1. Basics and scope
These general terms and conditions of sale (“Terms and Conditions”) apply to all orders placed and contracts concluded between private and business customers (the “customers” or “you”) and Swiss Chocolate World via the webshop “swisschocolateworld.com” (the “Webshop”) GmbH (“Swiss Chocolate World” or “we”). The customer's general terms and conditions only apply if their validity has been explicitly agreed in writing.
These general terms and conditions of sale were written in German. In the event of possible translation errors, the German version always applies
2. Offer
(a) Swiss Chocolate World generally only delivers to the countries specified in the online 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 web shop and/or stocks last. Price and range changes are possible at any time. Swiss Chocolate World provides no guarantee that the products offered are actually in stock.
(c) The images shown in the web shop as well as 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 online shop, but cannot guarantee its uninterrupted, secure and error-free availability.
(e) We do not sell alcohol-containing products to anyone under 18 years of age. By ordering in the online shop, you acknowledge this and confirm that you are authorized to purchase.
3. Order process
(a) The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding offer. Your order is considered an offer to Swiss Chocolate World to conclude a purchase contract.
(b) The purchase contract is only concluded with the order confirmation from Swiss Chocolate World or delivery to you. We reserve the right to reject orders without giving reasons.
4. Orders
Standard household quantities for private consumption as well as quantities of an unspecified amount for retail can be ordered via the web shop. We reserve the right to adjust ordered goods that are not available or quantities that cannot be delivered after mutual agreement.
5. Delivery
(a) The delivery times for the countries specified in the web shop are mere 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 shipped via government postal services and/or reputable private transport service providers. Swiss Chocolate World is not liable for late or lost deliveries or for transport damage (e.g. due to mechanical stress, heat, cold, moisture). You must 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 ordering can be seen on the product page and before completing the ordering process. Any discounts that we grant to business customers depend on forecast annual sales and can only be adjusted at the earliest 6 months after the first order is received.
(b) Unless otherwise stated, the prices in the web shop include any applicable statutory VAT, sales tax, consumption tax or comparable tax, but exclude the respective shipping costs. When delivering to countries other than Switzerland, Liechtenstein or the EU, customs costs and duties may also apply, which must be borne by the customer. The current minimum order value for private individuals is CHF/€ 30.-. Free shipping for private individuals is available from CHF/€ 90.-. For business customers, the minimum order value is CHF/€ 200. This includes customs clearance, shipping costs and, depending on the country, any applicable statutory VAT, sales tax and consumption tax or comparable taxare exclusive.
(c) The shipping costs will be calculated and displayed to you at the end of the order, depending on the destination country, weight, volume and the tariffs of the company responsible for transport. For business shipments, shipping costs are determined individually.
(d) For private individuals: the products must be paid for in advance. Only the payment methods displayed during the ordering process are accepted as payment options. Payments on account are not possible for private individuals.
(e) For business customers: for the first 3 orders, the products must be paid for in advance. Only the payment methods displayed during the ordering process are accepted as payment options. Payments on account are possible for business customers from the 4th order. The payment period is 30 days from receipt of the order. The reminder period is then 10 days. Unpaid invoices are then forwarded to a debt collection agency. Customers who do not meet their payments will not be allowed to place further orders until all of our claims have been settled. More than 3 open invoices will not be accepted.
7. Warranty
(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, please feel free to contact us at info@swisschocolateworld.com or using the contact form on www.swisschocolateworld.com. If there is a warranty claim, we will send you a free replacement product upon sending the defective product in its original packaging . Any further warranty rights are excluded.
(b) You are obliged to inspect the products immediately and with due care for deviations in quality and quantity and to report any obvious defects to us within 7 days of receipt of the products. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
(c) The warranty period is two years, but up to a maximum of 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 taken into account 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. Notification from the customer must be made by email to the Swiss Chocolate Worldcustomer service, to the email address info@swisschocolateworld.com. Here and if the customer adheres to the above-mentioned deadline, a confirmation email of the waiver will be sent. Swiss Chocolate World will issue the refund to the card used for purchase or to the PayPal account. The refund will be fulfilled 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 a mere middleman. We are only liable in the event of gross negligence or intent, in the event of physical injury and in accordance with the Product Liability Act. Any other liability, particularly liability in the event of 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 webshop 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 applicable law in the individual case, liability must be limited to the minimum permissible extent.
10. Force Majeure
Swiss Chocolate World is not liable for breaches of obligations if the breach is due to force majeure. “Force majeure” is understood to mean an unexpected external event that cannot be prevented with reasonable measures and which prevents Swiss Chocolate World from fulfilling contractual obligations. These include, for example, wars, civil wars, armed conflicts, natural disasters, acts of terrorism, epidemics and pandemics (including COVID-19), quarantine, government measures (including regarding COVID-19), fire, long-term power outages, etc.
11. Data Protection
How Swiss Chocolate World handles your data is set out in our data protection declaration, available at Data protection .
12. Severability clause
Should a provision of these General Terms and Conditions or the main contract be or become invalid or ineffective, the remaining part of the document will not be affected. If a clause is invalid or ineffective, it must be replaced by one that comes closest to the economic purpose of this clause. The same procedure should be followed if a gap becomes apparent.
13. Form
Unless expressly agreed otherwise between Swiss Chocolate World and you, declarations in text form that are transmitted or recorded via electronic media (e-mail, SMS and the like) are considered 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 terms and conditions at any time. With each order you will be informed of the validity of the current version of these General Terms and Conditions, you will have the opportunity to read them and then agree to their validity.
15. Place of jurisdiction and applicable law
(a) The legal relationship between you and Swiss Chocolate World is governed exclusively by substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(b) The place of jurisdiction is the headquarters of Swiss Chocolate World, currently Gsteig (Canton of Bern, Switzerland).
January 2024 version
