General Terms and Conditions

General Terms and Conditions / Delivery Conditions of Dinnair GmbH to End Customers (Version 1.0; valid as of November 17, 2022)

Scope

These General Terms and Conditions / Delivery Conditions (hereinafter "GTC") regulate the contractual relationship between Dinnair GmbH with registered office in CH-Willerzell (hereinafter "Dinnair" or "we") and its customers (hereinafter "customer" or "you") with regard to all contracts concluded between the parties in our online store on the website dinnair.ch & dinnairshop.ch (hereinafter "dinnairshop") for the purchase of food and non-food products from our range (hereinafter comprehensively "Dinnair products").

The offer of dinnairshop is directed exclusively to end customers with habitual residence and a delivery address in Switzerland and the Principality of Liechtenstein.

By placing an order according to section 2.1. below, you acknowledge the applicability of these GTC.

Offers and prices
By clicking the button concluding the order process, the customer submits a legally binding offer related to the article stock defined in the shopping cart.

Prices and presentation of the offer on the website are generally non-binding and stated in CHF.

Offers, unless otherwise agreed in writing, are valid until revoked.

Unless otherwise specified on the product description, the prices are values that do not include the statutory VAT, but are shown separately in the ordering process.

Also shown separately are the packaging and shipping costs incurred.

Order and contract
The contract becomes legally valid when the order is sent. The seller has the right to withdraw from the contract if there are obvious writing and billing errors in the order details. Decisive for the scope of goods and services is the order confirmation of the customer, which is available with the completion of the ordering process.

Upon completion of the contract, the customer agrees to receive occasional information on offers, promotions, etc..

Both the order process and any contact will be made by e-mail, which the customer specifies on the condition that they receive the information sent by the seller and the information can be delivered.

Delivery
Delivery is considered as the provision of the goods in the warehouse of Dinnair, from when the use and risk pass to the customer.

When the order is placed, the customer is in any case obliged to accept and pay for the ordered goods. The goods are delivered to postal addresses in Switzerland or the Principality of Lichtenstein. In the event that the Seller does not find a recipient for the delivery at the time and address specified in the order, the Seller shall deposit the goods and the package at the front door or mailbox. In this case the Seller does not take any responsibility for improperly deposited, stored, damaged and stolen goods and packages. The delivery is carried out according to the date noted in the order.

The delivery of our cold-sensitive goods takes place in suitable packaging and with suitable refrigerants such as ice, dry ice or similar refrigerants, ensuring the cold chain until the day of delivery at 12:00 noon. Dinnair declines any liability for deliveries that are received by the customer later.

In case of delivery bottlenecks, the customer who placed an order will be informed accordingly and has the right to withdraw from the contract in writing, as long as the request is received 3 days before the newly agreed date. In case of delivery bottlenecks, the customer will be informed as soon as possible about a reasonable alternative date.

Warranty
Tampering by third parties or customers, natural wear and tear, delays by the transport service provider, improper handling, excessive stress on the goods and packaging, force majeure and extreme environmental influences are factors for which the seller is not responsible.

In the case of any resale of the goods, the seller assumes no responsibility. In such cases, the customer who resells the goods shall be considered liable.

In principle, the seller does not take back the delivered goods.

Payment options
Payments are mainly made by credit card. Other means of payment are also accepted in dinnairshop, if listed.

If payment terms are not met, the seller is entitled to immediately set claims against the customer or to demand collateral for outstanding claims. Outstanding deliveries are to be carried out in such cases only against advance payment.

Applicable law and place of jurisdiction
Swiss law shall apply exclusively to the exclusion of the provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11.4.1980).

The place of jurisdiction is the ordinary courts at the domicile of Dinnair in Switzerland.

Final provisions
All parties involved undertake to communicate in a timely and proper manner about any issues in order to ensure the fulfillment of the contract and other problem solving in the best possible way. The parties shall endeavor to resolve potential conflict situations amicably.

Changes to the GTC shall be made exclusively by the Seller and in writing.

These terms and conditions are considered accepted with the placed order.