GENERAL TERMS AND CONDITIONS

1. General
1.1 These General Terms and Conditions (GTC) govern the relationship between Thomas Müller Chocolatier (hereinafter referred to as the Company) and form an integral part of every contract concluded between the Company and a customer. Any side agreements, assurances, or amendments to these GTC must be made in writing.

1.2 The additional information separately listed in the online shop regarding delivery/shipping costs and payment terms as well as the provisions on data protection (privacy policy) and legal notices form an integral part of these GTC.

2. Conclusion of Contract
The contract is concluded as soon as the Company has accepted an order from the customer in a store, by letter, telephone, e-mail, or in the online shop (hereinafter referred to as the Purchase Contract).

3. Order Changes
3.1 Requests for changes after conclusion of the contract will only be accepted if the Company can still implement such changes with reasonable effort based on the status of preliminary work, and such changes shall only be deemed accepted if confirmed in writing by the Company.
3.2 Once an online order has been placed, the customer cannot make any changes to the order.
3.3 In the event of cancellations, an administrative fee of 20% of the cancelled order value will be charged.
3.4 The costs of preliminary work already performed will also be fully invoiced to the customer.

4. Products Containing Alcohol
The sale of alcoholic products (wine, spirits, sparkling wine, etc.) to persons under 18 years of age is prohibited in Switzerland and Europe. By entering into a purchase contract with the Company, the customer acknowledges these provisions and confirms that they are legally entitled to purchase. An official identity card may be requested at any time.

5. Returns / Exchange / Withdrawal
The return or exchange of delivered products is excluded, as these are food items (chocolate and confectionery products) that are perishable or whose expiry date may quickly be exceeded in the event of a return. There is no right of withdrawal with respect to this contract, in particular for packages specially assembled according to customer specifications or products manufactured at the customer’s request.

A summary of these provisions can also be found on our Return Policy page.

6. Delivery Conditions
6.1 Deliveries are made at the customer’s expense. Shipping costs are listed separately on the invoice.
6.2 The Company accepts no liability for transport damage or damage caused by improper storage of the goods after acceptance by the customer or their agents.
6.3 In cases of undeliverability or delayed delivery due to incorrect address information provided by the customer, absence of the recipient, or unforeseen problems with customs clearance, the Company assumes no liability.
6.4 For deliveries to warmer climates, protective packaging is automatically used and invoiced to the customer. International deliveries are made by carriers selected by the Company.
6.5 Domestic deliveries (Switzerland, Principality of Liechtenstein) are made by carriers and delivery services determined by the Company.
6.6 Delivery times are approximate only. The Company accepts no liability for delays in delivery caused by force majeure, traffic congestion, adverse weather, unusual or unforeseeable delays by customs authorities, etc. Such delays do not entitle the customer to withdraw from the contract or claim damages.
6.7 The customer is responsible for ensuring that deliveries can be received during normal or agreed delivery times. Products returned to the Company by delivery services after unsuccessful delivery attempts cannot be redelivered to the customer for food safety reasons. In such cases, the customer must place a new paid order.

7. Prices
The prices valid at the time of conclusion of the contract shall apply. The Company reserves the right to adjust prices.

8. Terms of Payment
8.1 Purchases on account are reserved for registered customers and companies.
8.2 For orders on account, a minimum order value of CHF 500 applies.
8.3 Orders under CHF 500 must be paid in cash or by credit card.
8.4 Invoices are issued after delivery to the customer and are payable within 15 days from the invoice date.
8.5 Invoices cannot be paid by credit card.
8.6 For orders from abroad, advance payment by credit card or bank transfer is required. Goods will only be shipped after payment has been received.
8.7 In the event of late payment, the Company reserves the right to withhold further deliveries and to charge reminder fees and default interest. A collection agency may be engaged to recover the claim.

9. Inspection of Goods / Complaints
9.1 It is the recipient’s responsibility to inspect the goods immediately upon receipt for completeness and condition. Any complaints regarding quality, completeness, or obvious defects such as damage must be reported to the Company in writing (by e-mail or letter) immediately, but no later than within 24 hours after delivery. Otherwise, the delivery shall be deemed accepted.
9.2 The Company accepts no liability for transport damage or damage caused by improper storage of goods after acceptance by the customer or their agents.

10. Limitation of Liability
The Company is liable only in cases of intentional or grossly negligent damage and only for direct damages. Any further liability, particularly in cases of slight or ordinary negligence or for indirect damages, is excluded.

11. Data Protection
11.1 The data necessary for processing the transaction will be stored and, where necessary, passed on to companies commissioned with execution. Apart from credit checks and debt collection, data will not be passed on to third parties. The data may be used by the Company for customer care purposes. The current privacy policy can be accessed at www.thomasmuller.ch/privacy policy
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11.2 Order-related and other correspondence may be conducted electronically by the Company. Customers are expressly advised of the risks involved in electronic communication, such as virus transmission, data corruption, data loss, or access by third parties, which are beyond the Company’s control. By placing an order, the customer authorizes the Company to send documents and other data electronically, including via unencrypted e-mails.

12. Applicable Law and Jurisdiction
All contracts are subject exclusively to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is Schaffhausen, Switzerland.