General Terms and Conditions
§1 General
SchoggiMAIL, owner Dr. Markus Hess, HessSolutions, 4334 Sisseln (hereinafter referred to as SchoggiMAIL) distributes its own products made of Swiss chocolate via the online store at the URL https://www.schoggimail.com as well as via 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 Privacy Policy. By placing an order or visiting the website, the customer accepts the validity of these GTC including the privacy policy.
SchoggiMAIL delivers products ordered in the online store or by e-mail, telephone or in person exclusively based on these GTC. The GTC form an integral part of any contract concluded with a customer (the Ordering Party) in the Online Shop, by e-mail or by telephone. Before each purchase, the customer expressly confirms acceptance of the GTC including the privacy policy. Special agreements with a customer in individual cases do not invalidate the other provisions of these GTC.
SchoggiMAIL reserves the right to modify these GTC and/or the Privacy Policy at any time. The GTC (including the privacy policy) published on the website at the time of use are valid.
An orderer 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 provisions. By expressly accepting the GTC when ordering a product in the online store or other ways, the customer confirms that he is entitled to purchase the goods.
§2 Conclusion of contract
By sending the order, the customer makes an offer. The contract is concluded 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
Payment for the order can be made via Paypal or by credit card (Paypal, credit card). For customers in the b2b sector, ordering on account is also possible. The invoice will be processed via SchoggiMAIL (schoggimail.com). Receipt of payment will be confirmed to the customer by e-mail.
§4 Delivery/Delivery date
The production of the chocolate products takes place immediately after placing the order with SchoggiMAIL. The status of the order can be checked at any time via the tracking function on the website. Our chocolate products are shipped as quickly as possible, but usually no later than two to three working days1 after receipt of payment, by handing over the goods to the shipping service provider. SchoggiMAIL guarantees the perfect and proper packaging for regular shipping. If the temperature is high, 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. high temperatures, to set the delivery date so that the transport time of the goods is as short as possible. However, this may cause the shipping date to be delayed. A delay may also occur in connection with local holidays.
The transfer of the goods to the shipping service provider will be notified to the customer by e-mail, if it is a parcel shipment. Then the customer will be given the exact shipping details (shipping number and any other information). The shipping time depends on the conditions of the shipping service provider commissioned by SchoggiMAIL. SchoggiMAIL assumes no liability for compliance with the shipping time specified by the shipping service provider . Any queries about the progress of the shipment should be addressed directly to the carrier using the data sent 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 shall pass to the customer when the goods are handed over to the shipping service provider. The goods sent by parcel post are insured against loss, theft and damage during shipment up to the value of goods of CHF 500.00.
SchoggiMAIL does not take out any further insurance for the transport of the goods without any explicit agreement with the customer. If the customer wishes additional insurance of the goods, he must agree this separately with the shipping service provider.
Insurances, which may result from the choice of a payment method (PayPal), remain reserved. However, SchoggiMAIL does not verify compliance with any insurance requirements.
§6 Images and texts
The customer has the possibility to have the chocolate packaging made according to his own ideas and to design it using his own pictures and texts. By accepting the GTC, the customer undertakes to use only images and texts that are unobjectionable from a legal and moral point of view. SchoggiMAIL reserves the right to destroy chocolate packaging showing images or texts that violate law, custom or decency. SchoggiMAIL freely decides which images or texts do not meet these criteria. The purchaser of these goods has neither a right to replacement nor to return of the purchase price for the destroyed goods.
§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 shipment. SchoggiMAIL warrants that the chocolate products delivered are free from defects and meet generally accepted quality standards at the time of shipment. The customer shall inspect the goods for defects immediately upon receipt. Obvious defects must be reported to SchoggiMAIL immediately, but at the latest within three days after receipt of the goods. Hidden defects must be reported immediately after discovery, at the latest within four weeks after receipt of the goods. The affected goods must be returned to SchoggiMAIL. Insignificant changes in condition or color are not considered defects covered by the warranty claims.
The limitation period for material defects is six months. The Purchaser’s claims for remedy of defects shall be limited to repair or replacement. SchoggiMAIL reserves the right to choose between repair and replacement. There will be no refund of the 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 shall also be responsible for timely inspection.
