General terms and conditions
Chocolat Bernrain AG and Chocolat Stella SA
These general terms and conditions (“GTCs”) of Chocolat Bernrain AG, Buendtstrasse 12,
CH-8280 Kreuzlingen and Chocolat Stella SA, Via alle Gerre 28, CH-6512 Giubiasco (hereinafter referred to together as “Chocolat Bernrain”), govern the rights and obligations in connection with the use of the website www.swisschocolate.ch and the online shop on this website, as well as the rights and obligations for all other orders placed by the customer (wholesale customers and consumers) with Chocolat Bernrain.
Chocolat Bernrain sells high-quality chocolate products.
The following general terms and conditions (GTCs) shall apply between Chocolat Bernrain and its customers in the version valid when the website is called up, or when products are ordered, or a contract is concluded.
A customer is any natural or legal person who has a business relationship with Chocolat Bernrain. These GTCs, the delivery and payment terms, and the data protection provisions may be subject to amendments from time to time.
These GTCs apply exclusively. Conditions conflicting with, supplementary to or deviating from these GTCs require the express written confirmation of Chocolat Bernrain in order to be valid. When using www.swisschocolate.ch or ordering products or concluding a contract, the customer confirms that they fully accept these GTCs, including the delivery and payment terms.
2. Information on www.swisschocolate.ch
www.swisschocolate.ch contains information about products. We reserve the right to make changes to prices and product ranges, as well as technical changes. All details provided on www.swisschocolate.ch (product descriptions, illustrations, films and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Chocolat Bernrain makes every effort to ensure that all details and information provided on www.swisschocolate.ch are correct, complete, up to date and clearly arranged; however, Chocolat Bernrain cannot guarantee this, either explicitly or implicitly.
Chocolat Bernrain cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is provided without guarantee and may change at any time and without notice.
Prices are net of tax in Swiss francs (CHF). Statutory value-added tax is added to the prices.
Any shipping costs, unless otherwise agreed, will be charged additionally and are to be paid by the customer. Shipping costs are shown separately during the order process. Any customs costs shall be borne by the customer.
Errors and misprints are excepted and we reserve the right to make technical changes; in particular, Chocolat Bernrain may make price changes at any time and without prior notice.
4. Conclusion of contract
The offers on www.swisschocolate.ch constitute a binding invitation to the customer to order products. Upon ordering via www.swisschocolate.ch, which includes the customer’s acceptance of these GTCs, a contract is concluded between Chocolat Bernrain and the customer. Chocolat Bernrain will then send an automatic order confirmation by e-mail. A contract between Chocolat Bernrain and the customer is also concluded if the customer orders products from Chocolat Bernrain in person or by other means (online or offline).
Cancellations and order changes are possible without incurring a cost up to the time the products ordered are handed over to the post office or the carrier. After this point, the customer is obliged to take delivery of the products and pay the full price. As Chocolat Bernrain’s products are perishable foodstuffs, the customer has no right of withdrawal.
Orders will be delivered as long as the products are available. If it becomes apparent after the conclusion of the contract that the products ordered cannot be delivered or cannot be delivered in full, Chocolat Bernrain is entitled to withdraw from the entire contract or from part of the contract. The payment already made by the customer will be refunded accordingly. If payment has not yet been made, the customer shall be released from the obligation to pay for the products not delivered. In the event of termination of the contract, Chocolat Bernrain is not obliged to make a replacement delivery or to pay any damages.
5. Payment options
When purchasing products via the online shop, the payment options specified in the order process are available to the customer.
In the case of purchase on account, the customer is automatically in arrears upon expiry of the payment deadline. Chocolat Bernrain may charge interest on arrears of 5% per year and a reminder fee of a maximum of CHF 30.00 per reminder if the customer is in arrears.
Chocolat Bernrain reserves the right to demand payment in advance or to exclude customers from individual payment options without providing a reason.
6. Delivery, inspection obligation, notice of defects and returns
Deliveries are usually sent by post or lorry to the address provided in the order by the customer. The benefit and risk shall pass to the customer upon dispatch.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, the delivery is considered delivered and Chocolat Bernrain may charge the customer for the cost of the products and for the inconvenience.
The customer is obliged to inspect the delivered products within 2 days of receipt of the delivery and to notify Chocolat Bernrain by e-mail within this period of any visible defects for which Chocolat Bernrain is liable; otherwise, the products are deemed to be accepted without reservation.
Returns to Chocolat Bernrain are at the expense and risk of the customer. The customer must return the products to Chocolat Bernrain in their original packaging, together with the delivery note and a detailed description of the defects.
If the inspection by Chocolat Bernrain shows that the products do not have any detectable defects, Chocolat Bernrain can charge the customer for the effort, the return or the possible disposal of the products.
Delayed deliveries do not entitle the customer to withdraw from the contract.
Chocolat Bernrain strives to deliver products of impeccable quality. In case of defects notified in due time, Chocolat Bernrain guarantees the products purchased by the customer to be free of defects during the warranty period of 14 days from delivery. It is at the discretion of Chocolat Bernrain to provide warranty by equivalent replacement or by refund of the purchase price. Further claims are excluded.
The warranty does not cover the consequences of improper handling or damage by the customer or third parties, or defects attributable to external circumstances.
Chocolat Bernrain is not able to give assurances or guarantees for the validity, completeness or correctness of the data or for the constant or uninterrupted availability of www.swisschocolate.ch, its functionalities, integrated hyperlinks or further content. In particular, no representation or guarantee is made that the use of www.swisschocolate.ch will not infringe rights of third parties not owned by Chocolat Bernrain.
Chocolat Bernrain excludes any liability, irrespective of its legal basis, as well as claims for damages against Chocolat Bernrain and any auxiliary persons and vicarious agents. Chocolat Bernrain is, in particular, not liable for indirect damage or consequential damage, loss of profit or other personal injury, property damage or pure financial loss of the customer or third parties. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
9. Further provisions
Chocolat Bernrain expressly reserves the right to amend these GTCs at any time and to bring them into force without notice.
If individual provisions of these GTCs become wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies for any loopholes in the regulations.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Frauenfeld, Thurgau, Switzerland.
Kreuzlingen, 1 November 2021