General Terms and Conditions
General information
These General Terms and Conditions (hereinafter “GTC”) apply to all orders and purchases made by individuals and legal entities throughShop Oona Caviar Shop Bergquellfisch Frutigen, Division der Coop Genossenschaft hereinafter referred to asBergquellfisch Frutigen). These T&C govern all aspects of the purchasing processShop through theShop , including, in particular, ordering, delivery, payment, customer service, and complaints.
Conclusion of contract
The provisions of the Swiss Code of Obligations apply to the conclusion of the contract. An order is deemed to have been placed as soon as payment has been received and the customer has received the confirmation e-mail.
Confirmation
Every valid order is automatically confirmed to your e-mail address. The confirmation contains the exact details of your purchase and serves as a copy of the invoice.
Prices / Payment
Price
Prices are determined by the terms of the contract or the underlying price list. Our prices are quoted in the specified currency (Swiss francs (CHF) within Switzerland and the Principality of Liechtenstein; euros (EUR) within Germany and Austria) and include value-added tax (VAT) as well as any applicable customs duties. Retail prices are published.
End customer prices are published.
Payment Methods
We accept the following payment methods: American Express, Mastercard, Visa, Postcard, Post E-Finance, Masterpass, Twint.
Payment Terms, Reminders, and Delinquency
Purchases made inShop charged directly to the payment method (prepayment). If purchases are made via email or phone, the following terms apply: Unless otherwise agreed in writing, invoices are payable in full within 14 days of the invoice date.
In the event of late payment,Bergquellfisch Frutigenis entitled to send reminders.
- The first reminder is free of charge.
- Starting with the second reminder, a reminder fee of CHF 25.00 will be charged.
- Starting with the third reminder, a reminder fee of CHF 30.00 will be charged.
We reserve the right to charge additional collection and debt enforcement costs. Interest on late payments is not charged in the standard dunning procedure, but may be claimed in the context of debt enforcement proceedings.
Deliveries within Switzerland and the Principality of Liechtenstein
The ordered products will be delivered to the shipping address provided by the customer.
Delivery is made viaSwiss Post's overnight express service—Tuesdays through Saturdays between 7 and 9 a.m. (no deliveries on Sundays and Mondays, as well as on holidays and the following days).
- Shipping Costs: CHF 15 (up to 30 kg), plus CHF 15 for every additional 30 kg
- Free shipping: on orders of CHF 250 or more
- Order cutoff for next-day delivery: 3:00 p.m.
Personal receipt of the package is required (refrigerated product). Upon delivery of the order, title and risk pass to the customer.
Deliveries to Germany and Austria
The ordered products will be delivered to the shipping address provided by the customer.
Deliveries are made byGO! Express— Tuesdays through Fridays between 8 a.m. and 12 p.m. (no deliveries on Sundays and Mondays, or on holidays and the following day)
- Shipping costs:
- Germany and Austria: EUR 20
- Free shipping on orders of EUR 280 or more
- Order cutofffor next-day delivery:9 a.m.
Personal receipt of the package is required (refrigerated product). Upon delivery of the order, title and risk pass to the customer.
Meeting Delivery Deadlines
We and our partners do everything in our power to meet delivery deadlines. However, all stated delivery times are for informational purposes only. Failure by us or our delivery partners to meet delivery deadlines does not entitle the customer to cancel the contract or claim damages.
Inability to Deliver
In the event that we or our delivery service partners are unable to deliver an order that we have confirmed, we are under no obligation to arrange for delivery by other means. In this case, we will cancel the order.
This does not entitle the customer to any claim for damages.
The customer is obligated to provide accurate information and to ensure that the information provided remains accurate. If the customer violates this obligation and the order cannot be delivered as a result—for example, due to incorrect address information provided by the customer or if the customer is not at home to accept the delivery in person—we are entitled to cancel the order and charge a flat-rate administrative fee of CHF 50.00.
By clicking the “Buy” button, the customer confirms that all information provided is accurate.
Incomplete Fulfillment of the Order
We strive to deliver the ordered products in sufficient quantities and of high quality. In exceptional cases, however, it may happen that, for various reasons, insufficient quantities of products are available or that they cannot be released for shipment. We therefore reserve the right to make partial deliveries. The actual quantity delivered is indicated on the delivery slip prior to shipment.
Products that are not available at the time of delivery will neither be reshipped nor replaced with other products. The products delivered are listed on the delivery slip and the invoice. If a product is listed on the delivery slip and the invoice but was not actually delivered, the customer will be refunded the corresponding amount.
In the case of partial deliveries, the customer is not entitled to either specific performance or damages.
Complaints
If you receive a damaged or defective shipment, you must notify us immediately upon receipt by phone or in writing; otherwise, the shipment or goods will be deemed to be in good condition and accepted by the customer. In the event of a damaged or defective shipment, the next steps will be discussed with the customer on a case-by-case basis.
Privacy Policy
The processing of your data is subject to the Coop Cooperative’s general privacy policy: https://www.coop.ch/de/unternehmen/datenschutz
Further provisions
Discrepancies Between Languages
In the event of any ambiguities and/or discrepancies between the German, French, Italian, and/or English texts, the German text shall be the sole authoritative version.
Changes to the Terms and Conditions
Berquellfisch Frutigen reserves the right to amend these GTC at any time. The changes will be announced on the website and come into force when they are published. The customer accepts the new terms and conditions with the first order after the new GTC have been published.
Severability clause
If parts of these GTC prove to be unenforceable or invalid, this shall not affect the validity of the remaining provisions.
Governing Law and Jurisdiction
To the extent permitted by law, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory provisions remain reserved.
The place of performance for the delivery of the goods is Frutigen, Switzerland. This also applies to deliveries to an address abroad, provided that no mandatory legal provisions preclude it.
To the extent permitted by law, the ordinary court in Frutigen, Switzerland, shall have jurisdiction over any disputes arising out of or in connection with the contractual relationship. Mandatory statutory jurisdictions remain reserved.
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