1. Provider and scope
1.1 The website https://uweed.ch (the “Website”) is operated by:
Digital Hive GmbH
Enzianweg 7
CH-8048 Zürich
Switzerland
UID: CHE-275.777.970
Email: [email protected]
Telephone: +41 44 505 76 66
(“uWeed”, “we”, “us” or “our”).
1.2 These General Terms and Conditions of Sale and Use (the “Terms”) govern:
a. access to and use of the Website;
b. the creation and use of customer accounts;
c. orders for products placed through the Website; and
d. loyalty programmes, vouchers, promotions, reviews and other features offered through the Website.
1.3 A person using the Website is referred to as a “User”. A person placing an order is referred to as a “Customer”. Provisions specifically intended for consumers apply only to natural persons acting for purposes outside their trade, business or profession.
1.4 A person placing an order on behalf of a business confirms that they have authority to represent and legally bind that business.
1.5 Individual agreements expressly entered into between uWeed and the Customer take precedence over these Terms.
1.6 The version of the Terms in force at the time of an order applies to that order. The version published at the time of use applies to the general use of the Website.
2. Products and product information
2.1 uWeed offers products including CBD and hemp products, CBD cosmetics, herbal smoking products, electronic cigarettes and e-liquids, smoking accessories, seeds and other related products.
2.2 The assortment available may vary according to the destination country, product category, intended use and applicable legal requirements.
2.3 The legal classification of a product does not depend solely on its THC content. It may also depend on its composition, presentation, dosage, intended use and the country in which it is made available.
2.4 Hemp products that are not subject to Swiss narcotics legislation contain under 1% THC. This does not automatically mean that the product may be sold, imported, exported or used in the same manner in every country.
2.5 Where a lab report or certificate of analysis (CoA) is provided, it relates to the product or batch identified in that report. Results for one product or batch cannot automatically be transferred to another.
2.6 Flowers, extracts and other natural products may display normal variations in colour, smell, flavour, structure, weight, moisture or concentration. Such variations do not necessarily constitute a defect.
2.7 Product photographs are illustrative. Packaging, labelling, colour and presentation may differ slightly, including where the manufacturer has changed the packaging or where a change is required for regulatory reasons.
2.8 uWeed may modify its assortment and product information for future orders. Contracts already concluded are not affected.
3. Intended use and responsible use
3.1 Unless expressly stated otherwise, the products offered are not medicinal products and are not intended to diagnose, treat, cure or prevent any disease.
3.2 Information published on the Website does not constitute medical advice. Customers who have a medical condition, are pregnant or breastfeeding, take medication or have concerns about using a product should seek advice from a suitably qualified healthcare professional.
3.3 A product must not be ingested, swallowed or used orally unless it is expressly presented and authorised for that purpose.
3.4 Customers must follow the product’s intended purpose, instructions for use, warnings, storage requirements and information appearing on its label or packaging.
3.5 Certain products may impair the ability to drive, operate machinery or perform activities requiring particular attention. Even where a product is lawful, THC or THC metabolites may be detected during a test.
3.6 The Customer is responsible for complying with the rules applicable in the country of delivery, possession or use, as well as any rules governing the transfer, export or resale of products.
3.7 Nothing in this section limits uWeed’s mandatory obligations concerning product safety, conformity, labelling or consumer information.
4. Minimum age and age verification
4.1 Orders may only be placed by persons who are at least 18 years old and have the necessary legal capacity.
4.2 Products subject to tobacco, electronic-cigarette or other age-restriction legislation will not be sold or handed over to minors.
4.3 Merely ticking an age-confirmation box may not be sufficient. uWeed may carry out age verification before or after an order, during payment or upon delivery.
4.4 The Customer must provide accurate information and, where reasonably necessary, present an official document enabling their age and identity to be verified.
4.5 If the required age cannot be verified, uWeed may reject the order, suspend its processing or refuse to hand over the parcel. Amounts already paid will be refunded, less any costs that may lawfully be charged to the Customer where the Customer provided false information or unnecessarily caused costs.
4.6 Providing false age information, using another person’s identification document and purchasing products on behalf of a minor are prohibited.
