GENERAL TERMS AND CONDITIONS

IMPORTANT NOTE: The German version of this document will govern our relationship – this translated version is provided for convenience only and will not be interpreted to modify the German version. For the German version, please see https://thomasmuller.ch/de/agb/.

1. General

1.1 These General Terms and Conditions (GTC) govern the relationship between Thomas Müller Chocolatier, Rheinstrasse 20, CH-8200 Schaffhausen, Switzerland (the “Company”) and its customers (the “Customer”). They form an integral part of every contract concluded between the Company and a Customer. Collateral agreements, assurances or amendments to these GTC must be made in writing.

1.2 The additional information set out separately in the online shop regarding delivery terms and shipping costs and payment terms, together with the privacy policy and the legal notices, forms an integral part of these GTC.

1.3 A “consumer” within the meaning of these GTC is any natural person who concludes the contract for purposes that cannot be attributed to their professional or commercial activity. Mandatory statutory provisions for the protection of consumers, in particular those of the state in which a consumer is habitually resident, remain unaffected by these GTC.

2. Conclusion of Contract

The contract is concluded as soon as the Company has accepted an order placed by the Customer in a shop, by letter, by telephone, by e-mail or in the online shop (the “Purchase Contract”). The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

3. Order Changes and Cancellations

3.1 Requests for changes after conclusion of the contract will only be accepted if, given the stage of preparatory work, the Company can still implement such a change with proportionate effort. They are deemed accepted only upon written confirmation by the Company.

3.2 Once an online order has been submitted, the Customer can no longer amend it.

3.3 A handling fee of 20 % of the cancelled order value is charged in the event of cancellation; the cost of preparatory work already carried out will be invoiced in addition. Any statutory right of withdrawal available to consumers (Clause 5) remains unaffected; no cancellation fees apply in the event of a valid withdrawal.

4. Products Containing Alcohol

4.1 Products containing alcohol (e.g. wine, spirits, sparkling wine and pralines with an alcohol filling) are supplied only to persons who have reached the statutory minimum age for the purchase of alcohol in the respective country of delivery (as a rule 18 years in Switzerland, and in some countries higher, for example 19 years in South Korea and 20 years in Japan). By placing an order, the Customer confirms that they are entitled to make the purchase. Official proof of identity may be requested at any time.

4.2 The import of products containing alcohol into the United Arab Emirates is not permitted; such products are excluded from shipment to that destination. The Company reserves the right to exclude the delivery of products containing alcohol to further countries where import or delivery is not permitted, or is permitted only subject to restrictions, under the law of that country.

5. Right of Withdrawal / Returns / Exchanges

5.1 Consumers habitually resident in the EU or the EEA or in the United Kingdom are, in principle, entitled to a statutory right of withdrawal of 14 days in the case of distance contracts. However, by operation of law this right of withdrawal does not apply to contracts for:

• goods liable to deteriorate or expire rapidly (this includes our fresh chocolate and confectionery products);
• sealed goods which are not suitable for return for reasons of health protection or hygiene, where the seal has been removed after delivery;
• goods made to the Customer’s specification or clearly tailored to the Customer’s personal requirements (e.g. individually composed selections, personalised products, bespoke items).

5.2 Where a right of withdrawal does apply in an individual case (e.g. to non-perishable, non-personalised items such as gift articles that are not foodstuffs), the information in our Return Policy applies, where you will also find the model withdrawal form.

5.3 Apart from this, the return or exchange of delivered products is excluded, as these are foodstuffs. Statutory rights in respect of defects (Clause 9) remain unaffected.

6. Delivery Terms

6.1 Deliveries are made at the Customer’s expense. Shipping costs are shown during the ordering process and listed separately on the invoice.

6.2 Deliveries within Switzerland and the Principality of Liechtenstein as well as abroad are carried out by carriers and delivery services designated by the Company. Where the Customer exceptionally appoints a carrier themselves, Clause 6.8 applies.

6.3 International deliveries are shipped on a delivered duty paid basis. All customs duties, import taxes and charges of the country of destination are included in the total price shown during the ordering process and are borne by the Company; the carrier will not invoice the recipient for any further charges.

For customs purposes the recipient is the importer of the shipment. The carrier may ask the recipient for a customs authorisation, and the recipient must provide the information required for import, such as the Personal Customs Clearance Code for deliveries to South Korea. Where the recipient fails to meet these obligations to cooperate, Clause 6.6 applies.

