General terms and conditions

§1 General

SchoggiMAIL, owner Dr. Markus Hess, HessSolutions, 4334 Sisseln (hereafter SchoggiMAIL) sells its own products made from Swiss chocolate through the online shop at the URL https://www.schoggimail.com as well as through other distribution channels. These General Terms and Conditions (the GTC) govern the relationship between SchoggiMAIL and the user of the website and all other customers. An integral part of these General Terms and Conditions is the data protection declaration published separately on the website. By placing an order or visiting the website, the customer accepts the validity of these general terms and conditions, including the privacy policy.

SchoggiMAIL delivers products ordered in the online shop or by e-mail, telephone or in person exclusively based on these GTC. The GTC form part of every contract concluded with a customer (the ordering party) in the online shop, by e-mail or telephone. Before each purchase, the customer expressly confirms the acceptance of the terms and conditions, including privacy policy. Special agreements with a customer in individual cases do not make the other provisions of these GTCs obsolete.

SchoggiMAIL reserves the right to change these GTC and/or the data protection declaration at any time. The general terms and conditions (including the data protection declaration) published on the website at the time of use are valid.

A customer who is not yet of age or is not legally competent for other reasons can only enter into contracts to a limited extent in accordance with legal regulations. By explicitly accepting the GTC when ordering a product in the online shop or other ways, the purchaser confirms that he/she is entitled to purchase the goods.

§2 Conclusion of contract

By sending the order the customer makes an offer. The contract comes into effect with the delivery of the order confirmation or order confirmation by SchoggiMAIL, which is sent to the customer by e-mail.

§3 Terms of payment

The payment of the order can be made via Paypal or by credit card (Paypal, credit card). For customers in the b2b-area an order on account is also possible. The invoice is processed via SchoggiMAIL (schoggimail.com). The receipt of payment will be confirmed to the customer by e-mail.

§4 Delivery/Delivery date

The chocolate products are produced immediately after the order is placed with SchoggiMAIL. The status of the order can be checked at any time using the tracking function on the website. Our chocolate products are shipped as soon as possible, but usually no later than two to three working days1 after receipt of payment, by handing over the goods to the shipping company.  SchoggiMAIL guarantees the perfect and proper packaging for regular shipping. In case of high temperatures, the chocolate is shipped with cooling pads or a few days later. Any additional costs incurred will be charged to the customer.

SchoggiMAIL reserves the right, under special conditions, e.g. at high temperatures, to set the delivery date so that the transport time of the goods is as short as possible. However, this may lead to a delay in the delivery date. A delay may also occur in connection with local public holidays.

The customer will be notified of the handover of the goods to the shipping service provider by e-mail if the goods are to be sent as a parcel. Then the exact shipping data (shipping number and any further information) will be communicated to the customer. The delivery time is based on the conditions of the delivery service provider commissioned by SchoggiMAIL. SchoggiMAIL accepts no liability for compliance with the delivery time stated by the delivery service provider. Queries about the progress of the shipment should be addressed directly to the shipping agent using the data transmitted by e-mail.

1 For deliveries in larger quantities or in the b2b area, other agreements apply.

§5 Transfer of risk and insurance

The risk is transferred to the customer when the goods are handed over to the shipping service provider. Goods sent by parcel post are insured against loss, theft and damage up to a value of CHF 500.00.

SchoggiMAIL will not take out any further insurance for the transport of the goods without any express agreement with the customer. If the customer wishes to have additional insurance for the goods, he must agree this separately with the shipping company.

We reserve the right to take out insurance, which may result from the choice of a payment method (PayPal). However, SchoggiMAIL will not check compliance with any insurance requirements.

§6 Pictures and texts

The customer has the option of having the chocolate packaging manufactured according to his own ideas and to have it produced under his own supervision.

§7 Warranty and liability
§7.1 Chocolate products

The chocolate products are checked before leaving SchoggiMAIL and only goods of perfect quality are released for dispatch. SchoggiMAIL guarantees that the chocolate products delivered are free of defects at the time of dispatch and meet the generally accepted quality standards. The customer must inspect the goods for defects immediately after receipt. Obvious defects must be reported to SchoggiMAIL immediately, but at the latest within three days of receipt of the goods. Hidden defects are to be reported immediately after discovery, but at the latest within four weeks of receipt of the goods. The goods in question must be returned to SchoggiMAIL. Insignificant changes in the quality or colour are not considered defects which are covered by the warranty claims.

The limitation period for material defects is six months. The claims of the buyer to remedy defects are limited to rectification or replacement. SchoggiMAIL reserves the right to choose between repair or replacement. There will be no refund of payment.

§7.2 Common conditions

In the event that the goods are delivered directly to a third party on the instructions of the purchaser, the purchaser is also responsible for timely inspection.

