Terms and conditions for business customers – Feinkost Schmitz Switzerland

Terms and conditions for business customers in Switzerland

This is a translation for information only. In the event of any discrepancy, the German version shall prevail.

These general terms and conditions govern orders of gift boxes, fine foods and delicacies placed by business customers.

1. Scope

These general terms and conditions apply to all offers, sales, deliveries and services of Feinkost Schmitz vis-à-vis companies, legal entities under public law and special funds under public law.

These terms and conditions apply exclusively to B2B transactions. By placing an order, the customer confirms that they are acting in the exercise of their commercial or independent professional activity.

Deviating terms of the customer only apply if Feinkost Schmitz has expressly confirmed their validity in writing.

2. Orders, prices and payment

Offers by Feinkost Schmitz are subject to change and non-binding unless they are expressly designated as binding.

An order placed by the customer constitutes a binding offer. The contract is only concluded upon written order confirmation, invoicing or delivery of the goods.

Unless stated otherwise, all prices are in Swiss francs plus any costs for packaging, shipping, delivery, refrigerated shipping, address handling, personalisation or special services.

Feinkost Schmitz is not subject to VAT; no VAT is shown on invoices.

Unless otherwise agreed, invoices are payable net within 30 days without deduction. For first orders, larger orders or customer-specific work, Feinkost Schmitz may require advance payment or partial payment.

In the event of late payment, Feinkost Schmitz is entitled to suspend further deliveries and to charge default interest as well as reasonable reminder fees.

3. Delivery

Deliveries are made to the delivery address specified by the customer or to several recipient addresses notified by the customer. The customer is responsible for the accuracy and completeness of all address details.

We deliver to Switzerland and Liechtenstein. From an order value of CHF 300.–, delivery is free of shipping costs; below this, we charge a shipping cost contribution of CHF 15.– per delivery address.

Delivery periods and delivery dates are stated to the best of our judgement and are only binding if they have been expressly confirmed in writing as fixed dates.

Partial deliveries are permitted insofar as they are reasonable for the customer. Delays due to force majeure, supply shortages, transport disruptions, official measures or seasonal unavailability of individual products extend the delivery period appropriately.

In the case of perishable goods or temperature-controlled products, the customer is responsible for ensuring that acceptance of the delivery is guaranteed at the agreed time.

4. Warranty

The statutory provisions of the Swiss Code of Obligations apply to defects in the delivered goods, insofar as these terms and conditions do not contain a permissible deviating provision. Under Swiss law, goods are deemed defective if they do not have the assured or expected properties.

The customer must inspect the goods immediately upon receipt and give written notice of apparent defects, incorrect deliveries or quantity discrepancies within 3 working days at the latest. Hidden defects must be notified in writing immediately after their discovery.

In the case of defects notified in good time and proven, Feinkost Schmitz shall, at its option, provide a replacement delivery, rectification, an appropriate price reduction or a credit note. Further claims exist only within the scope of mandatory statutory provisions.

There is no defect in the case of insignificant deviations customary in the industry, in particular with regard to packaging, decoration, vintage, label, shape or colour, provided that fitness for use is not significantly impaired.

5. Liability

Benefit and risk pass to the customer upon handover of the goods to the transport service provider, unless mandatory statutory provisions provide otherwise. This also applies if Feinkost Schmitz takes on additional services such as assembly, packaging or shipping coordination.

Feinkost Schmitz is liable for damage only in the event of intent or gross negligence. In the event of slight negligence, Feinkost Schmitz is liable only for breaches of essential contractual obligations and only for typically foreseeable damage, insofar as such a limitation is legally permissible.

No liability is accepted for damage resulting from improper storage, late acceptance, incorrect forwarding to recipients, incomplete allergy information or incorrect delivery addresses on the part of the customer.

If a shipment is delivered with visible damage sustained during shipping, the customer must, where possible, immediately document the damage with the transport service provider and inform Feinkost Schmitz in writing without delay.

6. Returns

There is no general right of withdrawal, exchange or return for B2B orders. In Switzerland, there is no general statutory right of withdrawal in online retail; such a right applies only if it is expressly granted by the supplier.

Returns are therefore only accepted in the case of proven defects or after the express written consent of Feinkost Schmitz.

Excluded from return are in particular individualised gift boxes, personalised cards, special procurements, opened food products, perishable goods and products that cannot be placed on the market again for hygienic or quality reasons.

7. Data protection

Personal data is processed exclusively within the framework of the applicable data protection provisions and only insofar as this is necessary for order processing, delivery, invoicing, communication and maintaining the business relationship.

In particular, the contact details of the person placing the order, invoicing data, delivery addresses of recipients and order-related information are processed. If the customer transmits personal data of third parties, the customer warrants that they are entitled to pass on this data.

Feinkost Schmitz takes appropriate technical and organisational measures to protect the processed data. These include in particular access restrictions, password-protected systems and the use of standard security and encryption technologies for electronic transmission, insofar as these are technically used.

Data is only passed on to third parties insofar as this is necessary for the performance of the contract, in particular to payment service providers, shipping partners, IT service providers or authorities within the scope of statutory obligations.

8. Applicable law and place of jurisdiction

Swiss law applies exclusively, excluding the conflict of laws rules and, insofar as permissible, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from or in connection with these terms and conditions is, insofar as legally permissible, the registered office of Feinkost Schmitz.

9. Final provisions

Should individual provisions of these terms and conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

Amendments, additions and ancillary agreements require the written form or a verifiable electronic confirmation.

10. Contact

We will be happy to answer questions about retailer terms, corporate gifts and orders by email at hallo@feinkost-schmitz.ch.