Terms of Service of Swisspica General Partnership
1. Scope of application
Die allgemeinen Geschäftsbedingungen der Swisspica Kollektivgesellschaft (nachfolgend “AGB” genannt) gelten beim Einkauf bei der Swisspica Kollektivgesellschaft in der Schweiz.
The current version of the ToS applies. Any contractual amendments, separate agreements and conditions set forth by the costumer only become part of the contract after written consent by Swisspica.
2. Conclusion of the contract
When purchasing or ordering products on the website of Swisspica, per phone or email, the costumer offers to enter into a legally binding contract by transmitting his order and therefore accepts these ToS.
The contract is considered to be concluded as soon as the receipt of order is confirmed by Swisspica. The conclusion of the contract is subject to the availability of ordered products or an incorrect price indication. The goods remain the property of Swisspica until payment has been made in full.
3. Price indications and payment
All price indications on the website include VAT and other statutory taxes. Delivery costs are exclusive, unless stated otherwise.
Prices for business customers, whether mentioned in price lists, offers or verbally, are exclusive of VAT and may differ from those published on the website of Swisspica.
The payment options are listed on the website and include: payment in advance or with credit card, PayPal or TWINT. Unfortunately, the high quality of our products doesn't allow us to deliver on account. Payments must normally be made in Swiss francs.
4. Right of withdrawal
Orders can be cancelled by email, phone or by using the contact form on the website of Swisspica on the day of ordering.
If the order is cancelled later, Swisspica is entitled to charge a processing fee of CHF 50, plus the costs of any expenditure no longer required up to a maximum of 100% of the delivery price (including the price of selling and shipping costs).
5. Delivery and delivery time
Deliveries are normally only provided to customers with a delivery address in Switzerland or in the Principality of Liechtenstein. If the customer’s address lies outside of this delivery area, Swisspica can provide deliveries on request.
Should the customer refuse to receive the ordered products on the delivery date provided by Swisspica or the delivery service, Swisspica may cancel the contract and charge the customer for the delivery costs and any loss of value.
Swisspica delivers generally within 2-3 working days. Due to production or delivery shortages, Swisspica or the delivery service may experience delivery delays. Information on availability of the products and delivery time are therefore without guarantee and may change at any time.
6. Complaints and liability of Swisspica
Identified defects must be reported immediately to Swisspica after their discovery. Complaints are only admissible within 24 hours after reception of the products. Swisspica is not liable for defects which customers identified, or must have identified, on receipt of the products, but failed to report to Swisspica either immediately or within the complaint period. Customers lose their right to reimbursement if they fail to store the products according to the instructions of Swisspica or handle them improperly.
In case a defect lies within Swisspica’s responsibility, Swisspica has the choice to either replace the defective product or to refund the purchase price. If Swisspica chooses to replace the product, no customer’s claims for alteration of the purchase contract, reduction of the purchase price or claims for damage compensation can be asserted.
Under all claim circumstances, Swisspica assumes liability only for indirect and direct damage caused intentionally or by gross negligence. Swisspica accepts no liability for mistakenly inaccurate or missing information on the website of Swisspica.
6-1. Liability for delivery delays
Significant delivery delays are communicated to the customer. Delivery delays do not entitle the customers to cancel the contract or to demand a refund of all or part of the purchase price.
In the event of a delivery delay for which Swisspica is responsible, Swisspica assumes liability, under all claim circumstances, only for indirect and direct damage caused intentionally or by gross negligence and in any case up to the product invoice amount at the most. In case of a delivery delay or failure for which Swisspica is not responsible, no liability will be assumed whatsoever.
7. General information on our products
Our products are natural products without any chemical additives. Each product has its characteristics, such as own colours, tastes and sizes, which make it unique. Natural differences do not constitute a defect or reason for complaint.
8. Data protection
For the storage and processing of customer data, the most recent version of Swisspica’s Privacy Policy is applicable. It is available on our website or can be sent upon request.
9. Customer service
Don’t hesitate to contact us in case of questions or complaints regarding our products or their delivery:
Swisspica Kollektivgesellschaft
c/o Romain Hintermann
Zwickystrasse 61, 8600 Dübendorf, Schweiz.
E-Mail: kontakt@swisspica.ch
By using the Contact Page of our Website
Phone: +41 76 579 27 55
10. Applicable law and place of jurisdiction
Swiss law applies exclusively. The place of jurisdiction is the district court of Uster.