Terms and conditions
The General Conditions of Sale are concluded between the company Almighty Tree, whose registered office is located Chemin de la Follaz 20, 1723 Marly in Switzerland and the Client wishing to participate in the financing of tree planting projects selected and organized by Almighty Tree on its website, together referred to as the parties.
Specialist in social reforestation in Switzerland and in the world, Almighty Tree is a company with a social vocation whose mission is to enhance, preserve and restore the forests of Switzerland and the world, by planting and raising awareness among companies and the population. Almighty Tree enables individuals and companies to make a gesture in favour of the environment. On our website, companies and the general public plant trees in Switzerland and abroad. They measure their environmental and social benefits with a traceability system. Thus, individuals can share it with their entourage and companies have the opportunity to communicate the benefits with their customers.
Customers can contact Almighty Tree in the following ways:
Postal address: Chemin de la Follaz 20, 1723 Marly, Switzerland
Phone number: 079 295 08 33
The present General Conditions exclusively govern the transactions generated on the site (hereinafter the "Site").
The Parties agree that their relations are exclusively governed by these General Terms and Conditions.
The Customer declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the Website from the moment they are put online and cannot apply to transactions concluded previously.
ARTICLE 1 - DEFINITIONS :
Individual customer: any natural person of full age, and/or legally capable, and not a professional who places an order on the website or order services/products directly with a representative from Almighty Tree.
Professional customer: any natural or legal person, public or private, who acts for purposes falling within the scope of his or her commercial activity, including when acting in the name of or on behalf of a professional, who places an order on the website or order services/products directly with a representative from Almighty Tree.
Partners: the beneficiaries of the funds collected by Almighty Tree and undertaking the planting operations on the ground.
Order: means the Customer's Order placed on the Site, in accordance with the General Terms and Conditions.
Site: the website
ARTICLE 2 - PURPOSE OF THE SERVICES
2.1 The Customer hereby undertakes to pay Almighty Tree, who accepts it, a sum of money, with Almighty Tree being responsible for transferring the funds to one or more Planting Partners and for transferring internally created items (greeting cards, bracelets) to the company in accordance with the terms and conditions set out in these Terms and Conditions.
2.2 Payments made by the Client do not entitle the Client to a tax reduction as they are not equivalent to a donation.
2.3 To do so, the Customer goes to the website www.almightytree.ch.
The Client can thus commit to finance the planting of one or more trees for one or more projects in Switzerland or abroad selected by Almighty Tree on a one-off basis.
He may also decide to offer a participation in the planting of one or more trees on these same projects to a third party via the "Offer a tree" service offered on the site, which generates a certificate. The Customer is required to indicate a message, the name on the certificate and an address (electronic or physical) for sending the gift.
All of the proposed planting projects can be consulted on the site.
2.4 In return for the payment made by the Customer, Almighty Tree undertakes to transfer the corresponding funds to the beneficiaries identified for each project designated by the Customer.
Thus, the trees financed on are planted by the Partners and/or Almighty Tree, who will receive the funds from the Client.
The updated list of Partners is permanently available on the Site.
2.5 Trees may not be taken back, exchanged, rented or resold. They cannot be replaced in the event of loss or theft. They cannot be the subject of a request for opposition.
2.6 The funds collected by Almighty Tree are paid to the selected Partners within a short period of time after the order according to the planting period indicated on the site, taking into account the climatic hazards, in accordance with the distribution chosen by the Customers.
2.7. The plantations are carried out on private or public properties. When Almighty Tree and their partners are planting trees, everything is done to ensure that the trees grow optimally with care and maintenance for the first 4 years (Almighty Tree cannot guarantee a 100% survival rate, according to the law of nature, the calculation of CO2 sequestration takes into account 80% survival). For any information, particularly in terms of access and/or visits, the Customer must first contact Almighty Tree at email@example.com.
ARTICLE 3 - THE ORDER
3.1 Terms and Conditions
Orders are placed on the website or with a representative from Almighty Tree.
It can only be registered if the Customer has clearly identified himself by filling in the mandatory information on the order form on the Site, namely: his surname, first name and e-mail address.
These collected data are managed by Almighty Tree in accordance with the regulations on personal data (see Article 7).
