or emails to any other website user, subscriber to a newsletter, nor to us, including our agents, governing bodies and employees.

• You shall use the website strictly in accordance with the intellectual property regime applicable to the content of the website and will not contribute to or encourage anyone to use the website in a manner contrary to fair competition and intellectual property principles.

• You shall ensure the technical and legal compatibility, including updates of software and devices that are used, directly or indirectly, in connection with or in operation of the website, particularly to display the content and/or execute the functionalities of the website.

• If necessary, we reserve the right to prohibit access to or use of all or part of our website by any person, without indication of just cause.

3.1. The website and its original content, features and functionalities are and will remain the exclusive property of SWISSKERN – Biokern AG and/or its licensors. In particular, the Company name, logos, photographs, Products, brands, texts and domain names mentioned on the website are the sole property of SWISSKERN – Biokern AG and may not be used without our prior written authorisation.

3.2. This website is protected by copyright, trademark and unfair competition laws, under the governance of Swiss law and any other applicable laws. Our trademarks and distinctive signs of Products or services may not be used in connection with any other product or website without our prior written consent.

3.3. You grant us a perpetual, irrevocable, worldwide and free of charge license to grant sub-licenses or use in any other way, any information, suggestion, request for improvement, recommendation, correction, as well as any post or feedback provided by you in relation to our website or in any form available on our website.

3.4. We reserve all rights, titles and interests in relation to the website, including all related intellectual property rights. No rights are granted to you under these GTC.

4.1. Only individuals who (i) have reached the age of legal majority required to enter into contracts (the age of eighteen (18) in most countries), (ii) have the legal capacity to enter into contracts and (iii) use a shipping address in the countries to which we ship, may order Products.

4.2. If you are under the age of legal majority, or otherwise cannot lawfully enter into a contract, a parent or guardian must place on order on your behalf and will be asked to agree to the present GTC.

5.1. All orders placed are subject to availability and our acceptance of such orders. Products shown on the website which cannot be added to the shopping cart, are not available for sale; however, they may be available for pre-order.

5.2. Should you place a pre-order for a Product, you will receive an email when the order is available, as well as instructions on how to complete your order.

5.3. Quantity limits may apply in relation to orders for certain Products. We reserve the right to refuse orders exceeding a certain number of authorised Products at any time, without prior notice.

5.4. We reserve the right to modify or discontinue any Product or any service at any time, without prior notice.

5.5. Should you wish to request information with regards to the availability of any of our Products, contact us at info@swisskern.com

6.1. Once you have selected the Products, you may place such Products in the shopping cart. Once ready to proceed with the purchase, click on the “checkout” option located in the cart tab. In order to proceed with the purchase of the items selected, you must fill in your billing details, as requested in the online form. You may at this stage, wish to create an account; however, such account is not mandatory in order to make a purchase.

6.2. The main characteristics of the Products and in particular the specifications, illustrations and indications for the use of the Products are presented on the website. You are required to read them before placing an order. The choice and purchase of a Product is your sole responsibility. The photographs and graphics presented on the website are not contractual and cannot engage the Seller’s liability.

6.3. You are required to refer to the description of each Product to know its properties, essential characteristics, as well as, in the case of continuous or periodic supply of the goods, the minimum duration of the proposed contract.

6.4. You are obliged to inform the Company of any changes to the information provided when you identify yourself.

6.5. The Company only processes and keeps the personal data necessary for the proper completion of the order, its invoice and delivery. This information is only transmitted to third parties necessary for the proper fulfilment of the order, and in particular its delivery, but under no circumstances for advertising purposes. In addition, your data is processed in accordance with the website and Social Media Privacy and Cookies Policy.

7.1. The orders you place on this website by filling in the necessary billing information, accepting the current GTC and clicking on the “Place Order” button, do not constitute a binding contract, but a binding offer to contract addressed to the Company. A contract is only concluded between you and the Company when your order has been confirmed by the Company by email.