The Purchaser’s claims arising from the liability for material defects presuppose that the Purchaser has fulfilled his obligations to inspect the goods and give notice of defects in accordance with these General Terms and Conditions in a proper and timely manner.

Warranty claims shall be excluded if the customer treats the delivered goods improperly. Improper handling is deemed to have occurred in particular if the goods have been altered, processed or the packaging has been damaged or if the goods have been stored improperly. In order to maintain quality, chocolate products should not be stored at a temperature below 10°C, i.e. not in the refrigerator (loss of taste) and not at a room temperature of more than 25°C. Rapid and strong temperature fluctuations within the tolerance range should also be avoided.

SchoggiMAIL also points out that when consuming chocolate products individual incompatibilities of individual ingredients can occur (allergies, individual health restrictions, etc.). SchoggiMAIL declines any liability for damage which could arise from the consumption of the delivered goods. Furthermore, SchoggiMAIL also declines any liability for the consequences of over-consumption of products supplied.

Further claims of the customer, in particular claims for damages, are also excluded.

§ 8 Right of revocation

You have the right to revoke the present contract within fourteen days without giving any further reasons.

The cancellation period begins on the day on which you personally, or a person appointed by you – with the exception of the carrier of the goods – have accepted the goods.

If you wish to exercise your right of withdrawal, please inform us of this decision by writing to
SchoggiMAIL
Hinterdorfstrasse 17
4334 Sissels
Switzerland
info@schoggimail.com
www.schoggimail.com
send a corresponding declaration signed by you by post or e-mail. The revocation form provided below can be used for this purpose, but its use is not mandatory.

The date of dispatch of your revocation notice is decisive for compliance with the revocation period.

Consequences of revocation

In the event of cancellation, we will refund all payments made by you within a maximum of 14 days of receipt of the cancellation, including delivery costs (except for special delivery costs chosen by you, which exceed the normal delivery costs offered by us). The refund will be made by the same method of payment that you chose when placing your order. Changes to the payment method are possible by arrangement. The refund of payments will not generate any additional costs for you.

The shipped goods will be picked up by us or we will take care of the return shipment of the same. In the event of a loss of value of the goods, you are only responsible for this if this is due to a use of the goods which exceeds the examination of the properties, condition or function of the goods.

Special instructions

The right of revocation does not apply to the contracts listed below.

This refers to contracts for the delivery of goods:

• which are not prefabricated and
• an individual selection or determination for their manufacture
• by the consumer is decisive, or
  which are clearly tailored to the personal needs of the consumer. This
• includes, for example
  • chocolate packaging made to order,
  • in the case of delivery of goods that can spoil quickly or whose expiration date has been exceeded quickly
  • in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery

§9 Data protection

The separately published privacy policyPrivacy policy forms an integral part of these GTC. By visiting the website or ordering goods, users and buyers accept the validity of the GTC and the privacy policy and agree to the processing of data and information mentioned therein.

§10 Use of the website

SchoggiMAIL makes no guarantee or warranty for the availability and functioning of the website or parts thereof. SchoggiMAIL is entitled to make changes to the website and/or its content, to interrupt its operation temporarily or to restrict its availability. Although SchoggiMAIL makes reasonable efforts to keep its systems free of computer viruses and other malicious codes, no guarantee can be given for the integrity of the systems.

The contents of other websites to which the SchoggiMAIL website has links or which have a link to the SchoggiMAIL website are not subject to the influence and control of SchoggiMAIL. SchoggiMAIL accepts no liability whatsoever for the content or the services offered. In particular, SchoggiMAIL is not responsible for the fulfilment of benefit programmes offered by third parties.

SchoggiMAIL offers interactive services on its website, such as the SchoggiMAIL Blog. By accepting these general terms and conditions, the user undertakes to respect law, custom and decency in his contributions. SchoggiMAIL reserves the right to remove from the site any contributions made by users that are contrary to law, morality and decency.

§11 Intellectual property

Swiss law applies to the entire content of the website. The website and its contents are the intellectual property of SchoggiMAIL or third parties from whom SchoggiMAIL holds a licence. All information published on the website (texts, images, graphics, music, etc.) and their arrangement on the website are protected by copyright. Use of the SchoggiMAIL website does not grant the user any rights or licences with regard to the protected content, in particular with regard to the trademarks, service marks, graphics and logos published on the website or to their use.

§12 Legal venue – place of fulfilment – choice of law

Place of jurisdiction is Laufenburg / Switzerland. SchoggiMAIL is however also entitled to sue the customer at his place of residence.

The contract is exclusively subject to the national Swiss law. The validity of the UN purchase law is excluded.

Sisseln, 01.04.2020