General terms and conditions
Sales to customers, especially e-shop (online shop)
Short form: Pasta Premium AG: PPAG
Short form: General Terms and Conditions of Purchase: AGB
Edition August 2016 / All other previous terms and conditions of purchase are cancelled.
1 Validity of these GTC
1.1 These GTC govern the relationship between PPAG and all its respective subsidiaries in Switzerland and abroad (hereinafter referred to as PPAG) and its general sales and e-shop customers. They are a mandatory part of every contract concluded between PPAG and a customer. Subsidiary agreements, assurances or amendments to these GTC must be made in writing. These GTC shall therefore apply to the ordering and delivery of standard articles and custom-made products from PPAG.
1.2 The GTC shall be deemed accepted by the customer as soon as an order is placed by the customer. PPAG may adapt and/or amend the GTC at any time. The current GTC are available on the homepage www.pasta-premium.com.
1.3 GTC's or other documents of the customer which replace, amend or supplement these GTC's shall not have any legal effect, even if a reference to them is made in any contract confirmation or in business correspondence.
2. conclusion of contract
2.1 The customer's order (not via e-shop) is binding when PPAG has sent an order confirmation (dispatch always by e-mail or as agreed with the customer).
2.2 The customer's order via e-shop. The contract shall be concluded as soon as PPAG sends the customer a confirmation of the order by email.
3. change of order
3.1 The customer's order is binding for the customer. After placing the order, the customer cannot make any changes to the order. Any existing right of revocation shall remain unaffected by this.
4. products containing alcohol
4.1 The sale of products containing alcohol (wine, spirits, sparkling wine, etc.) to persons under the age of 18 is prohibited in Switzerland and Europe. By placing an order, the customer acknowledges these provisions and confirms that he/she is authorised to make the purchase.
5. delivery conditions
5.1 The delivery of the ordered items is at the expense of the customer. The delivery, packaging and shipping costs will be shown separately on the invoice. The packaging and shipping costs for domestic deliveries are displayed during the ordering process. For deliveries abroad, this must be checked by PPAG.
5.2 PPAG shall not be liable in the event of undeliverability or delayed delivery of the goods as a result of incorrect details of the delivery address by the customer, absence of the customer and or recipient or problems with customs clearance.
5.3 PPAG shall not be liable for delays in delivery for which it is not responsible and shall not entitle the customer to withdraw from the contract and claim damages.
6.1 The prices for the products offered shall be those listed on the day on which the customer places the order. The prices are binding until the order is confirmed by PPAG or for the duration specified in the order confirmation. Unless otherwise agreed, all prices are gross prices in Swiss francs including VAT.
6.2 We reserve the right to change prices due to changes in taxes, fees, charges or shipping costs.
7. terms of payment
7.1 Orders in the online shop are to be paid with the specified credit cards. Payments by credit card will be charged immediately after conclusion of the contract. For advance payments, an invoice can be sent in advance at the customer's request.
7.2 For orders from abroad, advance payment by credit card applies. The ordered goods will only be delivered after receipt of payment.
7.3 Orders by institutional customers are determined between the two parties. If there are no provisions, 30 days net from the date of invoice shall apply.
7.4 In the event of late payment, PPAG reserves the right to withhold further deliveries to the Customer and to charge interest on arrears of 8 %.
8.1 The recipient undertakes to check the goods for completeness and condition immediately upon receipt. Any complaints regarding quality and completeness must be notified to PPAG immediately, at the latest however within 5 days of delivery, otherwise the delivery is deemed to have been accepted.
8.2 PPAG shall not be liable for damage in transit or damage resulting from improper storage of the goods after acceptance by the customer or his representative.
9. return, exchange and right of withdrawal
9.1 The return or exchange of products delivered to the customer complete and undamaged is excluded. The right of withdrawal pursuant to clause 9.2 remains unaffected.
9.2 If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to his/her commercial or self-employed professional activity) with residence in the EU, the customer shall have a right of withdrawal in accordance with the statutory provisions. If the customer/consumer makes use of his right of revocation, he shall bear the costs of the return shipment. In all other respects, the regulations specified in detail in the cancellation policy shall apply to the right of cancellation.
10. data protection
10.1 The data required for the transaction shall be stored and transferred to the company responsible for the delivery of the goods within the framework of the contract.
companies commissioned by us. Apart from that, stored data will not be passed on to third party companies with the exception of the credit rating agencies and, if necessary, for debt collection. The data is used for customer care within PPAG at home or abroad.
10.2 Order-related and other correspondence by PPAG may be sent electronically. Express reference is made to the security risks inherent in data transmission via e-mail which are not under the control of PPAG, such as virus transmission, damage to data, loss of data or access by third parties. With the order, the customer allows PPAG to store documents and other data on the
electronic means and also with unencrypted e-mails.
11 Jurisdiction, place of performance and applicable law
11.1 The place of jurisdiction for all disputes is Frauenfeld. However, PPAG shall also be entitled to sue the customer at his place of business or at the place of the delivered goods.
11.2 The placing of orders shall be subject to Swiss law and shall be conducted in German, if applicable. The application of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.
12. severability clause
12.1 In the event that individual provisions in the GTC or the individual contracts are invalid, the remaining provisions shall remain in full force and effect. Ineffective
Provisions shall be replaced by provisions that come as close as possible to the economic purpose of the ineffective or invalid provision.