GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
The following terms and conditions apply to all products and services. The present general terms and conditions are applied to business transactions and delivery. Conflicting or deviating General Terms and Conditions shall not be recognized unless Emmi Schweiz AG expressly agrees to them in writing.
Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
The offer is aimed at private customers with residence or legal entities domiciled in Switzerland. Deliveries are only made to addresses in the corresponding delivery areas.
The offer is valid while stocks last. Prices and offers are subject to change at any time. The images shown in advertising, brochures, in the online shop etc. as well as all information on the products (list of ingredients, nutritional values, food facts, allergy information, etc.) are for illustration purposes and are not binding.
The weight specifications of the shop products are a guideline. Due to cutting by hand, the weight indication may show slight differences (maximum 10%).
The prices are in Swiss francs, including value added tax (VAT). The price in the online shop at the time of the order is decisive.
Ordered additional services with costs, such as delivery, cooling bags etc., are listed separately in the shopping basket and on the invoice.
The presentation of the products in the online shop is not a legally binding request, but a non-binding catalogue or a non-binding invitation to customers to order the product in the online shop.
A minimum order value applies per order. The minimum order values communicated in the online shop apply.
After submitting the order, you as a customer automatically receive a confirmation of receipt, which documents that the order has been received by us. From this point on the customer can no longer add to or cancel the order,
As an online shop provider, we are free to refuse orders in whole or in part without giving reasons. In this case the customer will be informed and any payments already made will be refunded. If, after conclusion of the contract, it transpires that the goods ordered cannot be delivered or cannot be delivered in full, Emmi Schweiz AG shall be entitled to withdraw from the entire contract or from one part of the contract. If Emmi Schweiz AG has already received payment from the customer, the payment shall be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. Emmi Schweiz AG shall not be obliged to make a replacement delivery in the event of termination of the contract.
The products must be checked for defects immediately after receipt. Any defects must be reported by the customer in writing without delay. Any hidden defects must also be reported in writing without delay, but no later than the expiry of the minimum durability date. Failure to comply with these provisions shall lead to forfeiture of all warranty claims. In the event of defects that can be proven to have been caused by us, we shall, at our discretion, either replace the defective product or grant a deduction from the price. Any further liability for damages is expressly excluded, subject to mandatory statutory provisions.
Emmi Schweiz AG excludes all liability, irrespective of its legal basis, as well as claims for damages against Emmi Schweiz AG and any auxiliary persons and vicarious agents. In particular, Emmi Schweiz AG shall not be liable for indirect damage and consequential damage, loss of profit or other personal injury, damage to property or pure financial loss of the customer. The right is reserved to assume further-reaching mandatory legal liability, for example for gross negligence or unlawful intent.
Emmi Schweiz AG only uses hyperlinks to facilitate access by the customer to other websites. Emmi Schweiz AG can neither know the content of these websites in detail nor can it assume liability or other responsibility for the content of these websites.
Deliveries are sent by mail or courier service to the address indicated by the customer in the order. Invoicing is done by email or by post. With the dispatch, benefit and risk are transferred to the customer, as far as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Emmi Schweiz AG may, after notifying the customer of the complaint by e-mail and setting a reasonable deadline, dissolve the contract and charge the customer for the costs of the work involved.
The customer shall be obliged to inspect the delivered goods immediately after receipt of the delivery and to notify Emmi Schweiz AG immediately in writing by letter or e-mail to the address in the imprint of the website of any defects for which Emmi Schweiz AG provides a warranty.
Returns to Emmi Schweiz AG shall be at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given by Emmi Schweiz AG in the imprint.
If the examination by Emmi Schweiz AG shows that the goods do not have any detectable defects or that they are not covered by the manufacturer's guarantee, Emmi Schweiz AG may charge the customer for the work involved, the return or any disposal.
An exchange of products is generally excluded.
Emmi Schweiz AG endeavours to supply goods of impeccable quality. In the event of defects that are reported in good time, Emmi Schweiz AG shall guarantee that the item purchased by the customer is free of defects and functional during the statutory warranty period of generally two years from the date of delivery. It is at the discretion of Emmi Schweiz AG to provide the warranty by repairing the item free of charge, replacing it with an equivalent item or refunding the purchase price. Further claims are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties as well as defects attributable to external circumstances are not covered by the warranty. The warranty for consumable and wearing parts (e.g. batteries, accumulators, etc.) is also excluded.
Emmi Schweiz AG is unable to provide any assurances or guarantees that the data is up-to-date, complete and correct, or that the website, its functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, no assurance or guarantee is given that the use of the website does not infringe the rights of third parties who are not in possession of Emmi Schweiz AG.
Emmi Schweiz AG may process and use the data recorded within the framework of the conclusion of the contract in order to fulfil the obligations arising from the purchase contract and may use it for marketing purposes. The data required for the performance of services may also be passed on to commissioned service partners (logistics partners) or other third parties.
The further data protection regulations are further explained in the data protection declaration.
Emmi Schweiz AG expressly reserves the right to amend these General Terms and Conditions at any time and to put them into effect without prior notice.
In the event of any disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction shall be Lucerne, unless the law provides for compulsory places of jurisdiction.