5. Customer accounts and guest orders
5.1 Depending on the functions available, an order may be placed using a customer account or as a guest.
5.2 Information provided during registration or ordering must be accurate, complete and up to date.
5.3 Customers must keep their login details confidential and inform uWeed immediately of any unauthorised use or suspected misuse.
5.4 uWeed is not responsible for unauthorised account use that was not caused by uWeed. Mandatory obligations concerning security and data protection remain unaffected.
5.5 uWeed may temporarily suspend an account where there are reasonable grounds to suspect fraud, misuse, a security threat or a serious breach of these Terms.
5.6 The Customer may request deletion of their account. Data that must be retained to comply with a legal obligation or to establish, exercise or defend legal claims may be retained for as long as necessary.
6. Ordering process and formation of the contract
6.1 The presentation of products on the Website is an invitation to place an order and does not constitute a legally binding offer by uWeed.
6.2 Before submitting the order, the Customer can review the basket, products, quantities, prices, delivery address and other information and correct any errors.
6.3 By clicking “Order with obligation to pay”, or an equivalent clearly worded button, the Customer submits a binding offer to purchase the products in the basket.
6.4 An automated acknowledgement confirms only that the order has been received. It does not constitute acceptance of the order.
6.5 The contract is formed when uWeed separately confirms dispatch or hands the order to the carrier. The collection or authorisation of a payment does not, by itself, necessarily constitute acceptance.
6.6 uWeed may accept or reject the order within five working days after receiving it. If the order is not accepted within that period, the Customer’s offer expires.
6.7 If the order is rejected, any amount already collected will be refunded, or the payment authorisation released, without undue delay.
6.8 uWeed may reject an order for reasons including lack of stock, failed age verification, a legal restriction, an obvious pricing or product error, a technical error, suspected fraud or commercial resale, an unsupported address or rejection of payment.
7. Prices, discounts and obvious errors
7.1 The price displayed when the order is placed applies, subject to the obvious-error provisions in this section.
7.2 For deliveries in Switzerland, prices are generally shown in Swiss francs and include applicable taxes and known non-optional charges. A different currency may be offered for international deliveries.
7.3 Delivery charges, supplements and payment-method charges are stated separately before the order is submitted.
7.4 Where required by law, the Website displays the unit price or other information needed to compare prices.
7.5 Promotions and discounts apply during the stated period and while stocks last. Any specific promotion terms take precedence in relation to that promotion.
7.6 Vouchers, promotional codes, loyalty points and other benefits may only be combined where this is expressly permitted.
7.7 Despite reasonable checks, the Website may contain obvious typing, calculation, pricing, discount, translation, description, availability or system errors. This includes a price of CHF 0, EUR 0 or an equivalent amount where the product is not expressly identified as free.
7.8 If such an error is identified before the contract is formed, uWeed may correct the information and reject the affected order. The Customer may then place a new order at the corrected price or on the corrected terms.
7.9 If a contract has already been formed, the rights available in the event of a material error under Article 23 et seq. of the Swiss Code of Obligations remain reserved. uWeed will notify the Customer promptly and refund in full any amount received if the contract is invalidated.
7.10 uWeed will not charge a higher corrected price without the Customer’s express agreement.
7.11 uWeed will correct errors brought to its attention within a reasonable period. This section does not exclude mandatory information, express commitments, validly concluded contracts or mandatory consumer rights.
8. Payment
8.1 The available payment methods are displayed during checkout and may vary according to country, order value or product category.
8.2 Unless otherwise stated, payment is due immediately.
8.3 Where payment by bank transfer or QR invoice is offered, the instructions and deadlines provided with the corresponding confirmation apply.
8.4 Certain payments are processed by external payment-service providers. Their terms may also apply to their services. This does not limit uWeed’s obligations towards the Customer.
8.5 uWeed may reject an order before acceptance if payment is declined, cancelled or cannot be verified. Once a contract has been formed, the statutory rules governing late payment apply.
8.6 Abusive or fraudulent payment disputes and chargebacks are prohibited. This does not restrict the Customer’s right legitimately to dispute an unauthorised, incorrect or unperformed transaction.
