General Terms and Conditions (AGB)
the
BeverFood AG
Chaltenbodenstrasse 6C
8834 Schindellegi
Switzerland
E-mail: hello@bevercare.ch
Phone: +41 (0)44 520 5275
Status 01.01.2025
Version 1.02
1. general
These General Terms and Conditions (GTC) of BeverFood AG, Chaltenbodenstrasse 6C, 8834 Schindellegi, Switzerland (BeverCare) apply to all legal transactions that are concluded via the online platform or website or webshop https://bevercare.pro or corresponding subpages (BeverCare ProShop) or that are concluded by e-mail with reference to the GTC posted on www.bevercare.ch (order by e-mail/post/EDI by the customer and order confirmation by e-mail/post/EDI by BeverCare). The operator of the BeverCare ProShop and seller of the products is BeverCare. The buyers are the customers and dealers who purchase products via the BeverCare ProShop or by e-mail/post/EDI (customers).
BeverCare reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall apply.
Any terms and conditions of the customer that conflict with or deviate from these GTC shall not apply and shall have no legal effect between the parties.
BeverCare may, at its own discretion, temporarily or permanently exclude customers who violate the GTC or fail to pay their invoices from using the BeverCare ProShop or from the order process by e-mail/post/EDI.
2. product, price, shipping costs, availability and delivery time
2.1 Product and price
All sales prices displayed to the customer in the BeverCare ProShop or communicated separately to the customer by means of a gross sales price list or conditions sheet are stated in Swiss francs (CHF) and (unless expressly stated otherwise) are net prices that do not include taxes (in particular VAT) and all other possible charges, fees or costs. This also includes possible shipping costs and small quantity surcharges that BeverCare may charge additionally (see below). BeverCare reserves the right to change the prices of the products offered at any time. The price in the BeverCare ProShop at the time of the order or the price stated in the order confirmation from BeverCare is decisive for the conclusion of the purchase contract.
2.2 Shipping costs
Any shipping costs are shown in the checkout in the BeverCare ProShop or on the order confirmation in the order process by e-mail/post/EDI. Unless otherwise stated in the BeverCare ProShop or in the order process by e-mail/post/EDI, BeverCare will deliver orders of at least CHF 100.00 (in the BeverCare ProShop) or CHF 300.00 (in the order process by e-mail/post/EDI). free shipping within Switzerland and the Principality of Liechtenstein. For orders of less than CHF 100.00 or CHF 300.00, BeverCare will charge an additional small quantity surcharge of CHF 9.00 per order. BeverCare ProShop or the order confirmation may contain deviating information.
2.3 Availability and delivery time
BeverCare attaches great importance to providing up-to-date and accurate information on availability and delivery times in the BeverCare ProShop and in its order confirmations during the ordering process by e-mail/post/EDI. However, there may be delays in delivery, particularly due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.
2.4 Information on products
BeverCare accepts no liability whatsoever for the accuracy and completeness of the respective product descriptions and labels in the BeverCare ProShop and in the offers sent or communicated elsewhere by BeverCare. Images of products in the BeverCare ProShop and in other offers sent or communicated by BeverCare are for illustrative purposes only and are non-binding.
3. conclusion of contract
The BeverCare ProShop or the BeverCare range is aimed exclusively at customers with their place of residence or registered office in Switzerland. Deliveries are only made to addresses in Switzerland and to persons over the age of 18. By submitting their order, customers confirm that they are at least 18 years old.
The presentation of the goods in the BeverCare ProShop and in the offers sent or communicated elsewhere by BeverCare does not constitute a legally binding offer, but an invitation to the customer to place a binding order (offer to conclude a contract).
By clicking on the button “Order with obligation to pay” (or similar) or by sending an order by e-mail/post/EDI to BeverCare, the customer places a binding order for the goods listed on the order page.
After receiving the order, BeverCare confirms receipt of the order by e-mail. However, the purchase contract is only concluded when the goods are dispatched. BeverCare remains free to refuse or not deliver orders for goods in whole or in part, with or without giving reasons, until the products have been sent to the customer. In this case, the customer will be informed immediately and any payments already made will be refunded.
