Wild Meat
- GTC -
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter: "GTC") of Wild Meat (hereinafter: "Seller") govern the relationship between the end consumer (hereinafter: "Customer"), who orders goods or products via the digital platforms of the Seller, and the Seller as operator of the digital platforms. The version of the GTC valid at the time of the order is relevant for the individual case.
2. ORDER PROCESS AND CONCLUSION OF CONTRACT
2.1 The goods and prices published by the Seller via its digital products shall be deemed to be an offer (hereinafter: "Offers"). These are valid until revoked, unless otherwise agreed in writing. In cases of obvious clerical and invoicing errors or impossibility of delivery, the Seller is entitled to withdraw from the contract.
2.2 The contract between the seller and the customer comes into effect with the submission of the order by the customer via the digital platforms of the seller. For this purpose, an online order form is available to the Customer on the digital platforms of the Seller. In doing so, the customer places the goods selected by him in a virtual shopping cart, selects one of the payment options offered and completes the electronic ordering process by clicking the final "Complete Order" button. If the Seller agrees, the Customer may also place the order with the Seller by telephone, e-mail, post or other suitable form (e.g. digital text messages).
2.3 The receipt of the online order will be indicated to the Customer by means of an automatically generated order confirmation to the e-mail address provided by the Customer. Receipt of the automatically generated order confirmation does not constitute a promise that the offer can actually be delivered. It merely indicates to the customer that the submitted order has been received by the seller and that the contract has thus been concluded, subject to the possibility of delivery and correct pricing.
2.4 The order processing and correspondence with the customer usually take place by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. OFFERS, PRICES, TERMS OF ORDER
3.1 Images of offers in advertisements, brochures, digital platforms, etc. of the Seller are for illustration purposes only and are generally non-binding.
3.2 The conditions relevant to the order in the individual case, such as prices, VAT, shipping costs, payment method, delivery date, billing and delivery address, etc. (hereinafter: "Order Conditions") shall be displayed to the Customer by the Seller as part of the ordering process on the digital products and in the order confirmation by e-mail.
3.3 Unless otherwise stated in the Seller's offers and the Order Terms, the prices quoted are total prices which include all taxes (in particular VAT), delivery and shipping costs as well as other fees and costs. Additional delivery and shipping costs, if any, will be indicated separately in the terms and conditions of the order. All prices are quoted in Swiss francs and are payable in this currency.
3.4 For the products, the price is based on the weight. The latter may vary, since the portioning per order is done by hand. The prices of the corresponding offers are therefore given as approximate prices and are specifically marked in the order conditions. Before shipment, the goods are weighed exactly and charged accordingly.
3.5 The Seller reserves the right to change the prices of its offers at any time. The prices at the time of the respective order are decisive for the conclusion of the contract.
4. PAYMENT
4.1 The prices are indicated in the offer and are not binding during the ordering process. The customer can choose between the payment methods offered during the online ordering process. Deliveries within Switzerland shall be made by payment by credit card, TWINT or by invoice. The payment must be made within 30 days at the latest.
4.2 In case of payment by credit card, the credit card will be charged only at the time of shipment of the ordered goods. Before that, only an amount is reserved for the customer on the corresponding credit card account. The reserved amount may be up to 15% higher than the actual order value due to the discrepancy between the approximate price stated in the offer and the actual order value (see section 3.4 above). However, the customer will only be charged for the actual order value.
4.3 If payment is made using TWINT, an average price will be charged and debited at the time of the order, which is also 15% above the actual order value (cf. Section 3.4 above). If the actual order value of the goods at the time of shipment is lower than the amount invoiced and charged, the customer will be refunded the difference, if any.
4.4 Existing and valid discount vouchers cannot be cumulated or redeemed for orders of non-food items as well as value vouchers.
4.5 If the Customer fails to make any or all payments within the specified payment period, all outstanding amounts owed by the Customer to the Seller under any title at that time shall become immediately due for payment. The Seller may also demand adequate securities for further deliveries of goods to the Customer and outstanding claims, refuse outstanding deliveries in whole or in part and/or make outstanding deliveries only against advance payment.
4.6 If securities or payments have not been provided even after expiry of a reasonable grace period, the Seller may withdraw from the contract even if the goods or part thereof have already been delivered. If the Buyer fails to meet the payment terms, the Seller shall be entitled to claim damages. The seller is also entitled to charge late fees in the amount of CHF 5 (2nd reminder) CHF 10 (3rd reminder). In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the collection. In this case, an additional annual percentage rate of up to 15% may be charged on the invoice amount owed from the due date. The company entrusted with the collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
4.7 Ordered goods remain the property of the seller until full payment by the customer. The latter is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership to the customer, the goods may not be pledged, transferred by way of security, processed or transformed without the express consent of the seller.
5. DELIVERY AND DEADLINES
5.1 The customer specifies the desired delivery address during the order process and selects one of the offered delivery and delivery dates.
5.2 The seller delivers ordered goods only to delivery addresses in Switzerland and Liechtenstein. Deliveries abroad are exceptionally possible, but are subject to the express consent of the seller. In the case of desired deliveries abroad, the seller will contact the orderer after receipt of the order to inform him of the delivery and shipping costs, which the orderer will have to bear. The Purchaser also undertakes to pay all additional taxes and customs duties and to accept and pay for the goods.