7.2. We reserve the right to, at our sole discretion and on reasonable grounds, refuse, cancel or terminate orders and contracts at any time.

7.3. You agree that the data recorded:

• by the Company constitutes irrefutable proof of the order or transaction.
• by the payment system constitutes irrefutable proof of the financial transactions.

7.4. Should you have any questions or concerns with regards to your order, or if such order does not reflect what you intended, promptly contact us at support@swisskern.com

8.1. The prices of the Products are those indicated on the website on the date of the order.

8.2. All prices shown on the Product pages of the website exclude sales taxes/VAT as well as other taxes. Such taxes are stated separately when you add a Product to the cart and are included in the stated total when you place an order. Such taxes shall be borne by you, as per the applicable laws.

8.3. Sales taxes and/or other taxes will vary, based on the location to which the Products are being shipped.

8.4. Customs or other local taxes or import duties or state taxes may be due. They will be paid and will solely be your responsibility.

8.5. Unless stated otherwise, shipping (delivery) costs are borne by the Company and are not charged to you. For the avoidance of doubt, shipping costs refer to the transportation costs of the Products, and not to taxes.

8.6. The Company reserves the right to modify its prices and any occurring shipping costs at any time, without prior notice.

9.1. We accept payment by credit card, namely by Amex, Apple Pay, Google Pay, Maestro, Mastercard, Shop Pay, Union Pay and Visa.

9.2. Credit card payments are made via Shopify Inc. Credit card payments are fully managed by the payment service provider, whose general terms and conditions are the only ones applicable to credit card payments. No information concerning your credit card will be stored on our website.

9.3. When ordering on our website, you will need to enter your payment details in the appropriate form. All credit and/or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us, you will need to contact such card issuer directly in order to solve the issue.

9.4. Other payment methods may also be subject to validation checks and authorisation by the payment system providers as well. You expressly authorise us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorisation and to authorise individual purchase transactions.

9.5. You will receive an invoice via email, either as a PDF attachment or other.

9.6. If your order is not accepted by the Company, in whole or in part, the amount of the part of your order that is not accepted will be refunded. No “chargeback” will be invoiced to you by the payment provider.

9.7. Should you have any questions or concerns regarding the payment process and invoices, contact us at support@swisskern.com

10.1. Orders confirmed by the Company will be delivered to the address indicated on the order.

10.2. To date, the Company currently delivers to:

• Switzerland
• Liechtenstein
• Norway
• Iceland
• South Africa
• Turkey
• Qatar
• Kuwait
• Oman
• Saudia Arabia
• United Arab Emirates (UAE)
• Thailand
• Philippines
• Japan
• South Korea
• Singapore
• Malaysia
• Brunei
• India
• Vietnam
• Taiwan
• Hong Kong
• Macau
• Australia
• United States of America (USA)

10.3. The Company does not guarantee any delivery time, as delivery periods are dependent upon the order, available stock and shipping address.

10.4. We only accept orders for delivery to the countries identified as above, on our website and identified during the order process. Please note that we reserve the right to refuse shipment to certain addresses at any time. Furthermore, the Company may add or remove any of the countries identified above at its sole discretion.

10.5. Any delivery terms we indicate are to be regarded as guidelines. Such indicated delivery term is thus based on our best knowledge at the time but is not guaranteed. Events of force majeure or production interruptions shall release us from the observation of the delivery terms we indicated and claims to damage’s due to the non-observation of such delivery terms are excluded.

11.1. Cancellations 

11.1.1. Any delivery must write to support@swisskern.com immediately if you wish to cancel your confirmed order.

11.1.2. You may cancel your confirmed order at any time before the shipping process has begun and before the goods have been shipped. It is not possible to cancel a confirmed order once the shipping process has begun nor if the goods have been shipped. A Refund Policy procedure would then proceed. Please note that you have the right to cancel the contract created by a confirmed order (confirmed upon your receipt of our confirmation email) without giving any reasons, within fourteen (14) days from the date of receipt of the order, or the date of receipt to the person(s) you designated the ordered Products to. If the shipping procedure has begun or if the goods have been shipped, a Refund Policy procedure will then proceed.

