Terms of Trade

1. Scope and Validity

These General Terms and Conditions (GTC) govern the relationship between Tobacco Spirit (the "Seller") and the commercial buyer (the "Buyer"). Deviating terms proposed by the Buyer are only valid if explicitly accepted in writing by the Seller.

2. Offers and Conclusion of Contract

Website Content: The presentation of tobacco varieties and seeds on this website does not constitute a binding legal offer but a non-binding invitation to treat (invitatio ad offerendum).

Contract Conclusion: A binding contract is only formed when the Seller explicitly confirms a purchase order in writing (Sales Contract / Pro Forma Invoice) or when the goods are dispatched.

3. Nature of Goods (Agricultural Disclaimer)

Raw tobacco leaves and seeds are natural agricultural products subject to biological variations.

• Tobacco Leaves: Variations in color, texture, moisture content, and chemical composition (Nicotine/Sugar levels) are inherent to the product. Samples provided are indicative only. The final delivered bulk may deviate within standard industry tolerances.
• Seeds: Germination rates stated are based on laboratory conditions. We accept no liability for crop failure due to environmental factors, improper storage, or cultivation methods employed by the Buyer.

4. Import Compliance and Liability

The Buyer is solely responsible for ensuring that the purchased goods comply with the import regulations, tobacco laws, and phytosanitary requirements of the destination country. Tobacco Spirit accepts no liability for goods seized, delayed, or rejected by customs authorities due to lack of import licenses or regulatory non-compliance by the Buyer.

5. Delivery and Risk

Unless otherwise agreed in the Sales Contract, deliveries are governed by Incoterms 2020. The risk of accidental loss or deterioration of the goods passes to the Buyer upon handover to the logistics provider (FCA/FOB) or as defined in the specific Incoterm agreed.

6. Jurisdiction

These terms are governed by Swiss Law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the registered seat of Tobacco Spirit in [Canton], Switzerland.