1 Validity of the GTC and conclusion of contract
1.1 These General Terms and Conditions (GTC) apply to purchase contracts with private customers and companies that are concluded via the website http://www.smokebroker.ch. By visiting and using our website, by placing an order on our website, and/or by confirming by email, post or telephone, you expressly declare that you have read and accept these GTC and the privacy policy. By ticking the box at the end of the order process under „Check & Order“, you confirm that you have read the validity of the GTC and the privacy policy. You declare that you agree to be bound by these GTC and the privacy policy and thus conclude a contract with MMedics GmbH, a company registered in Switzerland with its registered office in Müllheim TG with the UID no. CHE-388.935.167 a contract.
The offer on this website is aimed exclusively at customers resident in Switzerland who are over 18 years of age. By placing a binding order for our products, you declare that you have the legal capacity to act and are at least 18 years old.
1.2
The order is confirmed by the provider by means of an automatic confirmation of receipt. This automatically sent e-mail is only for your information about the successful data transmission. It does not constitute a binding contract and does not constitute acceptance of your order. Acceptance (conclusion of contract) only takes place when the goods are dispatched by MMedics GmbH.
2. protection of minors
2.1 Our products are only sold and dispatched to persons of legal age (18 years and over) resident in Switzerland. By placing an order, you confirm that you fulfil these requirements. Payments made in contravention of our GTC will not be refunded. Should it subsequently transpire that an order has been placed by a minor, it shall be deemed invalid and MMedics shall not be liable for any consequences arising from incorrect age information.
2.2 We reserve the right to request proof of age, both during the ordering process and upon delivery and collection.
2.3 Passing on the products to minors is prohibited.
3. prices and special offers
3.1 Unless otherwise agreed, prices are quoted in Swiss francs excluding VAT.
3.2 The provider reserves the right to change the prices at any time. The prices stated in the order confirmation sent by e-mail, letter or fax are decisive. If these prices are higher than those at the time of the order, the latter shall apply. In the event of delivery delays or errands, the current price on the day of the order shall apply.
3.3 Any conditions for promotions and discounts can be found in the relevant information.
4. terms of delivery
Achtung: Wir liefern nur innerhalb der Schweiz.
Delivery throughout Switzerland
Orders are dispatched to addresses in Switzerland at the prices stated when the order is placed. We dispatch all orders using the Swiss Post priority service.
4.1 Unless otherwise stated, delivery costs shall be borne by the customer and are not included in the purchase price. The flat-rate delivery charge is generally incurred once per order and is shown in the shopping basket. From a value of goods according to the labelling on the order, the shipping costs are waived.
4.2 We can only deliver our products between Monday and Friday (excluding public holidays). A person over the age of 18 must be present at the delivery address when the product is delivered. Once you have placed an order, you can no longer change the delivery address. If you wish to change the delivery address after placing an order, please contact us as soon as possible by telephone on +41 44 431 22 00.
4.3 The expected delivery date of a product depends on whether the product is in stock and on the delivery address you have given us. It is also dependent on whether we have received your payment. Whilst we will endeavour to ensure that the Products are delivered on their estimated delivery date, this date is not a firm date and we cannot guarantee that delivery will actually take place on that date.
4.4 Sie müssen uns vor dem vereinbarten Liefertermin informieren, falls es bei Ihnen bestimmte Gegebenheiten gibt, die für die Lieferung relevant sind. Dies sind ohne Ausnahme alle Faktoren, die sich auf den Zugang beziehen: Auf dem Weg zu Ihrer Lieferanschrift (z.B. tiefe Brücken, enge Strassen usw.) und/oder an Ihrer Lieferanschrift selber (z.B. kleine Türen, schmale Durchgänge, Stufen, usw.). Bitte überlegen Sie genau, ob es bei Ihnen solche Faktoren gibt. Wir übernehmen keine Liefergewähr für Fälle, in welchen die Anlieferung erschwert ist, sofern diese nicht vorgängig mit uns koordiniert wurden.
4.5 You may be required to pay additional delivery charges if
- It is not possible for us to finalise a delivery because no person over the age of 18 is present at the delivery address on the day of delivery to receive the product;
- You try to change the delivery address after the parcel has already been sent to you; and/or;
- you fail to inform us of special circumstances that are important for the delivery
Whilst we make every effort to do so, we cannot guarantee successful delivery and we reserve the right, at our sole discretion, to cancel delivery of the product to a particular address within a building at the delivery address.
Benefit and risk are transferred to the customer when the goods are handed over to the transport company. In the case of carriage paid delivery, the transfer of benefit and risk takes place when the goods are handed over to the customer. After the transfer of risk, you are responsible for the insurance and security of the goods.
The customer must check the delivered goods immediately for transport damage and report such damage to the transport company and the supplier within 48 hours.
Failure to make a timely notification can lead to restrictions on claims for compensation.
No liability is accepted for delivery delays or cancellations that are beyond the supplier's control (force majeure, transport disruptions, etc.).
