Terms and Conditions (GTC) of Feinkost Schmitz

Scope of Application

The following Terms and Conditions (GTC) apply to all orders placed via our website. The offers on this website are directed exclusively to consumers residing in Switzerland or Liechtenstein (hereinafter "Customer").

A consumer is defined as a natural person who enters into business relationships with Feinkost Schmitz that cannot be attributed to their commercial or independent professional activity. Orders in quantities exceeding typical household use may be rejected without reason.

Feinkost Schmitz reserves the right to modify these GTC at any time. The version of these GTC applicable at the time of order shall be binding and cannot be unilaterally changed for that specific order. Conflicting or deviating terms and conditions of the Customer shall not be recognised. The operator of this website is Feinkost Schmitz (https://feinkost-schmitz.ch/pages/impressum).

Information on This Website

Feinkost Schmitz contains information about products and services. Price and assortment changes as well as technical modifications are reserved. All information on this website (product descriptions, illustrations, images, videos, dimensions, weights, technical specifications, accessory references and other information) serve illustrative purposes and are to be understood as approximate values and are non-binding. In particular, they do not constitute a guarantee of properties or warranties unless explicitly stated otherwise.

Feinkost Schmitz endeavours to provide all information on this website accurately, completely, currently and clearly, but Feinkost Schmitz cannot guarantee this either expressly or implicitly.

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

Prices

The sales prices indicated on Feinkost Schmitz are final prices and, unless otherwise stated, include any additional statutory charges such as advance recycling fees (VRG) or copyright fees for electronic devices. Prices are stated net in Swiss Francs (CHF). As a small business, we are exempt from VAT liability.

Any shipping costs will be charged additionally where not otherwise specified and are to be paid by the Customer. Shipping costs are shown separately during the ordering process.

Technical changes, errors and printing mistakes are reserved. In particular, Feinkost Schmitz may make price changes at any time and without prior notice. Consulting and support services are not included in the sales prices.

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 will then send an automatic order confirmation email, confirming that the Customer's offer has been received by Feinkost Schmitz. Orders placed are binding for the Customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as Feinkost Schmitz sends a declaration of acceptance by email, confirming the shipment of the ordered products or services. Orders will only be shipped after full payment has been received (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 to accept or fulfil the order only partially or not at all. In such a case, Feinkost Schmitz will inform the Customer by email. If the Customer's payment has already been received by Feinkost Schmitz, the payment will be refunded to the Customer. If no payment has yet been made, the Customer is released from the payment obligation.

Payment Options and Retention of Title

The Customer has access to the payment options specified during the ordering process.

Feinkost Schmitz reserves the right to exclude Customers from individual payment options without giving reasons or to require advance payment.

In case of payment default, Feinkost Schmitz may charge default interest of 5% per annum and a reminder fee of maximum CHF 20 per reminder.

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

Delivery, Inspection Obligation, Notice of Defects and Returns

Deliveries are sent by post or courier service to the address specified by the Customer in the order. Feinkost Schmitz endeavours to maintain the shortest possible delivery times. 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 will be charged to the Customer only once.

The invoice, where delivery against invoice is offered, will be sent by email or post at the discretion of Feinkost Schmitz.

If delivery is not possible or if the Customer refuses to accept the delivery, Feinkost Schmitz may terminate the contract after notifying the Customer by email and allowing a reasonable grace period, and charge the costs for associated efforts.

The return and exchange of non-perishable food items is excluded. This applies in particular to food items that cannot be accepted back for hygienic and health reasons. There is no right of withdrawal, as the goods are perishable or the packaging must not be opened after purchase for hygienic reasons. Exceptions apply in cases of defective or incorrectly delivered goods. In these cases, statutory warranty claims apply.

The Customer is obliged to inspect the delivered goods immediately upon receipt and to report any defects for which Feinkost Schmitz provides warranty immediately in writing by letter or email to the address in the imprint (https://feinkost-schmitz.ch/pages/impressum).

