General Terms and Conditions of Feinkost Schmitz

General Terms and Conditions (GTC) of Feinkost Schmitz

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

Scope

The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is aimed exclusively at consumers resident in Switzerland or Liechtenstein (hereinafter “customer”).

A consumer is a natural person who maintains business relations with Feinkost Schmitz that can be attributed neither to their commercial nor to their independent professional activity. Orders in quantities beyond normal household use may be refused without giving reasons.

Feinkost Schmitz reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order is decisive and cannot be amended unilaterally for that order. Conflicting terms or terms deviating from these GTC are not recognised.

The operator of this website is Feinkost Schmitz (see legal notice).

Information on this website

This website contains information about products and services. Changes to prices and the product range as well as technical changes are reserved. All information on this website (product descriptions, images, illustrations, films, dimensions, weights, technical specifications and other details) serves illustrative purposes, is to be understood as approximate and is non-binding. In particular, it does not constitute any assurance of properties or guarantees unless explicitly stated otherwise. Feinkost Schmitz endeavours to provide all details and information on this website correctly, completely, up to date and clearly, but can give no express or implied warranty for this.

All offers on this website are subject to change and are not to be understood as a binding offer. Feinkost Schmitz cannot guarantee that the listed products are available at the time of the order. All information on availability and delivery times is therefore without guarantee and may change at any time without notice.

Prices

The sales prices shown are final prices and, unless stated otherwise, include any further statutory charges. Prices are net in Swiss francs (CHF). As a small business, we are exempt from Swiss VAT.

Any shipping costs are charged in addition unless provided otherwise and are payable by the customer. Shipping costs are shown separately during the order process. Technical changes, errors and misprints are reserved; in particular, Feinkost Schmitz may change prices at any time without prior notice. The sales prices do not include any advisory or support services.

Conclusion of contract

The products and prices on this website are non-binding offers.

By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Feinkost Schmitz then sends an automatic order receipt confirmation by e-mail confirming that the customer’s offer has been received. Orders placed are binding for the customer. Unless stated otherwise, there is no right of return or withdrawal. The contract is concluded as soon as Feinkost Schmitz sends a declaration of acceptance by e-mail confirming the dispatch of the ordered products or services. Orders are only delivered after payment has been received in full (exception: delivery against invoice) and provided the goods are available. If it turns out that the ordered goods cannot be delivered, or cannot be delivered in full, Feinkost Schmitz is entitled not to accept or fulfil the order, or to do so only in part. In such a case, Feinkost Schmitz will inform the customer by e-mail. If the customer’s payment has already been received by Feinkost Schmitz, it will be refunded to the customer. If no payment has been made yet, the customer is released from the obligation to pay.

Payment options and retention of title

The payment options shown during the order process are available to the customer. Feinkost Schmitz reserves the right to exclude customers from individual payment options without giving reasons or to insist on payment in advance. In the event of late payment by the customer, Feinkost Schmitz may charge default interest of 5% per year as well as a reminder fee of no more than CHF 20.00 per reminder.

The products delivered to the customer remain the property of Feinkost Schmitz until payment has been made in full.

Delivery, duty to inspect, notice of defects and returns

Deliveries are sent by post or courier service to the address given by the customer in the order. Feinkost Schmitz endeavours to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are non-binding. Feinkost Schmitz is entitled to make partial deliveries. In this case, shipping costs are charged to the customer only once. Where delivery against invoice is offered, the invoice is sent by e-mail or by post at the discretion of Feinkost Schmitz. If the delivery cannot be delivered or the customer refuses to accept it, Feinkost Schmitz may terminate the contract after notifying the customer by e-mail and allowing a reasonable period of grace, and may invoice the costs incurred.

The return and exchange of food products is excluded. This applies in particular to foods that cannot be taken back for reasons of hygiene and health, and to perishable goods. Cases of defective or incorrectly delivered goods are excepted. In these cases, the statutory warranty claims apply.

The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which Feinkost Schmitz provides a warranty without delay, in writing by letter or e-mail to the address in the legal notice.

Returns and withdrawal

There is no statutory right of withdrawal for orders placed in our online shop. The conditions for returns, exchanges and refunds are governed exclusively by our refund and returns policy.

Defective or incorrectly delivered goods will of course be taken back. In that case, please contact us immediately after receiving your delivery.

Warranty

The quality and shelf life of the products are guaranteed under the following conditions:

• Unrefrigerated foods and colonial goods must be stored in a dry, cool place.
• Refrigerated foods must be stored at 2–5 °C immediately after receipt.
• Frozen products must be stored continuously at at least −18 °C.

Feinkost Schmitz provides a warranty for product defects until the best-before date expires, but for no longer than 2 years from delivery, provided the customer can demonstrate that the storage conditions were met. The warranty is fulfilled, at our discretion, by replacement, credit note or a price reduction up to a maximum of the purchase price.

Feinkost Schmitz cannot give any assurances or guarantees regarding the timeliness, completeness and accuracy of the data or the constant or uninterrupted availability of the website, its functions, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that use of the website does not infringe the rights of third parties that are not held by Feinkost Schmitz.

Liability

Feinkost Schmitz excludes all liability, regardless of its legal basis, as well as claims for damages against Feinkost Schmitz and against any auxiliary persons and vicarious agents. In particular, Feinkost Schmitz is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal injury, property damage or pure financial loss on the part of the customer. More extensive mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.

Feinkost Schmitz uses hyperlinks solely to give the customer simplified access to other websites. Feinkost Schmitz can neither know the content of these websites in detail nor accept liability or other responsibility for their content.

Data protection

Feinkost Schmitz may process and use the data collected when the contract is concluded in order to fulfil the obligations arising from the purchase contract, and may also use it for marketing purposes. Data required to provide the service may also be passed on to commissioned service partners (logistics partners) or other third parties.

Details of the data protection provisions can be found in our privacy policy.

Sale of alcoholic beverages in Switzerland

Feinkost Schmitz sells alcoholic beverages only in Switzerland and exclusively to customers who have reached the minimum age prescribed by Swiss law. Beer, wine and other fermented alcoholic drinks may not be supplied to persons under 16 years of age; spirits, liqueurs, alcopops and comparable products may not be supplied to persons under 18 years of age. By submitting an order that includes alcoholic products, the customer confirms that they have reached the minimum age required for the product category in question and are legally entitled to obtain these products in Switzerland. Feinkost Schmitz reserves the right to carry out an age check (e.g. on delivery by the delivery service or by other permissible methods) and to cancel orders or withhold deliveries if there is doubt as to whether the legally prescribed minimum age has been reached.

Partial invalidity

Should individual provisions of these GTC prove to be, or become, invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

Further provisions

Feinkost Schmitz expressly reserves the right to amend these GTC at any time and to put them into force without notice.

In the event of disputes, Swiss substantive law applies exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

The place of jurisdiction is Mönchaltorf or the place of residence of the consumer.

Contact

If you have any questions about these GTC, please contact hallo@feinkost-schmitz.ch.