Terms of Service

Effective Date: 01.01.2025

Last Updated: 01.01.2025

1. Acceptance of Terms

By accessing or using AvantCare's services, website, or mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

AvantCare operates as a licensed online pharmacy specializing in medical cannabis products in Switzerland. These Terms govern your use of our platform and the purchase of medical cannabis products through our Services.

2. Eligibility

To use our Services, you must:

Be at least 18 years of age
Possess a valid medical cannabis prescription from a licensed Swiss healthcare provider
Complete our identity verification process
Provide accurate and complete information during registration

You may not use our Services if you are prohibited by law from receiving medical cannabis products.

3. Account Registration and Verification

3.1 Account Creation

To access our Services, you must create an account and provide:

Valid personal identification information
Swiss insurance card details (if applicable)
Contact information
Medical information as required

3.2 Identity Verification

You must complete identity verification through our third-party provider before making any purchases.

3.3 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use

4. Medical Cannabis Products and Prescriptions

4.1 Prescription Requirements

All medical cannabis products require a valid prescription from a licensed Swiss healthcare provider
Prescriptions must be uploaded to our platform and verified before purchase
You may only purchase products specified in your prescription
Prescriptions are subject to expiration dates and quantity limits

4.2 Product Information

Product descriptions, THC/CBD content, and terpene profiles are provided for informational purposes
We strive for accuracy but cannot guarantee that all product information is complete or error-free
Products may vary in appearance and exact composition due to natural variations

4.3 Medical Advice Disclaimer

Our Services do not constitute medical advice
Always consult with your healthcare provider regarding medical cannabis use
We do not make any claims about the efficacy of our products for specific conditions

5. Ordering and Payment

5.1 Order Placement

Orders are subject to prescription verification and product availability
We reserve the right to refuse or cancel orders at our discretion
Prices are displayed in Swiss Francs (CHF) and include applicable VAT

5.2 Payment

Payment must be made through approved payment methods
All payments are processed securely
You agree to pay all charges associated with your order, including shipping fees

5.3 Order Cancellation

Orders may be cancelled before shipping
Once shipped, orders cannot be cancelled and are subject to our return policy

6. Shipping and Delivery

6.1 Shipping Restrictions

We only ship within Switzerland
Delivery requires signature from the account holder or authorized recipient
Products cannot be forwarded or reshipped internationally

6.2 Delivery Verification

You may be required to present identification upon delivery
Delivery to minors is strictly prohibited

7. Returns and Refunds

Due to the nature of medical cannabis products:

Returns are only accepted for damaged or incorrect products
Products must be unused and in original packaging
Refunds will be processed after inspection of returned items
Shipping costs are non-refundable unless the return is due to our error

8. Privacy and Data Protection

8.1 Data Collection

We collect and process:

Personal identification information
Medical information including prescriptions, conditions, and medications
Insurance information
Order and transaction history

8.2 Data Use

Your data is used to:

Verify prescriptions and eligibility
Process and fulfill orders
Comply with legal and regulatory requirements
Communicate with you about your orders and account

8.3 Data Protection

We implement appropriate security measures to protect your data
Medical information is handled in accordance with Swiss healthcare privacy laws
For complete details, please refer to our Privacy Policy

9. Prohibited Uses

You agree not to:

Provide false or misleading information
Share or sell products obtained through our Services
Use our Services for any illegal purpose
Attempt to circumvent prescription requirements
Create multiple accounts to exceed prescription limits
Export products outside of Switzerland
Use our Services if you are pregnant or breastfeeding without proper medical supervision

10. Intellectual Property

All content on our Services, including text, graphics, logos, and software, is the property of AvantCare or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute our content without written permission.

11. Disclaimer of Warranties

OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

MEDICAL CANNABIS PRODUCTS MAY HAVE SIDE EFFECTS. WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS OR INTERACTIONS WITH OTHER MEDICATIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVANTCARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR PRODUCTS.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless AvantCare, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses arising from:

Your violation of these Terms
Your misuse of our products
Your violation of any laws or regulations
Your provision of false information

14. Compliance with Laws

14.1 Swiss Cannabis Regulations

Our Services operate in compliance with Swiss federal and cantonal laws regarding medical cannabis. You agree to use our Services and products in accordance with all applicable laws.

15. Termination

We may terminate or suspend your account at any time for:

Violation of these Terms
Suspicious or fraudulent activity
Non-compliance with prescription requirements
As required by law or regulation

Upon termination, your right to use our Services will immediately cease.

16. Communications

By using our Services, you consent to receive electronic communications from us regarding:

Your account and orders
Important updates to our Services
Legal and regulatory notices

You may opt out of promotional communications but cannot opt out of transactional or legal communications.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our Services after changes constitutes acceptance of the modified Terms.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles.

18.2 Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through:

Good faith negotiations
If mediation fails, binding arbitration under Swiss arbitration rules

18.3 Jurisdiction

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the courts in Zurich, Switzerland.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and AvantCare regarding the use of our Services.

By using AvantCare's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.