1. Principles and scope
For your information we have translated the German version of this page into English. This translation is for informational purposes only, and the final version of this page is the German version governed by Swiss law.
These general terms and conditions of sale (“GTC”) apply to all orders placed and contracts concluded between private and business customers (the “customers” or “you”) and Swiss Chocolate World via the web shop “swisschocolateworld.com” (the “web shop”) GmbH ("Swiss Chocolate World" or "we"). General terms and conditions of the customer only apply if their validity has been explicitly agreed in writing.
(a) Swiss Chocolate World only delivers to the countries specified in the web shop during the ordering process. If you would like delivery to another country, please feel free to contact us in writing.
(b) The offer is valid as long as it is visible in the webshop and/or stocks last. Price and range changes are possible at any time. Swiss Chocolate World does not guarantee that the products offered are actually in stock.
(c) The images shown in the web shop and all information about the products are for illustration purposes and are non-binding. The specific information on the product packaging is decisive.
(d) We pursue a high quality standard for our web shop, but cannot guarantee its uninterrupted, secure and error-free availability.
(e) We do not sell products containing alcohol to anyone under the age of 18. By placing an order in the web shop, you acknowledge this and confirm that you are entitled to make a purchase.
3. Ordering Process
(a) The presentation of goods in the web shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding offer. Your order is considered an offer to Swiss Chocolate World to conclude a sales contract.
(b) The purchase contract is only concluded with the order confirmation from Swiss Chocolate World or the delivery to you. We reserve the right to refuse orders without giving reasons.
In principle, only normal household quantities for private consumption may be ordered via the web shop. If you would like to order larger quantities or resell the products, please contact us at firstname.lastname@example.org or using the contact form at www.swisschocolateworld.com.
(a) The delivery times given in the web shop are only estimates and are not binding.
(b) Swiss Chocolate World is free to choose the appropriate means of transport and service provider. As a rule, the products are sent via state postal services and/or well-known private transport service providers. Swiss Chocolate World is not liable for late or lost deliveries or for damage in transit (e.g. due to mechanical stress, heat, cold, moisture). You have to assert corresponding claims directly against the transport service provider.
6. Prices and Payment
(a) We reserve the right to adjust product prices at any time. The prices applicable at the time of the order can be seen on the product page and before the ordering process is completed.
(b) Unless otherwise stated, the prices in the web shop include any applicable statutory value-added tax, sales tax, excise tax or comparable tax, but exclude the respective shipping costs. For deliveries to countries other than Switzerland, customs costs and duties may also be incurred, which are to be borne by the customer.
(c) The shipping costs are calculated and displayed to you at the end of the order, depending on the country of destination, weight, volume and the tariffs of the company in charge of the transport.
(d) The Products are pre-paid. Only the payment methods displayed during the ordering process are accepted as payment options.
(a) Swiss Chocolate World only supplies products from well-known manufacturers that have an excellent quality standard. If a product you have purchased is defective, you are welcome to contact us at email@example.com or via the contact form on www.swisschocolateworld.com. If there is a warranty case, we will notify you against sending in the defective product in original packaging send you a replacement product free of charge. Any other warranty rights are excluded.
(b) You are obliged to examine the products immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the products. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the point of discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
(c) The warranty period is two years, but no longer than the best-before date printed on the respective product.
8. Right of Withdrawal
The fourteen-day (14-day) right of withdrawal does not apply to perishable foods such as chocolate. In these cases, the customer cannot invoke the right of withdrawal. However, an order change or cancellation by the customer can still be considered if the package is still being packed and has not yet been handed over to the carrier for delivery. An order that has already been handed over to the supplier can no longer be subject to the purchase waiver. The communication from the customer must be sent by e-mail to the Swiss Chocolate World customer service be sent to the email address firstname.lastname@example.org. In this case and insofar as the customer complies with the above-mentioned deadline, a confirmation email of the waiver will be sent. Swiss Chocolate World will issue the refund to the card used at the time of purchase or to the PayPal account. The refund will be made within a maximum of fifteen (15) days from Swiss Chocolate World becoming aware of the waiver request.
9. Limitation of Liability
(a) Swiss Chocolate World is merely an intermediary. We are only liable in the event of gross negligence or intent, in the event of bodily injury and under the Product Liability Act. Any other liability, in particular liability for slight or moderate negligence, is excluded. Furthermore, any liability for actions or omissions of third parties or any auxiliary persons (such as product manufacturers or transport service providers) is excluded.
(b) Swiss Chocolate World assumes no liability for the completeness, timeliness and accuracy of the information provided in the web shop. You use the web shop at your own risk. Any liability for the content of third-party websites that can be accessed via links from the web shop is also excluded. We do not check these links for their content.
(c) If the above limitations of liability are wholly or partially invalid under the law applicable in the individual case, liability shall be limited to the minimum permissible extent.
10. Force Majeure
Swiss Chocolate World is not liable for the breach of obligations if the breach is due to force majeure. "Force majeure" means an unexpected external event that cannot be averted with reasonable measures, which prevents Swiss Chocolate World from fulfilling contractual obligations. This includes, for example, wars, civil wars, armed conflicts, natural disasters, acts of terrorism, epidemics and pandemics (including COVID-19), quarantine, government measures (including COVID-19), fire, prolonged power failures, etc.
How Swiss Chocolate World handles your data is set out in our data protection declaration, which can be accessed at privacy.
12. Severability Clause
Should any provision of these GTC or the main contract be or become invalid or ineffective, the remaining part of the document shall not be affected. In the event of invalidity or ineffectiveness of a clause, it is to be replaced by one that comes closest to the economic purpose of this clause. Proceed in the same way if a gap becomes apparent.
Unless expressly agreed otherwise between Swiss Chocolate World and you, declarations in text form that are transmitted or recorded by electronic media (e-mail, SMS and the like) are deemed to be written declarations within the meaning of the Swiss Code of Obligations.
14. Changes to these Terms and Conditions
We reserve the right to change and adapt these GTC at any time. With each order, you will be informed of the validity of the version of these General Terms and Conditions that is current at the time, have the opportunity to read them and then agree to their validity.
15. Jurisdiction and Applicable Law
(a) The legal relationship between you and Swiss Chocolate World is exclusively subject to substantive Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(b) The place of jurisdiction is the registered office of Swiss Chocolate World, currently Gsteig (Canton Bern, Switzerland).
Release June 2022