The Purchaser’s claims based on liability for material defects shall be subject to the condition that the Purchaser has duly and timely complied with its obligations to inspect the goods and to give notice of defects in accordance with these GTC.
Warranty claims are excluded if the customer handles the delivered goods improperly. Improper handling shall be 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 the quality, chocolate products should not be stored at a temperature below 10°C, thus not in the refrigerator (loss of taste) and not at a room temperature above 25°C. Rapid and strong temperature fluctuations within the tolerance range must also be avoided.
SchoggiMAIL also points out that individual intolerances of individual ingredients may occur when consuming chocolate products (allergies, individual health restrictions, etc.). SchoggiMAIL declines any responsibility for any damage that could result from the consumption of the delivered goods. Furthermore, SchoggiMAIL also declines any liability for the consequences of overconsumption of delivered products.
Further claims of the customer, in particular claims for damages, are also excluded.
§ 8 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any further reasons.
The withdrawal period begins on the day on which you personally, or a person commissioned by them, with the exception of the carrier of the goods, has received or has received the goods.
If you would like to exercise your right of withdrawal, please inform us of this decision by contacting:
SchoggiMAIL
Hinterdorfstrasse 17
4334 Sisseln
Switzerland
info@schoggimail.com
www.schoggimail.com
send you a declaration by post or e-mail. The form for revocations provided below can be used, but its use is not absolutely necessary.
The date of dispatch of your revocation declaration is decisive for compliance with the withdrawal period.
Consequences of revocation
In the event of revocation, we will refund you within a maximum of 14 days after receipt of the revocation of all payments made by you, including delivery costs (except for you chosen special delivery costs, which exceed the normal delivery costs offered by us). The refund will be the same payment method you chose when ordering. Changes to the payment method are possible by arrangement. The refund of the payments will not generate any additional costs for you.
The shipped goods will be picked up by us or we will take over the return of the goods. In the event of a loss in value of the goods, you are only responsible for this if it indicates a use of the goods, which gives the test of the properties more infos,the nature or function of the goods.
Special notes
The right of withdrawal does not exist in the following contracts.
These are contracts for the supply of goods:
- which are not prefabricated and
- for their production, an individual selection or determination
- is decisive by the consumer, or
- clearly tailored to the personal needs of the consumer. These include, for example:
- chocolate packaging made according to the customer’s wishes,
- in the case of the delivery of goods that can quickly spoil or whose expiry date has been quickly exceeded,
- in the case of the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
§9 Data protection
The separately published Privacy Policy forms an integral part of these GTC. By visiting the website or ordering goods, the user and the customer 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 warranties or representations as to the availability and operation of the Website or any portion 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 code, no warranty can be made as to the integrity of the systems.
The contents of other websites to which the SchoggiMAIL website has established links, or which have established a link to the SchoggiMAIL website, are not subject to the influence and control of SchoggiMAIL. SchoggiMAIL assumes no liability for the content or the services offered. In particular, SchoggiMAIL is not responsible for the fulfillment of benefit programs offered by third parties.
SchoggiMAIL offers interactive services on its website, such as the SchoggiMAIL Blog. By accepting these terms and conditions, the user undertakes to observe the law, morality and decency in his contributions. SchoggiMAIL reserves the right to remove from the website any contributions by users that violate the law, morality and decency.
§11 Intellectual property
Swiss law applies to the entire contents of the website. The Website and its contents are the intellectual property of SchoggiMAIL or third parties from whom SchoggiMAIL holds a license. All information published on the website (texts, images, graphics, music, etc.) as well as their arrangement on the website enjoy copyright protection. By using the SchoggiMAIL website, the user is not granted any rights or licenses with regard to the protected content, in particular with regard to the trademarks, service marks, graphics and logos published therein or to their use.
§12 Place of Jurisdiction – Place of Performance – Choice of Law
The place of jurisdiction is Laufenburg / Switzerland. However, SchoggiMAIL is also entitled to sue the customer at his place of residence.
The contract is governed exclusively by Swiss national law. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
Sisseln, Switzerland, 01.04.2020
