GENERAL TERMS AND CONDITIONS
As at May 2020
The General Terms and Conditions (hereinafter referred to as "GTCs") apply to all orders placed via the Restaurant-Takeaway online shop (hereinafter referred to as " Restaurant-Takeaway.com").
Restaurant-Takeaway.com reserves the right to change the GTCs. The valid version of the GTCs at the time of placing the order shall apply. It may not be amended unilaterally for the relevant order.
Offers are valid for only as long as they appear on the online shop and/or while stocks last. Restaurant-Takeaway.com may change its prices and product range at any time. The images used in advertising media, brochures, on the online shop, etc. as well as all information about the products themselves are for illustrative purposes only and are non-binding. Only the specific information displayed on the product packaging shall apply.
Prices are displayed in the national currency of the purchaser. The amount is shown separately on the invoice on the day of invoicing. There is no minimum order value.
The prices stated on the online shop at the time of placing an order shall apply.
The presentation of products on the online shop shall not constitute a legally binding proposal but rather a non-binding online catalog or non-binding invitation to customers to order a given product on the online shop.
Placing an order shall constitute an offer to enter into a contract with Restaurant-Takeaway.com.
All orders are subject to a minimum purchase quantity. The minimum purchase quantity stated on the online shop shall apply.
Following placement of the order, the customer is automatically issued with a confirmation by Restaurant-Takeaway.com, documenting receipt of the order.
Restaurant-Takeaway.com may reject an order, either in its entirety or in part, without stating the grounds. In such cases, Restaurant-Takeaway.com will inform its customers accordingly and refund any payments already made. No other claims shall be accepted. In particular, undeliverable products will not be delivered at a later date. Temporarily unavailable products cannot be pre-ordered.
5. Conclusion of a contract
A contract shall be deemed to be concluded when the order is processed.
The customer's delivery address must be in Switzerland, France, Germany or Austria.
Deliveries are usually dispatched within one week. It is not possible to determine an exact delivery time within the delivery period. Deliveries cannot be made on Sundays or national or cantonal holidays.
If the customer is not present at the delivery address at the time of delivery and has not given any special delivery instructions, the delivery will be left at the front door of the apartment/house or the reception/entrance of the company. Customers will be responsible for delivered products, even if they have not been received in person by the customer.
The cost of delivery depends on the total value of the ordered products (minimum purchase value excluding delivery charges). Delivery costs are listed separately in the shopping cart and on the invoice.
Restaurant-Takeaway.com guarantees a flawless delivery of the products. The warranty is 2 years from delivery. The warranty does not cover normal wear and tear. The warranty expires if the customer changes the delivered goods.
Restaurant-Takeaway.com can fulfill its guarantee through either partial or complete replacement by an equivalent product, a reduction in price or by issuing a credit note up to the sales price applicable at the time of the order.
Should delivered products exhibit clear damage to their packaging or contents, the customer must, without prejudice to his/her warranty rights, immediately complain to the delivery staff and refuse acceptance thereof. Customers are obliged to ensure that delivery staff issue a damage confirmation notification. Any transport-related damage must also be reported to Restaurant-Takeaway.com immediately.
Upon arrival, the customer must immediately examine the goods for defects and condition. In the case of obvious defects, these must be reported to Restaurant-Takeaway.com in writing within 10 days of discovery, as must hidden defects. Otherwise the warranty for these defects is void. In case of complaints, the date of purchase must be proven with an invoice. The complained article must be sent in together with a copy of the invoice, sufficiently stamped.
9. Terms of payment
Unless otherwise agreed in writing, the purchase price is due for payment net within 30 days of the invoice date. In case of delayed payment Restaurant-Takeaway.com reserves the right - subject to the assertion of further damages caused by delay - to charge interest of 6%.
10. Applicale law and jurisdiction
The legal relationship between Restaurant-Takeaway.com and its customers is subject to Swiss substantive law. Place of performance and jurisdiction for both parties is the place of business of Restaurant-Takeaway.com.