Right of Withdrawal

The Customer is granted a right of withdrawal within 14 calendar days after receipt of the goods. The deadline is considered met if the Customer sends the written withdrawal by email or letter (address according to imprint https://feinkost-schmitz.ch/pages/impressum) to Feinkost Schmitz within the period. The withdrawal does not require a reason.

Exercising the right of withdrawal results in a reversal of the contract. The Customer must return the goods within 14 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address specified by Feinkost Schmitz in the imprint (https://feinkost-schmitz.ch/pages/impressum).

Returns to Feinkost Schmitz are at the expense and risk of the Customer. Any payment already made will be refunded to the Customer within 20 calendar days, provided Feinkost Schmitz has already received the goods back or the Customer can provide proof of shipment.

Feinkost Schmitz reserves the right to demand appropriate compensation for damages, excessive wear and tear or loss of value due to improper handling, and to deduct the reduction in value from the purchase price already paid or charge it to the Customer.

No right of withdrawal is granted in the following cases:

• If the contract contains an element of chance, namely because the price is subject to fluctuations over which the provider has no influence.
• If the contract concerns a movable item that, due to its nature, is not suitable for return or can spoil quickly.
• If the contract concerns a movable item that is manufactured according to the Customer's specifications or is clearly tailored to personal needs.
• If the contract concerns digital content and this content is not provided on a fixed data carrier, or if the contract is to be fulfilled immediately and completely by both contracting parties.
• If the contract concerns a service and the contract is to be fulfilled completely by the provider with the prior express consent of the Customer before the withdrawal period has expired.

In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the provider undertakes at the time of contract conclusion to provide the services at a specific time or within a precisely specified period.

Warranty

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

• Non-refrigerated food and colonial goods must be stored dry and cool.
• Refrigerated food must be stored immediately upon receipt at max. 2-5° Celsius.
• Frozen products must be stored continuously at at least -18° Celsius.

The online shop provides warranty for product defects until the expiry of the best-before date, but maximum 2 years from delivery, provided the Customer can prove compliance with storage conditions. The warranty is provided at the option of Feinkost Schmitz through replacement, credit or reduction up to a maximum of the purchase price.

Feinkost Schmitz is unable to provide assurances or guarantees regarding the timeliness, completeness and accuracy of data, or for the constant or uninterrupted availability of the website, its functionalities, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties not owned 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 damages and consequential damages, lost profits or other personal, material and pure financial damages of the Customer.

More extensive mandatory statutory liability remains reserved, for example for gross negligence or unlawful intent.

Feinkost Schmitz uses hyperlinks solely to facilitate the Customer's access to other web offerings. Feinkost Schmitz can neither know the content of these web offerings in detail, nor assume liability or other responsibility for the content of these websites.

Data Protection

Feinkost Schmitz may process and use the data collected during the conclusion of the contract to fulfil obligations arising from the purchase contract and for marketing purposes. The data necessary for service fulfilment may also be passed on to commissioned service partners (logistics partners) or other third parties.

The data protection provisions can be viewed in detail at the following link: (>Link Data Protection)

Sale of Alcoholic Beverages in Switzerland

Feinkost Schmitz sells alcoholic beverages only in Switzerland and exclusively to adult Customers who have reached the minimum age required under Swiss law. Beer, wine and other fermented alcoholic beverages may not be sold to persons under 16 years of age; spirits, liqueurs, alcopops and comparable products may not be sold to persons under 18 years of age.

By submitting an order concerning alcoholic products, the Customer confirms that they have reached the respective minimum age required for the relevant product category and are legally entitled to purchase these products in Switzerland.

Feinkost Schmitz reserves the right to conduct an age verification (e.g., upon delivery by the courier service or other contractually permissible methods) and to cancel orders or withhold deliveries if there are doubts about reaching the legally prescribed minimum age when selling alcoholic beverages.

Partial Invalidity

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

Further Provisions

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

In the event of disputes, exclusively substantive Swiss law shall apply, excluding conflict-of-law norms. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

Place of jurisdiction is Mönchaltorf, Feinkost Schmitz, or the Customer's place of residence.

Contact

For questions regarding these GTC, please contact: hallo@feinkost-schmitz.ch