GENERAL TERMS AND CONDITIONS OF NATURKOSTBAR AG
I. VALIDATION OF THE GENERAL TERMS AND CONDITIONS AND CONCLUSION OF CONTRACT
These General Terms and Conditions apply to purchase contracts and other contracts with private and business customers, which are concluded with Naturkostbar AG.
2. every natural and legal person who maintains business relations with Naturkostbar AG is called a customer.
3 The customers will be made aware of the general terms and conditions applicable to Naturkostbar AG at the latest upon conclusion of the contract and these will be made available to the customer. When ordering via the webshop, the customer has to accept these terms and conditions.
4 The offers in the webshop represent a non-binding invitation to the customer to order products and/or services from Naturkostbar AG. With the order over the Webshop, including the acceptance of these AGB, the customer delivers a legally binding offer to the conclusion of a contract. Orders placed are binding for the customer. The contract for the webshop is concluded as soon as the confirmation arrives at the buyer. Unless otherwise stated, there is no right of return or withdrawal.
5 Naturkostbar AG reserves the right to change these GTC at any time. The version of these GTC that is valid at the time of conclusion of the contract is decisive in each case.
II. PRICES AND SHIPPING COSTS
6. the prices quoted on the product page are inclusive of any statutory value added tax (VAT) and are quoted in Swiss francs (CHF). The amount of the shipping costs will be displayed to the customer during the ordering process. For orders abroad, the shipping costs must be paid additionally in any case.
7 Further taxes and costs are not incurred (with the exception of any customs duties and import taxes for deliveries abroad) and subject to any other contractual agreement.
8 The supplier reserves the right to change the prices at any time. The prices published on the website on the order date or the prices signposted in the shop are valid for the customers.
The conditions for promotions and discounts can be found on the website under the relevant information or directly in the shop.
III. DELIVERY CONDITIONS WERE
10 The delivery of physical goods shall take place within Switzerland and the EU or EEA. Deliveries to other countries must be requested.
The delivery time for Switzerland via Swiss Post (dispatch priority) is generally 1 - 3 working days corresponding to the delivery times of Swiss Post, unless otherwise stated in the offer. For deliveries to the EU, the EEA or other countries, the delivery times are generally between 6 - 12 working days and depend on the delivery times of Swiss Post.
If not all ordered products are in stock, Naturkostbar AG is entitled to partial deliveries. If the delivery takes place in partial shipments, the customer pays the shipping flat rate only once.
13 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, Naturkostbar AG can withdraw from the contract. Any payments made will be refunded less any expenses incurred.
IV. RIGHT OF REVOCATION AND RIGHT OF WITHDRAWAL
14 A right of revocation of the purchase contract is basically not possible.
15. exception: Customers with residence in the EU area can revoke the sales contract within 14 days without indication of reasons and without penalty payment. The period for exercising this right begins on the day on which the goods arrive at the consumer. The customer may return goods already delivered unopened, in their original packaging and at his own expense. Payments already made will be refunded by the supplier free of charge. The right of revocation can be asserted using the sample revocation form.
16 A withdrawal from the contract on the part of the customer is only possible in exceptional cases according to the following provisions of these GTC and additionally according to the provisions of the Swiss Code of Obligations.
V. WARRANTY, DEFAULT AND LIABILITY
17 In the event of loss, damage or incorrect delivery of PostPac Priority parcels, the Post CH AG commissioned by the provider shall be liable within the framework of its general terms and conditions "Postal services for business customers". Any liability on the part of the provider for this is excluded.
18 The provider guarantees that the goods have the warranted characteristics, have no defects impairing their value or suitability for the intended use and comply with the prescribed services and specifications. In the case of services, the provider warrants careful action.
19. the buyer must inspect the delivered goods as quickly as possible and report any defects immediately, within 7 working days. If the notification of defects is not made or is delayed, the purchased goods are deemed to have been approved and the warranty rights are forfeited. Payment shall not be deemed a waiver of notice of defects. The responsible customer service is under naturkostbar.ch in the foot area under contact to reach.
