General Terms and Conditions (GTC)

Kulm Apotheke & Parfümerie AG

Via Maistra 27, CH-7500 St. Moritz

As of: April 2026

1. Scope

These General Terms and Conditions (hereinafter "GTC") apply to all orders placed via the online shop of Kulm Apotheke & Parfümerie AG (hereinafter "Kulm Apotheke") at www.kulmapotheke.ch. The sole contractual partner is Kulm Apotheke & Parfümerie AG, Via Maistra 27, CH-7500 St. Moritz.

The online shop is intended exclusively for private customers (consumers) resident in Switzerland. By placing an order, the customer accepts these GTC in full.

Deviating or supplementary conditions of the customer shall not be recognised unless the Kulm Apotheke has expressly agreed to them in writing.

2. Offers and Formation of Contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to order (invitatio ad offerendum). By submitting the order, the customer makes a binding purchase offer.

The purchase contract is concluded as soon as the Kulm Apotheke expressly accepts the order by means of an order confirmation by e-mail or the goods are dispatched. An automatically generated confirmation of receipt does not constitute acceptance of the contract.

The Kulm Apotheke reserves the right to reject orders without stating reasons, in particular if products are unavailable or if there are uncertainties regarding the order.

3. Prices and VAT

All prices stated in the online shop are in Swiss francs (CHF) including the statutory value added tax (VAT). Any shipping costs are shown separately during the ordering process and are not included in the product price.

The Kulm Apotheke reserves the right to change prices at any time. The price displayed at the time of ordering shall be decisive.

4. Shipping and Delivery

4.1 Delivery Area

Deliveries are made exclusively within Switzerland.

4.2 Shipping Costs

Shipping is free of charge for orders with a value of CHF 80.00 or more. Below this amount, shipping costs will be charged in accordance with the shipping cost overview shown during the ordering process.

4.3 Shipping Service Provider

Shipping is carried out via Swiss Post or a courier service. The Kulm Apotheke selects the appropriate shipping method at its own discretion.

4.4 Delivery Times

The estimated delivery time is indicated during the ordering process. It is to be understood as a guideline and is not binding. The Kulm Apotheke will inform customers of any significant delays.

The Kulm Apotheke is not liable for delivery delays caused by third parties (in particular shipping service providers) or by unforeseeable events.

4.5 Transfer of Risk

The risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover to the shipping service provider.

5. Payment

The following payment methods are available in the online shop:

Credit card (Visa, Mastercard)
TWINT

Payment is due immediately upon completion of the order. In the event of default in payment, the Kulm Apotheke is entitled to withhold or cancel the order. The assertion of further claims remains reserved.

Payment processing is carried out via a certified payment service provider. The Kulm Apotheke does not store any payment data of customers on its own servers.

6. Returns and Exchanges

6.1 General Principle

As the online shop of the Kulm Apotheke sells cosmetics, perfume, personal care and drugstore products, no general right of withdrawal applies under these GTC. However, the customer has the right to an exchange or refund if a product is defective or damaged upon delivery or if incorrect goods have been delivered. The Kulm Apotheke does not sell medication in the online shop.

6.2 Procedure for Defective or Incorrect Goods

Defective, damaged or incorrectly delivered goods must be reported in writing to kulmapo@ovan.ch within 10 days of receipt of the delivery. The report must include a description of the defect and, if possible, photographs.

After examination and confirmation of the defect by the Kulm Apotheke, either a replacement will be delivered or the purchase price will be refunded. The return shipping costs for defective or incorrectly delivered goods shall be borne by the Kulm Apotheke.

6.3 Exclusions

The following are excluded from return:

Already opened or used cosmetic and perfume products
Products without original packaging or with damaged sealing
Items for which return is not possible for hygiene reasons

For voluntary returns without defect, it is at the discretion of the Kulm Apotheke to offer an exchange or credit note. There is no legal entitlement to this.

7. Warranty

The Kulm Apotheke warrants that the delivered products are free from material and legal defects at the time of transfer of risk and correspond to the product descriptions in the online shop.

The statutory warranty rights in accordance with the CO (Code of Obligations) remain reserved. Any further guarantees from manufacturers remain unaffected.

8. Limitation of Liability

The Kulm Apotheke is liable for damages only in cases of gross negligence or intent. Any liability for slight negligence as well as for indirect damages, consequential damages or loss of profit is excluded to the extent permitted by law.

The product descriptions in the online shop serve for general information purposes. They do not replace medical or pharmaceutical advice. For health-related questions, the Kulm Apotheke recommends contacting the specialist staff on site or by telephone.

9. Data Protection

The Kulm Apotheke processes personal data of customers exclusively within the framework of the applicable data protection legislation (in particular the revised Federal Act on Data Protection, nDSG). Further information on the collection, processing and use of personal data can be found in the separate privacy policy, which is available on the website.

10. Availability and Technical Disruptions

The Kulm Apotheke endeavours to ensure that the online shop is available with as few interruptions as possible, but does not guarantee constant accessibility. Maintenance work, technical disruptions or force majeure events may temporarily restrict availability.

11. Applicable Law and Place of Jurisdiction

These GTC and all contractual relationships between the Kulm Apotheke and the customer are governed exclusively by Swiss law, to the exclusion of conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for disputes arising from or in connection with these GTC is St. Moritz (Canton of Graubünden, Switzerland), to the extent permitted by law. Mandatory places of jurisdiction in favour of consumers in accordance with the CO remain reserved.

12. Amendments to the GTC

The Kulm Apotheke reserves the right to amend these GTC at any time. The current version is available on the website. The version valid at the time of conclusion of the contract shall be decisive for an order.

13. Severability Clause

Should individual provisions of these GTC be or become wholly or partially void or invalid, the validity of the remaining provisions shall not be affected thereby. The void or invalid provision shall be replaced, to the extent possible, by a provision that comes closest to the economic purpose of the original provision.