General Terms and Conditions

1Scope

These terms apply to all orders placed through the online shop of Tortuga Vitalis AG at tortuga-sense.com. They become part of the contract when you accept them during checkout.

Deviating terms apply only if we have agreed to them in writing.

Some provisions apply only to consumers resident in the European Union. These provisions are expressly marked as such.

2Contracting party

Your contracting party is Tortuga Vitalis AG, Grienbachstrasse 17, 6300 Zug, Switzerland. UID CHE-428.574.296. You can reach us at shop@tortuga-sense.com.

3How the contract is concluded

The presentation of products in the shop is not a binding offer, but an invitation to you to submit one.

By clicking “Order with obligation to pay” you submit a binding order. The contract is concluded as soon as we confirm the order by email, but no later than when we charge your payment.

If the goods are not available, a price is obviously stated incorrectly or there is a justified suspicion of misuse, we may reject the order or withdraw from the contract. Any payments already made will then be refunded in full.

4Availability

All offers are valid while stocks last. If an ordered product is not available, we will contact you and, where possible, offer you an equivalent product. If you decline or we have no replacement, we will refund the amount in full.

We may deliver in parts if this is reasonable for you. We bear the additional shipping costs.

5Prices and VAT

All prices are in Swiss francs and include statutory VAT.

In Switzerland, the reduced rate of 2.6 percent applies to food supplements. The standard rate of 8.1 percent applies to products containing alcohol. The rate applied to your order is shown on your invoice.

For deliveries to Germany and Austria, the prices in euros shown in the shop for that country apply, including the VAT due there.

Shipping costs are shown separately during checkout.

If a price is obviously stated incorrectly, we may contest the contract. We will then contact you and offer you the goods at the correct price.

6Payment

We accept Visa, Mastercard, American Express, Maestro and UnionPay as well as TWINT, PayPal, Apple Pay, Google Pay, Shop Pay and USDC.

The amount is charged when the order is completed. Section 8 applies to subscriptions, section 10 to pre-orders.

7Vouchers and discount codes

Vouchers and discount codes apply only under the conditions stated in each case and only within their period of validity. As a rule, one code can be redeemed per order.

Vouchers are not transferable and cannot be paid out in cash. A remaining balance does not expire, but remains tied to the voucher.

8Subscription

With a subscription, we deliver the selected products to you every 90 days. The first delivery ships immediately after ordering. The quantity per delivery is shown on the product page and in the order confirmation.

With a subscription you get 10 percent off the list value of each delivery. If the list value of a delivery reaches a cart tier (from CHF 200: 5 percent, from CHF 350: 10 percent), that discount is also included in the price of the delivery. The price is rounded down to whole francs. For one-time purchases in the same order, only their own value counts towards the cart tier. Discount codes apply only to one-time purchases. The benefit applies for as long as the subscription runs.

The subscription comprises at least two deliveries: the first when you order, the second 90 days later. After the second delivery you can cancel at any time, without notice and without giving reasons, in your account or by email. The cancellation applies to all deliveries not yet shipped.

You can pause the subscription at any time in your account; this does not end it. Skipping individual deliveries is not possible. You can change the quantity and delivery address in your account.

By starting the subscription you authorise us to charge the selected payment method with the respective amount for each delivery. We charge the first delivery when you order, each further one every 90 days. You will receive an email three days before each charge.

If the price changes, we will inform you by email at least 30 days in advance. You can then cancel before the new price applies, even during the minimum term.

Section 13 applies to returns, for each delivery separately.

9Sets and bundles

A set is a combination of several products at a total price. The discount relates to the set as a whole, not to the individual products in it.

The page Returns and refunds applies to the return of a set.

10Pre-orders

With a pre-order you buy a product that is not yet available. We state the expected delivery date on the product page and in the order confirmation.

The amount is charged when the order is completed. You can cancel at any time and free of charge until shipment. We will then refund the full amount.

If the delivery date is postponed, we will inform you. If it is postponed by more than 30 days, you can withdraw from the contract.

11Delivery and shipping

We deliver to Switzerland as well as to Germany and Austria. Costs, delivery times and shipping providers are listed on the page Shipping information; this information forms part of these terms.

The risk of accidental loss of and damage to the goods passes to you as soon as you or a person named by you has received the goods. If you order as a business, the risk passes to you upon handover to the post.

If we cannot meet a delivery deadline, we will contact you and give you a new date. If the delay exceeds 30 days, you can withdraw from the contract.

If the post cannot deliver the parcel, it holds it for collection for seven days. If you do not collect it, it is returned to us. We will then ask you whether we should send it again or refund the purchase price. We may charge you for the costs of resending.

12Retention of title

The goods remain our property until paid in full.

13Returns and refunds

We take back unopened products within 30 days of receipt. We grant this guarantee voluntarily. Consumers resident in Germany or Austria also have a statutory right of withdrawal of 14 days.

Which products are taken back, how the process works, who pays for the return and when we refund are set out in full on the page Returns and refunds, as is the cancellation policy. This information forms part of these terms.

14Defects and warranty

The statutory warranty rights apply. If you are a consumer, the warranty period is two years from delivery. If your habitual residence is in the EU, the mandatory warranty provisions of your country of residence also apply.

Please check the goods on receipt and report defects promptly by email. As a consumer in the EU, you do not lose your rights if you report later. We replace damaged or defective products free of charge.

15Liability

We are liable without limitation for intent and gross negligence and for personal injury.

In the case of slight negligence, we are liable only for the breach of essential contractual obligations and limited to the foreseeable damage. Essential contractual obligations are obligations whose fulfilment makes the contract possible in the first place and on whose observance you may rely.

We are not liable for damage caused by improper use, failure to observe the product information, exceeding the recommended amount or incorrect storage.

Liability under the applicable product liability law and other mandatory statutory provisions remains unaffected.

16Notes on food supplements

Our products supplement the diet. They do not replace a balanced diet or a healthy lifestyle.

Do not exceed the recommended daily intake. The recommended intake is stated on the pack. Store the products in a cool, dry place out of the reach of children.

The best-before date is printed on every pack. On delivery, our products have a remaining shelf life of at least six months.

If you have health complaints, are pregnant or breastfeeding, or take medication, consult a doctor before use. If you have known allergies, check the list of ingredients.

Two of our products contain alcohol as an extraction agent. They are not suitable for pregnant or breastfeeding women or for people who do not consume alcohol for health or other reasons. You will find this information on the respective product page.

17Newsletter

With your consent, we send you our newsletter. You confirm your subscription via a link we send you by email. You can unsubscribe at any time, via the unsubscribe link in every email or by sending us a message.

Unsubscribing only affects advertising. You will continue to receive emails about your orders.

18Packaging

You can dispose of packaging at municipal collection points. On request, we also take it back. Just get in touch with us.

19Data protection

How we handle your data is described in the privacy policy.

20Copyright

Texts, images, graphics and logos in this shop are protected by copyright. Any use beyond the statutory limits requires our written consent.

21Changes to these terms

We may change these terms. For an order already placed, the version published at the time the order was completed always applies.

For an active subscription, we will inform you by email before a change takes effect. You can then cancel before the change applies to you.

22Applicable law and place of jurisdiction

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you retain the protection of the mandatory provisions of the law of the country in which you have your habitual residence.

For disputes with businesses, Zug is the exclusive place of jurisdiction. If you are a consumer, you can sue us at our registered office or at your place of residence; we can only sue you at your place of residence.

We do not participate in dispute resolution proceedings before a consumer arbitration board.

23Final provision

If any provision of these terms is invalid, the remaining provisions remain valid. The invalid provision is replaced by the statutory provision.