8.7 To the extent permitted by law, products remain the property of uWeed until payment has been made in full.
9. Availability and order quantities
9.1 Products are offered while stocks last.
9.2 If a product becomes unavailable before the contract is formed, uWeed may reject the relevant order.
9.3 If a product becomes unavailable after the contract has been formed, uWeed will inform the Customer without undue delay. With the Customer’s agreement, uWeed may offer a new delivery date or a replacement product. If no agreement is reached, the affected part of the order will be cancelled and refunded.
9.4 No replacement product will be sent without the Customer’s agreement.
9.5 uWeed may impose reasonable maximum quantities to maintain availability, comply with legal restrictions or prevent unauthorised commercial resale.
10. Delivery, delivery charges and transfer of risk
10.1 Delivery is available only to the countries and regions that can be selected during checkout.
10.2 Delivery methods, estimated delivery times, delivery charges and any free-delivery thresholds are displayed before the order is submitted. Standard delivery within Switzerland is currently free for orders with a value of CHF 49 or more.
10.3 Orders received and paid for before the cut-off time stated on the Website are generally processed on the same working day. Processing and delivery times are estimates unless expressly guaranteed.
10.4 Delivery is made by Swiss Post or another carrier identified during checkout.
10.5 For consumers, the risk of loss or damage remains with uWeed until the products are physically handed over to the consumer or a person designated by the consumer. If the consumer independently appoints a carrier that was not offered by uWeed, the applicable statutory rules governing transfer of risk remain reserved.
10.6 In the event of loss, damage or delay, the Customer may contact uWeed directly. uWeed will coordinate the necessary steps with the carrier. The Customer should report visible damage or missing parcels within a reasonable period and retain any packaging relevant to the investigation.
10.7 The Customer must provide a complete and accurate delivery address and take reasonable steps to accept delivery. Additional costs caused by an incorrect address or a failure attributable to the Customer may be charged to the Customer to the extent permitted by law.
10.8 Reasonable partial deliveries may be made. They will not result in additional delivery charges for the Customer.
10.9 For international deliveries, VAT, customs duties and other charges known to uWeed are displayed before the order is placed. If import charges cannot be calculated in advance and must be paid by the recipient, the Customer will be informed before submitting the order.
11. Voluntary return right for deliveries in Switzerland
11.1 For deliveries in Switzerland, uWeed grants a voluntary return period of 30 days from receipt of the products.
11.2 Products must be unused, complete and undamaged. Where possible, they must be returned in their original packaging with the relevant seals, accessories, gifts and proof of purchase.
11.3 Discounted products and products purchased as part of a promotion may also be returned unless a clear exception was stated before the order was placed.
11.4 The voluntary return right does not apply in particular to:
a. opened products that cannot be returned for health-protection or hygiene reasons;
b. products that have been consumed or partially consumed;
c. products liable to deteriorate rapidly;
d. products made or personalised to the Customer’s specifications;
e. digital vouchers that have already been redeemed; or
f. products whose return, transport or possession would be unlawful.
11.5 These voluntary-return exclusions do not apply to defective or incorrectly delivered products. Such products are dealt with under section 13.
11.6 Before returning a product, the Customer must contact uWeed at [email protected]. Unless instructed otherwise, returns must be sent to:
Digital Hive GmbH
Enzianweg 7
CH-8048 Zürich
Switzerland
11.7 The Customer bears the cost of a voluntary return. uWeed bears the return cost if a product is defective, damaged or incorrectly delivered.
11.8 If a return is accepted, the purchase price of the affected products will be refunded. Under the voluntary return right, the original standard delivery charge is refunded only if the entire order is returned and such reimbursement was expressly promised.
11.9 The Customer’s mandatory statutory rights remain unaffected.
12. Right of withdrawal for consumers in the European Union or EEA
12.1 Where a statutory 14-day right of withdrawal applies to a consumer resident in the European Union or European Economic Area, this section applies.
12.2 The withdrawal period is 14 days from the day on which the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the products. Where an order is delivered in several parts, the period starts upon receipt of the final product.
