Terms of service
TERMS AND CONDITIONS
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PROVIDER AND SCOPE
These Terms and Conditions apply to orders placed through the online store of:
5 Mountains Longevity AG
Maneggplatz 34
CH-8041 Zurich
Switzerland
Email: info@drink5m.com
Referred to below as “5M.”
Any differing terms of the customer apply only if we have expressly agreed to them in writing.
“Consumers” are natural persons acting primarily for private purposes. “Business customers” are persons or organizations acting in the course of their commercial or professional activities.
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OFFERS AND FORMATION OF THE CONTRACT
Product displays in the store are invitations to place an order and do not constitute binding offers. By submitting an order, the customer makes a binding offer.
The contract is formed when we expressly accept the order, request payment, or ship the merchandise, whichever occurs first. An automated order receipt initially confirms only that we have received the order.
We may reject or cancel orders, particularly in the event of unavailability, obvious pricing or product errors, reasonable suspicion of fraud, failed payment, or unreasonable delivery obstacles. Any payment already received will be refunded in such cases.
Before submitting an order, the customer can review and correct the information provided. Order documents are transmitted electronically. The customer must provide a functioning email address and ensure that our messages can be received.
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PRICES AND PAYMENT
The prices, taxes, shipping charges, and discounts displayed at checkout apply.
For deliveries to countries where duties and taxes are not collected at checkout, the recipient may be responsible for import duties and local charges.
The payment methods displayed at checkout are available. Payments are due at the time indicated there. We may withhold shipment until payment has been received in full.
In the event of chargebacks or late payment, the customer is responsible for costs caused by the customer to the extent permitted by law.
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DELIVERY, AVAILABILITY, AND TRANSFER OF RISK
We deliver to the countries available at checkout and to the address provided by the customer.
Delivery periods are estimates unless we have expressly confirmed a date as binding. Partial deliveries are permitted if reasonable for the customer; no additional shipping charges will be incurred as a result.
If a product is unavailable despite careful planning, or circumstances beyond our control prevent delivery, we may reasonably extend the delivery period or withdraw from the affected part of the contract. The customer will be informed, and amounts already paid for undelivered merchandise will be refunded.
For consumers, risk passes when the merchandise is delivered to the consumer or an authorized recipient. If the consumer independently instructs a carrier not offered by us, risk passes upon delivery to that carrier.
For business customers, risk passes upon delivery to the carrier.
The customer must provide a complete and correct delivery address and ensure that reasonable delivery is possible. We may charge reasonable additional costs for a return shipment or redelivery caused by the customer.
Customer pickup is available only when expressly offered.
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PRODUCTS AND USE
Our products are foods or dietary supplements and are not medicines. Information on the website and packaging does not constitute a diagnosis, treatment, or promise of a cure.
The product labeling, ingredient and allergen information, and directions for use on the delivered packaging are controlling.
The customer is responsible for proper storage and use. The recommended daily intake must not be exceeded.
Professional advice should be obtained before use during pregnancy or breastfeeding, or in the event of illness, medication use, known allergies, or intolerances.
Dietary supplements are not a substitute for a balanced diet and a healthy lifestyle.
Natural ingredients may show reasonable variations in color, taste, aroma, or consistency. A purely subjective dislike of the taste does not constitute a product defect if the product conforms to the agreed specifications.
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RETENTION OF TITLE
The merchandise remains our property until payment has been made in full, to the extent permitted under applicable law.
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INSPECTION, DEFECTS, AND WARRANTY RIGHTS
Mandatory statutory warranty rights apply.
Consumers are requested to report obvious incorrect deliveries, damage, or missing products as soon as possible, together with photographs and the order number, to info@drink5m.com.
A delayed report does not limit mandatory consumer rights.
Business customers must inspect the merchandise upon receipt and notify us promptly in writing of any apparent defects.
To the extent permitted by law, we will decide whether to repair, replace, or issue a credit in relation to business customers. The warranty period for business customers is twelve months from delivery.
