General terms and conditions
These general terms and conditions apply to all orders placed in the online shop of Läderach Chocolaterien AG, Postfach 124, Bleiche 14, CH-8755 Ennenda, tel: +41 44 210 11 66, e-mail: Online-Shop(at)laederach.ch, company identification number: CHE-109.867.796 (hereinafter referred to as «Läderach online shop»).
2. Offer and conclusion of contract
2.1 The presentation of products in the online shop does not constitute a binding offer but an invitation to place an order.
2.2 By clicking on the [Order] button, the customer places a binding order for the products listed on the order page. The customer cannot change the order once it has been placed.
2.3 As soon as the order is received, Läderach online shop confirms receipt of the order by e-mail. The purchase contract is concluded only when Läderach online shop confirms dispatch of the goods by e-mail (the order or dispatch confirmation) or at the latest upon delivery of the goods.
3. Products containing alcohol
In Switzerland and Europe it is illegal to sell products containing alcohol (wine, spirits, sparkling wine etc.) to persons under 18 years of age. By placing an order in the Läderach online shop the customer acknowledges this and confirms that he/she is legally entitled to make the purchase.
4.1 The prices quoted on the product page include VAT as prescribed by the law and other price components and are quoted in Swiss francs (CHF) and euros (EUR).
4.2 The prices for the products offered shown on the date on which the customer places the order shall apply. The prices are binding until an order confirmation is issued by Läderach online shop or for the period specified in the order confirmation.
4.3 Prices are subject to change due to taxes, duties, fees and delivery costs.
5. Delivery costs
Delivery costs of the ordered articles is charged to the customer. Delivery costs consist of postage and packaging costs. They are available anytime via the site/link delivery costs and itemised by postage and packaging costs. Delivery costs are shown prior to completion of the order for deliveries within Switzerland and to other countries.
6. Terms of delivery
6.1 Deliveries are made worldwide according to three shipping/delivery zones: Switzerland, Europe and other countries.
6.2 Läderach online shop shall not be held liable for delays caused by events beyond its control, e.g. force majeure, traffic congestion, severe weather conditions or the unusual, unexpected holding of the goods by customs authorities, and such events shall not entitle the customer to withdraw from the purchase contract or claim compensation.
6.3 If not all the products ordered are in stock, Läderach online shop is entitled to make part-deliveries.
6.4 If the goods cannot be delivered through the fault of the customer, Läderach online shop shall be entitled to withdraw from the contract after three attempts at delivery. No refunds for unsuccessful deliveries (non-collection, incorrect shipping address...).
7. Terms of payment
7.1 Payment may be made by credit card or PayPal.
7.2 If payment is made by credit card, the customer's account will be charged immediately.
7.3 The customer may not offset against payments counterclaims which are not recognised or legally established.
7.4 The customer may exercise the right to withhold payment only if the claims are based on the same contractual relationship.
7.5. If you are a company and wish to place an order and pay by invoice, please contact us at Online-Shop(at)laederach.ch.
8. Delivery to Switzerland, Europe and other countries
8.1 Shipping within Switzerland A Post Priority (registered). Delivery within Switzerland is around 1-2 days.
8.2 Shipping within Europe A Post Priority (registered) in partnership with courier services (TNT, Federal Express (FedEx), DHL). Delivery within Europe is around 2-5 days.
8.3 Shipping to other countries A Post Priority (registered). Delivery to other countries is around 3-10 days.
8.4. Shipping for orders placed on Saturdays, Sundays and public holidays If an order is received on a Saturday, Sunday or public holiday, it will be dispatched on the next working day but one (Monday to Friday). We recommend placing your order as early as possible (if possible 4-5 working days before the desired delivery date). Longer delivery times should be expected for orders placed before public holidays.
8.5 Delivery costs / customs surcharge Delivery costs comprise postage and packaging costs. They are calculated individually based on destination (delivery/shipping zone) and weight, can be viewed under shipping instructions and are shown before the order is completed. Goods values below CHF 700 (EUR 570) and/or items sent by post up to 2kg are exempt from duty. These shipments have the “green” duty-free label affixed for shipments abroad. However, the customs authorities of the countries of delivery concerned are entitled to check the shipments and levy duty and VAT (local rates) where applicable. Läderach therefore encloses an invoice with every shipment. Customs fees charged to the customer are incurred for goods values of more than CHF 700 (EUR 570) and/or items sent by post weighing over 2kg. We are obligated to prepare a corresponding customs declaration. Please contact your customs directorate or import authority for more information on the applicable regulations and duties on goods.
