Terms and Conditions of Sale
I. Application and enforceability of the term and conditions of sale
1.1. These terms and conditions of sale are brought to the attention of all customers to allow them to place an order.
1.2. Therefore, by placing an order the client fully and unreservedly agrees to these terms and conditions of sale.
1.3. No special condition or other general conditions originating from the customer may prevail over these terms and conditions without the express written agreement of Swisschocolate-online.com.
1.4. Any other condition presented by the customer cannot be binding for Swisschocolate-online.com - except when expressly agreed – and this irrespective of the moment any such condition was brought to its attention.
1.5. The fact that Swisschocolate-online.com does not avail itself of one or more of these terms and conditions of sale at any given moment shall not be interpreted as amounting to renunciation by the seller to subsequently availing himself of any of the aforesaid conditions.
II. Orders and confirmation
2.1. The customer undertakes to fill in the order form accurately and to complete the various fields (address, delivery address, means of payment, etc). In the event of a mistake in the recipient’s address, Swisschocolate-online.com cannot be held responsible if it is impossible to make the delivery to the recipient. The cost of sending the parcel to another recipient or another delivery address will be invoiced according to the weight and destination of the order.
2.2. Each request for a product is subject to its being accepted by Swisschocolate-online.com, who reserves the right to refuse any order due to insufficient stock, incomplete customer details, or any other legal reason. We undertake to inform you within two (2) working days of your placing an order if we are encountering a problem in respecting that order.
2.3. The 7-day retraction period does not apply for contracts relating to perishable and food industry products such as chocolate. The customer cannot therefore invoke it. However, a modification or cancellation of the customer’s order may be taken into account if the parcel is Remote payment accepted. The price will be returned to the customer, less a penalty of 10CHF taxes included to cover administrative and management costs (7 euros)
2.4. However, if the parcel has been In preparation, it shall not be possible to accept any modification or cancellation of an order, and the price the client paid will not be returned.
III. Prices
3.1. The prices given on the order form are in Swiss Francs (CHF) and include all taxes, ex warehouse from our factory and shop in Fribourg. Swiss VAT at 2.5 % for goods and 8% for postage and packing will be applied to orders within Switzerland and the countries of the European Union. Swisschocolate-online.com may alter the sale price as it wishes.
3.2. Delivery costs are payable on top of the sale price. Delivery costs depend upon the destination and the weight of the parcel. Beyond 10 kg, the price of delivery are indicated for information only and can be adapted to each case. Please contact Swisschocolate-online.com.
3.3. Import tax: Any taxes and customs duties which may apply are to be borne by the recipient and are payable on delivery.
IV. Payment on order
4.1. Payment is made online on order by bank card: Visa, Eurocard/Mastercard, or by Paypal. That is why no discount conditions apply, nor any penalty for late payment.
4.2. The currency used for the transaction is the Swiss France (CHF). The amounted debited from the account of the bank card used will depend on the rate of the CHF on the day of the debit and on any exchange costs charged by the bank issuing the card.
4.3. For the order to be processed, the order must be paid in full. Orders that have not been paid for will not be delivered.
4.4. The invoice for your order is available on the ‘My account’ page.
V. Unavailability of products
Information given on the site about the availability of products and services is purely indicative. It only becomes definitive once the order has been confirmed.
No blame shall attach to Swisschocolate-online.com for the unavailability of a product on delivery given that the client is already informed (by email) prior to the delivery of the order.
VI. Preparation and shipping of products
6.1. The parcels are prepared and packed by Swisschocolate-online.com in closed, resistant packages that are appropriate for the contents and for transport conditions.
