1. SCOPE
These general terms and conditions apply to all orders placed by buyers living in Switzerland or the Principality of Liechtenstein via the online shop SDP Group GmbH
Zollikerstrasse 203B 8008 Zurich, info@delikatswiss.ch, www.delikatswiss.ch.
2. OFFER AND CONCLUSION OF CONTRACT
2.1 The presentation of the products on www.delikatswiss.ch does not constitute a legally binding offer, but rather an invitation to the buyer to place a binding order (offer to conclude a contract).
2.2 By clicking on the “PLACE ORDER” order button, the customer places a binding order for the products listed on the order page.
2.3 Immediately after receiving the order, the seller confirms receipt of the order by email.
2.4 The purchase contract is concluded when the seller confirms the dispatch of the goods by email.
2.5 If payment is made in advance, the purchase contract is concluded upon confirmation of receipt of the advance payment by the seller.
3. RETURN POLICY
3.1 Buyers have the right to return the goods within 14 days after delivery of the goods. Products with a use-by date can only be returned if they are unopened, undamaged and have a best-before date of three months. The right of return is exercised by returning the goods; no justification is required.
Return address: SDP Group GmbH
Zollikerstrasse 203B 8008 Zurich
3.2 Exercising the right of return leads to the conversion of the purchase contract into a reversal relationship, according to which the services received under the purchase contract must be reimbursed. The buyer bears the costs for return shipping.
3.3 After receipt of the goods, any purchase price already paid will be immediately refunded to the buyer. A deduction of the purchase price to be refunded remains reserved. an invoice for possible damage, excessive wear and tear of the goods or – if agreed – shipping costs for the goods.
3.4 SDP Group GmbH reserves the right to deduct an amount from the purchase price to be refunded or to issue an invoice for an amount that will be used to cover possible damage, excessive wear and tear of the goods or – if agreed – shipping costs for the goods.
3.5 No deduction will be made if the loss in value is due to the handling of the goods that is necessary to determine the type, quality and functionality of the goods. SDP Group GmbH can refuse repayment until it has received the goods back or until the customer has provided proof that he has sent the goods back, whichever is earlier.
4. PRICES AND SHIPPING COSTS
The prices stated on the product pages include statutory VAT and other price components (excl. postage and packaging) and are in Swiss francs (CHF). Prices are subject to change; the binding prices can be found in the SDP Group GmbH online shop at www.delikatswiss.ch
4.1 In addition to the stated prices, shipping costs may apply depending on the delivery address, quantity of goods and item. The shipping costs are displayed to the buyer during the ordering process. There are no further costs for delivery within Switzerland.
5. DELIVERY TERMS
5.1 Delivery only takes place to delivery addresses within Switzerland and the Principality of Liechtenstein.
5.2 The standard delivery time is 3 to 4 days, unless otherwise stated in the offer.
5.3 If not all ordered products are in stock, SDP Group GmbH is entitled to make partial deliveries. The buyer does not incur any additional costs due to partial deliveries.
5.4 If delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded.
6. PAYMENT TERMS
6.1 Payment is made in advance, invoice, credit card, Twint.
6.2 If you select the payment method in advance, the seller will provide your bank details in the order confirmation. The invoice amount must be transferred to the seller’s account within 15 days.
6.3 When paying by credit card, the selected credit card will be debited immediately after the ordering process has been confirmed by clicking the “Order for a fee” button.
6.4 Offsetting against unrecognized or not legally established counterclaims of the buyer is excluded.
6.5 The customer can only exercise a right of retention if the claims are based on the same contractual relationship.
6.6 The goods remain the property of SDP Group GmbH until the purchase price has been paid in full. This is entitled to arrange for entry in the register of retention of title at the buyer’s expense if it considers its claim to be at risk.
6.7 SDP Group GmbH reserves the right to make the delivery of the order dependent on a credit check. By placing an order, buyers agree to obtaining a credit report.
6.8 SDP Group GmbH reserves the right to make the delivery of orders dependent on security.
6.9 SDP Group GmbH may cancel or suspend an order if the customer is not creditworthy or has one or more outstanding invoices with ANiFiT AG.
7. DELAY IN PAYMENT / REMINDER / COLLECTION
7.1 The purchase price is due for delivery on account within 15 days of the invoice date. If payment is not made within this period, the customer will immediately be in default.
7.2 SDP Group GmbH will warn the buyer three times in the event of default. The following reminder periods apply:
Payment reminder by email from the 31st day
Reminder by email after 45 days
Last reminder after 59 days by post with reminder fees of CHF 10.–
The reminders are processed once a week.
8. RETENTION OF TITLE
The goods remain the property of SDP Group GmbH until the purchase price has been paid in full. Before ownership is transferred, pledging, transfer as security, processing or redesign is not permitted without the consent of SDP Group GmbH.
9. WARRANTY
9.1 SDP Group GmbH guarantees that defects will be corrected. This is done at your discretion through subsequent performance, namely elimination of a defect (repair) or delivery of an item free of defects (replacement delivery).
9.2 If subsequent fulfillment fails, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. The buyer’s right to a reduction is excluded.
9.3 Unless otherwise agreed, deliveries will be made in accordance with the sample or model shown. Deviations in color, structure and workmanship are reserved. The delivered goods must be checked immediately.
10. LIABILITY
SDP Group GmbH excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes.
11. PRIVACY
SDP Group GmbH is committed to complying with data protection regulations when processing buyer data. Further information on the handling of buyer data can be found in the separate data protection declaration of SDP Group GmbH
12. FINAL PROVISIONS
If a provision of these general terms and conditions is ineffective, the rest of the contract remains valid. The relevant statutory provisions apply in place of the invalid provision.
12.1 Changes, place of jurisdiction and place of performance
This offer is tailored to Switzerland. When ordering from abroad, the customer expressly accepts the application of Swiss law. The place of jurisdiction and place of performance is 8008 Zurich. Swiss law always applies, regardless of the location of the buyer, the provider or other service providers of electronic communication and data transfer.