11.1.3. If you are a customer based in the European Union or the European Economic Area and have made a purchase via our website, this is considered your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to cancel the order within fourteen (14) days as from the receipt of our confirmation email. If the shipping procedure has begun or if the goods have been shipped, a Refund Policy procedure will then proceed.

11.1.4. In the event that, at the time of cancelling an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the “Return Process”, Section 11.2 below).

11.1.5. To cancel your confirmed order and/or return your Product(s), you must contact us immediately at support@swisskern.com and follow the steps detailed in Section 11.2 below.

11.1.6. The cancellation of an annual subscription contract shall only be permissible within fourteen (14) days from the date of receipt of the subscription order, or the date of receipt to the person(s) you designated the subscription order to. If the shipping procedure has begun or if the goods have been shipped, a Refund Policy procedure will then proceed.

11.2. Return process 

11.2.1. Products that have been purchased from us through our website may only be returned if the product is intact, unopened and in its original cellophaned packaging to the following address: Swisskern, Biokern AG, Rütistrasse 55, 9050 Appenzell, Switzerland.

11.2.2. Products are returned in their original packaging and in perfect condition within 14 days from the date of receipt of your order.

11.2.3. You must inform us by communicating in writing to support@swisskern.com your decision to withdraw.

11.2.4. Returns must be made in their original and complete conditions (packaging, accessories, instructions, cellophane etc.) which allow them to be returned back to stock and the market in new conditions, accompanied by the purchase invoice.

11.2.5. Damaged, dirty or incomplete Products will not be returned. If the returned product does not meet the returns conditions, the refund cannot be made.

11.2.6. The refund will be made upon receipt of the package, after verifying its good condition.

11.2.7. Returns of orders are the sole responsibility of the Customer. We advise you to choose a mode of shipping or transport with a tracking number. Without a tracking number, we will not accept any complaints nor any responsibility and liabilities upon lost and stolen goods.

11.2.8. To return a Product or cancel a confirmed order, please follow the steps below:

a. Send an email to support@swisskern.com with your contact details, including your phone number, and order purchase information.
b. In our response email, we may ask you to provide information about the Product in order for us to assess the condition of the Product and our acceptance of the return.
c. We will then further contact you by email in order to give you the next steps and directions.
d. Unless otherwise indicated by us, the cost of return is borne by you.

11.2.9. You must keep evidence of return shipment of the Product(s), and we do not accept any liability in the event that such evidence cannot be produced.

12.1. Subscription Definition 

12.1.1. By selecting our SWISSKERN K+ Subscription (hereafter called Subscription), you can enjoy the convenience of purchasing SWISSKERN supplements by subscription. With the subscription contract, you will receive a monthly delivery of two pre-selected products of your choice until cancellation (see Section 12.4).

12.2. Placement of Subscription Order & Conclusion of Contract 

12.2.1. By placing a Subscription order, you declare that you are acting exclusively for private purposes.

12.2.2. The presentation of the SWISSKERN products on the website does not constitute an offer to conclude a Subscription contract with you and is non-binding. By submitting an order via the SWISSKERN online shop, by clicking on the ‘Pay now’ button (or a similar formulation), you make a binding offer to conclude a Subscription contract. You receive an acknowledgement of receipt of the order by email (order acknowledgment). This order acknowledgement does not constitute acceptance of the offer, but is merely to inform you that SWISSKERN has received the Subscription order.

