General Terms and Conditions of ZUNANI AG
(Status September 2022)
1. Scope of application
These general terms and conditions (GTC) apply to all legal transactions conducted by natural or legal persons (customer)personally on site, by telephone, e-mail or via the online store www.zunanitruffle.com (online store) with theZUNANI AG, Bahnhofstrasse 10, 8001 Zurich, SWITZERLAND (Seller)and are part of the corresponding contractual relationship.The Seller reserves the right to change these terms and conditions at any time.The version valid at the time of the order shall apply in each case. This can be viewed atunder www.zunanitruffle.com/agb. Any terms and conditions of the customer that deviate from these GTCwill not be accepted unless the seller has confirmed them in writing.
2. Conclusion of contract
The Seller offers beverages and products refined with truffle extract (Products) to customers for purchase (Offer) via various sales channels. The customers have the opportunity to purchase products by ordering on site, by telephone, e-mail or via the online store at the price (price) specified by the Seller (acceptance of offer). The offer acceptance is possible in writing, verbally or electronically. With the acceptance of the offer by the customer, the contractual relationship between the customer and the Seller comes into effect.By accepting the offer, the customer undertakes to accept the products and services. A return of the products by the Seller is excluded.By accepting the offer, the customer expressly agrees to these General Terms and Conditions.For alcoholic beverages, the customer confirms with the acceptance of the offer to meet the specified legal minimum age, his country, for the purchase of alcohol (16 / 18 / 21 years).
3. Prices and invoicing
The Seller is free to set the prices for the products (including currency) and change them at any time. The price stated in the offer shall apply in each case. Unless otherwiseprices are exclusive of value added tax. Any shipping andpackaging costs will be calculated separately from the price and, if possible, shown in the offer. If the shipping and packaging costs cannot be determined in advance, the customer will be invoiced for reasonable costs according to expenditure. For purchases, payment is made on invoice by the seller orvia other payment methods. The period for payment of the invoicewithout otherwise specified is 30 days. The Seller reserves the right to exclude customers without giving reasons from individual payment options or to require prior payment of the products to be delivered. In the event of late payment by the customer, the Seller may charge interest on arrears of 5% per yearand, from the second reminder, a reminder fee of CHF 40.- or EUR40.-.
4. Delivery and collection
The customer has the choice to have the products delivered or to pick them up at a place specified by the Seller. In case of deliveries, the products will be sent to the delivery address specified by the customer. Unless otherwise noted by customers, this corresponds to the billing address. The transport risk shall be borne entirely by the Customer. With the shipment of the products, the transfer of benefit and damage to the customer. If additional shipping costs are incurred because the customer has specified an incorrect delivery address or an incorrect addressee, these costs shall be borne entirely by the customer. The products are delivered by a subcontractor of the Seller or the post office. In principle, the agreed delivery times apply. In case of late delivery, there is no claim for damages. In this regard, the customer explicitly waivesany financial claims.If the customer does not accept the products delivered by the Seller within the agreed or stated delivery times, the Seller can withdraw from thecontract, cancel the order and charge the customer a handling fee of 15%.For collections, the place, date and time(s) as specified by the Seller inthe quotation shall apply. Products must be picked up at the specified time or withinthe specified time window and location. If the Products are not collected accordingly, the Seller may withdraw from the Contractand charge the Customer a handling fee of 15% of the invoice amount.
5. Availability of products, warranty and liability
If a product is no longer available, the Seller may withdraw from the contract.In this case, it shall refund to the customer any payments already made.The products of the Seller with best-before date are in principle edible untilthe indicated date. However, the customer is aware thatthe products are natural products and must therefore be checked for edibility before consumption. The products and deliveries are manufactured and executed by the Seller or by subcontractors commissioned by the Seller. The Seller assumes liability for intent and gross negligence, any further liability is excluded to the extent possible by law.The Seller assumes no liability for damage caused or brought about in any way bythe customer, in particular by improper storage, or by other persons, as well asby force majeure. The liability of the Seller for auxiliary persons as well as subcontractors is completelycancelled.
6. Data protection
The data required for the transaction will be stored and used in the contextof the execution of the contract. The customer agrees that his personal data may be disclosed to third parties if this is necessary for the execution of the contract.
7. Severability clause
Should individual provisions or parts of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The customerand the Seller undertake in this case to replace the invalid provisionby the valid provision that comes closest to the economic purpose of theinvalid provision. This also applies to loopholes in the contract.
8. Applicable law and place of jurisdiction
Any disputes arising from this contract are to be judged according to Swiss law. The place of jurisdiction is Zurich.