TERMS AND CONDITIONS OF SALE (CGV)

Article 1 – Scope of Application

1.1 The present Terms and Conditions of Sale govern the offering and sale of products on the website www.elixi-int.store

Vendor Details:

Elixi International SA, Vicolo Odelli, 1, Chiasso (Switzerland) (hereinafter referred to as “Elixi”).

Shipments are carried out directly by Elixi from its offices in Chiasso, Switzerland.

1.2 Purchases made on Elixi.com are regulated, insofar as not expressly provided for by these terms and conditions, by the Swiss Federal Act on Unfair Competition (LCSl; RS 241) and the Ordinance on Price Indication (OIP; RS 942.211).

Within the European Union, electronic commerce is governed by the Consumer Rights Directive (Directive 2011/83/EU) and the E-Commerce Directive (Directive 2000/31/EC).

Furthermore, the provisions of the Swiss Code of Obligations (CO; RS 220) shall apply.

1.3

• If the Website allows the insertion of a tax code during a purchase, this implies that the Buyer is acting as a Consumer. A Consumer is defined as a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity.

• If the insertion of a VAT number (either the Buyer’s or a legal entity’s) is allowed, this implies that the purchase is made as a Professional. A Professional is defined as a natural or legal person acting within the scope of their entrepreneurial, commercial, craft, or professional activity, or an intermediary thereof.

• The implications of purchasing as a Consumer rather than as a Professional will be detailed in the following sections.

In the event that a clause in these Terms and Conditions of Sale is found to be null and void, invalid, ineffective, or voidable, either in whole or in part, the remaining clauses shall remain fully valid and enforceable. The Parties may renegotiate the invalid clause in good faith. If renegotiation is not possible or does not conclude within fifteen (15) days from the date the invalidity is acknowledged, the applicable provisions of Swiss law shall prevail.

Article 2 – Purchases on the Website

2.1 To make purchases on the Website, the Buyer must follow the online purchasing procedure and provide the required information. The sales contract is concluded once the order is received by the Vendor’s server.

2.2 The Buyer undertakes to immediately inform the Vendor if they suspect or become aware of unauthorized use or disclosure of any personal information entered on the Website.

2.3 The Buyer guarantees that the personal information provided is complete and truthful and agrees to indemnify and hold the Vendor harmless from any damages, liabilities, and/or penalties resulting from or in any way related to the breach of this commitment.

The Buyer shall immediately inform the Vendor if they suspect or become aware of unauthorized use or disclosure of their Website login credentials.

2.4 The Vendor reserves the right to refuse orders from users who have previously violated these Terms and Conditions of Sale or any applicable law.

2.5 To place an order, the Buyer must read and accept these Terms and Conditions of Sale by selecting the appropriate checkbox during the purchase process. Failure to accept these terms precludes the possibility of making purchases on the Website.

2.6 The Vendor is the sole counterparty for the user purchasing one or more products via the Website. Therefore, the Vendor is:

(i) The entity to which the Buyer submits an order, in order to accept the offer and conclude the sales contract;

(ii) The entity assuming pre-contractual obligations arising from the offer;

(iii) The entity concluding the sales contract with the Buyer and assuming the corresponding rights and obligations.

The sales contract concluded through the Website is therefore entered into exclusively between the Buyer and the Vendor.

2.7 On the Website and in customer communications, the Vendor reserves the right to operate under its trade name. When the trade name or the pronoun “We” is used in the Website and related communications, it shall refer to both the Website and the Vendor.

2.8 The Vendor does not guarantee that the Website will always be functional and operational. Temporary service suspensions may occur due to platform updates. The Vendor assumes no liability for any damage or loss the Buyer may suffer due to such suspensions.

2.9 Following an order, the Buyer will receive an order confirmation email.

Article 3 – Products and Prices

3.1 The supplier of the products available on the Website is Elixi International SA, Vicolo Odelli, 1, Chiasso – Switzerland.

Tel: 091 6822040

The characteristics of the products are displayed in the online catalog and are visible at the time of selection and order placement. All images are for illustrative purposes only. Products may undergo modifications due to updates by manufacturers.