12.3 To exercise the right of withdrawal, the consumer must inform uWeed of the decision by means of an unambiguous statement, for example by post or email:
Digital Hive GmbH
Enzianweg 7
CH-8048 Zürich
Switzerland
Email: [email protected]
Telephone: +41 44 505 76 66
The model withdrawal form at the end of these Terms may be used but is not mandatory.
12.4 The deadline is met if the withdrawal notice is sent before the withdrawal period expires.
12.5 Following a valid withdrawal, uWeed will refund all payments received, including the least expensive standard delivery charge offered. Additional costs resulting from the selection of a more expensive delivery method will not be refunded.
12.6 The refund will be made no later than 14 days after uWeed receives the withdrawal notice. uWeed may withhold the refund until the products have been returned or the consumer provides evidence that they have been sent back, whichever occurs first.
12.7 The refund will be made using the same payment method as the original transaction unless expressly agreed otherwise. No refund fee will be charged.
12.8 The consumer must return the products no later than 14 days after communicating the decision to withdraw. The consumer bears the direct cost of returning the products unless uWeed has agreed to bear that cost.
12.9 The consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the products.
12.10 The right of withdrawal may be excluded in particular for sealed products that are unsuitable for return for health-protection or hygiene reasons once unsealed, products liable to deteriorate rapidly, products made to the consumer’s specifications or clearly personalised, and in other cases provided for by applicable law.
12.11 A price reduction or promotion does not exclude a statutory right of withdrawal.
13. Defects, incorrect deliveries and statutory warranty
13.1 Products must conform to the contract at the time risk passes to the Customer.
13.2 The Customer should inspect the products within a reasonable period after delivery and inform uWeed of any defect, damage or incorrect delivery. Late notification does not remove mandatory consumer rights where the law does not permit such an exclusion.
13.3 Where possible, the notification should include the order number, a description of the issue and relevant photographs.
13.4 The statutory warranty period for new consumer goods is two years unless an applicable mandatory rule provides longer protection.
13.5 If a defect is covered by the warranty, uWeed may, depending on the circumstances and the Customer’s statutory rights, repair or replace the product or refund the price.
13.6 Where repair or replacement is impossible, disproportionate, refused or not completed within a reasonable period, the Customer may request an appropriate price reduction or terminate the contract to the extent provided by law.
13.7 Consumers resident in the European Union or EEA retain all mandatory rights granted under the law applicable to them.
13.8 Subject to causation and mandatory law, the following do not constitute defects:
a. the natural variations described in section 2;
b. damage caused by use contrary to the intended purpose, instructions or warnings;
c. inappropriate storage;
d. normal wear and tear;
e. damage caused by the Customer or a third party; or
f. use after the expiry date or beyond the recommended period of use.
13.9 Any manufacturer’s guarantee applies in addition to, and does not replace, statutory rights.
14. Liability
14.1 uWeed has unlimited liability for loss or damage caused intentionally or through gross negligence.
14.2 The limitations of liability do not apply to death, personal injury or damage to health, or where liability arises under the Swiss Product Liability Act or another mandatory legal provision.
14.3 In cases of slight negligence, uWeed is liable only for breach of an essential contractual duty whose performance is necessary for the proper fulfilment of the contract and on which the Customer may ordinarily rely. In such a case, liability is limited to typical and reasonably foreseeable loss.
14.4 To the extent permitted by law, liability for indirect or consequential loss, loss of profit, loss of data or unrealised savings is excluded unless such loss was typical and foreseeable and resulted from the breach of an essential duty.
14.5 uWeed is not liable for loss caused by improper, excessive or unlawful product use, failure to follow warnings or incorrect storage attributable to the Customer.
14.6 Any contributory fault by the Customer will be taken into account in accordance with applicable law.
14.7 uWeed takes reasonable measures to keep information on the Website accurate. However, uWeed is not liable for minor errors, presentational differences or temporary interruptions that do not affect an essential obligation, legally required information or a validly formed contract.
14.8 Links to third-party websites are provided for information only and do not constitute endorsement of their content. uWeed is responsible for external content only to the extent required by law.