5.3 It is the responsibility of the Customer to ensure that the delivery address provided is easily accessible.
5.4 Deliveries to delivery addresses in Switzerland are usually made within 3 working days from placing the order. The Seller attaches great importance to providing up-to-date and accurate information on availability and delivery times on its digital platforms. However, especially due to production or delivery bottlenecks, delivery delays may occur. All information on availability and delivery time are therefore without guarantee and may change at any time.
5.5 The Seller shall inform the Purchaser as soon as possible in the event of production and delivery bottlenecks. If the ordered goods cannot be delivered within ten (10) days after the selected delivery date, the Buyer may set the Seller a reasonable deadline for subsequent performance. If the Seller fails to perform by the expiration of this grace period, the Customer may, if it declares so immediately, waive the subsequent performance or withdraw from the contract. In such cases, the Seller shall refund to the Customer any amounts already paid in advance for undelivered goods. There are no further claims against the Seller.
5.6 The deadlines shall be postponed appropriately if obstacles occur which are beyond the Seller's control (significant operational disruptions, delayed or defective deliveries, etc.).
5.7 The Seller shall be entitled to make partial deliveries. Any additional shipping costs incurred for partial deliveries shall be borne by the Seller.
5.8 If the customer does not accept the shipped goods on the agreed or indicated delivery date, the seller may withdraw from the contract. In such cases, the Customer shall bear the costs of the unsuccessful shipment and the Seller may charge the Customer for any loss in value. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the delivery.
5.9 If the Customer chooses the option of self-collection and does not collect the ordered Products on site within five (5) working days from the selected collection date, the Seller may also withdraw from the Contract.
6. PERFORMANCE OF THE CONTRACT
6.1 The Seller's confirmation shall be decisive for the scope and execution of the delivery. Unless a special place of performance has been agreed by the parties or is apparent from the nature of the transaction, delivery shall be deemed to have taken place when the Products are made available at the Seller's distribution center. Unless otherwise expressly agreed, the benefit and risk of the goods shall pass from the Seller to the Buyer upon dispatch of the goods.
7. WARRANTY
7.1 The Buyer shall immediately inspect delivered or collected Products for correctness, completeness and damage. In the case of forwarding deliveries, any delivery damage must be noted on the delivery bill. Delivery damage, incorrect and incomplete deliveries must be reported to the Seller within five (5) calendar days from the date of collection or delivery. If the notification is made after the expiry of this period, the purchased item shall be deemed approved.
7.2 If defects in delivered goods are notified and substantiated by the Purchaser within the time limit, the Seller shall, within a reasonable period of time, at its option either
- pay for the removal of the defect or partial or complete replacement by an equivalent product of the same type.
- grant the Purchaser a credit note at the current price (not exceeding the selling price at the time of the order);
- reduce the purchase price in accordance with the reduced value (reduction) and refund to the Purchaser the difference to the amount already paid.
7.3 As a rule, the Seller shall not take back the delivered goods.
7.4 Excluded from the warranty are defects and malfunctions for which the seller is not responsible, such as natural wear and tear, force majeure, improper handling, interference by the customer or third parties, excessive use or extreme environmental influences.
7.5 If the Customer resells the Products, he shall be responsible for compliance with domestic and foreign export regulations. If the customer modifies the resold products, he shall be liable for any resulting damage to the seller, the buyer or third parties. The provisions of the Product Liability Act shall remain reserved.
7.6 All further and in particular the legal provisions on warranty are excluded.
8. LIABILITY
8.1 Liability shall be governed by the applicable statutory provisions. However, Seller shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages due to delay in delivery and (v) any acts and omissions of Seller's auxiliary persons (e.g. forwarding companies), whether contractual or non-contractual.
8.2 Furthermore, Seller disclaims any liability in the following cases:
- improper, non-contractual or illegal storage, adjustment or use of the Products;
- force majeure, in particular damage caused by the elements, moisture, falling, impact, etc., for which the Seller is not responsible.
9. COPYRIGHT AND OTHER INTANGIBLE PROPERTY RIGHTS
9.1 The software programs with which the digital offers of the Seller are operated are protected by copyright. Customers are not permitted to use them contrary to the following provisions. In particular, it is prohibited to copy, rebuild, modify or otherwise process the software programs.
10. OTHER PROVISIONS
10.1 The parties shall endeavor to settle any disputes arising from the performance of this contract amicably.
10.2 By ordering goods via the Seller's digital platforms, the Customer accepts these GTC as an integral part of any contractual relationship with the Seller and agrees to the following provisions and legal information in connection with the Seller's products and offers, as well as any third-party services and products offered by the Seller in this context.
10.3 Should individual provisions contained in these GTC be declared invalid or unenforceable, this shall not prevent the validity of the remaining provisions. The invalid provision shall be replaced by a new provision which corresponds to the invalid one in its economic and legal effect.
10.4 The Seller reserves the right to change the provisions of these GTC at any time and at its sole discretion. Such changes will be promptly brought to the attention of the Customers on our digital products or in any other appropriate form. It is the Customers' responsibility to regularly inform themselves about the currently applicable provisions of the GTC.
10.5 If and to the extent that the Seller processes personal data about the Customer, the Privacy Policy shall apply.
11. APPLICABLE LAW AND PLACE OF JURISDICTION
11.1 These GTC as well as all related actions are exclusively subject to Swiss substantive law.
11.2 Subject to any mandatory legal provisions to the contrary, any disputes arising in connection with these GTC shall be subject to the exclusive jurisdiction of the courts of Bern. However, the Seller shall be free to invoke the competent court at the domicile or registered office of the Customer.