1. General

1.1 These General Terms and Conditions (GT&Cs) govern the relations between Thomas Müller Chocoaltier (hereinafter referred as “the company”) and customers. They form an integral part of any contract entered into by the company and a customer. Any ancillary agreements, assurances or amendments to these General Terms and Conditions must be set out in writing.

1.2 The additional information set forth separately in the online shop concerning delivery terms/shipping costs and payment terms as well as the notification regarding data protection (Data Protection Notice) and legal notices form an integral part of these T&Cs.

2. Contract conclusion

The contract is made as soon as the company receives an order from the customer in a branch, by letter, by telephone, by e-mail or in the online shop (hereinafter referred to as “purchase agreement”֨).

3. Changes to orders

3.1 Requests for changes received after the contract has been concluded will be accepted only if the company is able to implement the change with reasonable effort given the status of the preparatory work and is expressly only deemed to be accepted if the company confirms the change in writing.

3.2 Once an online order has been placed the customer is unable to make changes to the order.

3.3 In the event of cancellation, a handling fee of 20% of the value of the cancelled order.

3.5 The costs of any preparatory work undertaken will additionally be passed on to the customer in full.

4. Products containing alcohol

Products containing alcohol (wine, spirits, sparkling wine, etc.) may not be sold to persons under the age of 18 in Switzerland and in Europe. By entering into a purchase agreement with the company, customers recognize these requirements and confirm that they have the right to make such purchases. Customers may be requested to provide legitimate proof of age at any time.

5. Return/Exchange and Cancellation

Delivered products may not be returned or exchanged. As our goods are food products which can spoil quickly or which have expiry dates that would quickly be exceeded if returned, there is no right of withdrawal with respect to this contract. This also applies in particular to packages that are specially assembled according to customer specifications and to products that are manufactured at the customer’s request.

6. Terms of delivery

6.1 Deliveries are made at the customer’s expense. The costs of delivery are indicated separately on the invoice.

6.2 The company shall not be liable for damage caused during transportation or damage arising from improper storage of the goods upon acceptance by the customer or auxiliary persons acting for the customer.

6.3 The company shall not be liable for any non- or late delivery of items due to an incorrect delivery address being provided by the customer, the absence of the recipient, or unforeseeable customs clearance problems.

6.4 Protective packaging is used automatically for shipments to warm climates and is billed to the customer. Shipments abroad are carried out by transport companies chosen by the company.

6.5 Deliveries within Switzerland and Liechtenstein are made by transporters and delivery service providers selected by company.

6.6 Delivery times are approximate times only. The copany is not liable for delays in delivery for reasons beyond its control, e.g. force majeure, traffic congestion, adverse weather conditions, unexpected seizure by customs officials, etc. In cases of this kind, the client shall not be entitled to withdraw from the purchase agreement or to claim compensation for damages.

6.7 The customer is responsible for ensuring that deliveries can be received at the usual or agreed times. After an unsuccessful delivery attempt by delivery services, food law prohibits products that are returned to the company from being delivered to the customer again. In such a case, the customer must place a new order which is charged at full price.

7. Prices

The prices agreed upon conclusion of the purchase agreement apply. The company reserves the right to make price changes.

8. Terms of payment

8.1. Purchase on account (invoice) is reserved for registered customers and companies.

8.2. For orders on account (invoice), a minimum order value of CHF 500.00 applies.

8.3. Orders under CHF 500.00 must be paid for in cash or by credit card.

8.4 The invoice is issued after the customer has received the delivery and is due for payment within 15 days of the invoice date.

8.5 Invoices cannot be paid by credit card.

8.6 Orders from abroad must be prepaid by credit card or bank transfer. The ordered goods will only be shipped after the payment has been received.

8.7 In the event of a delay in payment, the company reserves the right to withhold further deliveries to the customer and to charge a reminder fee and interest on arrears. A debt collection agency will be commissioned with the collection of the debt.

9. Inspection upon receipt / Complaints

9.1 It is the responsibility of the recipient to check the goods immediately upon receipt for completeness and condition. Any complaints regarding quality, completeness and obvious defects such as damage must be promptly communicated to the company in writing (via e-mail or post), in any case no later than 24 hours after delivery, otherwise the delivery will be considered to have been accepted.

9.2 The company accepts no liability for transit damage or damage caused as a result of improper storage of the products upon acceptance by the customer or auxiliary persons acting for the customer.

10. Limitation of liability

The company is liable only for intentional or grossly negligent damage and only for direct damages. Any further liability, especially in the case of slight or moderate negligence, or for indirect damages, will be declined.

11. Data protection

11.1 The data necessary for processing the transaction is stored and, if necessary, forwarded to the companies commissioned with delivery for the purpose of performing the contract. Otherwise, stored data is not passed on to third parties except for credit rating purposes and, where necessary, for debt collection. The data is used for customer relations within the company. The current Data Protection Notice is available at www.thomasmuller.ch.

11.2 The company may conduct correspondence relating to orders and other matters by electronic means. Express reference is made during data transfer via e-mail to existing security risks beyond the control of the company, such as virus transmission, damage to or loss of data, and access by third parties. On placing an order the customer grants the company permission to send documents and other data electronically, also in unencrypted e-mails.

13. Applicable law and jurisdiction

Contracts shall be governed exclusively by the law of Switzerland. The Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The exclusive place of jurisdiction is Schaffhausen.

Form: E_V1 / Edition January 2022