20 In the case of defects notified in good time, the customer is only entitled to the right to replacement delivery or rectification. If the repair or replacement delivery fails or is disproportionate, Naturkostbar AG can also grant the customer a reduction in the purchase price or, in the case of considerable defects, can offer to reverse the contract. The customer shall not have the right to choose whether to exercise his warranty rights. Any further claims are expressly excluded.
21 A right of withdrawal from the contract as well as claims for damages due to delay of the supplier are expressly excluded.
22 Naturkostbar AG excludes any liability, regardless of its legal basis, as well as claims for damages against Naturkostbar AG and any auxiliary persons and vicarious agents. Naturkostbar AG is in particular not liable for indirect damages and consequential damages, lost profit or other personal injury, property damage and pure financial losses of the customer. Further mandatory legal liability is reserved, for example for gross negligence or unlawful intent.
VI. PAYMENT
23 The payment methods available to the customer during the ordering process are available via the webshop. The following payment methods are possible (non-exhaustive list):
Cash payment in the branch (also possible credit card, TWINT)
Invoice (payment term 10 days)
TWINT
PostFinance card
credit card
Apple Pay
Paypal
prepayment
24. for customers from abroad the payment takes place exclusively by credit card, Paypal, Apple Pay, TWINT or other prepayment possibilities.
25. the invoice is enclosed with dispatch of the commodity. The payment period is 10 days for end customers and 10 days for business customers after receipt of the invoice.
26 In case of late payment, the supplier will send a maximum of three reminders. A fee of CHF 20 will be charged for the second reminder. For the third reminder, a fee of CHF 50 will be charged. If the customer fails to pay on time, debt enforcement measures or legal proceedings will be initiated. In addition, default interest of 5 percent will be charged in the event of late payment. Further claims for damages remain reserved.
27 A set-off of the claim from an order against counterclaims of the customer which are not recognised or not legally binding is excluded.
VII. LIABILITY FOR ONLINE CONNECTIONS
28. the provider undertakes to ensure security in systems, programs, etc., which belong to him and over which he has influence, in accordance with the latest technical standards and to comply with the rules of data protection.
29 Customers shall ensure the security of systems, programs and data within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.
The Provider shall not be liable for defects and malfunctions for which he is not responsible, in particular not for security defects and operational failures of third-party companies with which he cooperates or on which he is dependent.
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 strain, unsuitable operating resources of the Customer or third parties, extreme environmental influences, interventions by the Customer or disturbances by third parties (viruses, worms, etc.) which occur despite the necessary current security precautions.
VIII DATA PROTECTION
32 Insofar as the contracting parties come into contact with personal data during the execution of the order, the relevant data protection regulations shall be observed. The customer is expressly referred to the provisions of the Data Protection Act (DSG) and the EU Data Protection Basic Regulation (EU-DSGVO). Information on data processing with reference to the data protection declaration of the provider is provided via a click button during the ordering process on the website of the provider.
33 The Customer acknowledges that there is a legitimate interest in the processing of personal data in connection with the performance of the contract. Data will only be exchanged with third parties if this is indispensable for the fulfilment of the contract. How the provider processes the data can be found in the privacy policy of Naturkostbar AG.
34 You will be informed that your application/order data will be transmitted to CRIF AG in Zurich for verification of your identity or creditworthiness. Further information can be found at: www.mycrifdata.ch/#/dsg
IX. CHOICE OF LAW AND PLACE OF JURISDICTION
35 Swiss law shall apply unless another law is mandatory.
36 The place of jurisdiction shall be Steffisburg, unless the law provides for mandatory places of jurisdiction.
X. FINAL PROVISIONS
37 If parts of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced by the relevant statutory provisions.
Steffisburg, 16 December 2019