6.2. THE CUSTOMER IS RESPONSIBLE FOR THE INFORMATION PROVIDED ABOUT THE NAME AND ADDRESS OF THE RECIPIENT, WHICH MUST BE ACCURATE, CORRECT, AND COMPLETE (DOOR CODE, FLOOR, TELEPHONE NUMBER, etc.) to ensure that no delivery problems are encountered. Swisschocolate-online.com shall not be held responsible for returned goods in the event of an inaccurate address or of it being impossible to deliver the address indicated. IF THE GOODS ARE RETURNED OR IF IT IS IMPOSSIBLE TO DELIVER THEM BECAUSE OF INSUFFICIENT INFORMATION OR A MISTAKE IN THE ADDRESS, THE COST OF RE-DELIVERY WILL BE INVOICED IN ADDITION TO THE TRANSPORT COSTS ALREADY PAID.
6.3. PLEASE NOTE: orders indicating a P.O. box will not be accepted.
6.4. After confirmation of payment, Swisschocolate-online.com undertakes to process and send the order to the agreed destination in accordance with the chosen route, procedure, and means of transport. Swisschocolate-online.com is based on the general conditions of the carrier chosen and can not provide the goods to the delivery beyond that offered by the carrier. It is up to the recipient to check the parcel in the presence of the carrier. Any problems with the delivery should be indicated on the delivery slip. If this clause is not respected, it will not be possible to make any complaint against the chosen carrier.
6.5. IF THE RECIPIENT IS ABSENT AND THERE IS NOBODY TO TAKE POSSESSION OF THE GOODS ON DELIVERY THE CARRIER WILL LEAVE AN ATTEMPTED DELIVERY NOTICE at the delivery address provided by the client to enable them to collect the goods. In no case shall Swisschocolate-online.com be held responsible for any deterioration to the goods owing to late collection from the carrier, nor of the loss due to non-recovery of the package.
6.6. The logistics centre that prepares orders is at the following address: Swisschocolate-online.com – Nyon – Switzerland.
6.7 Swisschocolate-online.com shall not be held responsible if the product is not delivered for the following reasons: force majeure as defined by the courts, and natural catastrophes.
VII. Complaints - Disputes
7.1. Complaints and objection will always be examined with care and attention, on the assumption of the goodwill of the party who takes the trouble to present the grounds for the case.
7.2. On receiving the goods, the customer must check that the delivery corresponds to the order. Any damage should be clearly indicated on the delivery slip and should be dated and signed.
7.3. Any complaint must be made by email using the online form in the ‘Contact’ section, within 24 hours of receipt, to Swisschocolate-online.com customer services. No complaint will be accepted after this time.
7.4. swisschocolate-online.com may request that you send proof of the damage (transport letter, photo of the parcel received, etc.) with the complaint. Once the complaint has been studied and accepted by Swisschocolate-online.com, the customer may choose between reimbursement of the order or re-delivery.
VIII. Returns
8.1. Every returned product must be subject to a formal agreement between Swisschocolate-online.com and the customer, and be returned within 3 days of this agreement, after which period no return will be accepted.
8.2. Any return accepted by Swisschocolate-online.com in the event of an obvious defect or nonconformity of the delivered goods and that is duly observed by Swisschocolate-online.com shall entitle the customer to a free replacement to the exclusion of any other indemnity or damages.
IX. Right to access and modify data
9.1. Ethics
In order to protect your privacy Swisschocolate-online.com treats all your personal as strictly confidential. When you make a purchase we only ask you for the information (name, first name, full address, email address) that is necessary for us to handle and closely monitor your order in a professional manner. The data you enter online is recorded on a secure server and immediately encrypted.
9.2. Your rights
In accordance with the French Information Technology and Liberty law of 6 January 1978, you have the right to access and rectify your personal data.
To exercise this right, you can contact us either via the online form or else by post:
Swisschocolate-online.com – Route de Saint-Cergue 303, 160 Nyon - Switzerland
or by email : contact@swisschocolate-online.com
X. Guarantees
10.1 The BBD (best before date) of our chocolates is indicated underneath each box. Swisschocolate-online.com guarantees the quality and freshness of its products, provided they are kept in a cool place (between 14 and 20°C), and away from direct sunlight.
10.2 Product information, e.g. ingredients and nutritional values, is updated regularly. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.