The prices (inclusive of VAT and all applicable taxes) are displayed next to each product in the online catalog.

3.2 Elixi applies a shipping fee for deliveries across Switzerland amounting to 12.50 CHF (including VAT and all other applicable taxes).

For shipments to other countries, the cost will be communicated to the customer at the time of order confirmation.

The price billed will be the one indicated next to the product at the moment of order completion, plus the shipping fee, without consideration for any subsequent updates. Elixi reserves the right to change product prices and shipping costs without prior notice. Any new prices will take effect from the moment they are published on the Website and will apply to sales made thereafter.

3.3 After placing an order, the Buyer will receive an order receipt confirmation email. The Buyer is encouraged to print and retain this email.

If the Buyer does not receive the email, they should contact Elixi at the phone number:

091 6822040.

If it is temporarily or permanently impossible to fulfill an order, in whole or in part, Elixi will send a prompt notification via email to the Buyer, who may request a partial or full cancellation of the order and receive a refund for any amount already paid by credit card.

If the Buyer’s personal information is incomplete or incorrect, making it impossible to deliver the package, Elixi will contact the Buyer before processing the order.

Article 4 – Payment Methods

Elixi offers the following payment methods, to be selected during the checkout process:

• Credit card payments (Visa, Mastercard, American Express, and Diners Club), processed through the Worldline payment system.

Payment Reference: Order number

Orders will be processed only upon receipt of payment. The order will be shipped once the payment has been credited.

Each package will include a receipt or, upon request, a commercial invoice detailing the purchased products and their prices.

Article 5 – Product Delivery and Shipping

5.1 Orders will be shipped within 24 to 48 working hours (deliveries to islands or certain remote areas may take longer).

• Deliveries are carried out by our couriers from Monday to Friday, excluding bank holidays.

• Orders received after 5:00 PM will be processed from the next working day.

• During special promotions, delivery times may be extended.

5.2 If the courier is unable to deliver due to the recipient’s absence, after two failed attempts, they will leave a delivery attempt notice with contact details to arrange a new delivery.

Elixi will make every effort to ensure that products are delivered within the indicated timeframes. The Buyer is encouraged to contact Elixi in case of any delivery delays or issues.

5.3 Shipments are handled via Express Courier Services (DHL, Swiss Post, FedEx, UPS), with dispatch occurring the next working day following order confirmation.

Orders are delivered within 24/48 working hours from dispatch throughout Switzerland (deliveries to some remote areas may take up to 72 hours).

Deliveries are made Monday to Friday.

• In case of lost shipments, Elixi commits to arranging a new shipment at no additional cost to the Buyer.

Note: The delivery time calculation does not include Saturdays, Sundays, bank holidays, or special circumstances such as recipient absence, inaccessible delivery locations, or courier-related issues beyond Elixi’s control.

To request modifications to the delivery address, the Buyer shall contact Elixi via the contact form available on the Website or directly via the courier’s customer support service.

5.4 Buyers residing abroad in countries not listed on the Website can contact Elixi via email (info@elixi-int.com) to obtain information regarding shipping rates.

Note: If the package is refused by the recipient or cannot be delivered due to reasons attributable to the Buyer, the Buyer will be charged for shipping costs and any additional return costs.

5.5 Upon delivery, the Buyer must inspect the package to verify that the packaging is intact, undamaged, and has not been altered, including its seals.

Any damage must be immediately reported to the courier by marking “Goods subject to inspection” on the delivery document and promptly notifying Elixi via email or phone at:

091 6822040

Article 6 – Right of Withdrawal

6.1 The Buyer has the right to withdraw from the purchase contract.

This right is exclusive to Consumers and allows them to cancel the purchase without providing any justification. However, the Consumer must return any received products, and Elixi will refund the amount paid, including shipping costs.

6.2 The right of withdrawal may be exercised at any time after the order is placed but, in any case, within 14 working days from receipt of the goods (based on the courier’s delivery records).

6.3 The withdrawal request and the required details may be transmitted to Elixi through one of the following methods:

• the “Contact Us” form, available on all product pages of the Website.

  an email to info@Elixi.com.

