Terms of Sales

The General Terms and Conditions of Sale (“GTC”) govern the relationship between Caffé Miano, Gastro Milano AG (“Seller”) and its customers (“Buyer”) with respect to all order contracts concluded in writing, by telephone, through its own online store (www.caffemilano.ch) and by e-mail. The provisions of the buyer contrary to these GCS are hereby expressly rejected.

 Offer

The offers in our online shop are non-binding, can be changed at any time and are intended exclusively for buyers domiciled in Switzerland and the Principality of Liechtenstein.

 Conclusion of the contract online

On www.caffemilano.ch, the buyer makes a legally binding offer to conclude a contract by sending his order. The contract is concluded when the seller accepts this offer by sending the goods.

 Price

The determining price is that in force at the time of conclusion of the contract, i.e. at the time of delivery. All prices are in CHF and include statutory VAT. Subject to price changes at any time.

 Payment

Individual invoices are payable net within 10 days from the invoice date. In the event of non-compliance with this payment deadline, the buyer is in default of payment from the first reminder (payment reminder) and owes the seller default interest as well as reminder costs (for the 2nd reminder CHF 5.00, for the 3rd reminder CHF 10.00). The other costs related to the collection of the debt (costs of prosecution, etc.) will be entirely invoiced to the buyer.

The seller reserves the right to fulfill orders from new customers and existing customers for large orders only against advance payment. However, the seller reserves the right to refuse such requests without having to justify himself. The seller can also decide, in special cases, to make an advance payment without giving reasons.

Set-offs with other claims are not possible, except in cases authorized by the management and accepted in writing.

The delivered goods remain the property of Caffé Milano, respectively of Gastro Milano AG, until full payment of the invoices. Gastro Milano AG, Caffé Milano is entitled to make a corresponding entry in the reservation of title register responsible for the buyer. If the buyer is in default with the payment of the purchase price, Gastro Milano AG is entitled to take possession of the goods and to withdraw from the order contract immediately. By placing an order, the buyer agrees to take back the goods.

 Delivery

The risk is transferred to the buyer at the time of dispatch of the goods.

Indications regarding availability and possible delivery times are not binding, unless confirmed in writing by the seller.

Delivery is made either by post or by truck according to the route plan, only in Switzerland.

Deliveries are made no later than two working days after receipt of the order from the post office or the transport company. If the customer expressly requests it, the orders are sent by express or by courier. However, for such shipping methods, shipping costs are always charged.

For orders from CHF 50.00, shipping costs are free.

PO box addresses are not delivered.

Gastro Milano AG, Caffé Milano is not responsible for delivery delays caused by transport companies or other third parties.

 Right of return

Incorrect or over-ordered goods can be returned within 10 days in their original packaging. Return costs are the responsibility of the buyer. If the goods are damaged or lost on return, the seller is entitled to demand compensation from the buyer for the loss of value.

 Guarantee

The buyer reports apparent defects no later than 2 days after receipt of delivery, and defects discovered later as soon as possible, failing which the goods are considered accepted. In the event of a written guarantee, the decision is made

the seller decides whether an exchange should be made. Excluded from the warranty are damages for which the buyer is solely responsible, for example as a result of improper treatment, natural wear and tear or external influences for which the seller is not responsible.

Responsibility

Any claims of the buyer against the seller that are not related to the goods ordered are excluded, regardless of the legal grounds. This also applies to auxiliaries or vicarious agents of the seller.


Protection of creditors and data protection

The buyer accepts that the seller is authorized, in the event of delivery on open invoice to pass on the name (for natural persons also the first name), date of birth and valid address to a credit company in order to obtain credit information. Under certain conditions as well as in the event of insufficient solvency, the seller reserves the right to present proof of income or to require advance payment for the delivery of the goods. In the event of late payment, we pass on all buyer data and the balance due to a credit company.

Stored data necessary for business processing is passed on to affiliated companies within the scope of order processing. All personal data is treated confidentially.

 

Jurisdiction

All obligations arising from these contractual ordering relationships are exclusively subject to Swiss law. The place of performance and sole jurisdiction is Risch ZG (Switzerland).

 

Salvage clause

If any provision of these T&Cs is or becomes null and void, the validity of all other provisions of the T&Cs shall remain unaffected. Any null or invalid provision will be replaced by a provision that complies with the meaning and purpose of these T&Cs.

 

Changes to the T&Cs

Changes to the T&Cs of Gastro Milano AG, Caffé Milano are reserved at any time. The legally valid version is published on the website.