4. delivery date
Customers are shown a delivery time when they place their order. They can also view this in their order overview in their BeverCare ProShop user account. When the order is dispatched, the customer receives a dispatch confirmation by e-mail. This may contain a tracking link from the shipping service provider, which can be used to track the delivery.
In the event of late delivery, customers have the right to cancel their order from the 30th calendar day after the originally announced delivery date. In this case, BeverCare shall reimburse the customer for any amounts already paid in advance. Any further claims against BeverCare are excluded.
5. delivery
The ordered products will be delivered to the customer via shipping to the delivery address specified by the customer when placing the order.
The customer’s delivery address must be in Switzerland and easily accessible by the usual delivery services. If this is not the case, the customer shall bear any additional costs.
If the customer does not accept the ordered products on the agreed or indicated delivery date, BeverCare may terminate (cancel) the contract and invoice the customer for the delivery costs incurred and any loss in value.
6. auxiliary persons
BeverCare may commission third-party companies for logistical processing, transportation or delivery and as contact partners for returns and support.
7. warranty
7.1 Obligation of the customer to check
The customer must check delivered products immediately for correctness, completeness and delivery damage.
Delivery damage, incorrect and incomplete deliveries must be reported to BeverCare within 5 calendar days from the time of delivery in the case of recognizable defects, and immediately after discovery in the case of defects that are not immediately recognizable. A corresponding report to BeverCare must be made via the contact form in the BeverCare ProShop, by e-mail or by letter. The customer may not put the affected product into operation or continue to use it. The delivery shall be deemed approved if the customer does not comply with these inspection and notification obligations within the specified period.
7.2 Correction of defects
BeverCare may choose to remedy defects by subsequent performance, i.e. either by rectifying a defect (rectification) or by delivering a defect-free item (replacement delivery). The return costs incurred shall be borne by the customer.
7.3 Expiry of warranty claims
After 24 months from delivery of the products, any warranty claims by the customer shall lapse, even if they have not been discovered by then.
8 Liability and exclusion of liability
To the extent permitted by law, any liability of BeverCare is excluded. In no event shall BeverCare be liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages resulting from delay in delivery and (v) any acts and omissions of BeverCare’s auxiliary persons, whether contractual or non-contractual.
Furthermore, BeverCare rejects liability in the following cases:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories (e.g. power supply); and/or
- failure to maintain and/or improper modification or repair of the products by the customer or a third party.
9. payment
The customer is obliged to pay the purchase price. All payments must be made in Swiss francs (CHF). Payment in euros (EUR) is only possible with the express prior written consent of BeverCare.
Customers can use the payment methods offered in the BeverCare ProShop under 4 “Payment” or in the e-mail/post/EDI order process. BeverCare may adjust these unilaterally at any time. If BeverCare offers the customer the option of “payment on account”, the invoice amount must be paid within 30 calendar days of receipt of the delivery without any (cash discount) deduction.
If you pay by credit card, TWINT or other instant payment methods, you will be charged after the ordered product has been dispatched.
Ordered products remain the property of BeverCare until full payment has been received. BeverCare is entitled to make a corresponding entry in the retention of title register.
Refunds to customers will only be made to the payment method or bank account originally used for the order.
10. further provisions
10.1 Data protection
The processing of personal data by BeverCare is governed by the Privacy Policy, which forms an integral part of these GTC and is available at www.bevercare.ch and www.bevercare.pro.
10.2 Severability clause
Should a provision of these GTC be or become void or invalid, this shall not affect the remaining part of these GTC. Void or invalid provisions shall be replaced by valid provisions that come closest to their economic purpose. The same procedure shall apply if there is a gap in the contract or if a provision proves to be unenforceable.
10.3 Applicable law and place of jurisdiction
All legal relationships between BeverCare and the customer shall be governed exclusively by substantive Swiss law. The application of any international treaties such as the Vienna Sales Convention and the Swiss Federal Act on Private International Law (“IPRG”) is excluded.
The ordinary courts of the city of Zurich, Switzerland (Zurich 1) shall have exclusive jurisdiction for all disputes between BeverCare and the customer.
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