4.6 Different terms of delivery and payment apply for business customers/companies.
Deliveries are made according to current stock levels. If there is insufficient stock, the supplier will contact the customer immediately and inform them of a new delivery date.
5. right of cancellation / money-back guarantee
5.1 Our offers are described in detail and transparently on the website http://www.smokebroker.ch. The customer can inform himself about these in detail and without time pressure.
5.2 As soon as we receive the goods back, we will refund the purchase price. You must bear the costs of returning the goods if the delivered goods correspond to those originally ordered. The refund will be made within 14 days of receipt of the cancellation at the latest, to the means of payment specified by you.
5.3 No right of cancellation applies for business customers/companies. The acceptance of the contract is binding, a return or cancellation is only possible after individual agreement with the provider.
6. warranty
6.1 The customer must inspect the delivered goods as quickly as possible and report any defects immediately. Hidden defects may still be objected to even after the goods have been put into operation or used. The making of payments shall not be deemed a waiver of notification of defects.
6.2 In the event of a defect, the customer shall have the option of demanding rectification free of charge, making a deduction from the price corresponding to the reduced value, cancelling the contract or obtaining a replacement delivery. The right of the customer to demand compensation remains reserved in all cases.
6.3 Excluded from the warranty are in particular
- all accessories,
- Vaporisers, liquids and disposable cigarettes,
- and normal wear and tear of the products.
Damage or defects caused by improper handling, damage by the customer or third parties or by external influences are also excluded.
7. payment
7.1 Prepayment
Sie können auf dem Bestellformular die Option “Vorkasse” wählen und uns den Betrag in CHF nach Auftragsbestätigung auf unser Konto überweisen. Bitte überweisen Sie unter Angabe Ihrer Auftragsnummer den in Ihrer Bestellbestätigung aufgeführten Betrag in der entsprechenden Währung auf unser nachfolgendes Konto. Gebühren gehen zu Lasten des Bestellers:
Beneficiary: MMedics GmbH
Bank: Thurgauer Kantonalbank
Swift/BIC: KBTGCH22
IBAN: CH96 0078 4298 1121 6200 1
After receipt of your payment, the ordered goods will be dispatched.
7.2 Invoice
Payment by invoice is possible at http://www.smokebroker.ch. Each invoice is due within 30 days. In the event of late payment, the customer shall owe the statutory default interest without further reminder and shall also be liable for all collection costs incurred by MMedics GmbH. A reminder fee of CHF 20 will be charged from the second reminder.
7.3 Unless a deposit has been agreed with you for an order for a Product(s) where you will pay the difference in the purchase price of the Product(s) ordered at a later date (which will be displayed on the Website or advised to you over the telephone when you place the order), you must make payment in full for the Product(s) ordered for all orders. Unless otherwise agreed, we will not dispatch the product(s) ordered until we have received payment in full. In the case of bank transfers, the charges must be borne in full by the sender.
7.4 If, for any reason, a payment is rejected after we have dispatched our Product(s), we have the right to recover payment from you or reclaim the relevant Product(s) from you. We may charge you for our costs incurred in recovering the product(s) or insist on further payment.
7.5 For business customers, the payment period is 10 days from invoicing, unless otherwise agreed.
8. liability for online connections
8.1 The Provider undertakes to ensure state-of-the-art security in systems, programmes etc. belonging to it and over which it has influence, and to comply with the rules of data protection.
8.2 The customer must ensure the security of the systems, programmes and data that are within its sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.
8.3 The Provider shall not be liable for defects and disruptions for which it is not responsible, in particular not for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.
8.4 Furthermore, the Provider shall not be liable for force majeure, improper action and disregard of risks on the part of the Customer or third parties, excessive use, unsuitable operating resources of the Customer or third parties, extreme environmental influences, interventions by the Customer or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
9. your account and password
9.1 In order to access certain features of our Website and/or to place an order, you will be required to register with us and create a customer account («Account»). To do this, you will need to create a password, provide us with certain personal information, including your name and email address and any other details (for example, your postcode) that we require as part of the registration process. By registering, you consent to your personal data being processed in accordance with our Privacy Policy. If you do not agree to the General Terms and Conditions or the Privacy Policy, you may not create a customer account or use the corresponding functions of this website.
9.2 You are responsible for the security and reliability of the password and other login information of your account. You assume full responsibility for all activities on your account. If you have reason to believe that your password is known to any other person and/or that your Account has been, or is likely to be, used without your authorisation, you should contact us immediately. We will not be liable for any loss or damage arising from your failure to protect your password and/or account login information.
9.3 You are responsible for the accuracy and completeness of the personal data you provide to us and warrant that such data is complete and accurate in all respects. You agree to inform us as soon as there is a change to this data and to access and update it via your account.
