Facebook Pixel

General Terms and Conditions H.R. Kyburz Vieh + Fleisch AG

1. Scope of Application

These General Terms and Conditions (GTC) govern the web shop by H.R. Kyburz Vieh + Fleisch AG (hereinafter the “company”). The company offers a meat web shop on the platform.

2. Conclusion of Contract

The contract is concluded with the confirmation from the company of the agreement regarding the acquisition of products by the client. The company sends the client a confirmation email, thus concluding the contract. The display of the products on the company's website does not constitute a legally binding offer, rather being purely invitations to the customer to make a purchase offer.

3. Prices

Unless agreed otherwise between the parties, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT), but do not include any other taxes which may be applicable. The prices stated are exclusive of packaging and freight costs. With the delivery shipping costs of CHF 12.50 incur. The Company reserves the right to modify prices at any time. Applicable are the respective prices published at contract date on the company’s website and according to the company pricelist. Weight specifications can vary. On the website, an average weight is indicated. On the final invoice, only the effectively delivered products are billed.

4. Payment

The company offers the customer the following payment options: credit card and invoice. The invoiced amount may not be offset against any claims the customer may have against the Company. The Company reserves the right to refuse delivery or service in case of default of payment.

4.1 Purchase by invoice with instalment payment option (PowerPay)

With the monthly invoice by PowerPay you can pay your online purchase in an easy way by invoice with instalment payment option. MF Group Factoring AG / PowerPay is an external payment service provider, offering the payment method “payment by invoice”. At conclusion of the sales contract, PowerPay takes on the invoice and takes care of the relevant payment. When purchasing by invoice, you accept the CGT of PowerPay in addition of our CGT (powerpay.ch). You will receive the monthly invoice in the following month by mail. When you use instalment payment, you have to settle at least 10% of the outstanding invoice amount per month. In this manner, you decide with how many instalments you want to settle the invoice. Please note that when paying in instalments, an administration fee of CHF 2.90 incurs from the second monthly invoice on. Under this agreement, MF Group Factoring AG / PowerPay grants you a consumer credit according to art. 12 KKG if you use the instalment payment option and there is no reason for exclusion according to art. 7 para. 1 KKG.

5. Obligations of the company

5.1. Delivery / delivery date
Delivery will be made according to the delivery date selected during the order process. If a timely delivery is not possible, the customer will be contacted immediately after receipt of the order. Unless otherwise agreed, the place of performance shall be the registered office of the company. The company fulfils by handing over the ordered products to the agreed carrier. If no carrier is agreed, the Company shall be free to choose a carrier. The agreed delivery costs may not be increased by the choice of the carrier. Fresh products needing to be refrigerated are only delivered in Switzerland in order to maintain the cold chain. The maximum temperatures prescribed by law can only be adhered to by the company if the customer selects the Express Parcel or Priority Parcel mode of shipment and the customer accepts the delivery immediately. The company is entitled to deliver any partial deliveries, if this is reasonable for the customer. Shipping costs are to be carried by the customer only in that height, which would result from a total delivery.
5.2. Helpers
The parties shall have the express right to engage the services of helpers in order to meet their contractual obligations. They must ensure that the engagement of helpers is in compliance with all mandatory legal provisions and any collective employment agreements.

6. Exchange

An exchange of products is generally excluded.

7. Warranty

The statutory warranty provisions shall apply. The company guarantees the above mentioned for a maximum period of twenty-four (24) months. A possible defect must be reported immediately to the company. It is up to the company to decide whether the faulty product is repaired or replaced. Only if a replacement or repair is not possible, the customer is entitled to a price reduction or refund.

8. Liability

Liability for any indirect or consequential damages is excluded entirely. The liability for direct damages is limited to the contract amount. This limitation shall not apply for direct damages caused by gross negligence or intent. The customer is obliged to report any damage immediately to the company. Any liability for auxiliary persons is excluded entirely.

9. Intellectual property rights

All rights to the products, services and any brands are at the company or it is authorized to use them by the owner. Neither these CGT nor associated individual agreements have the transmission occurring to any intellectual property rights to the content, unless this would be explicitly mentioned. In addition, any further use, publication and making available of information, images, text or other which the customer receives in connection with these provisions is prohibited, unless it will expressly be approved by the company. If the customer uses to which third parties have a property right in connection with the company's content, texts or pictorial material, the customer must ensure that no third party rights are violated.

10. Data protection

The company shall only process and use the captured as part of the contract conclusion data to fulfil the obligations under the contract. The company take the measures which are necessary to ensure data security as required by law. The customer fully agrees to the storage and use of his data stated in the agreement by the company and is aware, that the company is committed on the orders of courts or authorities and authorized to give them or third parties information from the customer. If the customer has not explicitly prohibited, the company may not use the data for marketing purposes. Data necessary for service fulfilment can also be transferred to contracted service partners or other third parties. Furthermore, the statutory data protection regulations apply.

11. Amendments

These terms and conditions can be modified by the company at any time. The new version shall enter into force 30 (thirty) days after communication by the company. For customers, basically the version of the GTC applies which at the time of concluding the contract is in force. Unless the customer has agreed to a newer version of the GTC.

12. Priority

These terms and conditions take precedence over any older regulations and contracts. Only provisions of individual contracts, which specify the provisions of these terms, shall prevail over these terms and conditions.

13. Salvation Clause

If any provision of this contract or an annexe of this contract are or become invalid, the validity of the remaining provisions will not be affected. The Parties shall replace the invalid provision with a valid provision that comes closest to the intended economic purpose of the invalid provision. The same is true for any loopholes in the contract.

14. Confidentiality

Both parties and their helpers pledge to treat in a strictly confidential manner all information submitted or acquired in connection with the services. This obligation remains in force even after the termination of the contract.

15. Force majeure (vis major)

If the Company, its suppliers or third-party contractors are unable to comply with the deadline due to force majeure, for example in the event of a natural disaster, earthquake, volcanic eruption, avalanche , storm, war, political or social unrest, civil war, revolution and insurrection, terrorism, sabotage, strike or nuclear accident or reactor damage then the Company shall be relieved from the obligation to perform its performance during these force majeure events and for an appropriate period of time following the end of such events. If the force majeure lasts more than thirty (30) days, the company is entitled to withdraw from the contract. The company must then fully reimburse the amounts already paid by the customer. Any further claims, in particular those relating to claims for damages arising out of force majeure, are excluded.

16. Applicable Law / Jurisdiction

These terms and conditions are governed by Swiss law. The courts at the place of the registered office of the company shall be competent to settle any dispute between the parties, except in the case of mandatory legal provisions to the contrary. The company is free to institute legal proceedings at the domicile of the defendant. The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.

Lupfig, 07.07.2020
Copyright © 2024 meat4you. All rights reserved.