1.1. For the business relationship between a Berner Bär AG company, – www.houseofswissbeers.ch, Gesellschaftstrasse 85, 3012 Bern (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order .
1.2. You can reach our customer service for questions, complaints and complaints on weekdays by email at firstname.lastname@example.org.
1.3. A consumer within the meaning of these terms and conditions is any natural or legal person who concludes a legal transaction for a purpose.
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
- Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
- Order process and conclusion of contract
3.1. The customer can select non-binding products from the seller’s range and collect them in a so-called shopping cart using the [add to shopping cart] button.
3.2 The customer can then use the [Continue to checkout] button in the shopping cart to complete the ordering process.
3.3. By clicking the [Buy] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The sales contract is only concluded when the seller sends the ordered product to the customer, hands it over or dispatches it within 2 days has confirmed the customer within 2 days with a second e-mail, an explicit order confirmation or sending the invoice.
3.5. If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If, despite the due date, the seller has not received the payment within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article for prepayment is therefore made for a maximum of 10 calendar days.
4.1. The prices in the shop are shown in CHF including VAT. The price does not include the costs for packaging and shipping. They are mentioned with the product and vary depending on the size and packaging of the product.
- Delivery, availability of goods
5.1. If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller will also notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than four weeks, the customer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments already made by the customer. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
- Payment methods
6.1. The customer can choose from the available payment methods before completing the order process.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3. Are third-party providers commissioned to process payments, e.g. PayPal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer has to pay default interest in the amount of 5 percentage points above the base rate.
6.5. The customer’s obligation to pay default interest does not preclude the seller from asserting further damage caused by default.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
- Customs duties
7.1 When goods are imported into countries outside Switzerland, import duties may be incurred, which the customer must bear. These vary in different customs areas. The customer is responsible for the proper payment of the necessary duties and fees. Import duties are not shipping costs.
- Retention of title
8.1 The delivered goods remain the property of the seller until they have been paid for in full.
- Material defect warranty and guarantee
9.1. The guarantee is determined according to legal regulations.
9.2. The goods delivered by the seller are only guaranteed if this has been expressly given.
10.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, irrespective of the other statutory entitlement requirements.
10.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11.1 A return is only possible if the goods show no signs of use. Goods that have not been made to measure can generally be exchanged. The exchange of custom-made items is not possible, but you have the right to have any defects rectified.
11.2 A return of the goods within 10 days without giving reasons is accepted. The item must be unused and in perfect condition. The purchase amount will be reimbursed minus the expenses incurred for shipping. Returned products must not show any traces of use.
12.1 The customer undertakes to check the goods upon receipt and to report defects in writing within 5 days.
12.2 Complaints must be made within 14 days of receipt of the shipment. In the case of justified complaints, the customer is entitled to one of the statutory warranty claims as follows (return, reduction in price, replacement delivery).
12.3 The postage for a possible return, for the purpose of exchanging or remedying the defects, is borne by the customer.
12.4 Exchange / return is only possible in the event of defects, incorrect delivery or defective goods.
- Data protection
13.1. The seller processes personal data of the customer for a specific purpose and in accordance with the statutory provisions.
13.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment processes.
13.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, as long as there is no legal obligation to retain it.
13.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration.
- Place of jurisdiction, applicable law, contract language
14.1. The place of jurisdiction and fulfillment is the registered office of the seller.
14.2. The provisions of Swiss law apply, even if orders are made from abroad or deliveries are made abroad.
14.3. The contract language is German.
14.4. House Of Swiss Beers is also entitled to sue at the customer’s general place of jurisdiction.
14.5. The ineffectiveness of individual provisions does not affect the remaining effectiveness of the contract and these terms and conditions.