GTC - GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
These general trading conditions (AGB) apply to all orders, the customers over on-line Shop of the
The Roasting House
CH - 8500 Frauenfeld
Company Identification Number (UID): CHE-110.152.801
subsequently to Gerelli.
These AGB can be called up, stored and printed out under the following link "AGB" in the online shop.
Any other terms and conditions deviating from the GTC, in particular also those which the customer declares applicable together with the acceptance of the contract, shall only be valid if and to the extent that they have been expressly accepted by Gerelli in writing.
The General Terms and Conditions in the version valid at the time of the order shall apply. Gerelli reserves the right to change these terms and conditions at any time.
2. SUBJECT MATTER AND LANGUAGE OF THE CONTRACT
The offer in the online shop is aimed at natural and legal persons who either have their domicile or habitual residence in Switzerland or Liechtenstein and can provide a delivery address in Switzerland or Liechtenstein.
The contract language is German.
3. OFFER AND CONCLUSION OF CONTRACT
The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.
A binding order is only triggered when the customer has entered all the data required for the execution of the contract, confirmed that he has read these GTC and clicked on the "Pay & complete order" button (order). Until this button has been clicked, the customer may initially select products from the Gerelli product range without obligation and place them in the shopping basket as well as freely change and delete the order. The sending of the binding order is considered as an offer by the customer to Gerelli to conclude a contract. Binding orders can be placed as a guest or registered customer. For registration, the customer must create a password-protected customer account. Immediately after receipt of the order, the receipt of the order is automatically confirmed (confirmation of receipt Gerelli). The confirmation of receipt does not represent an acceptance of the order.
An order can be rejected without giving reasons. Gerelli is not obliged to conclude a contract based on an order.
The sales contract is concluded by dispatch of the ordered products or dispatch of the corresponding invoice, whichever is earlier. If the order comprises several products, the contract is only concluded for those products which are expressly listed in the shipping confirmation or invoice or which were effectively shipped. If a successful delivery is not possible or only possible under difficult circumstances for reasons for which Gerelli is not responsible, such as wrong delivery address, absence of the recipient, lack of access permit, etc., Gerelli is entitled to cancel the order. Any claim of the customer for damages or real compensation is excluded in this case. Any purchase price already paid will be refunded, less any expenses for the unsuccessful delivery.
4. PRICES AND SHIPPING COSTS
The prices stated on the respective product page are to be understood as final prices and as such already include the statutory value added tax and other price components. The final prices are stated in Swiss francs (CHF). In addition to the stated prices, shipping costs may be added depending on the order value. For orders with a value of less than CHF 50, additional shipping costs of CHF 9 are incurred. If the order value exceeds CHF 50, delivery is free of charge.
5. DELIVERY CONDITIONS
The delivery takes place only within Switzerland and Liechtenstein, as a rule by POST CH AG.
Unless otherwise stated in the online shop for the respective product, the delivery time is usually 1 to 3 working days. In the event of delays in delivery, there is only a right to performance. The customer is neither entitled to waive the delivery nor to withdraw from the contract. The assertion of damages or other claims is also excluded.
If not all ordered products are in stock, Gerelli is entitled to partial deliveries.
6. TERMS OF PAYMENT
Payment can be made by credit card (Mastercard, Visa), Postfinance, Twint. If payment is made by credit card, Postfinance or Twint, the customer's account will be debited at the time of the binding order.
In the event of late payment, the customer shall be in default without a reminder. The legal consequences are governed by law (Art. 102 ff. OR).
7. RIGHT OF RETURN
Irrespective of the customer's warranty rights, Gerelli voluntarily grants the customer a right of return. The customer may assert this right without giving reasons. If the customer returns purchased products within 7 calendar days after receipt of the products in perfect, unused and unopened condition and in the original packaging, Gerelli will refund the full purchase price.
The costs for the return shall be borne by the customer.
8. RETENTION OF TITLE
The products remain the property of Gerelli until full payment has been made by the customer.
Gerelli reserves the right to assign or pledge the due purchase price claims against the customer arising in connection with delivered orders, including any due instalments, default interest and reminder fees, to third parties.
The customer is obliged to inspect the delivered products as soon as it is feasible in the normal course of business and to notify Gerelli's customer service in writing of any defects detected within a maximum of 7 calendar days of receipt (shop@Gerelli.ch; e-mail suffices). Defects that could not be detected during a proper inspection in accordance with the above paragraph must be reported to Customer Service in writing within a maximum of 7 calendar days after discovery (shop@Gerelli.ch; e-mail is sufficient). If the complaint is not made in due time, the products are deemed to have been approved and all warranty claims are excluded. The defective product must be returned to Gerelli with a copy of the payment receipt and a detailed description of the defect. In the event of a defect, the customer should contact Gerelli in advance by e-mail at shop@Gerelli.ch . Gerelli will then decide whether a return is appropriate. Any return costs incurred shall be borne by Gerelli. Products returned by customers become the property of Gerelli again. If the warranty conditions are met, there is a right to replacement delivery. Other warranty rights are excluded. In particular, there is no right of cancellation or reduction. Customers do not receive any assurances or guarantees in the legal sense from Gerelli.
With the handing over of the delivery for shipment, benefit and risk, in particular the risk of theft, damage by third parties and environmental influences, pass to the customer.
Gerelli shall only be liable for damages arising from warranty, non-performance or improper performance, tort and other legal grounds in the event of gross negligence or intent.
The liability for auxiliary persons is completely excluded.
In any event, Gerelli shall not be liable for any damage caused by (but not limited to) any of the following:
i. improper, non-contractual or unlawful storage, adjustment or use of the products;
ii. Transport damage;
iii. Force majeure, in particular elemental, moisture, fall and impact damage etc. for which Gerelli is not responsible, and official orders.
13. DATA PROTECTION
14 HIGHER VIOLENCE
In the event of strikes, exclusions, operational disruptions, natural disasters, war, epidemics, accidents and similar circumstances affecting the operations of Gerelli or its suppliers, which make the execution of the delivery impossible or unreasonable, not only temporarily, Gerelli may withdraw from the contract without any obligation to pay compensation. In this case, Gerelli undertakes to inform the customer immediately of the unavailability and to reimburse any payments already made by the customer.
15. SEVERABILITY CLAUSE, APPLICABLE LAW AND PLACE OF JURISDICTION
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Swiss substantive law applies exclusively. The application of the conflict-of-law rules and the Convention of 15 June 1955 on the law applicable to international contracts of sale of movable tangible property and the United Nations Convention on Contracts of 11 April 1980.
The exclusive place of jurisdiction is Frauenfeld (TG), Switzerland, unless mandatory law provides for another place of jurisdiction. However, Gerelli shall also be entitled, at its discretion, to claim against the customer at the customer's domicile.
Last update: 11.11.2019