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 (hereinafter the “Company”) and its customers (hereinafter the “Customer”). They form an integral part of every contract concluded between the Company and a Customer. Side agreements, assurances or amendments to these GTC must be made in writing.

1.2 The additional information on delivery terms/shipping costs and payment terms listed separately in the online shop, as well as the privacy policy and the legal notices, form 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 which cannot be attributed to their professional or commercial activity. Mandatory statutory provisions for the protection of consumers, in particular of the state in which a Consumer has their habitual residence, 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 store, by letter, by telephone, by e-mail or in the online shop (hereinafter 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 the Company can still implement such a change with reasonable effort given the state of the preparatory work. They are only deemed accepted if the Company confirms them in writing.

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, a handling fee of 20% of the cancelled order value will be charged; the costs of preparatory work already performed will be invoiced to the Customer in addition. Any statutory right of withdrawal of Consumers (section 5) remains unaffected; in the event of a valid withdrawal, no cancellation fees apply.

4. Products Containing Alcohol

4.1 Products containing alcohol (e.g. wine, spirits, sparkling wine and pralines with alcoholic fillings) are only supplied to persons who have reached the legal minimum age for the purchase of alcohol applicable in the respective country of delivery (as a rule 18 years in Switzerland and the EU, higher in some other countries of delivery, e.g. 20 years in Japan). By placing an order, the Customer confirms that they are entitled to make the purchase. Presentation of an official identity document may be requested at any time.

4.2 The Company reserves the right to exclude the delivery of products containing alcohol to individual countries where import or delivery is not permitted, or is only permitted to a limited extent, under local law.

5. Right of Withdrawal / Returns / Exchanges

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

• goods that are 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 specifications or clearly personalised (e.g. individually composed assortments, personalised products, custom-made items).

5.2 Where a right of withdrawal exists in an individual case (e.g. for non-perishable, non-personalised items such as gift articles not containing food), the information in our withdrawal notice on the page Right of Withdrawal applies; the model withdrawal form can also be found there.

5.3 In all other respects, the return or exchange of delivered products is excluded, as they are foodstuffs. Statutory warranty rights in respect of defects (section 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 Domestic deliveries (Switzerland, Principality of Liechtenstein) and international deliveries are carried out by carriers and delivery services designated by the Company.

6.3 For international deliveries, customs duties, import taxes and fees of the destination country may apply in addition; this also applies to deliveries to the EU, as Switzerland is not part of the EU customs union. Unless expressly stated otherwise during the ordering process, these charges are borne by the Customer or recipient and are owed by them directly to the competent authorities or the carrier.

6.4 For delivery to warmer climate zones, climate-protection packaging is used automatically and invoiced to the Customer; the corresponding costs are shown during the ordering process.

6.5 Delivery times are indicative only. The Company is not liable for delivery delays for which it is not responsible (e.g. force majeure, traffic disruptions, exceptional weather conditions, unforeseeable retention 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 significant delivery delay remain reserved.

6.6 The Customer is responsible for ensuring that deliveries can be received at the usual or agreed times and for providing a correct delivery address. The Company is not liable for non-delivery or delayed delivery resulting from incorrect address details or the absence of the recipient. For food-safety reasons, products returned to the Company after an unsuccessful delivery attempt cannot be re-delivered; in this case, a new order, subject to charge, is required.

7. Prices

The prices valid at the time the Purchase Contract is concluded apply. All prices are in Swiss francs (CHF) and include Swiss value added tax, unless stated otherwise. Customs duties, import taxes and fees arising on international deliveries are not included in the price (section 6.3). The Company reserves the right to change prices for future orders.

8. Payment Terms

8.1 Purchase on invoice is reserved for registered customers and companies domiciled in Switzerland or the Principality of Liechtenstein. A minimum order value of CHF 500.– applies to orders on invoice; the invoice is issued after delivery and is due for payment within 15 days of the invoice date. Invoices cannot be paid by credit card.

8.2 Orders below CHF 500.– must be paid in cash or by credit card.

8.3 Orders from abroad are subject to advance payment by credit card or bank transfer. The ordered goods will only be dispatched after receipt of payment.

8.4 In the event of default in payment, the Company reserves the right to withhold further deliveries and to charge a reasonable reminder fee and default interest. The Company may engage a debt collection agency to collect outstanding amounts.

9. Inspection of Goods / Warranty Rights

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

9.2 For business customers, the following applies: if no complaint is made within 24 hours of delivery, the delivery is deemed approved.

9.3 For Consumers, the mandatory statutory warranty rights of their state of residence remain unaffected. However, reporting defects as promptly as possible facilitates their examination and remedy, particularly in the case of perishable products.

10. Liability

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

10.2 In all other respects, the Company’s liability is excluded to the extent permitted by law; this applies in particular to slight negligence as well as to indirect and consequential damage.

10.3 The Company is not liable for damage resulting from improper storage or handling of the goods after their acceptance by the Customer or the Customer’s auxiliary persons.

11. Data Protection and Electronic Communication

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

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 are beyond the Company’s control (e.g. transmission of viruses, damage to 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, to the exclusion of 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, remain reserved.