BeverFood / BeverCare – General Terms and Conditions (GTC)

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BeverFood AG
Chaltenbodenstrasse 6C
8834 Schindellegi
Switzerland
E-Mail: hello@bevercare.ch
Phone: +41 (0)44 520 52 75

Status: 01.01.2023
Version: 1.01

1. GENERAL

These General Terms and Conditions (GTC) of BeverFood AG, Chaltenbodenstrasse 6C, 8834 Schindellegi, Switzerland (BeverCare) shall 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/mail/EDI by the customer and order confirmation by e-mail/mail/EDI by BeverCare). The operator of the BeverCare ProShop and seller of the Products is BeverCare. The purchasers are the customers and dealers who purchase products via the BeverCare ProShop or by e-mail/mail/EDI (customers).

BeverCare reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply.

Any terms and conditions of the Client that conflict with or deviate from these GTC shall not apply and shall have no legal effect between the Parties.

BeverCare may, at its sole discretion, temporarily or permanently exclude customers who violate the GTC or fail to pay their invoices from using the BeverCare ProShop or from the ordering process by e-mail/mail/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 represent net prices (unless expressly stated otherwise), which do not include taxes (in particular VAT) and all other possible levies, fees or costs. This also includes possible shipping costs and small quantity surcharges that BeverCare may additionally levy (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 shall be 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/mail/EDI. Unless and insofar as otherwise stated above in the BeverCare ProShop or in the order process by e-mail/mail/EDI, BeverCare shall deliver free of shipping costs within Switzerland for orders of CHF 300.00 or more. For orders of less than CHF 300.00, BeverCare will charge an additional shipping fee of CHF 9.00 per order. For orders of less than CHF 50.00, BeverCare shall charge an additional small quantity surcharge of CHF 5.00 per order (in addition to the shipping charge of CHF 9.00). BeverCare ProShop reserves the right to make deviating statements.

2.3 Availability and delivery time

BeverCare takes great care to provide up-to-date and accurate information on availability and delivery times in the BeverCare ProShop and in its order confirmations in the ordering process by e-mail/mail/EDI. However, delivery delays may occur, particularly due to production or supply bottlenecks. All information on availability and delivery time 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 labelling in the BeverCare ProShop and in the offers of BeverCare sent or communicated elsewhere. Images of products in the BeverCare ProShop and in the offers otherwise sent or communicated by BeverCare are for illustrative purposes only and are not binding.

3. CONCLUSION OF THE CONTRACT

The BeverCare ProShop and the BeverCare range of products are aimed exclusively at customers with their place of residence or company headquarters in Switzerland. Deliveries are made exclusively to addresses in Switzerland and to persons over 18 years of age. 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 otherwise sent or communicated 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 the button “Order subject to payment” (or similar) or by delivering an order by e-mail/mail/EDI to BeverCare, the clientele places a binding order for the goods listed on the order page.

After receipt of the order, BeverCare confirms receipt of the order by e-mail. However, the purchase contract shall not be concluded until the goods have been dispatched. BeverCare shall remain free until the products have been sent to the customer to reject or not deliver goods orders in whole or in part with or without stating reasons. In this case, the Customer shall be informed immediately and any payments already made shall be refunded.

4. DELIVERY DATE

The delivery time is displayed to the customer during the order process. This can also be viewed in the order overview in the 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, the Customer shall have the right to cancel its order from the 30th calendar day after the originally announced delivery date. In this case, BeverCare shall refund to the Customer 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 dispatch to the delivery address specified by the customer in the order.

The customer’s delivery address must be located 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 dissolve (cancel) the contract and charge the customer for the delivery costs incurred and any loss in value.

6. AUXILIARIES

BeverCare may engage third party companies for logistical processing, transport or delivery and as contact persons for returns and support.

7. WARRANTY

7.1 Client’s duty to inspect

The customer must immediately check delivered products 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 recognisable defects, and immediately after discovery in the case of defects that are not immediately recognisable. BeverCare shall be notified accordingly by means of 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 to have been approved if the Customer fails to comply with these inspection and notification obligations within the specified period.

7.2 Remedying defects

BeverCare may remedy defects either by subsequent performance, i.e. either by remedying a defect (rectification) or by delivering a defect-free item (replacement). 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 expire, even if they have remained undiscovered until then.

8. LIABILITY AND EXCLUSION OF LIABILITY

To the extent permitted by law, any liability of BeverCare is excluded. BeverCare shall in no event be liable for (i) ordinary negligence, (ii) indirect and consequential damages and loss of profits, (iii) unrealised 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 declines liability in the following cases:

9. PAYMENT

The clientele is obliged to pay the purchase price. All payments must be made in Swiss francs (CHF). Payment in Euro (EUR) is only possible with the express prior written consent of BeverCare.

For this purpose, the Customer may use the payment options offered as means of payment in the BeverCare ProShop under 4 “Payment” or in the e-mail/mail/EDI order process. BeverCare may unilaterally adjust these at any time. If BeverCare offers the option “payment on account” to the Customer, the invoice amount must be paid within 30 calendar days after receipt of the delivery without any (discount) deduction.

If payment is made by credit card, TWINT or other instant payment methods, the charge will be made after the ordered product has been dispatched.

Ordered products shall remain the property of BeverCare until payment has been made in full. 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. OTHER 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 https://bevercare.pro.

10.2 Severability clause

Should any provision of these GTC be or become void or invalid, the remaining part of these GTC shall not be affected thereby. Void or invalid provisions shall be replaced by valid provisions which come as close as possible to their economic purpose. The same procedure shall be followed if a loophole in the contract arises or 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 Swiss substantive 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 over all disputes between BeverCare and the Client.

 

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