General Terms and Conditions of swisscoffeehouse.ch GmbH

1. Scope

These general terms and conditions (“GTC”) apply to the entire business area of ​​swisscoffeehouse.ch gmbh (hereinafter “company”). The company’s purpose is the production and trade of coffee and luxury products, food and other accessories in accordance with the current offer on www.swisscoffeehouse.ch and all products with the online trade of proware.ch.

2. Conclusion of contract

The contract is concluded by the customer’s acceptance of the company’s offer regarding the purchase of products and/or services.
The contract is concluded in any case when the customer uses the services offered by the company and/or orders products via the company’s online shop or purchases them directly.

3. Prices

Unless otherwise stated, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT).
Prices are exclusive of any other applicable taxes.
Prices do not include packaging and shipping costs.
The company reserves the right to change prices at any time. The prices valid at the time of conclusion of the contract on the company's website and in accordance with the company's price list apply. The weight information may vary in some cases. The average weight is always shown on the website.

4. Payment

The company offers the customer the payment options published on the websites.
The customer is obliged to pay the invoiced amount within 10 (ten) days from the invoice date.
If the invoice is not paid within the aforementioned payment period, the customer will be given a warning. If the customer does not pay the invoice within the specified reminder period, he or she will automatically be in default. From the time of default, the customer will owe default interest of 5% (five percent). The company has the right to refuse delivery or service provision in the event of late payment.
The company reserves the right to demand payment in advance at any time without giving reasons.
If the company also offers products for purchase, rental or other use via an online platform, it can also request payment electronically as part of the ordering process (credit cards, PayPal or other payment systems).
Set-off of the invoiced amount against any claim the customer may have against the company is not permitted.

5. Obligations of the company

5.1. Delivery / delivery dates

Delivery will take place immediately after receipt of the order or as agreed individually. If delivery on time is not possible, the customer will be contacted immediately after receipt of the order and the new delivery date will be communicated.

Unless otherwise agreed, the place of performance is the company's registered office. The company fulfills its obligations by handing over the ordered products to the agreed carrier. If no carrier is agreed, the company is free to choose a carrier. The agreed delivery costs may not be increased by the choice of carrier. Fresh products that require refrigeration are only delivered in Switzerland in order to maintain the cold chain. The company can only comply with the maximum temperatures prescribed by law if the customer accepts the delivery immediately.

The company is entitled to make partial deliveries if this is reasonable for the customer. Shipping costs from multiple producers are to be borne by the customer.

5.2. Provision of services

Unless otherwise agreed, the company fulfils its obligation by providing the agreed service. If no further provisions are agreed, the place of fulfilment shall be the company's registered office.

5.3. Assistants

The parties have the express right to engage auxiliary persons to carry out their contractual obligations. They must ensure that the involvement of the auxiliary person takes place in compliance with all mandatory legal provisions and any collective agreements.

6. Obligations of the Customer

The customer is obliged to take all the necessary precautions for the company to provide the service immediately. The customer must take the precautions at the agreed location, at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing the company with appropriate information and documentation.

7. Exchange or return

In Switzerland, customers have no legal right to exchange or return goods. Food cannot be exchanged or returned.

8. Revocation

Revocation is generally excluded.

9. Warranty

The statutory warranty provisions apply for a maximum period of 24 (twenty-four) months.

Any defect must be reported to the company immediately. The company is entitled to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins again for the repaired element, and the original warranty period continues for the remaining elements of the product.
The company guarantees to carry out the agreed services in accordance with industry standards.

10. Liability

Liability for any indirect damages and consequential damages is completely excluded.

Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is completely excluded.

11. Intellectual property rights

All rights to the products, services and any trademarks belong to the company or are authorized to use them by the owner.

Neither these Terms and Conditions nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.

In addition, any further use, publication or making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless explicitly approved by the company.

If the customer uses content, texts or images in connection with the company to which third parties have a proprietary right, the customer must ensure that no third-party proprietary rights are violated.

12. Protection of minors

According to the Youth Protection Act, we only deliver to persons aged 18 and over

13. Data Protection

The company may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. The company takes the measures required to secure the data in accordance with the legal regulations. The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties upon order of courts or authorities. Unless the customer has expressly prohibited it, the company may use the data for marketing purposes. The data necessary to fulfill the service can also be passed on to commissioned service partners or other third parties.

Furthermore, the data protection regulations apply.

14. Amendments

These general terms and conditions can be changed by the company at any time. The version currently posted on the company's website at the time the customer places the order applies, unless the customer has expressly agreed to a newer version of the terms and conditions.

15th priority

These Terms and Conditions take precedence over all older provisions and contracts. Only provisions from individual contracts that further specify the provisions of these Terms and Conditions take precedence over these Terms and Conditions.

16. Severability Clause

Should a provision of this contract or an appendix to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

17. Confidentiality

Both parties and their assistants undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in effect even after the termination of the contract.

18. Force Majeure

The statutory warranty provisions apply for a maximum period of 24 (twenty-four) months.

Any defect must be reported to the company immediately. The company is entitled to decide whether the defective product will be repaired or replaced. Only if a replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. The right to reimbursement of costs for third-party repairs is excluded. During the repair period, the customer is not entitled to a replacement product. The warranty begins again for the repaired element, and the original warranty period continues for the remaining elements of the product.
The company guarantees to carry out the agreed services in accordance with industry standards.

19. Agents and distribution partners

The customer acknowledges that any sales partners or agents work independently and are therefore independent of the company and that any potential claims must be made directly to them. The company is in no way liable for breaches of contract by any agents or sales partners.

20. Applicable law / place of jurisdiction

These terms and conditions are subject to Swiss law. Unless mandatory legal provisions apply, the court at the company's registered office has jurisdiction. The company is free to file a lawsuit at the defendant's registered office. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

Bern, March 1, 2023