9. Retention of title
Goods shall remain the property of Läderach online shop until full payment has been made. Prior to the transfer of title the goods may not be pledged, transferred by way of security, processed or altered without the permission of Läderach online shop.
10. Right of revocation
10.1. Consumers have the right to revoke the contract within 14 days of receipt of the goods. Compliance with this deadline is dependent on the time when the revocation is sent. It is not necessary to state a reason for the revocation. Notice of revocation should be addressed to: Läderach Chocolaterien AG, Postfach 124, Bleiche 14, CH-8755 Ennenda, e-mail: Online-Shop(at)laederach.ch.
10.2 The exercising of the right of revocation shall cause the purchase contract to become a reverse transaction relationship, and goods supplied as part of the purchase contract must therefore be returned and payment reimbursed. The consumer must return the goods in their original packaging to Läderach online shop within 14 days of the notice of revocation. The costs of returning the goods shall be borne by the consumer.
10.3 Once the goods are received, the purchase price paid by the consumer will be reimbursed immediately. We reserve the right to make deductions from the reimbursed amount for any damage or excessive wear to the goods. No deduction shall be made if the loss of value is due to handling to the extent necessary to determine the type, nature and functional efficiency of the goods. Läderach online shop is entitled to refuse to make repayment until the goods have been received or the consumer has proved that the goods were sent back, whichever happens first.
10.4 The right of revocation does not apply in the case of the following products:
- Goods produced to customer specifications
- Goods produced in accordance with personal requirements
- Goods that can perish quickly
- Goods whose expiry date has passed
10.5 Private end customers (consumers) resident in the European Union have the following right of return instead of the right of revocation: Goods that are not quickly perishable and not produced to customer specifications or produced in accordance with the customer's personal requirements may be returned within 14 days of receipt of the goods or receipt of the necessary instruction and fulfilment of obligations to inform and other obligations relating to distance selling and e-commerce, without a reason being specified, as long as the nature of the goods makes them suitable for return and the expiry date of the goods has not passed. The deadline shall be deemed met provided that the goods are promptly dispatched. Individual components of a set may be returned only if these components are offered for sale individually by Läderach online shop. The costs of returning the goods shall be borne by the consumer.
10.6 In the event of defects, goods should be returned to Confiserie Läderach AG, Postfach 124, Bleiche 14, CH-8755 Ennenda, Switzerland. The costs and risk of return shall be borne by Läderach online shop. Obligations to reimburse payments shall be fulfilled within 30 days of receipt of the returned goods. Läderach online shop is entitled to make deductions from the purchase price to compensate for loss of value. If individual components of a set are returned, the price reduction offered by Läderach online shop on all components in a set through the price of the set shall not apply. The customer shall therefore be reimbursed, for the returned components, only the difference between the set price and the purchase price of the individual parts that he/she is retaining. Returns are easier to process if goods are returned in the original packaging along with the invoice or delivery note in packaging suitable for safe delivery.
11.1 Läderach online shop makes good its guarantee by remedying defects. At the discretion of Läderach online shop, either the defect will be rectified (supplementary performance) or a defect-free replacement will be supplied (replacement).
11.2 If the supplementary performance is unsuccessful, the customer is entitled to withdraw from the contract. This does not apply to negligible defects. The customer is not entitled to demand a reduction in price.
11.3 The recipient undertakes to inspect the goods immediately upon receipt to ensure they are complete and in acceptable condition. Any complaints relating to the quality and completeness of a delivery must be reported to Läderach online shop immediately and within 24 hours of receipt. Otherwise the delivery shall be deemed accepted.
11.4 Läderach online shop shall not be held liable for damage during transit or damage caused by improper storage after the goods were handed over the customer or the customer's auxiliaries.
Läderach online shop accepts no liability for negligent breach of contract. The same applies to breaches of contract on the part of auxiliaries and substitutes.
13. Applicable law
13.1 Contracts are subject solely to Swiss law and the Vienna Convention (CISG) shall not apply.
13.2 The sole place of jurisdiction, without prejudice to legal remedy in the Federal Supreme Court of Switzerland, is [Zurich 1].
14. Final provisions
Should any provision of these general terms and conditions be ineffective, the rest of the contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.