1.1 These Terms and Conditions (T&C) govern the relationship between Max Felchlin AG and its online shop customers. They are a mandatory part of every contract concluded between Max Felchlin AG and a customer. Subsidiary agreements, assurances or amendments to these T&C must be in writing. These T&Cs therefore apply to orders and deliveries of standard articles from Max Felchlin AG.
2. CONCLUSION OF THE CONTRACT
Customers place their orders online. Offers to conclude a purchase contract are made by placing a binding order once the customer has added the products to their shopping cart and confirmed the selection by clicking the button marked “Buy”. Customers may edit their details at any time until they click on the “Buy” button. The contract is concluded when Max Felchlin AG sends an order confirmation by email.
3. CHANGES TO ORDERS
Orders placed by customers are binding for them. Customers cannot change an order after it has been placed. This is without prejudice to any right of withdrawal.
4. TERMS OF DELIVERY
4.1 Delivery of the ordered items is at the customer’s expense. The delivery and shipping costs are indicated separately on the invoice.
4.2 Domestic deliveries (Switzerland and the Principality of Liechtenstein) are carried out by Swiss Post. PostPac Priority or Swiss-Express «Mond».
4.3 Max Felchlin AG is not liable if consignments cannot be delivered or their delivery is delayed due to the provision of an incorrect delivery address by the customer or if the recipient is absent.
4.4 Max Felchlin AG is not liable for delayed deliveries through no fault of its own, e.g. due to force majeure, traffic congestion and poor weather etc., and such circumstances shall not entitle the customer either to withdraw from the purchase contract or to claim damages.
5.1 The prices listed as per date on which the customer places the order shall apply to the products on offer. The prices are binding until Max Felchlin AG confirms the order or for the period specified in the order confirmation. All prices are net and quoted in Swiss francs (excl. VAT).
5.2 Prices may be amended due to changes in taxes, fees, charges or shipping costs.
6. PAYMENT TERMS
6.1 Orders in the online shop are payable as per the invoice within 30 days. Invoices are sent immediately after conclusion of the contract.
7. INSPECTION OF GOODS/COMPLAINTS
7.1 The recipient undertakes to check the goods for completeness and condition immediately upon receipt. Any complaints regarding quality and completeness must be reported to Max Felchlin AG without delay, but at the latest within 48 hours of delivery. The delivery will otherwise be deemed to have been accepted.
7.2 Max Felchlin AG shall not be liable for transport damage and damage resulting from improper storage of the goods after acceptance by the customer or its assistants.
8. RETURNS, EXCHANGE AND RIGHT TO WITHDRAWAL
8.1 Products that are delivered to the customer complete and undamaged can neither be returned nor exchanged.
8.2 Products returned to Max Felchlin AG by the forwarder after an unsuccessful delivery attempt cannot be redelivered to the customer for reasons of food law. The customer must place a new order and will incur the costs in this case.
9. DATA PROTECTION
9.1 The data required for fulfilment of the transaction will be stored and transferred to the company commissioned with delivery as part of contract processing. Stored data will otherwise not be disclosed to third party companies, with the exception of credit rating agencies and for debt collection if necessary. Max Felchlin AG uses the data for customer care within in Switzerland.
9.2 Max Felchlin AG may conduct correspondence relating to the order and other matters by electronic means. Explicit reference is made to the inherent security risks in the transfer of data by email that Max Felchlin AG is unable to control, including virus transmission, damage to data, loss of data or access by third parties. By placing an order and providing a personal email address, the customer allows Max Felchlin AG to send documents and other data electronically and also by means of unencrypted emails.
10. APPLICABLE LAW AND PLACE OF JURISDICTION
10.1 The contracts shall be governed exclusively by Swiss law, to the exclusion of the Vienna Sales Convention (CISG).
10.2 The exclusive place of jurisdiction is Schwyz, subject to a right of appeal to the Swiss Federal Supreme Court.
Max Felchlin AG, Ibach-Schwyz 15 February 2022