12.2.3. The Subscription contract is concluded when SWISSKERN accepts your offer by sending the ordered Subscription items to you or confirming shipment to you with a second email (shipping confirmation). In the case you have placed a Subscription order incorrectly or mistakenly, you may cancel the Subscription by immediately contacting support@swisskern.com before receiving the shipping confirmation

12.3. Subscription Period, Payment & Renewal 

12.3.1. The minimum Subscription period is 12 months. Thereafter the Subscription will be renewed on a monthly basis.

12.3.2. By subscribing to the Subscription, you agree to recurring periodic payments for an indefinite period, which will continue without further authorisation from you until your Subscription is either cancelled by you, effective at the earliest by the end of the twelfth (12th) month of the initial period or terminated by us at our discretion (see Section 12.4). The Subscription price is as specified on our website, www.swisskern.com. The prices listed in the online shop at the time of the order apply. The prices quoted are final prices, i.e. they include the applicable statutory VAT.

12.3.3. You agree to receive invoices, credit notes and payment reminders in electronic or paper form.

12.3.4. Any credit/debit cards (see Section 9) used to make your payment should be valid for at least one year from the date of purchase. In the case your card expires during the Subscription period, shipping will be put on hold, and you will be prompted via email to update your payment information in order to resume your Subscription.

12.3.5. All Subscription payments will automatically be deducted on the same date each calendar month as your initial Subscription and payment date. In the case your first payment was made on 28-31st of a particular month, in the months with fewer days, payment will be deducted on the last day of the month.

12.4. Subscription Cancellation

12.4.1. By subscribing to the SWISSKERN K+ Subscription, you agree that your Subscription will continue for a minimum period of twelve (12) months. Should you decide to cancel your Subscription during this initial twelve (12) -month period, you will remain responsible for fulfilling all payment obligations for the entire term. You may conclude the cancellation of the Subscription effective by the end of the twelfth (12th) month of the initial period or after the twelve (12) month period at any time with a period of notice of fourteen (14) days before the next periodic payment. Any further billing will be terminated at the end of the current billing cycle following your cancellation. If the shipping procedure has begun or if the goods have been shipped, a Refund Policy procedure will then proceed.

12.4.2. You can cancel your Subscription via your online account or by sending an email to the following address: support@swisskern.com
If you have an online account, please follow these steps below:

• Log in to your account at www.swisskern.com.
• Navigate to "Subscriptions."
• Select the "Cancel" option.

If you do not yet have an online account, you can create an account, with the same email address used during your initial ordering process in order to cancel your Subscription.

12.4.3. Refusing to accept deliveries or returning the delivered products do not constitute cancellation of the contract.

12.4.4. We reserve the right, at our sole discretion, to terminate your Subscription at any time without providing reasons for our decision. This cancellation shall take effect on the next monthly Subscription delivery that has not yet been shipped.

12.5 Changing or Pausing the Subscription 

12.5.1. Should your shipping address or other personal details change during the term of your Subscription, you can update them via your online account.

12.5.2. If you want to change the formulas chosen in the initial Subscription, you can do so once during the initial twelve (12)-month period and afterwards once every six (6) months.

You may pause your Subscription only once for a maximum of (3) months by following these steps:

• Log in to your account at www.swisskern.com.
• Navigate to "Subscriptions".
• Click "Manage Subscription".
• Select the "Pause" option.

Follow the same steps to resume your Subscription. Otherwise, your Subscription will automatically resume after three (3) months.

12.5.3. Refusing to accept deliveries or returning the delivered products do not constitute a pause of the contract.

12.6. Order Processing & Shipping 

12.6.1. Order processing for your Subscription will commence upon receipt of your payment.

12.6.2. Please be advised that we do not assume responsibility for any delays in shipping that may affect the delivery of your product. Any delays in transit are beyond our control, and we shall not be held liable for any consequences arising from such delays. Therefore, delays in delivery do not entitle you to withdraw from the contract or to claim damages.

12.6.3. If you do not receive the ordered goods within ten (10) days of receipt of the shipping confirmation or from the date of shipping (postmark), you are obliged to report the unreceived order to SWISSKERN by email at support@swisskern.com.