Before placing an order, the Customer expressly acknowledges having read and understood these Terms and Conditions of Sale.
The Customer's validation of the order, by ticking the box "I have read and accept the General Terms and Conditions of Sale" or validation of an offer made by email, constitutes acceptance of the said General Terms and Conditions of Sale.
Any order implies an obligation of payment by the Customer: the Customer acknowledges that the placing of an order commits him to the payment of the order.
The order is confirmed upon receipt by the Customer of an email sent by Almighty Tree.
Any order placed generates a certificate with the desired name provided at the time of the order and will be sent to the email address provided by the Customer.
In the event of an incident preventing the processing of the Customer's order, the order shall be cancelled without prior formal notice. Full refund on the credit card used to pay for the initial order.
A confirmation is sent by email to the Customer.
Almighty Tree reserves the right to suspend any order in the event that no Partner is able to carry out the planting. Full refund on the credit card used to pay for the initial order.
3.5 Signature and Proof
The computerized registers and emails, kept in the computer systems of the Almighty Tree company are considered as proof of communications, Orders and payments between the Parties.
The validation and payment of the Order under the conditions provided for in these Terms and Conditions will be considered as proof of the completeness of the Order. The validation of the Order under the conditions described above shall be deemed to be the signature and express acceptance by the Customer of the operations carried out on the Site.
3.6 Change of beneficiary
In case of unavailability of the trees or impossibility to carry out the planting, Almighty Tree reserves the right to change the Partner and the planting location (close and appropriate) after informing the Customer. These modifications will not result in the cancellation of the sale.
ARTICLE 4 - PRICE AND TERMS OF PAYMENT
The value of a tree, which is non-negotiable, is set by Almighty Tree and displayed on the website.
It applies to any one-off order as well as to any monthly subscription taken out on the Almighty Tree website.
The financing made by the Client concerns at least one tree.
The price of the trees includes the financing paid to Almighty Tree's Partners and the service provided by Almighty Tree.
Almighty Tree reserves the right to modify its prices at any time, it being nevertheless specified that the Customer's participation remains invoiced on the basis of the rates in force at the time of the validation of the order.
4.2 Currency of payment
All Orders, regardless of their origin, are payable in CHF.
4.3 Terms of payment
General case applicable to Individual and Professional Clients
The price is payable cash, in full on the day the order is placed by the Customer, by means of a secure online payment by credit card or bank transfer (in this case the order is validated upon receipt of payment). Online payment by one of the accepted credit cards is made through the secure solution Wix Paiement.
Our site offers security and confidentiality for each payment.
Almighty Tree does not store the entire credit card number on its computer servers. The details of the Customer's credit card are never transmitted unencrypted on the network. The payment is immediate.
ARTICLE 5 - DURATION OF COMMITMENT AND TERMINATION
5.1 These General Terms and Conditions shall apply from the date of validation and acceptance of the Order by the Customer.
5.2 Professional Customers sign a 12-month commitment for the Label, which may be cancelled at any time for a 12-month period.
5.3 In the event of failure by one party to comply with the obligations stipulated in these General Terms and Conditions, the other party may terminate these General Terms and Conditions automatically by sending a registered letter.
Failure by the Customer to comply with the obligations subscribed to under the terms of the present General Terms and Conditions of Sale and "label specifications", and in particular in the event of fraud or any attempt at fraud, or any incident relating to the payment of the price of an order, may result in the suspension of the order and the use of the label.
Almighty Tree reserves the right to refuse any order from a Customer with whom there is a dispute.
ARTICLE 6 - PROCESSING OF PERSONAL DATA
6.1 Almighty Tree may collect and process personal data about the Customer.
This data is collected by Almighty Tree and processed in accordance with the European Data Protection Regulation.
This applies in particular to the following:
- First name
- Phone number
- Login and password to access your personal space
- Encrypted information relating to the Customer's means of payment (in particular credit card number)
6.2 The personal data requested from the Customer is intended for Almighty Tree and its subcontractors, who also undertake to comply with all regulations relating to the management of personal data.
The data collected is necessary for the management of orders and related business relations, for the preparation of invoices, and to allow the Customer to benefit from Almighty Tree's news, and in particular its projects.
No automated decisions or profiling is implemented through the order process.