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RETURNS IN SWITZERLAND
There is no general statutory right of withdrawal for online purchases in Switzerland.
Unless otherwise stated in the offer, we accept returns of nondefective merchandise only with our prior approval and on a voluntary basis. This does not create any entitlement in future cases.
Opened or unsealed foods and dietary supplements are excluded from voluntary returns for health and hygiene reasons.
Used, damaged, incomplete, or no longer resalable merchandise, as well as special offers identified as nonreturnable, are also excluded.
If we voluntarily accept a return, the customer bears the return shipping costs. Original shipping charges are not refunded.
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RIGHT OF WITHDRAWAL FOR CONSUMERS IN THE EU AND EEA
Consumers who normally reside in the European Union or European Economic Area may generally withdraw from a distance contract within 14 days without stating a reason.
The withdrawal period begins when the consumer, or a third party designated by the consumer who is not the carrier, receives the last item of merchandise.
Withdrawal must be made through an unambiguous statement addressed to:
5 Mountains Longevity AG
Maneggplatz 34
CH-8041 Zurich
Switzerland
Email: info@drink5m.com
Sending the notice before the deadline is sufficient.
The merchandise must be returned no later than 14 days after the withdrawal is declared. The consumer bears the direct return shipping costs.
We will refund the purchase price and the cost of the least expensive standard delivery offered no later than 14 days after receiving the withdrawal notice.
We may withhold the refund until the merchandise has been returned or proof of shipment has been provided. Refunds are generally made using the original payment method.
The consumer is responsible for any loss in value resulting from handling beyond what is necessary to inspect the nature, characteristics, and functioning of the merchandise.
In particular, there is no right of withdrawal for sealed merchandise that is unsuitable for return for health protection or hygiene reasons if the seal was removed after delivery.
Mandatory rights relating to defective or incorrectly delivered merchandise remain unaffected.
SAMPLE WITHDRAWAL FORM
To withdraw from the contract, send the following information to info@drink5m.com:
• Name and address
• Order number
• Merchandise ordered and received
• Order date and receipt date
• An unambiguous statement that you are withdrawing from the contract
Use of this form is not required. Any unambiguous statement is sufficient.
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VOUCHERS AND PROMOTIONS
Vouchers may be redeemed only during the specified period and subject to the terms communicated for the particular offer.
Unless otherwise stated, only one promotional voucher may be used per order. Retroactive application, cash redemption, and interest are excluded.
Gift vouchers are transferable and may not be used to purchase additional vouchers.
Mandatory statutory rights remain unaffected.
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LIABILITY
We have unlimited liability for damage caused intentionally or through gross negligence, for injury to life, body, or health, under mandatory product liability law, and to the extent of any expressly assumed warranties.
In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the type of damage that was typically foreseeable when the contract was entered into.
Otherwise, liability for slight negligence is excluded to the extent permitted by law.
With respect to business customers, indirect or consequential damages and lost profits are excluded to the extent permitted by law.
Limitations of liability do not apply where prohibited by mandatory law.
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FORCE MAJEURE
We are not liable for delays or nonperformance caused by events beyond our reasonable control, including natural events, epidemics, war, government measures, strikes, transportation or energy outages, and significant supply chain disruptions.
Performance obligations are suspended for the duration of the disruption.
If the disruption continues for an unreasonable period, either party may terminate the affected part of the contract. Payments already made for unperformed obligations will be refunded.
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GOVERNING LAW AND JURISDICTION
Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law applies only to the extent that it does not deprive them of mandatory protections under the law of the country of their normal residence.
For business customers, Zurich, Switzerland, is the exclusive place of jurisdiction. Mandatory statutory venues apply to consumers.
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FINAL PROVISIONS
The contractual language is German. Translations are provided for convenience. To the extent permitted by law, the German version controls in the event of discrepancies.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If any provision is invalid, the remainder of the contract remains effective. The invalid provision will be replaced by the applicable statutory rule.
We may amend these Terms and Conditions for future orders. The version published when an order is placed applies to that order.