6.4 Chocolate is sensitive to heat. Temperature-related changes in appearance, such as a pale bloom or slight deformation resulting from longer transit routes or high ambient temperatures, do not constitute a defect; taste and shelf life are not affected.

6.5 Delivery times are indicative. The Company accepts no liability for delivery delays for which it is not responsible (e.g. force majeure, traffic disruption, exceptional weather conditions, unforeseeable detention by customs authorities); such delays entitle the Customer neither to withdraw from the Purchase Contract nor to claim damages. Mandatory statutory rights of consumers in the event of a substantial delay in delivery are reserved.

6.6 The Customer is responsible for ensuring that deliveries can be accepted at the usual or agreed times and for providing the correct delivery address. The Company accepts no liability where delivery is impossible or delayed as a result of incorrect address details, failure to cooperate in customs clearance, or absence of the recipient. Products returned to the Company after an unsuccessful delivery attempt cannot be delivered again for food safety reasons; in such cases a new, chargeable order is required. Customs duties and import charges already paid are not refunded.

6.7 Minimum order values and import restrictions on certain products apply to individual countries of destination. Details are set out in the delivery terms, which form an integral part of these GTC (Clause 1.2).

6.8 Where the Customer appoints a carrier themselves or collects the goods from the boutique, risk passes to the Customer upon handover to the Customer or to the carrier appointed by them. In such cases the Customer alone is responsible for importation into the country of destination; Clause 6.3 does not apply.

7. Prices

The prices valid at the time the Purchase Contract is concluded apply. All prices are stated in Swiss francs (CHF) including Swiss value added tax, unless indicated otherwise. For international deliveries, customs duties, import taxes and charges of the country of destination are included in the total price shown (Clause 6.3). The Company reserves the right to change prices for future orders.

8. Payment Terms

8.1 Purchase on account is available only to registered customers and companies domiciled in Switzerland or the Principality of Liechtenstein. Orders on account are subject to a minimum order value of CHF 500.–; the invoice is issued after delivery and is payable within 15 days of the invoice date. Invoices cannot be settled by credit card.

8.2 Orders below CHF 500.– are payable in cash or by credit card.

8.3 Orders from abroad require payment in advance by credit card or bank transfer. Goods are dispatched only once payment has been received.

8.4 In the event of late payment, the Company reserves the right to withhold further deliveries and to charge a reasonable reminder fee and default interest. The Company may instruct a debt collection agency to recover the amounts owed.

9. Inspection of Goods / Rights in Respect of Defects

9.1 The recipient is required to inspect the goods for completeness and condition immediately upon receipt. As these are perishable foodstuffs, complaints regarding quality, completeness and obvious defects (e.g. damage) must be notified to the Company in writing (by e-mail or post) as soon as possible.

9.2 For business customers: if notice of defect is not given within 24 hours of delivery, the delivery is deemed approved.

9.3 For consumers, the mandatory statutory rights in respect of defects (warranty) of their state of residence remain unaffected. Prompt notification does, however, facilitate examination and remedy of the defect, particularly in the case of perishable products.

10. Liability

10.1 The Company is liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence, and in all cases of mandatory statutory liability (including product liability).

10.2 Otherwise the Company’s liability is excluded to the extent permitted by law; this applies in particular to slight negligence and to indirect and consequential damage.

10.3 The Company is not liable for damage resulting from improper storage or handling of the goods after they have been taken over by the Customer or their agents.

11. Data Protection and Electronic Communication

11.1 The Company processes the Customer’s personal data for the purpose of performing the contract and passes it on, where necessary, to companies engaged in performing the contract (e.g. payment and shipping service providers, customs authorities in the country of destination) and, where applicable, for credit checks and debt collection. Details are set out in the privacy policy, available at https://thomasmuller.ch/en/privacy-policy/.

11.2 Order-related and other correspondence from the Company may be conducted electronically. Express reference is made to the security risks inherent in data transmission by e-mail, which lie outside the Company’s control (e.g. transmission of viruses, corruption or loss of data, access by third parties). By placing an order, the Customer permits the Company to send documents and other data electronically, including by unencrypted e-mail.

12. Applicable Law and Place of Jurisdiction

12.1 The contracts are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident abroad, the mandatory consumer protection provisions of their state of residence remain unaffected by this choice of law.

12.2 The place of jurisdiction is Schaffhausen, Switzerland. Mandatory statutory places of jurisdiction, in particular for consumers, are reserved.

Version: September 2026