6.3 Almighty Tree certifies that the data collected is optimally protected in accordance with the legal requirements for the protection of personal data.
Personal data will not be kept for longer than is strictly necessary to fulfil the purpose for which it was collected, and Almighty Tree will correct and/or cancel personal data at the request of the Customer.
Data collected in relation to a Customer will be kept for 10 years after the end of the last contract or the last contact from that Customer.
6.4 The Customer is able to unsubscribe from the newsletter from the email.
The information marked "mandatory" is essential for the management of the Customer's order.
Failure to provide optional data does not result in any difference in treatment of any kind whatsoever for the Customer.
ARTICLE 7 - INTELLECTUAL PROPERTY
7.1 All elements of the Site, whether graphic, visual or sound, including the underlying technology, are protected by intellectual and industrial property law, in particular copyright, trademarks or patents.
They are the exclusive property of Almighty Tree or its licensors.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
7.2 In the event of any breach of the above obligations by the Customer, its agents and/or any third parties, the Customer shall be solely liable to Almighty Tree. The Customer undertakes to indemnify and hold Almighty Tree harmless from all consequences, including financial consequences, of such breaches.
Any use of Almighty Tree's content is subject to the copyright © Almighty Tree.
ARTICLE 8: COMMUNICATION
To ensure fair and responsible communication, any mention of the Almighty Tree brand and/or use of the logo, and/or communication operation by the customer is subject to approval and validation by Almighty Tree.
ARTICLE 9 - LIABILITY
9.1 It is agreed that Almighty Tree's obligation hereunder is strictly limited to the raising of funds and their application to the planting of trees.
9.2 Almighty Tree shall not be liable for the final result of planting by the Beneficiaries where projects are carried out by independent third party organisations and are, in addition, subject to natural hazards, including climatic hazards.
9.3 Almighty Tree's liability for direct damage due to non-performance is limited to the total amount of the services defined in the quote, and actually invoiced and paid by the professional client to the express exclusion of all other amounts.
9.4 Almighty Tree cannot be held liable for any indirect damage suffered by the client.
9.5 Almighty Tree shall not be liable for the consequences of the inability to plant trees online as a result of misuse of the Site, malfunctioning of equipment, networks, including without limitation: use of the internet including but not limited to disruption of service, external intrusion or the presence of computer viruses.
9.6 It is up to the Customer to take all measures to protect his data and/or software from contamination by possible viruses, or other malicious codes, or hacking from the Internet network and to make regular backups.
Almighty Tree also excludes all responsibility in the event of communication by the client to a third party or an unauthorised service.
The Client remains fully responsible for the respect of the laws and regulations in force in the context of its activities and the use of Almighty Tree's services, and in particular its social, fiscal and accounting obligations.
9.7 The Customer guarantees that the files, data and the Visual of the Customer do not infringe any intellectual and/or industrial property rights or related rights or infringe the image, privacy or any other rights of a third party. The Visual, all files and/or data must not under any circumstances infringe any legislation or regulations in force.
Almighty Tree cannot be held responsible for colour variations or the rendering of the Visual, as the quality of the reproduced image is dependent on the quality of the Visual downloaded by the Customer.
ARTICLE 11 - FORCE MAJEURE
10.1 Neither of the parties may be held liable for any delay or non-performance, in whole or in part, of its obligations resulting from the occurrence of a case of force majeure.
Considered as force majeure are: government decisions, war, sabotage, exceptional bad weather, natural disasters, floods, epidemics, fire, lightning, disruption, interruption or failure of networks, lockout, attacks, restrictions on the provision of telecommunications services, restrictions on sources of supply.
10.2 The case of force majeure suspends the obligations of the parties for the duration of its existence.
ARTICLE 11 - DISPUTE
11.1 These General Terms and Conditions are subject to Swiss law.
In case of dispute, the Client shall first contact Almighty Tree to obtain an amicable solution. The Customer and Almighty Tree will make their best efforts to reach an amicable resolution of the dispute.
11.2 If this fails, the case will be subject to Swiss law.
ARTICLE 12- MISCELLANEOUS
In the event that one of the clauses of the present terms and conditions should prove or become null and/or inapplicable for any reason whatsoever, the other provisions of the present general terms and conditions of sale shall remain in force and must be respected.