[Please read these General Terms and Conditions carefully and make sure that you understand them, before ordering any products from our online shop. Please note that before placing an order you will be asked to agree to these General Terms and Conditions. If you refuse to accept these General Terms and Conditions, you will not be able to order any products from our online shop.]
General Terms and Conditions
1. Scope of Application
The following General Terms and Conditions ("GTC") regulate the contractual relationship between the Nicolas Sechaud Chocolat GmbH (CHE-404.269.052), with its registered office in Zug, Switzerland, and the customers who purchase products in our online shop, which is available under the web domain https://nicolassechaudchocolat.ch (hereinafter referred to as "online shop").
The contractual relationship between the Nicolas Sechaud Chocolat GmbH and the customer shall be governed in each case by the version of the GTC which is valid at the time of conclusion of the respective purchase contract.
2. Retrievability of the GTC
These GTC can be called up, printed out or saved locally at any time under nicolassechaudchocolat.ch.
3. Amendment of the GTC
We reserve the right to adjust or amend these GTC at any time. For orders already placed, the general terms and conditions in the version in force at the time the respective order is placed shall apply.
4. Conclusion of Contract
The offer in the online shop is not legally binding and depends on the concrete availability of the respective products.
The products offered in our online shop are only available for purchases by persons who are 18 years and older. By placing an order in the online shop the customer confirms that he/she is legally entitled to make the purchase.
Orders from customers are confirmed by e-mail. A contract between the customer and the Nicolas Sechaud Chocolat GmbH shall only come into effect upon confirmation of the provision by us and shall be subject to the condition of the deliverability of the products ordered in accordance with clause 7 of these terms and conditions. We are free to refuse to accept an order - for whatever reason - and to refuse to confirm it.
With the order, the customer confirms the correctness of all information provided by him/her.
It’s not possible for the customer to alternate or cancel orders that have already been confirmed by us.
All prices are in Swiss Francs (CHF), exclusive of value-added tax (VAT) and delivery costs. Any customs duties and taxes which may apply are to be borne by the recipient.
6. Availability of Ordered Products
We strive to deliver all ordered products in sufficient quantity and in high quality. In exceptional cases, however, it may occur that for various reasons, there are not enough products available or that they cannot be released for delivery.
If a product cannot be delivered despite invoicing, the customer will be credited with the corresponding amount in terms of value. The customer shall not be entitled to any claims for real or damages against the Nicolas Sechaud Chocolat GmbH for shortened or undelivered products.
7. Delivery Modalities and Delivery Costs
The products ordered will be delivered to the address given by the customer at the time of registration or when placing the order. If the recipient's address is incorrect, the customer shall bear the additional costs incurred. The same applies if the shipment cannot be delivered.
We shall endeavour to comply with specified delivery periods. All delivery times announced serve only as orientation. Failure to comply with the delivery deadlines does not entitle the customer to rescind the contract or claim damages.
The delivery costs and any export-related customs duties or taxes shall be borne by the customer. The amount of the delivery costs depends on the type of delivery and the place of delivery.
For quality and safety reasons, we endeavour to personally hand over the product deliveries to the customer. If a personal handover is not possible during the agreed delivery time, the goods will be deposited in front of the door.
With the handover of the ordered products or the deposit of the products at the customer's doorstep, the benefit and risk, in particular the risk of theft, damage by third parties and environmental influences, pass to the customer.
8. Methods of Payment and Delay in Payment
Different payment methods are available for payment. The payment methods can be selected as displayed for selection during the order process. However, we reserve the right to decide, at our sole discretion, which means of payment we accept in each individual case.
In the event of default in payment, we shall be entitled to charge a contribution towards expenses of CHF 20.00 plus interest on arrears of 5% p. a. In the event of default in payment by the customer, we are also entitled to commission third parties to collect outstanding payments and to assign the claims to third parties in Switzerland and abroad.
9. Product Declarations
The product information published in the online shop is updated regularly and with utmost care. In exceptional cases, this information may differ from the actual information printed on the packaging or product. In this case, the information on the packaging or product is always decisive.
10. Limitation of Liability
We shall only be liable for damages to the customer caused by the Nicolas Sechaud Chocolat GmbH intentionally or through gross negligence. We shall not be liable for damages caused by auxiliary persons of the Nicolas Sechaud Chocolat GmbH. Any further liability, in particular for all types of consequential damages and indirect damages, is excluded to the extent permitted by law.
11. Retention of Title
The products sent by us shall remain the property of Nicolas Sechaud Chocolat GmbH until complete settlement of all outstanding receivables. Until full settlement of all outstanding debts of the Nicolas Sechaud Chocolat GmbH the customer is not authorized to resell the products.
12. Right of Revocation
Consumers have the right to revoke the contract within 14 days of receipt of the products. Notice of revocation must be addressed to Nicolas Sechaud Chocolat GmbH, Industriestrasse 47, CH-6300 Zug or by e-mail to email@example.com.
The products must be returned in their original packaging within 14 days of the notice of revocation. The deadline is met if the products are sent back to us before the period of 14 days has expired. The costs of returning the products shall be borne by the consumer.
13. Auxiliary Persons
We are entitled to have the duties incumbent upon us carried out in whole or in part by qualified third parties as auxiliary persons.
14. Severability Clause
Should any provision of these GTC be or become invalid, the remaining part of the General Terms and Conditions shall remain unaffected. Invalid or ineffective provisions are to be replaced by effective provisions which come as close as possible to their economic purpose. The same procedure shall be followed if a gap in the contract arises or if a provision proves to be impracticable.
15. Place of Jurisdiction and Applicable Law
Swiss law applies to all legal transactions to which these GTC apply. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply.
The local courts at the registered office of the Nicolas Sechaud Chocolat GmbH shall be responsible for all legal disputes concerning these GTC as well as all contracts concluded under the application of these GTC.
Last Update: November 2020