10. disclaimer
10.1 Our wholesale smokers' shop www.smokebroker.ch is aimed exclusively at persons aged 18 and over. The information provided on this website is for general and product-related information only. No statements are made regarding health effects. According to Swiss therapeutic products legislation, in particular the Therapeutic Products Ordinance, any healing promises and health-related claims about CBD products are prohibited. CBD products are not medicinal products and are not intended to cure, treat, prevent or diagnose diseases. CBD may have pharmacological properties They are not authorised as food or food supplements MMedics GmbH does not advise anyone on medical issues and does not make any diagnoses. This website does not constitute a recommendation to consume CBD or other smoking products. We recommend that you speak to your doctor if you are interested in taking high-quality cannabinoids for medical purposes.
Swissmedic, the Federal Office of Public Health, the Federal Food Safety and Veterinary Office and the Federal Office for Agriculture have also produced an information sheet on CBD hemp.
10.2 The provider is always liable without limitation for claims based on damage caused by the provider, its legal representatives or vicarious agents:
- in the event of injury to life, limb or health,
- in the event of wilful or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations („cardinal obligations“), the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, the company shall only be liable in the event of slight negligence to a limited extent, namely to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11th licence
11.1 The entire content of the smokebroker.ch website is protected by copyright. All rights belong to MMedics GmbH or third parties. The elements on the smokebroker.ch website are freely accessible for browsing purposes only. Any reproduction, distribution, modification, transmission or public use of the content or parts thereof in any written or electronic form is only permitted with the express written consent of MMedics GmbH. Reproduction, transfer, amendment, linking or use of the smokebroker.ch website for public or commercial purposes is prohibited without the prior written consent of MMedics GmbH.
11.2 The various names and logos on the smokebroker.ch website are generally registered, protected trademarks. No part of the smokebroker.ch website is designed in such a way as to grant a licence or right to utilise a picture, registered trademark or logo. Downloading or copying the smokebroker.ch website or parts thereof, confers no rights whatsoever in respect of the software or elements of the smokebroker.ch website. MMedics GmbH reserves all rights in respect of all elements of the smokebroker.ch website with the exception of rights belonging to third parties.
11.3 Any automated data collection, data mining, scraping or other mass data analysis of the content, products or user information on this website by third parties is prohibited.
Violations can be prosecuted under civil and criminal law.
12. intended use of the goods - obligations of the customer - liability
12.1 Insofar as the delivery of certain products is made dependent on information on the intended use, the Customer shall be liable for all disadvantages or costs incurred by the Supplier as a result of incorrect or inaccurate information. In the case of materials which may only be used within the framework of statutory or official regulations, the order placed by the Customer shall at the same time be deemed to be a declaration that these materials are to be used exclusively for a legally authorised purpose.
Cannabis-Blüten unterliegen der Besteuerung als Tabakersatzprodukte durch die Eidgenössische Zollverwaltung EZV. Besteller sind verpflichtet, die entsprechenden gesetzlichen Vorgaben einzuhalten.
13. data protection
13.1
(a) When processing information from the customer (hereinafter referred to as „customer data“), the provider acts as the processor. The owner of the Customer Data is always the Customer.
(b) The company undertakes to process the customer data exclusively on behalf of the customer and in accordance with the provisions of the Swiss Data Protection Act (DSG) and any applicable special laws (e.g. professional secrecy, banking supervision, telecommunications law).
(c) The provider may commission qualified third parties to process the customer data, whereby compliance with the data protection provisions must continue to be ensured.
(d) The customer may demand the surrender of all customer data at any time. Upon written request, the customer may demand the deletion of all customer data by the company, insofar as this does not conflict with statutory retention obligations.
13.2 The collection and processing of personal data by the provider is explained in detail in the privacy policy.
The privacy policy is an integral part of these GTC.
It is available at the following link: https://smokebroker.ch/pages/datenschutz
14. final provisions
14.1 Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
14.2 The Provider reserves the right to amend these GTC at any time.
The version valid at the time of the order is authoritative.
Customers are requested to consult the GTC on a regular basis.
14.3 All amendments or additions to these GTC must be made in a verifiable text form, for example by email or letter. This also applies to any change to the written form requirement.
As soon as the Customer utilises the Provider's services after the amendment, consent to the amended GTC shall be deemed to have been given by implication.
The binding version of the GTC can be viewed and printed at any time under the following link: https://smokebroker.ch/pages/agb
14.4 Deviating or supplementary contractual conditions of the customer, even if these are declared applicable together with the acceptance of the contract, shall not become part of the contract.
Such conditions shall only apply if they have been expressly accepted by the supplier in writing.
14.5 Statutory claims of the Customer that cannot be excluded or limited shall remain unaffected by these GTC.
16 Application of law and place of jurisdiction
16.1 Für Verbraucher gilt das Recht des Gerichtsstandes Müllheim Dorf im Kantons Thurgau.
Swiss law applies to business customers, in particular the provisions of the Swiss Code of Obligations.
16.2 For consumers from Switzerland, the court at the domicile or registered office of one of the parties shall have jurisdiction. For actions brought by the provider, the court at the domicile of the defendant shall have jurisdiction. For business customers, the place of jurisdiction is the registered office of the provider or the registered office of the customer company.
31.10.2025, 8555 Müllheim