• a registered letter with return receipt to the following address:

Elixi International SA

Vicolo Oldelli 1

6830 Chiasso

To return the product(s), the Consumer must first receive Elixi’s authorization. Once authorization is granted, the Consumer must return the products within 14 days from the date of receipt.

The return service is free of charge and shipping costs will also be refunded.

6.4 Elixi reserves the right to refuse free returns in cases of clear abuse of the service and may charge the Consumer for shipping and return costs.

6.5 The refund for the amount already paid, whether for the entire order or for specific returned products, will be processed using the same payment method used for the original purchase.

For credit card payments, the refund will appear in the Buyer’s next bank statement. However, the transaction date on the credit statement will match the original purchase date, ensuring that the Consumer does not incur any interest charges.

6.6 Buyers purchasing with a VAT number (Professionals) are not entitled to exercise the right of withdrawal.

6.7 The right of withdrawal cannot be exercised for:

• Over-the-counter (OTC) medications or prescription-free drugs.

• Products that, once opened, cannot be resold due to hygiene or health concerns.

Elixi guarantees that its products are free from defects. However, if a Consumer finds a defect, they may exercise their right of withdrawal.

Alternatively, if products are missing or defective, the Consumer may request a free replacement. Elixi will verify the issue (and may seek compensation from the shipping company) before confirming acceptance of the claim.

Article 7 – Legal Warranty of Conformity

7.1 The Vendor is liable for any lack of conformity in a product that appears within two (2) years from the date of delivery.

7.2 If a product is found to be defective or does not have the promised characteristics, the Buyer may invoke their rights under Swiss law within two years from the date of purchase.

The Buyer must promptly report any defects to the Vendor.

If a product is found to be non-conforming, the Buyer has the following remedies:

• Withdraw from the purchase contract.

• Request a reduction in price (Article 205 CO).

• Request the replacement of the product (Article 206 CO).

7.3 The Vendor shall not be held liable for damages caused by:

• Improper use of the product,

• Failure to follow the manufacturer’ instructions, or

• Unforeseeable circumstances or force majeure events.

7.4 To claim the Legal Warranty of Conformity, the Buyer must contact the Vendor using the methods indicated on the Website or in these Terms and Conditions.

Article 8 – Manufacturer’s Warranty

The Manufacturer’s Warranty is separate from and in addition to the Legal Warranty of Conformity offered by the Vendor.

Unless otherwise stated on the Website, products sold by Elixi are not covered by a Manufacturer’s Warranty.

Regardless, the Buyer retains all rights granted under the Legal Warranty of Conformity, as outlined in the previous article.

Article 9 – Governing Law, Jurisdiction, and Dispute Resolution

9.1 Sales contracts concluded via the Website are governed by these Terms and Conditions of Sale, and for any matters not covered herein, by Swiss law.

9.2 In the event of a dispute:

• If the Buyer is a Consumer, the competent court shall be the court of the Consumer’s place of residence or domicile.

• If the Buyer is a Professional, the competent court shall be the Court of Lugano, Switzerland.

Article 10 – Personal Data Protection

10.1 Elixi processes personal data in compliance with the Swiss Federal Data Protection Act (FADP) of September 25, 2020, and the EU General Data Protection Regulation (GDPR) 679/2016.

The Buyer’s personal data remains available for review, modification, or cancellation, and the Buyer may exercise all rights granted by the aforementioned regulations.

10.2 Upon first registration or order placement, the Buyer’s data is stored in Elixi’s customer database, and a unique identification code and password are assigned. The Buyer is responsible for keeping their login credentials confidential.

10.3 The collection and processing of Buyer data is necessary for:

• Order processing, including billing, payments, and delivery.

• Compliance with legal obligations or regulatory requirements.

• Marketing and promotional communications (only with explicit Buyer’s consent).

Personal data will not be shared with third parties, except for:

• Banks (for payment processing).

• Shipping companies (for delivery purposes).

• Third-party service providers essential for fulfilling contractual obligations.

Unless otherwise specified by the Buyer, Elixi may share the Buyer’s details with recipients of gift purchases for delivery purposes.