General Terms and Conditions for Affiliate Partners

Scope of application

These General Terms and Conditions for Affiliate Partners (hereinafter: “GTC”) apply to the NussFee webshop of NuFeGo Swiss by Ghirlanda (hereinafter: “Shop”). By visiting and using the store, you accept these Affiliate Terms and Conditions, the regular Terms and Conditions as well as our Legal Terms and Conditions and Privacy Policy, which are an integral part of these Terms and Conditions.

1 Introduction / Notice:

1. NuFeGo Swiss by Ghirlanda / NussFee.ch ( hereinafter referred to as the operator ) offers an affiliate program on the website https://www.nussfee.ch.
2. the contracting party would like to use this service as a partner (hereinafter referred to as affiliate). Only persons of full legal capacity can participate in this partner program or he is represented by a legal representative.
3. these conditions regulate the cooperation between the contracting party and the operator.
4. with the registration with the operator a contractual relationship between both parties comes into being.
5. the scope of the Affiliate – AGB`s extends to the following definitions and finds application there:
Affiliate program:
Is an agreement between both parties ( operator and affiliate ) about the success-related remuneration for the successful mediation of sales.
Advertising media:
Only advertising material specifically approved by the operator may be used; the creation of own advertising material must be approved in advance, otherwise the use of other advertising material or changes is not permitted.
Success and performance-based billing:
The affiliate receives an advertising fee for successfully completed sales. A successful sale means that the customer has paid for and kept the goods and has not complained about them within the return period.

2 General

1. the present Affiliate – AGB`s of https://www.nussfee.ch, as well as the general trading conditions of the operator apply. The operator reserves the right to change the affiliate terms and conditions at any time.

2. the contracting parties shall be informed in good time by email of any changes to the conditions for existing contractual relationships. Failure to object to published amendments shall be deemed to be a declaration of consent to the amended terms and conditions. If contractual partners do not agree to the changed conditions, their contractual relationship will be automatically terminated.

3. deviating regulations are only recognized if they are in writing and confirmed and signed by an authorized representative of the operator.

3 Affiliate partner

1. the affiliate advertises with the means provided to him by the operator. In return, he receives a performance-based advertising fee. The remuneration is announced on the website of the operator, but can be changed at any time and depends on the success.

2. changes will be communicated to the affiliates by the operator immediately by email, as well as announced on the homepage. The operator assumes no liability for any disadvantages incurred by the affiliate due to changes in the program conditions. In particular, the Operator shall generally not be liable for damages for reduced advertising cost reimbursements resulting from transactions on the Affiliate’s websites after the date of notification of such changes (information date). The Affiliate undertakes to keep its contact data deposited with the Operator, in particular the email address, up to date at all times. Any disadvantages suffered by the Affiliate due to delayed information due to insufficient or outdated contact data shall be the sole responsibility of the Affiliate.

4 Registration / Application

1. only websites whose content does not violate applicable law can be registered. Should the operator become aware of the registration of a website with anti-constitutional or illegal content, the contract partner in question will be blocked immediately. In addition, the relevant law enforcement authorities are informed. The operator reserves the right to examine registered pages for such content using technical means, possibly also bypassing server-side rules such as the robots.txt file. The operator will check the registered websites at irregular intervals and reserves the right to terminate the contract if the website has been changed in such a way that the reputation of the operator can be affected.

2. to participate in an affiliate program, the affiliate must register as an affiliate.

3. there is no right to participate in the partner program or to conclude a contract with the operator. The operator reserves the right to reject an affiliate at any time and without giving reasons.

5 Advertising reimbursement

1. the operator remunerates the affiliate a success-dependent advertising cost reimbursement.

2. a claim exists only if all conditions as described in the terms and conditions are met.

3. for technical reasons, the payment of the advertising cost reimbursement is made exclusively via Paypal. Settlements are made at regular intervals, usually once a month. Balances with the operator do not earn interest and there is no right to early withdrawal.

4. in case of termination by the Affiliate, the credit balance will be forfeited if it is below the limit of CHF 50.

5. if the termination is made by the operator due to a violation of the Affiliate T&Cs or GTCs, any credit will be forfeited.

6 Manipulation

1. manipulation is basically any attempt to circumvent the systems and the billing principle by the operator by technical or other means. This includes, in particular, that the advertising media originally intended and offered by the Operator are changed or used on websites that have not been released and that the systems are induced by the Operator by technical or other means to count or register successes that do not actually take place in the economic sense or are only feigned.

The Operator shall inform the Affiliate concerned of any suspicion of manipulation as soon as possible. If no amicable and complete clarification of the events is possible with the Affiliate within a reasonable period of time, the Operator shall exercise its right of termination.

3. any manipulation will result in immediate blocking of the Affiliate and closure of its account with the Operator. The Affiliate’s registered websites will be permanently excluded from all of the Operator’s affiliate programs. Any credit balance in the Affiliate’s account, even if it does not originate from manipulated transactions, will be retained.

4. the operator will file criminal charges of fraud with the prosecutor’s office against affiliates excluded due to manipulation.

7 Term and end of contract

1. agreements concluded on the basis of these terms and conditions between the contracting party and the operator are valid for an indefinite period.

2. each affiliate is entitled to terminate the cooperation with the operator at any time without giving reasons. If the Affiliate terminates the cooperation with the Operator, however, any credit balance of the Affiliate with the Operator will only be paid out if the payout limit of Fr. 50.– is reached.

8 The Operator may adjust the commission rate at any time without prior notice.

9 Applicable law and place of jurisdiction

These terms and conditions, all further agreements of the contracting party with the operator among themselves are subject exclusively to Swiss law

The offer of the Shop may include goods and services. All sales, deliveries and other services are provided exclusively in accordance with these terms and conditions. All questions or complaints in connection with these terms and conditions can be submitted in writing by e-mail to our consumer service (info@nussfee.ch).

In connection with the order processing, the operator processes, among other things, personal data provided by you. The operator may use them for operational and statistical purposes. You expressly authorize the Operator to disclose all data (such as name, billing address, shipping address, etc.) necessary for processing your orders and shipping the goods to authorized third parties (e.g. warehouse operators, post office, delivery service, etc.). We always comply with the provisions of Swiss data protection legislation. We always comply with the provisions of Swiss data protection legislation. Please also read our Legal Provisions and Privacy Policy, in particular the paragraph Collection and Use of Information found in the Privacy Policy.

Liability

Claims for damages arising from delay, impossibility of performance, culpa in contrahendo and non-contractual liability are excluded, unless the damage was caused by gross negligence or willful misconduct on our part.

Final remarks

The operator reserves the right to change these GTC at any time and without giving reasons. Such changes do not apply to orders already placed. All contracts concluded through the use of the store as well as these General Terms and Conditions are subject to Swiss law to the exclusion of international private law. Place of performance and jurisdiction is Ticino (TI). Should any provision of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected. Swiss law shall apply to matters not regulated in these General Terms and Conditions.