12.6.4. Furthermore, the provisions of Section 10 apply, e.g. with regard to the countries we deliver to.

12.6.5. In the event of claimed and established defects in the purchased item, we will offer you a defect-free replacement delivery. If it is not possible to overcome the defect by means of replacement performance even after several attempts, the legal regulations shall apply.

12.7. Out-of-Stock Products 

12.7.1. In the event that a subscribed product becomes out of stock, we will notify you. During the period of unavailability, we will either issue a refund for the applicable portion of your Subscription fee or suspend the recurring payment until the product is back in stock and available for delivery. Once the product is restocked, your Subscription will resume, and regular payments will recommence according to your Subscription plan. From then on, the subscription period will also start to continue.

12.8. Changes to Terms 

12.8.1. We reserve the right to modify the availability and terms of our Subscription service at any time. You will be informed of any disadvantageous changes to the contract by email two (2) months before they come into force. If you do not agree with these changes, you have twenty (20) days before they come into force to withdraw from the contract. The withdrawal from the contract is governed by the provisions of Section 12.4 above.

13.1. You use the website at your own risk. The Website is made available to you on an “as is” and “as available” basis.

13.2. The information contained on the website is provided to you without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or warranty of third-party rights.

13.3. The photos and texts illustrating and describing the Products appearing on the Website are non-contractual and for information purposes only. We assume no responsibility for any errors or omissions in the photos or texts appearing on the Website.

13.4. We do not warrant that:

a. The website will operate in an uninterrupted and secure manner or that it will be accessible at any time or in any place.
b. Errors or defects that may affect the Website will be corrected.
c. The website is free of viruses or other harmful components.
d. The use of the Website will meet your expectations.

13.5. Neither the Company nor its employees shall assume any liability whatsoever in connection with the use of the information contained on the website and neither we nor our employees shall be held liable for any inaccuracies, errors, omissions or modifications to the information available on the website.

13.6. Except in the event of wilful misconduct or gross negligence on the part of the Company within the meaning of Article 100 para. 1 of the Swiss Code of Obligations, the Company, or its officers, employees and subcontractors, may not be held liable for any damages or loss whatsoever arising in connection with the Products, their use, delivery or our website, including indirect or punitive damages, loss of profit, loss of data, or damage to property or persons, regardless of whether we may have been informed of the possibility of the occurrence of such damage.

13.7. In no case shall the Company, or its officers, employees and subcontractors, be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, in connection with the Products, their use, delivery or our website, regardless of whether we may have been informed of the possibility of the occurrence of such damage.

14.1. With regards to the processing of your personal data in relation to the use of our website and its services, please refer to our website and Social Media Privacy and Cookies Policy.

14.2. For the avoidance of doubt, the website and Social Media Privacy and Cookies Policy is incorporated in the present GTC.

15.1. The Company shall not be liable for delays or other failures if these are the result of force majeure, or of circumstances beyond our reasonable control or which are neither foreseeable nor objectively attributable to us.

15.2. In the event of a delay resulting from force majeure, the Company shall fulfil its obligations as soon as possible.

16.1. The present GTC are governed and construed in accordance with the laws of Switzerland, excluding its private international law provisions.

16.2. The exclusive place of jurisdiction is the Canton of Appenzell Innerrhoden, Switzerland.

17.1. Our failure to enforce any right or provision of the present GTC will not be considered as a waiver of such rights.

17.2. If any provision of the present GTC is held to be invalid or unenforceable by a Court, the remaining provisions of the GTC shall remain in effect.

17.3. These GTC, including the website and Social Media Privacy and Cookies Policy, constitute the entire agreement between us with regards to our website and supersede and replace any prior agreements we might have with regards to the website.

17.4. We reserve the right to modify the present GTC at any time by publishing a new version on the Website. By continuing to access or use our website after such modification becomes effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website.

If you have any questions about these GTC, please contact us at support@swisskern.com