14.9 uWeed is not liable for failures of the internet, the Customer’s equipment or external payment services that are reasonably outside uWeed’s control. uWeed’s own obligations remain unaffected.
14.10 Statutory limitation periods apply. These Terms do not impose a general one-year period for bringing a claim for damages.
15. Force majeure
15.1 Neither party is liable for delay or failure to perform caused by an event reasonably outside its control that could not have been avoided despite reasonable measures.
15.2 Force majeure events may include natural disasters, fires, floods, epidemics, pandemics, wars, terrorist acts, government measures, border closures, major infrastructure failures, external strikes and serious transport disruption.
15.3 Ordinary supply difficulties or a mere increase in costs do not automatically constitute force majeure.
15.4 The affected party must inform the other party within a reasonable period and take reasonable steps to reduce the consequences.
15.5 If the impediment continues for so long that performance can no longer reasonably be required, either party may terminate the unperformed part of the contract. Payments for services or products not supplied will be refunded.
16. uWeed Club, vouchers and promotions
16.1 Specific terms published for the uWeed Club, vouchers, promotions or referral campaigns supplement these Terms.
16.2 uWeed Club points are personal, non-transferable and cannot be exchanged for cash.
16.3 Unless otherwise stated, points expire 12 months after they are awarded.
16.4 Points awarded for an order may be reversed if the order is returned, refunded, cancelled or becomes the subject of a justified payment dispute or chargeback.
16.5 uWeed may amend the programme for the future by giving reasonable notice. A reasonable transition period will be provided for points already accrued unless fraud or misuse has occurred.
16.6 Certain product categories may be subject to restrictions because of applicable legal requirements.
16.7 No free products, gifts, prizes, samples or promotional benefits will be provided where this is prohibited by applicable law, including for products subject to rules comparable to those governing tobacco or electronic cigarettes.
16.8 Referral invitations may be sent only in a personal and lawful context. Unsolicited, automated or commercial communications are prohibited.
16.9 In cases of fraud, multiple accounts, manipulation or use contrary to promotion terms, uWeed may refuse or reverse benefits obtained improperly.
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17. Permitted use of the Website
17.1 The Website is intended for private and lawful use. Commercial use, including systematic resale, reuse of data or use of the Website to create a competing offer, requires uWeed’s prior consent.
7.2 In particular, Users must not:
a. use the Website for fraudulent or unlawful purposes;
b. bypass age checks or security measures;
c. provide false information or documents;
d. introduce malicious software;
e. attempt to gain unauthorised access to the Website, accounts or systems;
f. systematically extract data, scrape the Website or reverse engineer its systems, unless authorised by law;
g. misuse trademarks, content or other intellectual property rights;
h. publish unlawful, misleading or threatening content or content that infringes third-party rights; or
i. send unsolicited messages or spam.
17.3 In the event of a serious breach, security risk or reasonable suspicion of fraud, uWeed may restrict or suspend access to the Website or the relevant account.
17.4 Where possible and reasonable, uWeed will inform the User of the measure and allow the User to provide an explanation. Contracts already formed and mandatory rights remain unaffected.
18. Website availability and security
18.1 uWeed takes reasonable measures to ensure the Website’s availability, proper operation and security. Permanent and error-free availability cannot be guaranteed.
18.2 uWeed may temporarily restrict the Website for maintenance, security updates, technical improvements or compliance with a legal obligation.
18.3 Website interruptions do not affect orders already accepted, contracts already formed or the Customer’s statutory rights.
18.4 The User is responsible for the security of their device, browser and connection. This does not limit uWeed’s own security and data-protection obligations.
19. Reviews and customer content
19.1 Where the relevant function is available, Customers may voluntarily publish product reviews or other content.
19.2 Reviews must be based on a genuine experience, remain factual and comply with the law and third-party rights.
19.3 Where consideration, a free product, another benefit or points have been provided in exchange for a review, this must be clearly disclosed. A benefit must not be conditional on the review being positive.
19.4 Customers must not publish medical information, sensitive personal data or information about third parties in a public review.
19.5 By submitting content, the Customer grants uWeed a non-exclusive, royalty-free licence to reproduce and display that content on the Website and in communications relating to the product. Personal data will be used only in accordance with the privacy notice and applicable consents.
19.6 uWeed may reject or remove content that is unlawful, demonstrably false, misleading, offensive, unrelated to the product or infringes third-party rights. A review will not be removed merely because it is negative.
20. Data protection
20.1 The controller responsible for processing personal data is:
Digital Hive GmbH
Enzianweg 7
CH-8048 Zürich
Switzerland
Email: [email protected]
Telephone: +41 44 505 76 66
20.2 Information about the processing of personal data is available in the privacy notice at: https://uweed.ch/datenschutzerklaerung/
20.3 The privacy notice provides information about data processing. Acceptance of that notice does not constitute general consent to all processing activities.
20.4 Where consent is required, including for certain marketing communications or cookies, it will be requested separately and may be withdrawn in accordance with the applicable conditions.
20.5 Data used for age verification will be limited to what is necessary and processed and retained in accordance with applicable legal obligations.
20.6 Cookies and similar technologies are governed by the separate information and consent settings available on the Website.
21. Intellectual property
21.1 The Website, uWeed trademarks, text, photographs, graphics, logos, databases, software and other content are protected by applicable intellectual-property laws.
21.2 All rights not expressly granted to the User remain with uWeed or the relevant rights holders.
21.3 The User receives only a limited, revocable, non-exclusive and non-transferable licence to use the Website for personal and lawful purposes.
21.4 Unless authorised by law or approved in writing in advance, content may not be reproduced, modified, distributed, sold, systematically extracted or commercially exploited.
21.5 Use of the Website or purchase of products does not grant any right in the uWeed company name, trademarks, trading names or domain names.
22. Amendments to these Terms
22.1 uWeed may amend these Terms for future orders and future use of the Website, including because of legal, regulatory, technical or commercial changes.
22.2 An order already concluded remains governed by the version of the Terms that applied when the order was placed.
22.3 Amendments affecting an ongoing relationship, customer account or loyalty programme will be communicated within a reasonable period before they take effect unless an immediate change is required for legal or security reasons.
23. Governing law and jurisdiction
23.1 These Terms and contracts entered into with uWeed are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
23.2 For consumers, this choice of law does not deprive them of protection granted by mandatory provisions of the country in which they habitually reside, where those provisions apply.
23.3 Mandatory consumer jurisdictions remain reserved. Consumers do not waive in advance any forum granted to them under mandatory law.
23.4 In dealings with business Customers, the courts of Zürich, Switzerland, have exclusive jurisdiction to the extent that such a jurisdiction agreement is legally permitted.
24. Final provisions and contact
24.1 If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions continue to apply. The relevant provision will be replaced by the applicable statutory rule or interpreted so that it comes as close as legally possible to its intended lawful purpose.
24.2 A failure by uWeed to exercise a right immediately does not constitute a waiver of that right.
24.3 These Terms do not create an agency, partnership, employment or representative relationship between the Customer and uWeed.
24.4 The language versions are intended to have the same meaning. For a particular order, the language version displayed or selected during checkout is the reference version, subject to mandatory rules of interpretation and consumer protection.
24.5 Questions concerning these Terms may be sent to:
Digital Hive GmbH
Enzianweg 7
CH-8048 Zürich
Switzerland
Email: [email protected]
Telephone: +41 44 505 76 66
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To:
Digital Hive GmbH
Enzianweg 7
CH-8048 Zürich
Switzerland
Email: [email protected]
I/We () hereby give notice that I/we () withdraw from my/our (*) contract for the sale of the following products:
…………………………………………………………………………
Ordered on () / received on ():
…………………………………………………………………………
Name of consumer(s):
…………………………………………………………………………
Address of consumer(s):
…………………………………………………………………………
Email address used for the order:
…………………………………………………………………………
Date:
…………………………………………………………………………
Signature of consumer(s), only if this form is submitted on paper:
…………………………………………………………………………
(*) Delete as appropriate.